US Laws, Codes, Statutes & Cases

§ 4990. Applicability.

The Administrative Complaint Process shall only apply to alleged violations of Title III of the Help America Vote Act of 2002 [42 U.S.C. § 15481, et seq.] to include an alleged violation that has occurred, is occurring or is about to occur. (74 Del. Laws, c. 168, § 5.)

§ 4991. Process.

(a) The person making a complaint shall submit the complaint to the Commissioner of Elections or any of the Departments of Elections for the counties. The complaint shall be in writing, notarized and signed and sworn to by the person making the complaint.

(b) If 1 of the Departments for the counties receives such a complaint, the Department shall forward it to the Commissioner of Elections on the same business day that it is received.

(c) The Commissioner of Elections shall notify the complainant(s) of receipt of the complaint and provide the complainant(s) a description of the complaint resolution process.

(d) The Commissioner of Elections may consolidate similar complaints.

(e) If requested by the complainant(s), there shall be a hearing for the record.

(f) The Commissioner of Elections shall appoint a person or persons to examine the complaint, gather information about the circumstances and then determine whether or not there was a violation of Title III of the Help American Vote Act of 2002 [42 U.S.C. § 15481, et seq.].

(g) If the person handling the complaint determines that a violation has occurred, that person shall recommend a suitable remedy to the Commissioner of Elections. The Commissioner may accept, reject or modify any proposed remedy.

(h) If the person handling the complaint determines that a violation did not occur, the complaint shall be dismissed.

(i) The Commissioner of Elections shall publish the results of the resolution of each complaint as the Commissioner sees fit.

(j) A final determination shall be made on each complaint as quickly as possible, but no later than 90 days following the date that the complaint was filed unless the complainant consents to a longer period for resolving the complaint.

(k) If the complaint is not resolved within 90 days and the complainant has not agreed to a longer period, the Commissioner of Elections shall take such steps as necessary to resolve the complaint within the next 60 days. The original complaint and all information developed in the previous attempt(s) to resolve the issue(s) shall be made available to the person(s) subsequently charged with resolving the complaint.

(l) The Commissioner of Elections shall develop a system for tracking complaints alleging Title III of the Help America Vote Act of 2002 [42 U.S.C. § 15481, et seq.] violations. (74 Del. Laws, c. 168, § 5; 70 Del. Laws, c. 186, § 1.)