2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:567.3 Processing of complaint

§567.3.  Processing of complaint

A.  The secretary of state or his designee shall examine each complaint and may reject the complaint for filing if any of the following apply:

(1)  The complaint does not clearly identify the name of the complainant and include an adequate means of contacting the complainant.

(2)  The complaint is not signed by the complainant and notarized.

(3)  The complaint does not, on its face, allege a violation of Title III with regard to a federal election.

(4)  The complaint is not in proper form.

B.  The chairman of the board shall establish a schedule under which the complainant and respondent, as well as any other interested person, may file written submissions concerning the complaint and under which the complaint shall be finally determined.

C.  The board may consolidate complaints if they relate to common issues or to the same actions or events.

D.(1)  The board shall compile and maintain an official record in connection with each complaint under this Subpart.

(2)  The official record shall contain all of the following:

(a)  A copy of the complaint, including any amendments requested by the board.

(b)  A copy of any written submissions by the complainant, respondent(s), or other interested persons, including any responses authorized by the board.

(c)  A written report of any investigation conducted or commissioned by the board.

(d)  Copies of all notices and correspondence to or from the board in connection with the complaint.

(e)  Originals or copies of any tangible evidence produced at any hearing conducted pursuant to Subsection F of this Section.

(f)  The original tape recording produced at any hearing conducted pursuant to Subsection F of this Section and a copy of any hearing transcript.

(g)  A copy of any final decision issued pursuant to Subsection G of this Section.

E.  If the board has determined that the complaint does not include a clear and concise description of the alleged violation that is sufficiently detailed to put the board and the respondent on notice of the nature of the alleged violation, the board may require the complainant to file an amended complaint.  If the complainant fails to file the amended complaint, the chairman of the board shall dismiss the complaint.

F.(1)  At the request of the complainant, the board shall conduct a hearing on the record.  The request shall be made in writing to the secretary of state no later than ten days after the filing of the complaint or the amended complaint.  A request for a hearing made after the deadline set forth in this Subsection shall be denied by the chairman of the board.

(2)  The chairman of the board shall establish the date, time, and place for the hearing.  He shall give at least five business days' notice of the date, time, and place of the hearing by all of the following means:

(a)  By mail to the complainant, each named respondent, and any other person who has made a written request to be advised of the hearing.

(b)  On the secretary of state's website.

(c)  By posting in a prominent place, available to the general public, at the offices of the secretary of state.

(3)  Four members of the board shall constitute a quorum and a quorum is required to conduct any hearing under this Subpart.

(4)  The complainant, any respondent, or any other interested person may appear at the hearing and testify or present tangible evidence in connection with the complaint.  Each witness shall be sworn.  The Louisiana and federal rules of evidence shall not apply to this hearing.  The chairman of the board may limit the testimony, if necessary, to ensure that all interested participants are able to present their views.  The chairman of the board may recess the hearing and reconvene at a later date, time, and place announced publicly at the hearing.

(5)  A complainant, respondent, or other person who testifies or presents evidence at the hearing may, but need not, be represented by an attorney.

(6)  The proceedings shall be tape recorded by and at the expense of the board.  The recording shall not be transcribed as a matter of course, but the board, a parish board of election supervisors, or any party may obtain a transcript at its own expense.  A copy of the transcript shall be filed as part of the record, and any other interested person may examine the record copy.

(7)  Any party to the proceedings may file a written brief or memorandum within five business days after the conclusion of the hearing upon authorization of the board.  No responsive or reply memoranda will be accepted, except with the specific authorization of the chairman of the board.

G.(1)  If there has been no hearing conducted pursuant to Subsection F of this Section, the members of the board shall review the record and determine whether a preponderance of the evidence establishes a violation of Title III.  The decision of the board shall require the concurrence of a majority of the members of the board.

(2)  At the conclusion of a hearing conducted pursuant to Subsection F of this Section, the board shall determine whether a preponderance of the evidence establishes a violation of Title III.  The decision of the board shall require the concurrence of a majority of the members of the board present at the hearing.

(3)(a)  If the board determines that a violation of Title III has occurred, the board shall provide an appropriate remedy.  The remedy so provided may include an order to any respondent, commanding the respondent to take specified action, or prohibiting the respondent from taking specified action, with respect to past or future elections; however, the remedy shall not include an award of monetary damages, costs, or attorney fees, and shall not invalidate the results of any election or invalidate any ballot or vote cast.

(b)  The board shall dismiss the complaint if any of the following apply:

(i)  The complaint is not filed within the time set forth in R.S. 18:567.2.

(ii)  The board determines that a violation of Title III has not occurred.

(iii)  The board determines that there is insufficient evidence to establish a violation of Title III.

(4)  The board shall provide reasons for the decision and for any remedy ordered.  A written decision shall be issued by the board.

H.  Except as specified in Subsection J of this Section, the final decision of the board shall be issued within ninety days from the date the complaint was filed, unless the complainant consents in writing to an extension.  The final decision shall be mailed to the complainant, each respondent, and any other person who has made a written request to be advised of the final decision.  It shall also be posted on the secretary of state's website.

I.  If the board fails to make a final decision within ninety days from the date the complaint was filed, or within any extension to which the complainant consents, the complaint shall be referred for final resolution as provided in Subsection J of this Section.  The record compiled pursuant to Subsection D of this Section shall be made available for use pursuant to Subsection J of this Section.

J.(1)  If the board fails to render a final decision within the time set forth in Subsection H of this Section, the board shall transmit the record to the Division of Administrative Law on or before the fifth business day after the board's decision was due.  The Division of Administrative Law shall assign the complaint to an administrative law judge.

(2)  The administrative law judge shall review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any submissions, briefs, or memoranda.  The administrative law judge shall not receive additional testimony or evidence, unless the complainant requested a hearing within the deadline set forth in Subsection F of this Section and the hearing was not conducted within the time set forth in Subsection H of this Section.  In exceptional cases, the administrative law judge may request that the parties present additional briefs or memoranda.

(3)  The administrative law judge shall determine the appropriate resolution of the complaint.

(4)  The administrative law judge shall issue a written resolution of the complaint within sixty days after the final board decision was due pursuant to Subsection H of this Section.  The sixty-day period shall not be extended.  The final resolution of the administrative law judge shall be transmitted to the board.  The final resolution shall be mailed by the board to the complainant, each respondent, and any other person who has made a written request to be advised of the final resolution.  It shall also be posted on the secretary of state's website.  The resolution so provided may include an order to any respondent, commanding the respondent to take specified action, or prohibiting the respondent from taking specified action, with respect to past or future elections; however, the resolution shall not include an award of monetary damages, costs, or attorney fees, and shall not invalidate the results of any election or invalidate any ballot or vote cast.

K.  A complaint filed pursuant to this Subpart shall not constitute an election contest pursuant to R.S. 18:1401 et seq.

Acts 2003, No. 423, §1, eff. Jan.1, 2004.