8 CCR 1505-1-13 - Election and HAVA Complaints
13.1
Election complaint procedures
13.1.1 Any
individual who personally witnesses a violation of the Uniform Election Code of
1992 may file an election complaint.
13.1.2 An election complaint must include the
approved Secretary of State's Election Complaint cover sheet.
13.1.3 Processing and docketing election
complaints
(a) Within three business days of
receiving a complaint, the Secretary's designee will review the complaint to
determine if it satisfies Rule 13.1.2 and sufficiently alleges a violation of
the Uniform Election Code of 1992. The Secretary's designee may extend this
deadline in the event that there are extenuating circumstances which would
inhibit the designee's ability to meet the deadline.
(1) If the complaint does not meet the
requirements of Rule 13.1.3, the Secretary's designee will notify the
complainant of the deficiency.
(2)
If a complaint meets the criteria, the Secretary's designee will notify the
complainant and send a copy of the complaint to the person or entity alleged to
have committed a violation.
(b) After notification, the person or entity
alleged to have committed the violation will have 15 business days to submit a
written response to the Secretary of State's office.
13.1.4 Amending an election complaint
(a) A complainant may amend a complaint
within seven days after filing if he or she discovers new facts relating to the
existing complaint.
(b) An
amendment may not contain allegations of a new violation.
13.1.5 Investigation
(a) After the response period outlined in
Rule 13.1.3, the Secretary's designee will investigate the complaint.
(b) If the Secretary of State determines that
the complaint requires an immediate investigation, the Secretary's designee
will begin investigating before the response period closes. In making the
determination, the Secretary will consider whether the issue has the potential
to affect an upcoming election.
(c)
Depending on the violation alleged, the Secretary's designee may:
(1) Review documents;
(2) Visit the county;
(3) Conduct interviews;
(4) Test equipment;
(5) Take other steps necessary; or
(6) Convene a hearing and take testimony from
interested parties.
(d)
During an ongoing investigation, county clerks and staff must accommodate
requests by the Secretary's designee in the timeframe requested by
staff.
13.1.6 Resolution
of election complaints
(a) After an
investigation and hearing, if applicable, the Secretary's designee will:
(1) Dismiss the complaint as not supported by
credible evidence;
(2) Refer the
complaint to a prosecuting authority under Article 13 of Title 1, C.R.S.;
or
(3) Find a violation, recommend
a resolution, and forward the recommendation for resolution to the Secretary of
State.
13.2. Help America Vote Act (HAVA) complaint
procedures
13.2.1 Any person who believes that
a violation of Title III of HAVA has occurred, is occurring, or is about to
occur, may file a HAVA complaint with the Secretary of State.
13.2.2 A HAVA complaint must include the
approved Secretary of State's HAVA Complaint cover sheet.
13.2.3 A complainant must allege a HAVA
violation with particularity and refer to the section of HAVA that has been
violated.
13.2.4 A complaint must
be filed no later than one year from the date of either the occurrence of the
alleged violation or of the election giving rise to the violation, whichever is
later.
13.2.5 Each complaint must
be in writing and notarized, signed, and sworn by the person filing the
complaint.
13.2.6 Processing and
docketing HAVA complaints
(a) Within three
business days of receiving a complaint, the Secretary's designee will review
the complaint to determine if it satisfies Rules 13.2.2 through 13.2.5.
(1) If the complaint does not include a cover
sheet the Secretary's designee will notify the complainant of the
discrepancy.
(2) If a complaint
meets the criteria, the Secretary's designee will assign a complaint number,
notify the complainant, and send a copy of the complaint to the person or
entity alleged to have committed a violation.
(b) After notification, the person or entity
alleged to have committed the violation will have 15 business days to submit a
written response to the Secretary of State's office.
(c) The Secretary's designee may consolidate
two or more HAVA complaints.
13.2.7 Amending a HAVA complaint
(a) A complainant may amend a complaint
within seven days after filing if he or she discovers new facts relating to the
existing complaint.
(b) An
amendment may not contain allegations of a new violation.
13.2.8 Investigation
(a) After the response period outlined in
Rule 13.2.6, the Secretary's designee will investigate the complaint.
(b) If the Secretary of State determines an
immediate investigation is required, the Secretary's designee will begin
investigating before the response period has closed. In making the
determination, the Secretary will consider whether the issue has the potential
to affect an upcoming election.
(c)
Depending on the violation alleged, the Secretary's designee may:
(1) Review documents;
(2) Visit the county;
(3) Conduct interviews;
(4) Test equipment; or
(5) Take other steps necessary.
(d) While an investigation is
ongoing, county clerk staff must accommodate requests by the Secretary's
designee in the timeframe requested.
13.2.9 Hearing and resolution of HAVA
complaints
(a) The Secretary of State or his
or her designee will hold a hearing if the complainant requests one at the time
of filing the complaint, unless the complainant later withdraws the
request.
(b) After the
investigation and hearing, if any, the Secretary's designee will:
(1) Dismiss the complaint as not supported by
credible evidence;
(2) Refer the
complaint to a prosecuting authority under Article 13 of Title 1, C.R.S.;
or
(3) Find a violation, recommend
a resolution, and forward the recommendation for resolution to the Secretary of
State.
13.2.10
Alternative dispute resolution under section
1-1.5-105(2)(j),
C.R.S.
(a) If the Secretary of State does not
resolve the complaint within 90 days of the date that it was filed and the
complainant does not consent to an extension of time, the Secretary of State
will transfer the complaint to a hearing officer.
(b) The Secretary of State will provide the
record and any other materials from the proceedings to the hearing
officer.
(c) The Secretary of State
will consider the initial determination by the hearing officer and issue a
final determination within 60 days of the date the determination is received by
the Secretary.
13.2.11
The Secretary of State's determination is a final agency action.
13.2.12 The Secretary of State may recover
the costs of proceeding against any complainant that files a frivolous,
groundless, or vexatious complaint.
Notes
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