28.035. Help America Vote Act of 2002, secretary of state to be chief state election official for--procedures for election complaints to be established--rulemaking authority.
Help America Vote Act of 2002, secretary of state to be chiefstate election official for--procedures for election complaintsto be established--rulemaking authority.
28.035. 1. The secretary of state shall be the chief state electionofficial responsible for the administration and coordination of stateresponsibilities pursuant to the Help America Vote Act of 2002. Thesecretary is authorized to appoint members to commissions, develop andsubmit plans, set voting systems standards and compliance deadlines, andany other activities reasonably necessary to comply with the Help AmericaVote Act of 2002.
2. The office of the secretary of state shall be designated as thesingle office which shall be responsible for providing informationregarding voter registration procedures and absentee ballot procedures tobe used by absent uniformed services voters and overseas voters, as definedin section 115.279, RSMo, with respect to elections for federal office.
3. The secretary of state shall establish state-based administrativecomplaint procedures to remedy grievances concerning a violation of TitleIII of the Help America Vote Act of 2002. These procedures shall:
(1) Require complaints to be in writing and notarized, and signed andsworn by the person filing the complaint;
(2) Allow complaints to be consolidated;
(3) At the request of the complainant, require a hearing on therecord which may be conducted exclusively by written testimony andinformation;
(4) Provide an appropriate remedy for any substantiated violation ofTitle III of the Help America Vote Act of 2002;
(5) Dismiss the complaint and publish the results of the procedureswhen there is a determination of no violation;
(6) Require a final determination with respect to the complaintbefore the expiration of the ninety-day period which begins on the date thecomplaint is filed, unless the complainant consents to a longer period formaking such a determination; and
(7) If the final determination is not completed within ninety days,resolve the complaint within sixty days under alternative disputeresolution procedures.
The record and any other materials from proceedings conducted pursuant tothis subsection shall be made available for use under the alternativedispute resolution procedures.
4. The secretary of state is authorized to promulgate rules toexecute this section. No rule or portion of a rule promulgated pursuant tothe authority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
(L. 2003 H.B. 511)