Title 3, ELECTIONS

Sec. 14. If the circuit court clerk dismisses a complaint under section 13 of this chapter, the circuit court clerk shall provide a copy of this determination by first class mail with tracking to: (1) the person who filed the notice; (2) the person alleged to have committed the v…

Sec. 15. If the circuit court clerk determines that the complaint alleges a violation of Title III if the facts alleged in the complaint are assumed to be true and that the person has complied with section 7 of this chapter, the circuit court clerk shall conduct an investigation …

Sec. 16. The circuit court clerk, upon completing the investigation, shall submit the results of the investigation to the county election board, which shall then issue a written report. The circuit court clerk shall provide a copy of the report by first class mail with tracking t…

Sec. 17. The report described in section 16 of this chapter must: (1) indicate the date when the complaint alleging the violation was received by the county election board; (2) contain findings of fact regarding the alleged violation and state whether a violation of Title III has…

Sec. 18. At the request of the person filing a complaint, or at the request of a member of the county election board, the board shall conduct a hearing on the complaint and prepare a record of the hearing. This request must be filed not later than noon seven (7) days after the re…

Sec. 19. After concluding the hearing, the county election board shall: (1) affirm the report; (2) amend the report; (3) refer the matter to the circuit court clerk for further investigation and submission of a subsequent report to the county election board; or (4) refer the matt…

Sec. 2. As used in this chapter, "Title III" refers to Title III of HAVA (52 U.S.C. 21081 through 52 U.S.C. 21085). As added by P.L.209-2003, SEC.17. Amended by P.L.128-2015, SEC.27.

Sec. 20. If the county election board determines that based on the evidence presented, there is no violation of any provision of Title III or that the person has not complied with section 7 of this chapter, the county election board shall dismiss the complaint and publish notice …

Sec. 21. If the county election board determines that there is a violation of any provision of Title III, the county election board shall determine and provide the appropriate remedy if authorized by law to do so. If the county election board determines that it is not authorized …

Sec. 22. The county election board shall forward a written summary of any action taken by the commission under section 20 or 21 of this chapter by first class mail with tracking to: (1) the person who filed the complaint; (2) the person alleged to have committed the violation; an…

Sec. 3. This chapter establishes a county based administrative complaint procedure to supplement the state based administrative complaint procedure under IC 3-6-4.5 to remedy grievances concerning uniform and nondiscriminatory election technology and administrative requirements u…

Sec. 4. The remedies provided under this chapter are supplemental to any other remedies provided to an aggrieved party under this title. As added by P.L.209-2003, SEC.17.

Sec. 5. The procedures prescribed by this chapter must be uniform and nondiscriminatory. As added by P.L.209-2003, SEC.17.

Sec. 6. A person who believes there is a violation of any provision of Title III, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the circuit court clerk of the county where the violation occurred, is occurring, or is about t…

Sec. 7. A complaint filed under this chapter must be written, signed, and sworn to before an individual authorized to administer an oath under IC 33-42-9. As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004, SEC.27; P.L.128-2017, SEC.2.

Sec. 8. The complaint filed under section 6 of this chapter must state the following: (1) The name and mailing address of the person alleged to be committing the violation of Title III described in the complaint. (2) Whether the person filing the complaint has filed a complaint c…

Sec. 9. The circuit court clerk shall promptly provide a copy of the complaint by first class mail to the members of the county election board and the persons identified in the complaint. As added by P.L.209-2003, SEC.17.