IC 3-6-4.5
    Chapter 4.5. Administrative Complaint Procedure ConcerningUniform and Nondiscriminatory Election Technology andAdministrative Requirements Under Title III of HAVA

IC 3-6-4.5-1
Repealed
    (Repealed by P.L.221-2005, SEC.145.)

IC 3-6-4.5-2
"Title III"
    Sec. 2. As used in this chapter, "Title III" refers to Title III ofHAVA (42 U.S.C. 15481 through 15485).
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-3
Establishment of administrative complaint procedure
    Sec. 3. As required by 42 U.S.C. 15512, this chapter establishesthe state based administrative complaint procedures to remedygrievances concerning uniform and nondiscriminatory electiontechnology and administrative requirements under Title III.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-4
Remedies supplement other remedies under IC 3
    Sec. 4. The remedies provided under this chapter are supplementalto any other remedies provided to an aggrieved party under this title.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-5
Procedures uniform and nondiscriminatory
    Sec. 5. As required by 42 U.S.C. 15512, the procedures prescribedby this chapter must be uniform and nondiscriminatory.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-6
Filing complaint with election division
    Sec. 6. As provided by 42 U.S.C. 15512, a person who believesthere is a violation of any provision of Title III, including a violationthat has occurred, is occurring, or is about to occur, may file acomplaint with the election division.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-7
Form of complaint
    Sec. 7. As required by 42 U.S.C. 15512, a complaint filed underthis chapter must be written, signed, and sworn to before anindividual authorized to administer an oath under IC 33-42-4.
As added by P.L.209-2003, SEC.13. Amended by P.L.98-2004,SEC.26.
IC 3-6-4.5-8
Information required in complaint
    Sec. 8. The complaint filed under section 7 of this chapter muststate the following:
        (1) The name and mailing address of the person alleged to becommitting the violation of Title III described in the complaint.
        (2) Whether the person filing the complaint has filed acomplaint concerning the violation with a county election boardunder IC 3-6-5.1.
        (3) The nature of the injury suffered (or about to be suffered) bythe person filing the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-9
Copies of complaint provided to commission and persons identifiedin complaint
    Sec. 9. The election division shall promptly provide a copy of thecomplaint by first class mail to the members of the commission andthe persons identified in the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-10
Complaint filed with county election board; suspension of stateenforcement
    Sec. 10. A person entitled to file a complaint under this chaptermay file a complaint with the county election board where theviolation allegedly occurred under IC 3-6-5.1. If a person filed acomplaint under IC 3-6-5.1, the election division shall not beginenforcement procedures under this chapter regarding the complaintuntil the person filing the complaint files a complaint with theelection division under this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-11
Complaint against co-director filed with commission chair; dutiesof commission chair
    Sec. 11. This section applies if the complaint alleges that eitherco-director of the election division has committed the violation. Theaggrieved person shall file the complaint with the chair of thecommission. The chair of the commission shall perform the dutiesotherwise performed by the election division concerning a complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-12
Consolidation of complaints
    Sec. 12. As permitted under 42 U.S.C. 15512, the electiondivision (or commission) may consolidate complaints filed under thischapter.
As added by P.L.209-2003, SEC.13.
IC 3-6-4.5-13
Preliminary determination of validity of complaint; dismissal;notice of dismissal
    Sec. 13. The election division shall determine whether acomplaint filed under this chapter describes a violation of Title III ifthe facts set forth in the complaint are assumed to be true. If theelection division determines that:
        (1) even if the facts set forth in the complaint are assumed to betrue, there is no violation of Title III; or
        (2) the person has not complied with section 7 of this chapter;
the election division shall dismiss the complaint and publish theorder dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-14
Persons to whom notices of dismissal provided
    Sec. 14. If the election division dismisses a complaint undersection 13 of this chapter, the election division shall provide a copyof this determination by certified mail to:
        (1) the person who filed the notice;
        (2) the person alleged to have committed the violation;
        (3) the members of the commission; and
        (4) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-15
Investigation of complaints determined valid
    Sec. 15. If the election division determines that the complaintalleges a violation of Title III if the facts alleged in the complaint areassumed to be true and that the person has complied with section 7of this chapter, the election division shall conduct an investigationunder IC 3-6-4.2.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-16
Submission of investigation results to commission; commissionreport; persons provided copy of report
    Sec. 16. The election division, upon completing the investigation,shall submit the results of the investigation to the commission, whichshall then issue a written report. The election division shall providea copy of the report by certified mail to:
        (1) the person who filed the complaint;
        (2) the person alleged to have committed the violation;
        (3) the members of the commission; and
        (4) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-17
Content of report
    Sec. 17. The report described in section 16 of this chapter must:        (1) indicate the date when the complaint alleging the violationwas received by the election division;
        (2) contain findings of fact regarding the alleged violation andstate whether a violation of Title III has occurred, or appearedto be likely to occur when the complaint was filed;
        (3) state what steps, if any, the person alleged to havecommitted the violation has taken to correct the violation or toprevent a reoccurrence of the violation;
        (4) suggest any additional measures that could be taken tocorrect a violation;
        (5) indicate the date when a violation was corrected or isexpected to be corrected; and
        (6) provide any additional information or recommendationsuseful in resolving this complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-18
Hearing; record
    Sec. 18. As required by 42 U.S.C. 15512, at the request of theperson filing a complaint, or at the request of a member of thecommission, the commission shall conduct a hearing on thecomplaint and prepare a record of the hearing. A request for ahearing must be filed with the election division not later than noonseven (7) days after the report is mailed under section 16 of thischapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-19
Commission action after hearing
    Sec. 19. After concluding the hearing, the commission shall:
        (1) affirm the report;
        (2) amend the report; or
        (3) refer the matter to the election division for furtherinvestigation and submission of a subsequent report to thecommission.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-20
Dismissal of complaint after determination of no violation
    Sec. 20. As required by 42 U.S.C. 15512, if the commissiondetermines that based on the evidence presented, there is no violationof any provision of Title III or that the person has not complied withsection 7 of this chapter, the commission shall dismiss the complaintand publish the order dismissing the matter in the Indiana Register.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-21
Commission to provide remedy if violation found; notification ofcensus data advisory committee if legislation required
    Sec. 21. As authorized by 42 U.S.C. 15512, if the commission

determines that there is a violation of any provision of Title III, thecommission shall determine and provide the appropriate remedy ifauthorized by law to do so. If providing the remedy would requireadditional or amended Indiana legislation, the commission shallnotify the census data advisory committee and providerecommendations regarding the form and content of this legislation.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-22
Civil actions
    Sec. 22. The secretary of state may file a civil action seekingdeclaratory or injunctive relief to secure or implement a remedydetermined by the commission to be appropriate under section 21 ofthis chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-23
Summary of actions; to whom provided
    Sec. 23. The commission shall forward a written summary of anyaction taken by the commission under section 20 or 21 of this chapterby certified mail to:
        (1) the person who filed the complaint;
        (2) the person alleged to have committed the violation; and
        (3) the attorney general.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-24
Deadline for making final determination on complaint
    Sec. 24. As required by 42 U.S.C. 15512, the commission shallmake the final determination regarding the complaint not later thanninety (90) days after the date the complaint is filed. The personfiling the complaint may file a written consent permitting thecommission to take a longer period to make the final determinationregarding the complaint.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-25
Extension of deadline
    Sec. 25. As required by 42 U.S.C. 15512, if the commission failsto make the final determination regarding the complaint within theperiod applicable to the complaint under section 24 of this chapter,the complaint shall be resolved not later than sixty (60) days after thedeadline applicable to the complaint under section 24 of this chapter.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-26
Referral of complaint to arbitrator
    Sec. 26. A complaint described by section 25 of this chapter shallbe resolved by referral to an arbitrator selected jointly by thecommission and the person who filed the complaint.As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-27
Record and other materials given to arbitrator
    Sec. 27. As provided by 42 U.S.C. 15512, the record and othermaterials from any proceedings conducted by the commission shallbe made available for use by the arbitrator.
As added by P.L.209-2003, SEC.13.

IC 3-6-4.5-28
Filing arbitrator's report; content of report
    Sec. 28. The arbitrator shall file a report with the election divisionsetting forth the resolution of the complaint. The report must specifythe following:
        (1) Whether a violation of Title III has occurred or was about tooccur when the complaint was filed.
        (2) The appropriate remedy to correct any violation.
        (3) Whether providing the remedy would require additional oramended Indiana legislation or a civil action for declaratory orinjunctive relief.
        (4) Any other information and recommendations necessary tofully provide any appropriate relief under this chapter.
As added by P.L.209-2003, SEC.13.