IC 3-6-5.1
    Chapter 5.1. County Procedures for Resolving AdministrativeComplaints Concerning Uniform and Nondiscriminatory ElectionTechnology and Administrative Requirements Under Title III ofHAVA

IC 3-6-5.1-1
Repealed
    (Repealed by P.L.230-2005, SEC.91.)

IC 3-6-5.1-2
"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.17.

IC 3-6-5.1-3
County administrative complaint procedure established
    Sec. 3. This chapter establishes a county based administrativecomplaint procedure to supplement the state based administrativecomplaint procedure under IC 3-6-4.5 to remedy grievancesconcerning uniform and nondiscriminatory election technology andadministrative requirements under Title III. A person who files acomplaint under this chapter retains the right to file a complaint withthe election division under IC 3-6-4.5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-4
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.17.

IC 3-6-5.1-5
Procedures uniform and nondiscriminatory
    Sec. 5. The procedures prescribed by this chapter must be uniformand nondiscriminatory.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-6
Filing complaint with circuit court clerk
    Sec. 6. A person who believes there is a violation of any provisionof Title III, including a violation that has occurred, is occurring, oris about to occur, may file a complaint with the circuit court clerk ofthe county where the violation occurred, is occurring, or is about tooccur.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-7
Form of complaint    Sec. 7. A complaint filed under this chapter must be written,signed, and sworn to before an individual authorized to administer anoath under IC 33-42-4.
As added by P.L.209-2003, SEC.17. Amended by P.L.98-2004,SEC.27.

IC 3-6-5.1-8
Information required in complaint
    Sec. 8. The complaint filed under section 6 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 the election divisionunder IC 3-6-4.5.
        (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.17.

IC 3-6-5.1-9
Complaint provided to county election board and persons namedin complaint
    Sec. 9. The circuit court clerk shall promptly provide a copy of thecomplaint by first class mail to the members of the county electionboard and the persons identified in the complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-10
Dismissal of complaint filed concurrently with election division
    Sec. 10. If the county election board is notified at any time thatthe person who filed a complaint under this chapter has filed acomplaint with the election division under IC 3-6-4.5 regarding thismatter, the county election board shall dismiss the proceeding underthis chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-11
Complaint against clerk filed with chair of county election board
    Sec. 11. This section applies if the complaint alleges that thecircuit court clerk has committed the violation. The aggrieved personshall file the complaint with the chair of the county election board.The chair shall perform the duties otherwise performed by the circuitcourt clerk concerning a complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-12
Consolidation of complaints
    Sec. 12. The county election board may consolidate complaintsfiled under this chapter.
As added by P.L.209-2003, SEC.17.
IC 3-6-5.1-13
Preliminary determination of validity of complaint; dismissal;notice of dismissal
    Sec. 13. The circuit court clerk 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. The circuitcourt clerk may consult with the election division in making thisdetermination. If the circuit court clerk 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) that the person has not complied with section 7 of thischapter;
the circuit court clerk shall dismiss the complaint and publish noticeof the order dismissing the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-14
Persons to whom notice of dismissal provided
    Sec. 14. If the circuit court clerk dismisses a complaint undersection 13 of this chapter, the circuit court clerk 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 county election board; and
        (4) the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-15
Investigation of complaints determined valid
    Sec. 15. If the circuit court clerk 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 circuit court clerk shall conduct an investigationunder IC 3-6-5.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-16
Submission of investigation results to county election board;county election board report; persons provided copies of report
    Sec. 16. The circuit court clerk, upon completing theinvestigation, shall submit the results of the investigation to thecounty election board, which shall then issue a written report. Thecircuit court clerk shall provide a copy of the report by certified mailto:
        (1) the person who filed the complaint;
        (2) the person alleged to have committed the violation;
        (3) the members of the county election board; and
        (4) the election division.
As added by P.L.209-2003, SEC.17.
IC 3-6-5.1-17
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 county election board;
        (2) contain findings of fact regarding the alleged violation andstate whether a violation of Title III has occurred or appeared tobe 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.17.

IC 3-6-5.1-18
Hearing; record
    Sec. 18. At the request of the person filing a complaint, or at therequest of a member of the county election board, the board shallconduct a hearing on the complaint and prepare a record of thehearing. This request must be filed not later than noon seven (7) daysafter the report was mailed under section 16 of this chapter.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-19
County election board action after hearing
    Sec. 19. After concluding the hearing, the county election boardshall:
        (1) affirm the report;
        (2) amend the report;
        (3) refer the matter to the circuit court clerk for furtherinvestigation and submission of a subsequent report to thecounty election board; or
        (4) refer the matter to the election division.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-20
Dismissal of complaint after determination of no violation
    Sec. 20. If the county election board determines that based on theevidence presented, there is no violation of any provision of Title IIIor that the person has not complied with section 7 of this chapter, thecounty election board shall dismiss the complaint and publish noticeof the order dismissing the matter in accordance with IC 5-3-1.
As added by P.L.209-2003, SEC.17.
IC 3-6-5.1-21
County election board to provide remedy if authorized by law;dismissal of complaint if remedy not authorized
    Sec. 21. If the county election board determines that there is aviolation of any provision of Title III, the county election board shalldetermine and provide the appropriate remedy if authorized by lawto do so. If the county election board determines that it is notauthorized by law to provide the appropriate remedy, the countyelection board shall dismiss the complaint.
As added by P.L.209-2003, SEC.17.

IC 3-6-5.1-22
Summary of county election board action; to whom provided
    Sec. 22. The county election board shall forward a writtensummary of any action taken by the commission under section 20 or21 of this chapter by certified mail to:
        (1) the person who filed the complaint;
        (2) the person alleged to have committed the violation; and
        (3) the election division.
As added by P.L.209-2003, SEC.17.