IC 3-6-4.5
Chapter 4.5. Administrative Complaint Procedure Concerning
Uniform and Nondiscriminatory Election Technology and
Administrative 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Repealed
(Repealed by P.L.221-2005, SEC.145.)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 of
HAVA (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 establishes
the state based administrative complaint procedures to remedy
grievances concerning uniform and nondiscriminatory election
technology 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 supplemental
to 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 prescribed
by 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 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 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 under
this chapter must be written, signed, and sworn to before an
individual 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 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 concerning the violation with a county election board
under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by
the 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 identified
in complaint
Sec. 9. The election division shall promptly provide a copy of the
complaint by first class mail to the members of the commission and
the 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 state
enforcement
Sec. 10. A person entitled to file a complaint under this chapter
may file a complaint with the county election board where the
violation allegedly occurred under IC 3-6-5.1. If a person filed a
complaint under IC 3-6-5.1, the election division shall not begin
enforcement procedures under this chapter regarding the complaint
until the person filing the complaint files a complaint with the
election 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; duties
of commission chair
Sec. 11. This section applies if the complaint alleges that either
co-director of the election division has committed the violation. The
aggrieved person shall file the complaint with the chair of the
commission. The chair of the commission shall perform the duties
otherwise 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 election
division (or commission) may consolidate complaints filed under this
chapter. 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 a
complaint filed under this chapter describes a violation of Title III if
the facts set forth in the complaint are assumed to be true. If the
election division determines that:
(1) even if the facts set forth in the complaint are assumed to be
true, 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 the
order 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 under
section 13 of this chapter, the election division shall provide a copy
of 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 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 election division shall conduct an investigation
under 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; commission
report; persons provided copy of report
Sec. 16. The election division, upon completing the investigation,
shall submit the results of the investigation to the commission, which
shall then issue a written report. The election division shall provide
a 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 violation
was received by the election division;
(2) contain findings of fact regarding the alleged violation and
state whether a violation of Title III has occurred, or appeared
to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct the violation or to
prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) provide any additional information or recommendations
useful 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 the
person filing a complaint, or at the request of a member of the
commission, the commission shall conduct a hearing on the
complaint and prepare a record of the hearing. A request for a
hearing must be filed with the election division not later than noon
seven (7) days after the report is mailed under section 16 of this
chapter. 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 further
investigation and submission of a subsequent report to the
commission. 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 commission
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 commission shall dismiss the complaint
and 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 of
census 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, the
commission shall determine and provide the appropriate remedy if
authorized by law to do so. If providing the remedy would require
additional or amended Indiana legislation, the commission shall
notify the census data advisory committee and provide
recommendations 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 seeking
declaratory or injunctive relief to secure or implement a remedy
determined by the commission to be appropriate under section 21 of
this 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 any
action taken by the commission under section 20 or 21 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 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 shall
make the final determination regarding the complaint not later than
ninety (90) days after the date the complaint is filed. The person
filing the complaint may file a written consent permitting the
commission to take a longer period to make the final determination
regarding 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 fails
to make the final determination regarding the complaint within the
period applicable to the complaint under section 24 of this chapter,
the complaint shall be resolved not later than sixty (60) days after the
deadline 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 shall
be resolved by referral to an arbitrator selected jointly by the
commission 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 other
materials from any proceedings conducted by the commission shall
be 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 division
setting forth the resolution of the complaint. The report must specify
the following:
(1) Whether a violation of Title III has occurred or was about to
occur when the complaint was filed.
(2) The appropriate remedy to correct any violation.
(3) Whether providing the remedy would require additional or
amended Indiana legislation or a civil action for declaratory or
injunctive relief.
(4) Any other information and recommendations necessary to
fully provide any appropriate relief under this chapter. As added by P.L.209-2003, SEC.13.
IC 3-6-4.5
Chapter 4.5. Administrative Complaint Procedure Concerning
Uniform and Nondiscriminatory Election Technology and
Administrative 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 of
HAVA (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 establishes
the state based administrative complaint procedures to remedy
grievances concerning uniform and nondiscriminatory election
technology 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 supplemental
to 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 prescribed
by 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 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 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 under
this chapter must be written, signed, and sworn to before an
individual 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 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 concerning the violation with a county election board
under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by
the 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 identified
in complaint
Sec. 9. The election division shall promptly provide a copy of the
complaint by first class mail to the members of the commission and
the 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 state
enforcement
Sec. 10. A person entitled to file a complaint under this chapter
may file a complaint with the county election board where the
violation allegedly occurred under IC 3-6-5.1. If a person filed a
complaint under IC 3-6-5.1, the election division shall not begin
enforcement procedures under this chapter regarding the complaint
until the person filing the complaint files a complaint with the
election 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; duties
of commission chair
Sec. 11. This section applies if the complaint alleges that either
co-director of the election division has committed the violation. The
aggrieved person shall file the complaint with the chair of the
commission. The chair of the commission shall perform the duties
otherwise 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 election
division (or commission) may consolidate complaints filed under this
chapter. 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 a
complaint filed under this chapter describes a violation of Title III if
the facts set forth in the complaint are assumed to be true. If the
election division determines that:
(1) even if the facts set forth in the complaint are assumed to be
true, 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 the
order 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 under
section 13 of this chapter, the election division shall provide a copy
of 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 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 election division shall conduct an investigation
under 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; commission
report; persons provided copy of report
Sec. 16. The election division, upon completing the investigation,
shall submit the results of the investigation to the commission, which
shall then issue a written report. The election division shall provide
a 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 violation
was received by the election division;
(2) contain findings of fact regarding the alleged violation and
state whether a violation of Title III has occurred, or appeared
to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct the violation or to
prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) provide any additional information or recommendations
useful 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 the
person filing a complaint, or at the request of a member of the
commission, the commission shall conduct a hearing on the
complaint and prepare a record of the hearing. A request for a
hearing must be filed with the election division not later than noon
seven (7) days after the report is mailed under section 16 of this
chapter. 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 further
investigation and submission of a subsequent report to the
commission. 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 commission
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 commission shall dismiss the complaint
and 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 of
census 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, the
commission shall determine and provide the appropriate remedy if
authorized by law to do so. If providing the remedy would require
additional or amended Indiana legislation, the commission shall
notify the census data advisory committee and provide
recommendations 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 seeking
declaratory or injunctive relief to secure or implement a remedy
determined by the commission to be appropriate under section 21 of
this 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 any
action taken by the commission under section 20 or 21 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 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 shall
make the final determination regarding the complaint not later than
ninety (90) days after the date the complaint is filed. The person
filing the complaint may file a written consent permitting the
commission to take a longer period to make the final determination
regarding 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 fails
to make the final determination regarding the complaint within the
period applicable to the complaint under section 24 of this chapter,
the complaint shall be resolved not later than sixty (60) days after the
deadline 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 shall
be resolved by referral to an arbitrator selected jointly by the
commission 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 other
materials from any proceedings conducted by the commission shall
be 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 division
setting forth the resolution of the complaint. The report must specify
the following:
(1) Whether a violation of Title III has occurred or was about to
occur when the complaint was filed.
(2) The appropriate remedy to correct any violation.
(3) Whether providing the remedy would require additional or
amended Indiana legislation or a civil action for declaratory or
injunctive relief.
(4) Any other information and recommendations necessary to
fully provide any appropriate relief under this chapter. As added by P.L.209-2003, SEC.13.
IC 3-6-4.5
Chapter 4.5. Administrative Complaint Procedure Concerning
Uniform and Nondiscriminatory Election Technology and
Administrative 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 of
HAVA (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 establishes
the state based administrative complaint procedures to remedy
grievances concerning uniform and nondiscriminatory election
technology 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 supplemental
to 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 prescribed
by 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 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 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 under
this chapter must be written, signed, and sworn to before an
individual 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 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 concerning the violation with a county election board
under IC 3-6-5.1.
(3) The nature of the injury suffered (or about to be suffered) by
the 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 identified
in complaint
Sec. 9. The election division shall promptly provide a copy of the
complaint by first class mail to the members of the commission and
the 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 state
enforcement
Sec. 10. A person entitled to file a complaint under this chapter
may file a complaint with the county election board where the
violation allegedly occurred under IC 3-6-5.1. If a person filed a
complaint under IC 3-6-5.1, the election division shall not begin
enforcement procedures under this chapter regarding the complaint
until the person filing the complaint files a complaint with the
election 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; duties
of commission chair
Sec. 11. This section applies if the complaint alleges that either
co-director of the election division has committed the violation. The
aggrieved person shall file the complaint with the chair of the
commission. The chair of the commission shall perform the duties
otherwise 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 election
division (or commission) may consolidate complaints filed under this
chapter. 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 a
complaint filed under this chapter describes a violation of Title III if
the facts set forth in the complaint are assumed to be true. If the
election division determines that:
(1) even if the facts set forth in the complaint are assumed to be
true, 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 the
order 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 under
section 13 of this chapter, the election division shall provide a copy
of 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 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 election division shall conduct an investigation
under 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; commission
report; persons provided copy of report
Sec. 16. The election division, upon completing the investigation,
shall submit the results of the investigation to the commission, which
shall then issue a written report. The election division shall provide
a 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 violation
was received by the election division;
(2) contain findings of fact regarding the alleged violation and
state whether a violation of Title III has occurred, or appeared
to be likely to occur when the complaint was filed;
(3) state what steps, if any, the person alleged to have
committed the violation has taken to correct the violation or to
prevent a reoccurrence of the violation;
(4) suggest any additional measures that could be taken to
correct a violation;
(5) indicate the date when a violation was corrected or is
expected to be corrected; and
(6) provide any additional information or recommendations
useful 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 the
person filing a complaint, or at the request of a member of the
commission, the commission shall conduct a hearing on the
complaint and prepare a record of the hearing. A request for a
hearing must be filed with the election division not later than noon
seven (7) days after the report is mailed under section 16 of this
chapter. 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 further
investigation and submission of a subsequent report to the
commission. 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 commission
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 commission shall dismiss the complaint
and 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 of
census 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, the
commission shall determine and provide the appropriate remedy if
authorized by law to do so. If providing the remedy would require
additional or amended Indiana legislation, the commission shall
notify the census data advisory committee and provide
recommendations 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 seeking
declaratory or injunctive relief to secure or implement a remedy
determined by the commission to be appropriate under section 21 of
this 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 any
action taken by the commission under section 20 or 21 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 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 shall
make the final determination regarding the complaint not later than
ninety (90) days after the date the complaint is filed. The person
filing the complaint may file a written consent permitting the
commission to take a longer period to make the final determination
regarding 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 fails
to make the final determination regarding the complaint within the
period applicable to the complaint under section 24 of this chapter,
the complaint shall be resolved not later than sixty (60) days after the
deadline 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 shall
be resolved by referral to an arbitrator selected jointly by the
commission 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 other
materials from any proceedings conducted by the commission shall
be 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 division
setting forth the resolution of the complaint. The report must specify
the following:
(1) Whether a violation of Title III has occurred or was about to
occur when the complaint was filed.
(2) The appropriate remedy to correct any violation.
(3) Whether providing the remedy would require additional or
amended Indiana legislation or a civil action for declaratory or
injunctive relief.
(4) Any other information and recommendations necessary to
fully provide any appropriate relief under this chapter. As added by P.L.209-2003, SEC.13.
