IC 3-6-5.1
Chapter 5.1. County Procedures for Resolving Administrative
Complaints Concerning Uniform and Nondiscriminatory Election
Technology and Administrative Requirements Under Title III of
HAVA
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Repealed
(Repealed by P.L.230-2005, SEC.91.)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 of
HAVA (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 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 under Title III. A person who files a
complaint under this chapter retains the right to file a complaint with
the 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 supplemental
to 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 uniform
and 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 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 to
occur. 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 an
oath 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 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 the election division
under IC 3-6-4.5.
(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.17.
IC 3-6-5.1-9 Complaint provided to county election board and persons named
in complaint
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.
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 that
the person who filed a complaint under this chapter has filed a
complaint with the election division under IC 3-6-4.5 regarding this
matter, the county election board shall dismiss the proceeding under
this 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 the
circuit court clerk has committed the violation. The aggrieved person
shall file the complaint with the chair of the county election board.
The chair shall perform the duties otherwise performed by the circuit
court 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 complaints
filed 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 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. The circuit
court clerk may consult with the election division in making this
determination. If the circuit court clerk 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) that the person has not complied with section 7 of this
chapter;
the circuit court clerk shall dismiss the complaint and publish notice
of 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 under
section 13 of this chapter, the circuit court clerk 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 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 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
under 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 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 certified mail
to:
(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 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 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.17.
IC 3-6-5.1-18 Hearing; record
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 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 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 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 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
of 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 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 by law to provide the appropriate remedy, the county
election 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 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 election division. As added by P.L.209-2003, SEC.17.
IC 3-6-5.1
Chapter 5.1. County Procedures for Resolving Administrative
Complaints Concerning Uniform and Nondiscriminatory Election
Technology and Administrative Requirements Under Title III of
HAVA
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 of
HAVA (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 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 under Title III. A person who files a
complaint under this chapter retains the right to file a complaint with
the 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 supplemental
to 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 uniform
and 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 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 to
occur. 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 an
oath 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 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 the election division
under IC 3-6-4.5.
(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.17.
IC 3-6-5.1-9 Complaint provided to county election board and persons named
in complaint
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.
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 that
the person who filed a complaint under this chapter has filed a
complaint with the election division under IC 3-6-4.5 regarding this
matter, the county election board shall dismiss the proceeding under
this 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 the
circuit court clerk has committed the violation. The aggrieved person
shall file the complaint with the chair of the county election board.
The chair shall perform the duties otherwise performed by the circuit
court 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 complaints
filed 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 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. The circuit
court clerk may consult with the election division in making this
determination. If the circuit court clerk 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) that the person has not complied with section 7 of this
chapter;
the circuit court clerk shall dismiss the complaint and publish notice
of 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 under
section 13 of this chapter, the circuit court clerk 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 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 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
under 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 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 certified mail
to:
(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 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 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.17.
IC 3-6-5.1-18 Hearing; record
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 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 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 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 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
of 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 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 by law to provide the appropriate remedy, the county
election 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 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 election division. As added by P.L.209-2003, SEC.17.
IC 3-6-5.1
Chapter 5.1. County Procedures for Resolving Administrative
Complaints Concerning Uniform and Nondiscriminatory Election
Technology and Administrative Requirements Under Title III of
HAVA
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 of
HAVA (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 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 under Title III. A person who files a
complaint under this chapter retains the right to file a complaint with
the 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 supplemental
to 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 uniform
and 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 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 to
occur. 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 an
oath 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 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 the election division
under IC 3-6-4.5.
(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.17.
IC 3-6-5.1-9 Complaint provided to county election board and persons named
in complaint
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.
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 that
the person who filed a complaint under this chapter has filed a
complaint with the election division under IC 3-6-4.5 regarding this
matter, the county election board shall dismiss the proceeding under
this 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 the
circuit court clerk has committed the violation. The aggrieved person
shall file the complaint with the chair of the county election board.
The chair shall perform the duties otherwise performed by the circuit
court 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 complaints
filed 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 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. The circuit
court clerk may consult with the election division in making this
determination. If the circuit court clerk 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) that the person has not complied with section 7 of this
chapter;
the circuit court clerk shall dismiss the complaint and publish notice
of 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 under
section 13 of this chapter, the circuit court clerk 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 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 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
under 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 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 certified mail
to:
(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 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 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.17.
IC 3-6-5.1-18 Hearing; record
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 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 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 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 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
of 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 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 by law to provide the appropriate remedy, the county
election 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 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 election division. As added by P.L.209-2003, SEC.17.
