General Elections


Subchapter IV. Administrative Complaint Procedure

The Administrative Complaint Process shall only apply to alleged violations of Title III of the Help America Vote Act of 2002 [42 U.S.C. § 15481, et seq.] to include an alleged violation that has occurred, is occurring or is about to occur.

74 Del. Laws, c. 168, § 5.;

(a) The person making a complaint shall submit the complaint to the State Election Commissioner or the Department. The complaint shall be in writing, notarized and signed and sworn to by the person making the complaint.

(b) If the Department receives such a complaint, it shall forward it to the State Election Commissioner on the same business day that it is received.

(c) The State Election Commissioner shall notify the complainant or complainants of receipt of the complaint and provide the complainant or complainants a description of the complaint resolution process.

(d) The State Election Commissioner may consolidate similar complaints.

(e) If requested by the complainant or complainants, there shall be a hearing for the record.

(f) The State Election Commissioner shall appoint a person or persons to examine the complaint, gather information about the circumstances and then determine whether or not there was a violation of Title III of the Help American Vote Act of 2002 [52 U.S.C. § 21081 et seq.].

(g) If the person handling the complaint determines that a violation has occurred, that person shall recommend a suitable remedy to the State Election Commissioner. The Commissioner may accept, reject or modify any proposed remedy.

(h) If the person handling the complaint determines that a violation did not occur, the complaint shall be dismissed.

(i) The State Election Commissioner shall publish the results of the resolution of each complaint as the Commissioner sees fit.

(j) A final determination shall be made on each complaint as quickly as possible, but no later than 90 days following the date that the complaint was filed unless the complainant consents to a longer period for resolving the complaint.

(k) If the complaint is not resolved within 90 days and the complainant has not agreed to a longer period, the State Election Commissioner shall take such steps as necessary to resolve the complaint within the next 60 days. The original complaint and all information developed in the previous attempt or attempts to resolve the issue or issues shall be made available to the person or persons subsequently charged with resolving the complaint.

(l ) The State Election Commissioner shall develop a system for tracking complaints alleging Title III of the Help America Vote Act of 2002 [52 U.S.C. § 21081 et seq.] violations.

74 Del. Laws, c. 168, § 5; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 227, § 2; 79 Del. Laws, c. 275, § 81.;