What happens if I file a Title III (HAVA) complaint?

  • Complaints must be filed on a Title III HAVA complaint form.  Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
     
  • All complaints must be in writing, notarized, signed, and sworn to by the complainant.  The complaint may be filed with either the Coordinator of Elections or the local county election office.
     
  • Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
     
  • A complainant may request a hearing on the record.
     
  • The Coordinator of Elections or designee will gather information which may include written responses from the parties.  Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
     
  • If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
     
  • If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
     
  • A final determination must be made within 90 days of the complaint being filed.  Only the complainant may agree to extend this period of time.
     
  • If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution.  All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.