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.
Does my complaint qualify as a Title III HAVA complaint?
Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure. This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.
A violation of Title III would include issues dealing with the following HAVA sections:
voting system standards
provisional voting
voter information requirements
statewide voter registration database and
accessibility for persons with disabilities
If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.
How do I get the books?
All special library materials--books, magazines and playback equipment--are circulated through the mail postage free. Patrons must borrow books each year to remain eligible for the service.
How do I start the service?
You must first complete an application for service and send it to the Tennessee library. All states provide the service for their residents.
How do I know what titles are available?
Bimonthly magazines will tell you about newly released books and related library services: Talking Book Topics and Braille Book Review. You may also order general catalogs. You can always call the library to ask about authors and titles. The National Library Service catalog is searchable online.
Where do I send the Title III (HAVA) complaint form?
Special playback equipment is loaned to patrons who use the library service. Books and magazines in the TLABM collection are recorded at a slower speed than conventional recordings and the books require special players. Players are mailed to patrons postage free. The library repairs and replaces equipment as necessary. For patrons who wish to purchase their own equipment, a vendor list is available.
What is provided?
The library service loans recorded, large print and braille books and magazines, music scores in large print and braille and special playback equipment. The TLABM book collection of over 50,000 titles includes popular fiction and nonfiction, best sellers, classics, history, biographies, religious literature, children's books and books in foreign language. There are over 70 popular magazines available. Go to Available Materials to find out more.
May a Professional Solicitor sell tickets to a fundraising event for a charity?
Yes, however, in the case of events to which tickets are being donated to a charitable organization, the professional solicitor is responsible for attaining a written commitment from the charitable organization stating that they will accept donated tickets and specifying the number of tickets they are willing to accept. No more contributions for donated tickets that will be accepted may be solicited by the professional solicitor.
What is a professional solicitor?
"Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through such person's agents, servants or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. Any independent marketing agent or entity to whom a professional solicitor assigns fundraising or solicitation responsibilities shall be deemed to be a professional solicitor for purposes of this part. A salaried officer or permanent employee of a charitable organization is not deemed to be a professional solicitor. However, any salaried officer or employee of a charitable organization that engages in the solicitation of contributions for compensation in any manner for more than one (1) charitable organization is deemed a professional solicitor. A professional solicitor does not include an attorney, investment counselor, or banker who in the conduct of such person's profession advises a client. See T.C.A. §48-101-501(7).
Is a Professional Solicitor required to make any disclosures when soliciting?
Yes, a professional solicitor shall, prior to orally requesting a contribution and at the same time a written request for a contribution is made, clearly and conspicuously disclose at the point of solicitation the solicitor’s name as on file with the Division of Charitable Solicitation and Gaming and that the solicitation is being conducted by a “paid solicitor”. In the case of a solicitation campaign conducted orally, professional solicitors are required to send written confirmation to each person who has contributed or pledged to contribute within five (5) days after that person has been solicited. The written confirmation shall include the above disclosure.
What is a commercial co-venturer?
A commercial co-venturer is any person who is organized for profit; is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes; and conducts an advertised charitable sales promotion for a specific limited period of time. The charitable organization being promoted by the co-venturer must be duly registered or be exempt from registration with the Division of Charitable Solicitations. Commercial co-venturers are required to have a written agreement with the charitable organization on whose behalf the sales promotion is to be conducted. Such co-venturers are also required to keep all records in connection with the charitable sales promotion for no less than three (3) years after the end date of the promotion.
What is a professional fundraising counsel?
"Professional fundraising counsel" means any person who, for compensation, plans, manages, advises, consults, or prepares material for a charitable organization for the solicitation of contributions in this state, but who does not solicit contributions and does not employ, procure, or engage any person to solicit contributions on behalf of a charitable organization. "Professional fundraising counsel" does not include an attorney, investment counselor, bona fide salaried officer, employee, volunteer, or banker who in the conduct of such person's profession advises a client. See T.C.A. §48-101-501(6).