52 U.S.C. § 21112 — Establishment of State-based administrative complaint procedures to remedy grievances
submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 498 words · no verdicts yet
States that get federal election funding must set up uniform, nondiscriminatory complaint procedures for people who believe an election law was violated. Complaints must be written, notarized, and decided within 90 days, with unresolved complaints going to alternative dispute resolution. States that don't take federal funding must still certify compliance or submit a compliance plan to the Attorney General.
(a) Establishment of State*-based administrative complaint procedures to remedy grievances: (1) Establishment of procedures as condition of receiving funds: If a state gets any payment under a program in this chapter, it must set up and keep state complaint procedures that meet the rules in paragraph (2). (2) Requirements for procedures: (A) The procedures must be uniform and nondiscriminatory. (B) Anyone who believes there's been, is, or is about to be a violation of subchapter III can file a complaint. (C) Complaints must be written, notarized, and signed under oath by the person filing. (D) The state may combine multiple complaints together. (E) If the person filing asks for it, there must be a hearing on the record. (F) If the state finds a subchapter III violation, it must provide the right remedy. (G) If the state finds no violation, it must dismiss the complaint and publish the results. (H) The state must make a final decision within 90 days of the complaint being filed, unless the person filing agrees to a longer time. (I) If the state misses that 90-day deadline, the complaint must be resolved within 60 more days through alternative dispute resolution procedures. The record from the original complaint process must be made available for that alternative process.
(b) Requiring Attorney General approval of compliance plan for States not receiving funds: (1) In general: By January 1, 2004, each state that isn't receiving funds under this chapter must either certify to the Commission that it meets the subsection (a) requirements the same way a funded state would, or submit a compliance plan to the Attorney General explaining how it will meet subchapter III's requirements. (2) States without approved plan deemed out of compliance: A nonparticipating state -- other than one that certifies compliance under (1)(A) -- is treated as not meeting subchapter III's requirements unless the Attorney General approves its compliance plan. (3) Nonparticipating State defined: A "nonparticipating state" is one that, during 2003, never told the office responsible for payments that it intended to participate in and receive funds under a program in this chapter.
If a State receives any payment under a program under this chapter, the State shall be required to establish and maintain State-based administrative complaint procedures which meet the requirements of paragraph (2).
The requirements of this paragraph are as follows:
The procedures shall be uniform and nondiscriminatory.
Under the procedures, any person who believes that there is a violation of any provision of subchapter III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint.
Any complaint filed under the procedures shall be in writing and notarized, and signed and sworn by the person filing the complaint.
The State may consolidate complaints filed under subparagraph (B).
At the request of the complainant, there shall be a hearing on the record.
If, under the procedures, the State determines that there is a violation of any provision of subchapter III, the State shall provide the appropriate remedy.
If, under the procedures, the State determines that there is no violation, the State shall dismiss the complaint and publish the results of the procedures.
The State shall make a final determination with respect to a complaint prior to the expiration of the 90-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination.
If the State fails to meet the deadline applicable under subparagraph (H), the complaint shall be resolved within 60 days under alternative dispute resolution procedures established for purposes of this section. The record and other materials from any proceedings conducted under the complaint procedures established under this section shall be made available for use under the alternative dispute resolution procedures.
Not later than January 1, 2004, each nonparticipating State shall elect—
to certify to the Commission that the State meets the requirements of subsection (a) in the same manner as a State receiving a payment under this chapter; or
to submit a compliance plan to the Attorney General which provides detailed information on the steps the State will take to ensure that it meets the requirements of subchapter III.
A nonparticipating State (other than a State which makes the election described in paragraph (1)(A)) shall be deemed to not meet the requirements of subchapter III if the Attorney General has not approved a compliance plan submitted by the State under this subsection.
In this section, a “nonparticipating State” is a State which, during 2003, does not notify any office which is responsible for making payments to States under any program under this chapter of its intent to participate in, and receive funds under, the program.
Source credit: (Pub. L. 107–252, title IV, § 402, Oct. 29, 2002, 116 Stat. 1715.)
- 2002Enacted · Pub. L. 107-252 · 116 Stat. 1715
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-252 on 2002-10-29.
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