N.Y. Election Law § 3-105: Administrative complaint procedure

§ 3-105. Administrative complaint procedure. 1. The state board of

elections shall establish and maintain a uniform, nondiscriminatory

administrative complaint procedure pursuant to which any person who

believes that there is a violation (including a violation which has

occurred or is occurring or is about to occur) of any provision of title

three of the federal Help America Vote Act of 2002 (HAVA), may file a

complaint.

2. Initially, any such complaint may be made orally, in person or by

telephone, or in writing. Such complaints may be made to the state board

of elections or with any local board of elections. A toll-free number

shall be made available therefor for telephone calls to the state board

of elections. Complaints shall be addressed by election officials

expediently and informally whenever possible.

3. All formal complaints shall be filed with the state board of

elections. All formal complaints shall be written, signed and sworn by

the complainant. The complainant shall use a complaint form promulgated

by the state board of elections. The state board of elections or a local

board of elections shall assist any person with a disability who

requests assistance to file a complaint. Complaints raising similar

questions of law and/or fact may be consolidated by the state board of

elections.

4. Upon the written request of the complainant, there shall be a

hearing on the record, unless prior to the hearing, the state board of

elections, in accordance with subdivision four of section 3-100 of this

article, sustains the formal complaint as being uncontested. Any party

to the hearing may purchase a transcript of such hearing.

5. The evidentiary standard applied to all formal complaints shall be

a preponderance of the evidence.

6. Hearings shall be conducted by a panel of two commissioners of the

state board of elections of opposite parties or senior staff members of

opposite parties as selected by the commissioners of that party. If the

panel does not agree to sustain the complaint, the formal complaint

shall be deemed dismissed and shall constitute the determination of the

panel.

7. The determination of the hearing panel will be final unless changed

by the state board of elections pursuant to subdivision four of section

3-100 of this article, within ninety days of the filing of the formal

complaint. A final determination shall be filed and published by the

state board of elections within ninety days after the filing of the

formal complaint, unless the complainant agrees to a longer period of

time. When a violation has been found, the final determination shall

include an appropriate remedy for any violation of Title III of the Help

America Vote Act of 2002 (HAVA) found by the state board of elections. A

final determination dismissing a formal complaint may be filed by any

one member of the hearing panel.

8. Whenever a final determination of a formal complaint is not made

within ninety days, or any other longer agreed upon time period, the

state board of elections shall refer the formal complaint to an

independent, alternative dispute resolution agency. Such hearings and

determinations shall be conducted by the alternative dispute resolution

agency pursuant to regulations promulgated by the state board of

elections pursuant to subdivision four of section 3-100 of this article.

Such agency shall have sixty days, from the expiration of the original

ninety day time period, or any other longer agreed upon time period, to

make a final determination. The state board of elections shall contract,

pursuant to subdivision four of section 3-100 of this article with one

or more such alternative dispute resolution entities for this specific

purpose.

9. No provision of this section shall be construed to impair or

supersede the right of an aggrieved party to seek a judicial remedy

including a judicial remedy concerning any final determination made

pursuant to subdivision eight of this section. The state board of

elections shall provide notice to all complainants of the provisions of

this subdivision.