4. "Help America Vote Act" - Laserfiche WebLink

iii. iv, voting systems will be posted in conjunction with new voting system implementation in each county. How Criteria is Judged: Success of meeting this performance goal is based on the posting of the required information and its availability in accessible, alternative formats in each polling location in the state. Responsible Official: Secretary of State with the cooperation of county election officials. The secretary of state shall establish a uniform state-based administrative complaint procedure to remedy grievances according to section 402 of the Help America Vote Act of 2002 (HAVA) [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15512]. The complaint procedure must be uniform and nondiscriminatory and address complaints of violations of any provision of title III of HAVA, including a violation that has occurred, is occurring, or is about to occur. A complaint filed under the complaint procedure must be in writing, notarized, and be signed and sworn by the person filing the complaint and state the alleged violation of federal or state law. ']'he secretary of state is authorized to consolidate complaints. At the request of a complainant, the secretary of state shall establish a procedure for providing a review on the record. If the secretary of state determines there is a violation of a provision of title III of HAVA [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 15481-15502], the secretary of state shall determine and provide an appropriate remedy. If the secretary of state determines that a violation of title Ill of HAVA has not occurred, the secretary of state shall dismiss the complaint and publish the results of the review. The secretary of state shall make a final determination with respect to a complaint within ninety days of the date the complaint is filed with the secretary of state, unless the complainant consents to a longer period of time for the secretary of state to make a determination. If the secretary of state fails to meet the ninety-day deadline for determining a complaint, the complaint must be resolved within sixty days under an alternative dispute resolution procedure. [Senate Bill 2409] Williams County, the only county using a punch-card voting system, will be used as a model pilot program in upgrading voting systems to the requirements of HAVA and state law, precinct administration, and training for election officials and voters. Through the course of implementing HAVA in North Dakota, it is the goal of the Secretary of State and county election officials to bring uniformity to the voting process in the state and to ensure all individuals have access to the election process. To ensure uniformity, each polling location in North Dakota will be equipped with a voting system comprised of up to two optical scanners, depending upon need, capable of notifying the voter if corrections are necessary to his or her ballot (known as second-chance voting), and at least one Proposed North Dakota State tlAVA Plan - l;5)r Pt~hlic Reviews, Page 13 of 21