Iowa Administrative Code
Agency 721 - Secretary of State
Division II - Elections
Chapter 25 - Election Administration-administrative Complaint Procedure
Rule 721-25.1 - General Provisions
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Scope of jurisdiction. The administrative complaint procedure set forth in this chapter is established to comply with Title IV, Section 402, of the Help America Vote Act of 2002, Public Law 107-252, 42 U.S.C. 15512. The procedure is available to any person who believes that a violation of any provision of Title III of the Help America Vote Act of 2002, Public Law 107-252, 42 U.S.C. 15481 - 15485, has occurred, is occurring, or is about to occur in connection with a federal election.
(2) Timely resolution. A final determination with respect to a complaint shall be issued within 90 days of the date the complaint is filed with the state commissioner of elections, unless the complainant consents to a longer period for making such determination. If a determination is not issued within this 90-day period and the complainant does not agree to allow a longer period for making the determination, the complaint shall be resolved within 60 days pursuant to the alternate dispute resolution procedure established in rule 721-25.34(17A).
(3) Definitions. For purposes of this chapter, the following terms shall have the following meanings:
"Complainant" means the person who files a complaint under this chapter.
"Federal election " means a primary or general election at which a federal office appears on the ballot.
"Party" means the complainant, respondent, and any other person or persons allowed by the presiding officer to intervene in pending complaint proceedings.
"Presiding officer" means the state commissioner of elections or an alternate decision maker designated pursuant to rule 721-25.7 (17A,39A,47).
"Respondent" means any state or local election official whose actions are asserted, in a complaint under this chapter, to be in violation of Title III.
"State or local election official" means the state commissioner of elections, any county commissioner of elections, or any person employed or appointed by either the state commissioner of elections or a county commissioner of elections whose responsibilities include or directly relate to the administration of any federal election.
"Title III" means Title III of the Help America Vote Act of 2002, Public Law 107-252, codified at 42 United States Code 15481 - 15485.
