Rhode Island Code of Regulations
Title 410 - Board of Elections
Chapter 20 - Elections
Subchapter 00 - N/A
Part 3 - Administrative Complaint Procedure (410-RICR-20-00-3)
Section 410-RICR-20-00-3.5 - Filing of Complaints
Universal Citation: 410 RI Code of Rules 20 00 3.5
Current through September 18, 2024
A. Any person who believes that there has been a violation of any provision of Title III (that either has occurred, is occurring, or is about to occur), by any state or local election official may file a complaint with the Board in which the alleged violation occurred, as provided under these regulations. All complaints must:
1. Be in writing, sworn to under oath and
under penalty of perjury, signed by the complainant, and notarized on a form
provided by the Board or on any other paper or form that complies with each of
the requirements of these regulations. Complainants shall receive instructions
as to the complaint process and their rights to a hearing.
2. Include the full name, telephone number,
and mailing address of the complainant.
3. Include a description of the alleged
violation of Title III sufficient to apprise the Board and respondent of the
nature and specifics of the complaint.
4. If a hearing on the record is requested,
the complainant must so state.
5.
The completed and verified complaint shall be filed with the Board and shall
certify that a copy of the complaint was provided via U.S. mail to each
respondent. Respondents shall be provided the same information given
complainants in §
3.5(A)(1) of
this Part above.
6. Each respondent
shall provide a written response within seven (7) days of receipt of the
complaint, unless the parties agree on a longer time. The written response of
each respondent shall be filed and served as provided by herein for complaints.
Each respondent shall also have the right to request in writing that a hearing
be held.
7. A complaint shall be
filed within 90 days after the occurrence of the actions or events that form
the basis for the complaint, including the actions or events that form the
basis for the complainant's belief that a violation is about to occur, or, if
later, within 90 days after the complainant knew, or with the exercise of
reasonable diligence, should have known of those actions or events.
8. A complaint shall be deemed to have been
filed on the day that the original signed and notarized document is actually
received and filed with the Board.
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