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§ 3046.2. Title III complaints

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: December 9, 2003

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article XII. Preparation for and Conduct of Primaries and Elections
Effective: December 9, 2003
25 P.S. § 3046.2
§ 3046.2. Title III complaints
Currentness
(a)1 The Department of State shall establish within the Bureau of Commissions, Elections and Legislation a procedure for the review of complaints regarding the administration of Title III of the Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. § 15301 et seq.).2 The Department of State shall provide a complaint form which shall require the signature of the complainant, an affidavit and notarization and the attachment of any supporting documentation.
(b) Where a complaint pertains to a local or county employe or official, the following procedure shall apply:
(1) The Department of State shall provide the county board of elections with a copy of the complaint within three business days of receipt.
(2) The county board of elections shall have twenty days to either reach an agreement with the complainant or file a written response to the complaint.
(3) The Department of State shall provide the complainant with a copy of the response and an opportunity for an informal hearing.
(4) Where an informal hearing is requested, the county board of elections shall be given notice and the opportunity to participate.
(5) The Department of State shall issue a final determination and remedial plan if necessary no later than ninety days after the filing of the complaint. If the Department of State fails to issue the determination within ninety days, it shall provide alternative dispute resolution for the disposition of the complaint. The alternative process shall be completed within sixty days of its commencement.
(c) Where a complaint pertains to the Department of State the following procedure shall apply:
(1) The Department of State shall forward the complaint to the Office of General Counsel within three business days of receipt.
(2) The Department of State shall have twenty days to either reach an agreement with the complainant or file a written response to the complaint.
(3) The Office of General Counsel shall provide the complainant with a copy of the response and an opportunity for an informal hearing.
(4) Where an informal hearing is requested, the Department of State shall be given notice and an opportunity to participate.
(5) The Office of General Counsel shall issue a final determination and remedial plan if necessary no later than ninety days after the filing of the complaint. If the Office of General Counsel fails to issue the determination within ninety days, it shall provide alternative dispute resolution for the disposition of the complaint. The alternative process shall be completed within sixty days of its commencement.
(d) Proceedings under this section shall not be considered an administrative adjudication under 2 Pa.C.S Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A3 (relating to judicial review of Commonwealth agency action), known as the Administrative Agency Law.
(e) A determination made pursuant to subsection (b) shall not be an agency determination subject to appellate review pursuant to 42 Pa.C.S. § 763 (relating to direct appeals from government agencies). Either party may initiate a de novo appeal from the department's final order in the court of common pleas of the county where the election board is located.
(f) A determination made pursuant to subsection (c) shall be an agency determination subject to appellate review pursuant to 42 Pa.C.s. § 763.

Credits

1937, June 3, P.L. 1333, No. 320, art. XII, § 1206.2, added 2002, Dec. 9, P.L. 1246, No. 150, § 11, effective in 1 year.

Footnotes

1
Subsec. (a) designation does not appear in the enrolled bill and has been editorially supplied.
2
Transferred; see now, 52 U.S.C.A. § 20901 et seq.
3
2 Pa.C.S.A. §§ 501 et seq., 701 et seq.
25 P.S. § 3046.2, PA ST 25 P.S. § 3046.2
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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