Election Integrity Administrative Complaint and Appeal Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 23, 2026

Task Forces

  • Process and Procedures

    • Tags

  • 2026 Annual Meeting

    • Summary

    This model policy establishes a uniform, nondiscriminatory, and accessible state-based administrative complaint procedure consistent with Section 402 of the Help America Vote Act of 2002. It also provides a clear path for citizens to seek remedies and judicial review for alleged violations of Title III of HAVA and state election laws.
    Draft

    Election Integrity Administrative Complaint and Appeal Act

    Section 1: Short Title.  

    This Act may be cited as the “Election Integrity Administrative Complaint and Appeal Act.”  

    Section 2: Purpose.  

    The purpose of this Act is to establish a uniform, nondiscriminatory, and accessible state-based administrative complaint procedure that fulfills the requirements of Section 402 of the Help America Vote Act of 2002 (52 U.S.C. § 21112) and allows citizens to seek timely remedies for alleged violations of Title III of HAVA and state election laws.  

    Section 3: Definitions. 
    As used in this Act:  

    • (A) “Complainant” means any person who believes a violation has occurred, is occurring, or is about to occur.  
    • (B) “Respondent” means any state or local election official, election authority, or other person or entity whose action or inaction is alleged to violate Title III of HAVA or state election law.  
    • (C) “Title III of HAVA” means 52 U.S.C. §§ 21081–21085.  
    • (D) “State election code” means all provisions of [State Code Title/Chapter] governing elections and related procedures.  

    Section 4: Who May File; Scope.  

    • (A) Any person who believes that there is a violation of:  
      1. any provision of Title III of HAVA, including a violation that has occurred, is occurring, or is about to occur; or  
      2. any provision of the state election code, may file a complaint under this Act.  
    • (B) No showing of taxpayer standing or special injury is required to file an administrative complaint under this Act.  

    Section 5: Filing A Complaint.  

    • (A) A complaint shall:  
      1. be in writing;  
      2. be signed and sworn to (or affirmed) under oath by the complainant;  
      3. be notarized; and  
      4. be filed with the [designated state election authority].  
    • (B) The complaint shall include:  
      1. the complainant’s name and contact information;  
      2. a clear description of the alleged violation, including reference to the HAVA or state provision alleged to be violated, if known;  
      3. the name of any respondent, if known; and  
      4. the facts supporting the allegation and any supporting documentation reasonably available.  
    • (C) A complaint shall be filed no later than one (1) year after the alleged violation or the election giving rise to the complaint, whichever is later.  

    Section 6: Administrative Process.  

    • (A) Upon receipt, the [state authority] shall:  
      1. assign a docket number;  
      2. promptly notify the complainant; and  
      3. send the complaint to each respondent and allow thirty (30) days for a written response.  
    • (B) The [state authority] shall attempt informal resolution when practicable.  
    • (C) If not resolved informally, the [state authority] shall conduct a hearing on the record within sixty (60) days of filing, or as soon as practicable in light of election deadlines. The hearing shall be open to the public and allow presentation of evidence, witnesses, and representation by counsel.  
    • (D) The [state authority] shall issue a written decision within thirty (30) days after the hearing, stating findings of fact, conclusions of law, and any remedy ordered, and shall post the decision on its public website.  

    Section 7: Remedies. 
    The [state authority] may order appropriate relief to remedy a violation and prevent recurrence, including but not limited to: correction of voter rolls, reprocessing of ballots, training of election officials, and modification of procedures.  

    Section 8: Judicial Appeal (De Novo).  

    • (A) Any party aggrieved by the final administrative decision may appeal to the [appropriate court] within thirty (30) days after entry of the decision.  
    • (B) The appeal shall be heard de novo; the court may receive additional evidence and is not bound by the administrative findings.  
    • (C) The court shall expedite the appeal and may award reasonable attorney’s fees and costs to the prevailing party if it finds the opposing party acted unreasonably or in bad faith.  

    Section 9: Rulemaking And Effective Date.  

    • (A) The [state election authority] shall adopt rules and forms necessary to implement this Act and make complaint forms available online and in accessible formats.  
    • (B) This Act shall take effect [upon passage / January 1 of the following year] and apply to complaints and appeals filed on or after that date.