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200.04 HELP AMERICA VOTE ACT COMPLAINTS.
    Subdivision 1. Procedure. The secretary of state shall establish 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, including complaints about voting system standards, computerized statewide
registration lists and equipment, voter registration requirements, and other features of state
implementation of that act. The secretary of state shall provide a complaint form that requires the
signature of the complainant, an affidavit and notarization, and the attachment of any supporting
documentation. The form must indicate that any election judge, while serving, is deemed a notary
public for purposes of Public Law 107-252, section 402.
    Subd. 2. Political subdivisions. (a) The procedure in this subdivision applies if a complaint
under subdivision 1 pertains to a town, city, school, or county employee or official.
(b) The secretary of state must provide the town clerk, city clerk, school district clerk, or
county auditor with a copy of the complaint within three business days of receiving it.
(c) The town clerk, city clerk, school district clerk, or county auditor has 20 days to either
reach an agreement with the complainant or file a written response to the complaint with the
secretary of state.
(d) The secretary of state shall provide the complainant with a copy of the response and
an opportunity for a hearing on the record.
(e) If a hearing on the record is requested, the town clerk, city clerk, school district clerk, or
county auditor must be given notice and the opportunity to participate.
(f) The secretary of state shall issue a final determination, and, if necessary, a remedial
plan, no later than 90 days after the filing of the complaint. If the secretary of state fails to
issue the determination within 90 days, the secretary of state must provide alternative dispute
resolution for the disposition of the complaint. That process must be completed within 60 days of
its commencement.
    Subd. 3. Secretary of state. (a) The procedure in this subdivision applies if a complaint
under subdivision 1 pertains to the secretary of state.
(b) The secretary of state must forward the complaint to the Office of Administrative
Hearings within three business days after receiving it.
(c) The secretary of state has 20 days to either reach an agreement with the complainant or
file a written response to the complaint with the Office of Administrative Hearings.
(d) The Office of Administrative Hearings must provide the complainant with a copy of the
response and an opportunity for a hearing on the record.
(e) If a hearing on the record is requested, the secretary of state must be given notice and an
opportunity to participate.
(f) The Office of Administrative Hearings must issue a final determination and remedial plan
if necessary no later than 90 days after the filing of the complaint. If the Office of Administrative
Hearings fails to issue the determination within 90 days, it must provide alternative dispute
resolution for the disposition of the complaint. That process must be completed within 60 days of
its commencement.
    Subd. 4. Application of chapter 14. Proceedings under this section are not subject to
chapter 14.
    Subd. 5. Appeal. A determination made under subdivision 2 is not an agency determination
subject to appellate review. Either party may initiate an appeal from the secretary of state's final
order in the district court in the county where the town, city, or county employee or official is
employed.
    Subd. 6. Review. A determination made under subdivision 3 is subject to appellate review.
History: 1Sp2003 c 7 s 2