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33.01.05.00.htm 33.01.05.00. Title 33 STATE BOARD OF ELECTIONS Subtitle 01 DEFINITIONS; GENERAL PROVISIONS Chapter 05 Administrative Complaint Procedure Authority: Election Law Article, §2-102(b)4) 2-202(b) 3-602, and 11-305, Annotated Code of Maryland; 42 U.S.C.15512(a)
33.01.05.01.htm 33.01.05.01. 01 Purpose.. A. The purpose of this chapter is to provide a uniform, nondiscriminatory procedure for the resolution of any complaint:1) Alleging a violation of any provision of Title III of the Help America Vote Act of 2002;. 2) Alleging a violation of any provision of the Election Law Article, Annotated Code of Maryland, relating to provisional ballots; or3) Brought by an individual who feels aggrieved by an action of a local board regarding voter registration.
33.01.05.02.htm 33.01.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Complainant" means the person who files a complaint with the State Board under this chapter.. 2) "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 of the Help America Vote Act of 2002.3) "Title III" means Title III of the Help America Vote Act of 2002, Public
33.01.05.03.htm 33.01.05.03. 03 Who May File.. Any person who believes that there is a violation of any provision of Title III or any provision of the Election Law Article, Annotated Code of Maryland, related to provisional ballots or who feels aggrieved by an action of a local board regarding voter registration may file a complaint.
33.01.05.04.htm 33.01.05.04. 04 Form of Complaint.. A. Writing and Notarization. A complaint shall be in writing, signed and sworn by the complainant, and notarized.B. Prescribed or Other Form. The complainant may use:. 1) The form prescribed by the State Board, which is available from the State Board or from any local board of elections, or which may be downloaded from the State Board website; or2) Any other form satisfying the requirements of §A of this regulation..
33.01.05.05.htm 33.01.05.05. 05 Place and Time for Filing; Copy for Respondent.. A. Place for Filing. A complaint shall be filed with the State Board.. B. Time for Filing. A complaint shall be filed:. 1) Within 60 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; or2) If later, within 60 days after the complainant knew or, with the exercis
33.01.05.06.htm 33.01.05.06. 06 Complaint ― Consolidation, Record, Hearing, and Determination.. A. Consolidation. The State Board may consolidate complaints if they:. 1) Relate to the same actions or events; or. 2) Raise common questions of law or fact.. B. Record.. 1) The State Board shall compile and maintain an official record in connection with each complaint under this chapter.2) The official record shall contain:.
33.01.05.07.htm 33.01.05.07. 07 Complaint ― Alternate Dispute Resolution.. A. If, for any reason, the State Administrator or the State Administrator's designee does not render a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint shall be resolved under this regulation.B. Selection of Arbitrators.. 1) On or before the 5th business day after a final State Board determination is due, the State Board shall designate in writi
33.01.05.08.htm 33.01.05.08. 08 Appeal.. A. Except as provided in §B of this regulation, the final determination of the State Board under Regulation .06D of this chapter, or the final resolution of an arbitration panel under Regulation .07D of this chapter, may not be appealed in any State or federal court.B. A final determination of the State Board or a final resolution of an arbitration panel regarding the eligibility of an individual to register to vote is subject to judicial review, as provided by E
33.01.05.9999.htm 33.01.05.9999. Administrative History Effective date:. Regulations .01―08 adopted as an emergency provision effective April 16, 2003 (30:9 Md. R. 613) adopted permanently effective July 21, 2003 (30:14 Md. R. 938)Regulation .01 amended effective January 16, 2006 (33:1 Md. R. 41). Regulation .03 amended effective January 16, 2006 (33:1 Md. R. 41). Regulation .06C, D amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2073) emergency status expired January 20, 2009; amended
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