1 Miss. Code. R. 10-2.5

Current through December 10, 2024

Rule 1-10-2.5 - Processing of Complaint

The Secretary of State or his designee may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact. The Secretary of State or his designee shall notify all interested parties if two or more complaints have been consolidated.

The Secretary of State or his designee shall compile and maintain an official record in connection with each complaint filed pursuant to this rule. The official record shall contain:

1. A copy of the complaint, including any amendments made to it with the permission of the Secretary of State or his designee;

2. A copy of any written submission by the Complainant;

3. A copy of any written response by the Respondent or other interested person;

4. A written report of any inquiry conducted by employees of the Secretary of State's Office or of any other state or local election officials who may not be directly involved in the actions or events complained of and may not directly supervise or be directly supervised by any Respondent;

5. Copies of all notices and correspondence to or from the Secretary of State or his designee in connection with the handling of the complaint;

6. Originals or copies of any tangible evidence produced at any hearing conducted under this rule;

7. The original tape recording produced at any hearing conducted under this rule; and

8. A copy of any final determination made under this rule.

The Secretary of State or his designee will review each complaint filed to determine whether the complaint: (a) states a violation of Subchapter III of HAVA; and (b) complies with the other requirements of this rule.

If a complaint fails to state a violation of Subchapter III of HAVA or does not comply with other requirements of this rule, then the Secretary of State or his designee shall dismiss the complaint without further action and notice of the dismissal will be provided to the complainant.

Except as otherwise provided in this rule, a complainant whose complaint has been dismissed pursuant to this section may re-file the complaint within the time set forth in Rule 2.4.

A complainant whose complaint has been dismissed for failure to state a violation of Subchapter III of HAVA may re-file the complaint only one time.

The Secretary of State or his designee may, upon agreement of all the parties, resolve the complaint informally, and issue a final determination, without a formal proceeding.

The Secretary of State or his designee may require the parties to submit written briefs on any of the issues involved in the complaint.

1 Miss. Code. R. 10-2.5

Miss. Code Ann. § 23-15-169; 52 U.S.C. § 21112.

Amended 6/10/2018