§ 3-105. Administrative complaint procedure. 1. The state board of
elections shall establish and maintain a uniform, nondiscriminatory
administrative complaint procedure pursuant to which any person who
believes that there is a violation (including a violation which has
occurred or is occurring or is about to occur) of any provision of title
three of the federal Help America Vote Act of 2002 (HAVA), may file a
complaint.

2. Initially, any such complaint may be made orally, in person or by
telephone, or in writing. Such complaints may be made to the state board
of elections or with any local board of elections. A toll-free number
shall be made available therefor for telephone calls to the state board
of elections. Complaints shall be addressed by election officials
expediently and informally whenever possible.

3. All formal complaints shall be filed with the state board of
elections. All formal complaints shall be written, signed and sworn by
the complainant. The complainant shall use a complaint form promulgated
by the state board of elections. The state board of elections or a local
board of elections shall assist any person with a disability who
requests assistance to file a complaint. Complaints raising similar
questions of law and/or fact may be consolidated by the state board of
elections.

4. Upon the written request of the complainant, there shall be a
hearing on the record, unless prior to the hearing, the state board of
elections, in accordance with subdivision four of section 3-100 of this
article, sustains the formal complaint as being uncontested. Any party
to the hearing may purchase a transcript of such hearing.

5. The evidentiary standard applied to all formal complaints shall be
a preponderance of the evidence.

6. Hearings shall be conducted by a panel of two commissioners of the
state board of elections of opposite parties or senior staff members of
opposite parties as selected by the commissioners of that party. If the
panel does not agree to sustain the complaint, the formal complaint
shall be deemed dismissed and shall constitute the determination of the
panel.

7. The determination of the hearing panel will be final unless changed
by the state board of elections pursuant to subdivision four of section
3-100 of this article, within ninety days of the filing of the formal
complaint. A final determination shall be filed and published by the
state board of elections within ninety days after the filing of the
formal complaint, unless the complainant agrees to a longer period of
time. When a violation has been found, the final determination shall
include an appropriate remedy for any violation of Title III of the Help
America Vote Act of 2002 (HAVA) found by the state board of elections. A
final determination dismissing a formal complaint may be filed by any
one member of the hearing panel.

8. Whenever a final determination of a formal complaint is not made
within ninety days, or any other longer agreed upon time period, the
state board of elections shall refer the formal complaint to an
independent, alternative dispute resolution agency. Such hearings and
determinations shall be conducted by the alternative dispute resolution
agency pursuant to regulations promulgated by the state board of
elections pursuant to subdivision four of section 3-100 of this article.
Such agency shall have sixty days, from the expiration of the original
ninety day time period, or any other longer agreed upon time period, to
make a final determination. The state board of elections shall contract,
pursuant to subdivision four of section 3-100 of this article with one
or more such alternative dispute resolution entities for this specific
purpose.

9. No provision of this section shall be construed to impair or
supersede the right of an aggrieved party to seek a judicial remedy
including a judicial remedy concerning any final determination made
pursuant to subdivision eight of this section. The state board of
elections shall provide notice to all complainants of the provisions of
this subdivision.