Current through 2024-51, December 18, 2024
Section 250-510-4 - Processing of complaints1. Tracking system. Upon receipt of a complaint, the Secretary of State's office shall immediately assign a tracking number to the complaint; and may consolidate any complaints that arise out of the same actions or events, raise common questions of law or fact, or involve the same respondents.2. Notification to complainant of incomplete filing. If the complaint form is not properly completed or lacks the information necessary to process the complaint, the Secretary of State's office shall notify the complainant that he/she must submit a corrected or completed complaint in order for it to be accepted for filing.3. Complaint accepted for filing. Upon receipt of a completed or corrected complaint, the Secretary of State's Office shall accept the complaint for filing.4. Notification to complainant. The Secretary of State's office shall notify the complainant of the tracking number assigned to the complaint, and the date upon which the complaint was accepted for filing.5. Notice to respondent and response. The Secretary of State's office shall send a copy of a complaint that is accepted for filing to the respondent named or referred to in the complaint. The respondent must submit a written response to the Secretary of State's office and the complainant within 10 business days after receipt of the Secretary of State's notice.6. Preliminary review and dismissal of complaint. Any complaint that is not timely filed or does not allege a violation of Title III of HAVA that has occurred, is occurring or is about to occur with regard to a federal election may be dismissed by the Secretary of State in a written determination. Prior to any dismissal, however, the complainant and respondent shall be notified, and if the complainant has requested a hearing on the complaint, the complainant shall have an opportunity to be heard on the proposed dismissal. Such a hearing is not an evidentiary hearing and may be held by telephone, provided it is electronically recorded.29- 250 C.M.R. ch. 510, § 4