N.J. Admin. Code § 15:10-1.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 15:10-1.9 - Voter registration complaint procedure

(a) Anyone who believes that he or she has been denied the opportunity to register to vote or remain a registered voter by a voter registration agency, or that someone has interfered with their rights to register or decline to register to vote, or choose a political party preference may file a written complaint with the Secretary of State as provided for in 19:31-6.1 1b(5) and 19:31-29. A written complaint may also be filed pursuant to the HAVA Administrative Grievance Procedure which is fully set forth in 19:61-6.

(b) A notice of violation must be in writing, signed and dated by the person reporting a violation and/or seeking relief and certified by the complainant's signature. The notice must include as many of the particulars relative to the violation as the person can recount, the date of the occurrence, and what relief, if any, the person is seeking. The person shall also include his or her name and address, legibly written, in order that an acknowledgment of receipt be properly directed.

(c) The Secretary of State shall prepare a written acknowledgment of complainants notice within five days of receipt.

(d) If a notice of violation is filed with the Secretary of State within 30 days of the occurrence, the Secretary of State shall forward the notice of violation to the appropriate office and require a written response from such office within seven days of receipt.

(e) The voter registration agency office manager or coordinator shall determine if the statements of violation are correct, inaccurate, or false and provide a written description of the occurrence to the Secretary of State within seven days of receipt of notice. If the agency agrees that the outcome of the occurrence resulted in a failure to offer a voter registration opportunity or the right to privacy, it shall recommend a correction of the violation and a practice to avoid reoccurrence and submit same to the Secretary of State within seven days of receipt of the notice.

(f) Where relief is required in the specific case and/or corrective action necessary, the Secretary of State shall act on the agencys recommendation or develop an alternative resolution to be effective within 20 days of receipt of the notice of violation.

(g) The Secretary of State shall prepare a response to the individual, within 20 days of receipt of notice of violation, denoting comment or method of relief or correction whichever is applicable and what activity the individual must perform, or rejecting the claim of violation.

(h) If a notice of violation is filed with the Secretary of State at a time greater than 30 days from the date of occurrence and the voter registration agency or office is unable to complete the violation review within seven days, the Secretary of State may respond to the individual within 20 days that the claim of violation is under review and shall be resolved when pertinent information becomes available. If the violation is not corrected within 90 days after receipt of notice or within 20 days if the violation occurred within 120 days before a Federal election, an individual may go to Federal district court. If the violation occurs within 30 days of a Federal election, an individual may file suit without first providing notice.

N.J. Admin. Code § 15:10-1.9

Amended by 46 N.J.R. 819(a), effective 5/5/2014.