W. Va. Code R. § 153-21-3

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-21-3 - Complaint Filing

3.1. Prescribed Forms.

3.1.1. Any complaint filed with the Secretary of State must be in writing and on a prescribed form provided by the Secretary;

3.1.2. The prescribed form is available on the website of the Secretary and may also be obtained by calling or writing the offices of the Secretary of State and requesting a form.

3.2. Information Required:

3.2.1. The form must contain the following:

3.2.1.a. The form must be signed by the complainant;

3.2.1.b. The complainant must have sworn to the accuracy and truthfulness of all information on the form;

3.2.1.c. The signature and affirmation of the complainant must be notarized by a notary public;

3.2.1 d. The complainant must describe the nature of the alleged violation;

3.2.1.e. The complainant must provide the name, if known, of the person alleged to have committed the violation;

3.2.1.f The complainant must provide the title of the office held or sought, if any, by the person alleged to have committed the violation;

3.2.1.g. The complainant must provide his or her address and phone number;

3.2.1.h. The complainant must provide the nature of the relief or remedy requested of the secretary; and

3.2.1.i. The violation described by the complaint must, on its face, identify an election or voting violation, error, or other irregularity over which the Secretary has jurisdiction.

3.2.2. Any complaint form which does not provide all of the required information required by subsections 3.2.1 .a through 3.2.1 .h, shall be returned to the person making the complaint without further processing by the Secretary of State.

3.2.3. A complainant may withdraw his or her complaint at any time prior to a final determination by the Secretary or the Commission. The withdrawal notice must be in writing. The secretary shall notify the respondents of the withdrawal of the complaint.

3.3. Time Limits for Filing.

3.3.1. W. Va. Code § 3-9-24 and other statutory references to limitations on prosecutions of crimes notwithstanding, a complaint form meeting all requirements of subsections 3.2.1.a through 3.2.1.i of this rule must be received by the Secretary within thirty (30) days of the occurrence of the event that forms the basis for the complaint, or within thirty (30) days after the complainant knew, or reasonably should have known, of the occurrence of the event, whichever is later.

3.3.2. Any complaint form received after the time permitted for filing shall be dismissed by the Secretary. An otherwise timely complaint form, but one which does not meet all requirements of subsections 3.2.1.a through 3.2.1h, shall be returned to the complainant. The complainant shall be allowed ten (10) working days to file a corrected form providing all required information or the complaint shall be dismissed.

W. Va. Code R. § 153-21-3