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Administrative Complaint Procedure
Section 402 of HAVA requires the territory of the Virgin Islands to create territory-based administrative complaint procedures to assure state compliance with Title III of HAVA. The Virgin Islands plans to manage complaints informally, formally and through mediation. When this informal process does not satisfy the voter, a formal administrative complaint procedure will be available as well as mediation. The procedures must meet the following requirements:
This complaint procedure is intended to be less formal than most administrative procedures, with potential violations being more likely to represent system-wide problems than individual voting rights. Thus, the possible remedies will be less personal in nature. Therefore, the Virgin Islands propose to implement these requirements in the following manner, through appropriate administrative rules adopted by the Joint Boards of Election:
If the Supervisor of Elections finds that the Office of the Supervisor of Elections should address the complaint, the Supervisor of Elections will initiate the informal complaint procedure. The Supervisor of Elections may communicate directly with the respondent
specifically, outlining the alleged infractions and attempt to resolve the matter. If this resolves the complaint, no other person will be contacted. The Supervisor of Elections may also meet both parties, make inquiries to ascertain pertinent fact, and consult with others to facilitate the process. If, under this procedure, it is determined that there is a violation of any provision of Title III, an appropriate remedy shall be instituted. If, under this procedure, it is determined that there is no violation of any provision of Title III, the complaint shall be dismissed and the results of the procedures shall be published. If this option does not resolve the matter, all other options remain open to the complainant.