Sec. 13. The circuit court clerk shall determine whether a complaint filed under this chapter describes a violation of Title III if the facts set forth in the complaint are assumed to be true. The circuit court clerk may consult with the election division in making this determination. If the circuit court clerk determines that:

(1) even if the facts set forth in the complaint are assumed to be true, there is no violation of Title III; or

Terms Used In Indiana Code 3-6-5.1-13

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Title III: refers to Title III of HAVA (52 U. See Indiana Code 3-6-5.1-2
(2) that the person has not complied with section 7 of this chapter;

the circuit court clerk shall dismiss the complaint and publish notice of the order dismissing the matter in accordance with Ind. Code § 5-3-1.

As added by P.L.209-2003, SEC.17.

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