Terms Used In Louisiana Revised Statutes 18:567.2

  • Board: means the State Board of Election Supervisors. See Louisiana Revised Statutes 18:567.1
  • Complainant: means the person who files a complaint with the board under this Subpart. See Louisiana Revised Statutes 18:567.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Federal election: means a general, special, primary, or runoff election for federal office; and a primary election held for the expression of a preference for the nomination of individuals for election to the office of president. See Louisiana Revised Statutes 18:567.1
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Respondent: means any state or local election official whose actions relating to a federal election are asserted, in a complaint under this Subpart, to be in violation of Title III of the Help America Vote Act of 2002. See Louisiana Revised Statutes 18:567.1
  • Title III: means Title III of the Help America Vote Act of 2002, P. See Louisiana Revised Statutes 18:567.1

A.  Any person who believes that there is a violation by any state or local election official of any provision of Title III may file a complaint, including a violation which has occurred, is occurring, or is about to occur.  The complaint procedures set forth in this Subpart are limited to allegations of violations of Title III in a federal election.

B.  The complaint shall be in writing, signed by the complainant, executed before a notary public, and sworn under oath.  The complaint shall provide the name and mailing address of the complainant and shall include a description of the alleged violation that is sufficiently detailed to put the board and the respondent on notice of the nature of the alleged violation.

C.  The complainant may use any of the following forms to file a complaint:

(1)  The form provided by the secretary of state, subject to approval of the attorney general as to content.

(2)  Any other form which contains the same information as required by the approved form prepared by the secretary of state.

D.  A complaint shall be filed with the secretary of state and shall be filed within ninety days after the final certification of the federal election.

E.  The complainant shall mail or deliver a copy of the complaint to each respondent.

Acts 2003, No. 423, §1, eff. Jan. 1, 2004.