Court Filings

HAVA Complaint 1 - To Remove the 90 Day Restrictive Clause

Description
This complaint alleges that the Illinois JCAR rule which prohibits the filing of any HAVA complaint outside of a 90 day window is illegal and must be revised. Sharon Meroni, as Executive Director of Defend the Vote has filed this complaint.
Categories
Published
of 4
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
  HAVA TITLE III COMPLAINT Amended  Complainant, ) ) SHARON ANN MERONI, ) One West Surrey Lane ) Barrington Hills, IL 60010 ) 847-382-1100 224-357-8366 Fax ) ) Respondents, ) ) Illinois State Board of Elections: ) Jesse R. Smart (Chairman) ) Charles W. Scholz (Vice Chairman) ) William M. McGuffage ) Harold D. Byers ) Betty J. Coffrin ) Ernest L. Gowen ) Bryan A. Schneider ) Casandra B. Watson ) Rupert T. Borgsmiller (Executive Director) ) Steve Sandvoss (General Counsel) ) TITLE III HAVA COMPLAINT  Now comes SHARON ANN MERONI (hereinafter referred to as the “Complainant” ), and for her Complaint states as follows: 1.   The Complainant resides at One Surrey Lane, Village of Barrington Hills, in the County of McHenry in the State of Illinois, and as of the date of filing of this complaint is duly qualified, registered and a legal voter at such address. 2.   The Complainant's interest in filing this Petition is that of a voter desirous that the federal and state laws governing the administration of elections are properly complied with.   PROVISION OF THE ACT VIOLATED SEC. 402. 42 USC 15512.ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES. (B) Under the procedures, any person who believes that there is a violation of any provision of title III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint.  ILLINOIS ADMINISTRATIVE RULE IN VIOLAION OF SEC 402.42 (B) TITLE 26: ELECTIONS CHAPTER I: STATE BOARD OF ELECTIONS -PART 150 ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA SECTION 150.15 FILING OF A COMPLAINT Section 150.15 Filing of a Complaint: Any person who believes that a violation of any provision of Title III of the Act has occurred, is occurring or is about to occur may file a complaint with the State Board of Elections. The complaint must be filed no later than 90 days after the occurrence of the violation or 90 days after the federal election in connection with which the violation occurred, whatever date is later. Any complaint filed under this Section must allege a violation of Title III of the Act, state specifically the nature of the violation and be sufficiently grounded in fact and in law. In addition, the complaint must state whether the complainant desires a hearing on the record before the State Board of Elections. TIME AND PLACE This timing of this complaint is that a violation of Title III has occurred, is occurring, and will continue to occur until the alleged rule is stricken. This violation is a result of Illinois Administrative Rules, taking place in and impacting the entire State of Illinois and all of her residents. NATURE OF THE COMPLAINT: STATEMENT OF FACTS 1. The Complainant asserts she is restricted from filing complaints about HAVA Title III  violations by this rule. 2. The Complainant has other HAVA Title III complaints that she wishes to file against the Illinois State Board of Elections.. 3. The Complainant asserts that Sec 402 (B) allows her the right to file a HAVA Title III complaint outside of the 90 day restive clause found in Illinois Administrative Rule Title 26: Elections Chapter I Part 150.15. This Rule states: “ The complaint must be filed no later than 90 days after the occurrence of the violation or 90 days after the federal election in connection with which the violation occurred, whatever date is later. ”   4. Illinois Administrative Code 150.15 has a restrictive clause which mandates HAVA Title III complaints must be filed 90 days after an occurrence or 90 days after the federal election in connection with which the violation occurred. The Complainant alleges that SEC. 402. 42 USC 15512 (B) permits “Under the procedures, any person who believes that   there is a violation of any provision of title III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint”.  5. The Complainant ’s rights as permitted by Title III are violated by this Rule. RESOLUTIONS Therefore the Complainant desires a hearing on the record before the State Board of Elections. The Complainant does not relinquish her right for this matter to go through Alternative Dispute Resolution.   Therefore the Complainant requests that the current Illinois Administrative Rule Title 26: Elections Chapter I Part 150.15 be stricken. Therefore the Complainant requests the Board shall, in its order, take whatever action it is  authorized under federal or State law and deems appropriate under the circumstances to correct the matter complained of and shall provide a timeframe in which its order must be complied with and the consequences of failure to comply. Therefore the Complainant requests that the Illinois State Board of Elections responds to her other HAVA Title III objection. Therefore the Complainant shall receive all other benefits, rights, and relief afforded to her  because of this violation of her rights. Verification I declare that this complaint (including any accompanying exhibits and statements) has been examined by me and to the best of my knowledge and belief is a true and correct complaint as required by Section 402 of the Help America Vote Act.  _________________________________ Sharon Ann Meroni Signed and sworn to (or affirmed) by Sharon Meroni  before me on this day of September 15 th  , 2014 Signature of Notary Public (SEAL OF NOTARY)
Search
Tags
Related Search
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x