(a) Receipt of complaint.

1. (1)

   1. (A) Upon receipt of a written complaint, it shall be stamped with the current date, filed, entered upon the complaint docket, and a copy forwarded to the Director of the State Board of Election Commissioners.
   2. (B) The director shall determine if the written complaint meets the requirements of a complaint as set forth in 7 CAR §§ 60-104 – 60-105.

2. (2)

   1. (A) If a complaint is filed which alleges a violation of law under the State Board of Election Commissioners’ jurisdiction but which otherwise fails to satisfy the procedural requirements for a complaint, the director shall:

(i) Notify the complainant that the complaint is deficient;

1. (ii) Describe the nature of the deficiency; and

   1. (iii) Inform the complainant that the complaint may be corrected within ten (10) calendar days of this notice being issued.
   2. (B) Failure of the complainant to cure the procedurally deficient complaint within ten (10) calendar days shall result in the complaint being dismissed if the board agrees that the complaint is deficient.
   3. (C) The director shall use all information provided with the complaint to deliver notice of a deficient complaint but shall not be required to provide notice if no contact information or mailing address is provided with the complaint.
   4. (D) A complaint filed after the deadline to file a complaint cannot be cured by this process.

(b) Staff report — Sufficient complaint.

1. (1)

   1. (A) If the director determines that a written complaint is timely, in proper form, and that the allegations, if true, establish a violation of election or voter registration laws under the board’s jurisdiction, then the director shall make a concise report:

      1. (i) Stating those findings;
      2. (ii) Analyzing the legal issues raised by the complaint; and
      3. (iii) Summarizing the complaint, including any additional evidence known to the director.
   2. (B) Additional evidence known to the director may include the review, the receipt, or the examination of any publicly available information or document that bears on an allegation.
   3. (C) A procedurally and substantively sufficient complaint that alleges an election or voter registration law violation within the jurisdiction of the board shall be investigated.

2. (2)

   1. (A) The director may recommend that the complaint be further investigated through:

      1. (i) Either documentary submissions; or
      2. (ii) A formal investigation.

   2. (B) The director shall send a copy of the complaint and the report to each commissioner:

      1. (i) By email; and
      2. (ii) If requested in advance by a commissioner, by first class mail.

   3. (C) If the director recommends that the complaint be further investigated, either formally or informally, or referred to the proper authority, such recommendation shall be considered to be adopted by the board on the fifth business day after the date that the director’s determination was sent by email unless, before the fifth business day, any commissioner requests that the board further consider the complaint at a meeting of the board.

      1. (c) Staff report — Insufficient complaint.
3. (1) If the allegations are found to be procedurally or substantively insufficient the director shall send a copy of the complaint and make a concise report stating those findings to each commissioner by email and, if requested in advance by a commissioner, by first class mail.

4. (2)

   1. (A) The director’s determination that the complaint is insufficient shall be considered adopted by the board on the fifth business day after the date that the director’s determination was sent by email unless, before the fifth business day, any board commissioner requests that the board further consider the complaint at a meeting of the board.

   2. (B) If the board so adopts the director’s determination that the complaint is insufficient and fails to meet the requirements of this part, then the director shall notify the complainant that the complaint has been dismissed.

      1. (d)
5. (1) In addition to the steps addressed above, the following action may be recommended by the director or adopted by the board without a recommendation by the director in a meeting of the board regardless of whether the complaint is found to be sufficient.

6. (2) The board may:

   1. (A) Issue a letter of instruction;
   2. (B) Refer the complaint to the proper authorities; or
   3. (C) Issue a letter of instruction and refer the complaint to the proper authorities.