Making A HAVA Title III Violation Complaint
A person who believes there is a violation of any provision of Title III of the Help America Vote Act of 2002 (HAVA), 52 U.S.C. § 21081 through 52 U.S.C. § 21085, including a violation that has occurred, is occurring, or is about to occur, may file a complaint with the Indiana Election Division using HAVA Title III Violation complaint form (IEC-24).
Title III of HAVA establishes requirements for the use of uniform and nondiscriminatory election technology and administration by states when conducting a federal election. The HAVA complaint form provides a list of requirements state and local election officials are to follow, such as:
- A voting system used during a federal election must permit all voters to vote in a private and independent manner and notify the voter if they voted for more candidates than permitted by the office and allow for the ballot to be corrected.
- Providing the option of casting a provisional ballot to each individual whose name does not appear on the poll list at the voting location, or an election official asserts the individual is not eligible to vote; or who arrives to vote on election day during any extended hours ordered by a federal or state court.
- Posting voting information in each polling location on election day.
- Establishing a statewide voter registration system with adequate technology security measures to prevent unauthorized access.
- Conducting voter list maintenance by state and local voter registration officials on a regular basis in compliance with the National Voter Registration Act of 1993 (NVRA), 52 U.S.C. § 20501 et. seq.
- Requiring each individual who registers to vote, by mailing in a voter registration application to the county voter registration official and has not voted before in the state to present additional residency documentation.
A HAVA complaint must include: (1) the name and mailing address of the person alleged to be committing the violation of Title III of HAVA; (2) whether the person filing the complaint has filed the same complaint with a county election board; and (3) the nature of the injury suffered or (or about to be suffered) by the person filing the complaint. The complaint must be signed by the person filing the complaint and notarized before an individual authorized to administer an oath under IC 33-42-9.
The completed and notarized complaint must be mailed or hand-delivered to the Indiana Election Division, 302 W. Washington Street, Room E-204, Indianapolis, IN 46204.
Download the HAVA Title III Violation Complaint Form (IEC-24).
Find Title III of HAVA (52 U.S.C. § 21081 through 52 U.S.C. § 21085) here.
Making A NVRA and State Voter Registration Violation Complaint
A person who believes they have been aggrieved by a violation of any provision of National Voter Registration Act of 1993 (NVRA), 52 U.S.C. § 20501 et. seq., or any Indiana voter registration law (IC 3-7) may file a complaint with the co-directors of the Indiana Election Division (Indiana NVRA officials) using the NVRA & State Voter Registration Violation Complaint form (VRG-25).
The NVRA established procedures for registering voters for federal elections. This includes:
- Registering to vote simultaneously with an application for a driver’s license or state identification card at the Bureau of Motor Vehicles.
- Registering to vote simultaneously with an application for services provided by a state public assistance agency, a state agency that provides services to persons with disabilities, and other agencies designated by the state.
- Establishing procedures for how an employee of a state agency offering voter registration services can assist an individual in completing the voter registration application.
- Registering to voting by submitting a voter registration application through the mail.
- Registering to vote in person at a county voter registration office and at other federal, state, and nongovernmental offices designated as voter registration sites by the state.
- Requiring each voter registration official in the state to make available and accept the federal voter registration application created by the Election Assistance Commission by an individual applying to register to vote in Indiana.
- Establishing uniform and nondiscriminatory procedures for conducting voter list maintenance including when those voter list maintenance programs cannot be conducted before a federal election and establishing when a voter registration official can cancel and remove a voter’s record from the voting rolls.
A NVRA complaint must include: (1) the name and mailing address of the person alleged to be committing the violation of the NVRA or Indiana voter registration law; (2) whether the person filing the complaint has filed the same complaint with a county voter registration official; and (3) a summary of the violation that the person filing the complaint has been aggrieved by. The complaint must be signed by the person filing the complaint and notarized before an individual authorized to administer an oath under IC 33-42-9.
The completed and notarized complaint must be mailed or hand-delivered to the Indiana Election Division, 302 W. Washington Street, Room E-204, Indianapolis, IN 46204.
Download the NVRA & State Voter Registration Violation Complaint Form (VRG-25).
Toll-Free Election Fraud and Accessibility Grievance Line
Do you have a complaint about your polling place's accessibility limitations or are you concerned about fraudulent activities on Election Day? A toll-free phone line now exists to make your voice heard. We need your help to identify areas needing assistance so the issues can be resolved prior to the General Election in November.
The Help America Vote Act of 2002 (HAVA) requires at least one accessible voting machine be placed in each polling place in addition to making the facility physically accessible. The Secretary of State and Indiana Election Division have been working with county election administrators to make these changes and upgrade polling places as of the 2006 Primary Election. All polling locations in the State of Indiana should be compliant.
The toll-free number is: 866-IN1-VOTE (866-461-8683). HAVA staff will be on hand to answer the calls from 6:00 AM to 7:00 PM EDT on Election Day and 8:00-4:30 on regular business days.