Senate Bill 338 aims to enhance the enforcement of the federal Help America Vote Act (HAVA) by amending existing statutes and creating new provisions regarding the handling of complaints against the Elections Commission. The bill mandates that if the Elections Commission receives a complaint alleging that it is violating HAVA, it must make a final determination on the merits of the complaint and cannot dismiss it solely based on the fact that the complaint is against the commission itself. Additionally, the bill requires that hearings be held in open session, with proceedings recorded and made available for public inspection. The commission must acknowledge receipt of complaints within five business days and conduct hearings within 30 days if requested.

Furthermore, the bill establishes that the commission must investigate all complaints uniformly and nondiscriminatorily, as required by HAVA. If a complaint is found to have merit, the commission is obligated to take corrective action. Complainants have the right to appeal any dismissals or unfavorable decisions to a court. The commission is also required to publish the results of all dismissed complaints on its website and report these results to the legislature and relevant committees. The amendments and new sections introduced in the bill aim to ensure compliance with HAVA and improve transparency and accountability within the Elections Commission.

Statutes affected:
Bill Text: 5.061(3), 5.061