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 commission receives a complaint alleging its own violation of HAVA, it must make a final determination on the merits of the complaint and cannot dismiss it solely based on the nature of the allegation. Additionally, the bill stipulates that hearings must be held in open session, recorded, and made available for public inspection, ensuring transparency in the complaint process.

The bill also introduces specific timelines and procedures for the Elections Commission to follow when addressing complaints. It requires the commission to acknowledge receipt of complaints within five business days and to conduct hearings within 30 days if requested. Furthermore, the commission must issue a final decision on all complaints within 89 days, regardless of whether a hearing is requested. If a complaint is found to have merit, the commission is obligated to take corrective action, and complainants have the right to appeal decisions that dismiss their complaints. The results of all dismissed complaints must be published on the commission's website and reported to the legislature and relevant committees.

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