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, with proceedings recorded and transcripts made available for public inspection. The commission is also required to acknowledge receipt of complaints within five business days and to conduct hearings within 30 days if requested.

Furthermore, the bill establishes that the Elections 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. Overall, the bill seeks to ensure accountability and transparency in the electoral process by reinforcing the commission's responsibilities in handling complaints related to HAVA violations.

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