Obligations of the State Under the Federal Help America Vote Act of 2002

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  1. The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002.
  2. As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act.
  3. Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing procedures of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," but shall be resolved pursuant to rules and regulations promulgated under subsection (b) of this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002.

(Code 1981, §21-2-50.2, enacted by Ga. L. 2003, p. 517, § 4.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d., Elections, § 307.

C.J.S.

- 29 C.J.S., Elections, § 261.


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