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Idaho Regulations § 34.02.02.017 ALTERNATE DISPUTE RESOLUTION

Up to Rule 34.02.02: Rules Governing Complaint Process Under the Help America Vote Act

Regulation Text

If, for any reason, the Secretary of State or his designee does not render a final determination within ninety (90) days after the complaint was filed, or within any extension to which the Complainant consents, the complaint shall be resolved under this Section 017 . (3-31-22)
01. Time Frames for Choosing an Arbitrator . On or before the fifth business day after a final determination by the Secretary of State was due, the Secretary of State shall designate in writing to the Complainant a list of names of arbitrators who may resolve the complaint. Within three (3) business days after the Complainant receives this designation, the Complainant and the Secretary of State shall arrange to choose an arbitrator from this list by striking names from the list until an arbitrator acceptable to both parties is chosen. Within three (3) business days after the parties strike names, the Secretary of State shall contact the arbitrator chosen and arrange for the hearing by the arbitrator. (3-31-22)
02. Information the Arbitrator May Review . The arbitrator may review the record compiled in connection with the complaint, including the tape recording or any transcript of a hearing and any briefs or memoranda, but shall not receive additional testimony or evidence. In exceptional cases, the arbitrator may request that the parties present additional briefs or memoranda. (3-31-22)
03. Resolution of Complaint . The arbitrator shall determine the appropriate resolution of the complaint as set out in these rules. (3-31-22)
04. Issuance of Written Resolution . The arbitrator must issue a written resolution within sixty (60) days after the final determination of the Secretary of State was due under Section 016 . This sixty (60) day period may not be extended. The final resolution of the arbitrator shall be transmitted to the Secretary of State and shall be the final resolution of the complaint. The final resolution shall be mailed to the Complainant, each Respondent, and any other interested person who has asked in writing to be advised of the final resolution. It shall be published on the Election Division website and made available on request to any interested person. (3-31-22)

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