Determination

Determination. A final determination on the complaint shall be made within 90 days of the Secretary of State’s receipt of the complaint and must be in writing. This time period may only be extended upon the written consent of the Complainant. A. The determination as to whether a Subchapter III violation has been established shall be based on the preponderance of the evidence standard. The Complainant shall bear the burden of proving the existence or occurrence of a Subchapter III violation by a preponderance of the evidence. B. The determination shall constitute a final and binding decision which is not appealable to any state or federal court. C. If it is found there was a past, present or potential violation of Subchapter III of HAVA, then the written determination shall state the facts of the violation, set forth the specific law violated and provide for a remedy. The remedy provided shall be directed to the improvement of processes or procedures governed by Subchapter III. The principal remedy shall be written findings a violation occurred and strategies or recommendations for ensuring future violations do not occur. D. Any remedy provided for under this rule may not include any award of monetary damages, the payment of costs, penalties or attorneys’ fees and may not include the invalidation of any vote or ballot, primary, special or general election result or the disqualification of any candidate. E. All final determinations shall be posted on the website of the Secretary of State (www.sos.ms.gov) and mailed to the Complainant, each Respondent and other interested persons who asked in writing to be advised of the final determination.