The NYS Dispute Resolution Association (NYSDRA) contracted with the NYS Board of Elections (NYSBOE) in 2007, to provide advisory arbitration services when a NYSBOE panel has exceeded the 90 day (or a longer agreed upon) calendar period to conduct a hearing based on a written complaint by a voter who believes there has been a violation of any provision of Title Three of the Federal Help America Vote Act.
Filing a complaint
- A complaint alleging that there is a violation (including a violation which has occurred or is occurring or is about to occur) of any provision of Title Three of the Federal Help America Vote Act of 2002 (HAVA), may be made in person, by telephone or in writing.
- All formal complaints shall be filed with the State Board of Elections and shall be written, signed and sworn by the complainant.
- The complainant shall use a form created by and available from the State Board of Elections.
When are complaints sent to Arbitration?
If a written complaint and a request for hearing is submitted, there shall be a hearing conducted by a panel of two commissioners of the NYS Board of Elections. Whenever a final determination of a formal complaint is not made within ninety days, or any other longer agreed upon time period, the state board of elections shall refer the formal complaint to NYSDRA for advisory arbitration.
What takes place at advisory arbitration?
A trained neutral arbitrator will give all parties involved, an opportunity to present their case and will analyze all materials relevant to the complaint. He/she will then develop a written statement clearly explaining his/her decision and a remedy to the complaint if applicable. The purpose of the arbitration is to indicate what direction a formal court hearing may go, which may encourage settlement based on the arbitrator’s findings.
Who are the arbitrators?
Arbitrators are trained neutral third parties who have been approved by NYSDRA and the Board of Elections for inclusion to the panel. The arbitrators have significant arbitration training and experience dealing with matters of legislation and law. Arbitrators will be made available by NYSDRA to conduct hearings in six regions throughout New York State.
How do I prepare for the process?
- Keep copies of all oral , documentary or other evidence relevant to the allegations in the complaint .
- Keep copies of all notices and correspondence between the State Board of Elections (SBOE) and the complainant and respondent as well as the results of any investigation conducted by SBOE staff in response to the complaint.
- Prepare to present your position.
- Contact and be prepared to present witnesses to the complaint.
Who will participate?
Representative(s) of the State Board of Elections, complainant and appropriate witnesses
Does this cost anything?
The SBOE shall be responsible for the costs of administering arbitration. This does not include any expenses of any complainant or respondent to the arbitration.
How does this affect my personal rights?
No decision of the arbitrator shall be construed to impair or supersede the right of an aggrieved party to seek a judicial remedy.
For more information:
Contact the NYS Dispute Resolution Association (NYSDRA.)
Additional Resources:
NYS Board of Elections
Related Law:
Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of NY, Subtitle V, State Board of Elections
Title Three, Federal Help America Vote Act