Chapter 111:3-2 Oversight of County Board

111:3-2-01 Definitions.

(A) "Oversight" is a form of corrective action, initiated and administered by the secretary of state's office, to which a board of elections may be subject as a result of a significant condition that exists at the board of elections, constituting a reasonable threat to the proper administration of elections.

(B) A "significant condition" is a violation or the inadequate administration of the requirements of federal and/or state law or a policy, procedure or instruction issued by the secretary of state as they pertain to the administration of elections or other duties on the part of a county board of elections.

Replaces: 111-22-01

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3501.05(DD)
Rule Amplifies: 3501.05(DD)
Prior Effective Dates: 10/02/2014

111:3-2-02 Placing a board of elections under official oversight.

The secretary of state, the assistant secretary of state, or the secretary's designee may notify a board of elections of the following:

(A) The terms and period of oversight, if placed on oversight, or

(B) Instructions or recommendations for corrective action or improvement in the board's administration of elections, if not placed on oversight.

Replaces: 111-22-02

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3501.05(DD)
Rule Amplifies: 3501.05(DD)
Prior Effective Dates: 10/02/2014

111:3-2-03 Period of oversight.

The period of oversight shall be determined by the secretary of state, assistant secretary of state, or secretary's designee. A board of elections shall remain on oversight until either:

(A) It corrects or resolves the significant condition(s),

(B) It properly administers at least one regular state election, and/or

(C) The secretary of state, assistant secretary of state, or secretary's designee otherwise determines that there is no longer a need for oversight.

Replaces: 111-22-03

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3501.05(DD)
Rule Amplifies: 3501.05(DD)
Prior Effective Dates: 10/02/2014

111:3-2-04 Terms of oversight.

The secretary of state, assistant secretary of state, or the secretary's designee shall determine the terms of oversight based on the nature of any significant condition discovered. The terms of oversight may range from requiring the director, deputy director, two board members of opposite political parties, and other relevant board staff to participate in regularly scheduled conference calls or in-person meetings with secretary of state's personnel, to implementing regular, on-site supervision by the secretary of state's office of the day-to-day activities of the board of elections or other terms as deemed necessary or appropriate based on the nature of any significant condition discovered.

Replaces: 111-22-04

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3501.05(DD)
Rule Amplifies: 3501.05(DD)
Prior Effective Dates: 10/02/2014

111:3-2-05 Transition from oversight.

(A) If the secretary of state or assistant secretary of state is satisfied that the significant condition(s) that warranted oversight has been resolved, and no other significant conditions exist, the board shall be notified that it is no longer subject to oversight.

(B) If the secretary of state or assistant secretary of state determines that the significant condition(s) that warranted oversight has not been resolved, or that another significant condition exists, the secretary of state, the assistant secretary of state or the secretary's designee may notify the board of elections of the terms and period of continued oversight, if the board is to remain on oversight.

Replaces: 111-22-05

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3501.05(DD)
Rule Amplifies: 3501.05(DD)
Prior Effective Dates: 10/02/2014