(1) The procedures in this rule shall be uniform and nondiscriminatory.

(2) Under this rule, any individual who believes that there is a violation of any provision of Title III of the Help America Vote Act of 2002 (hereinafter referred to as Title III) , or 13-13-601 , 13-13-602 , or 13-13-114 , MCA, including a violation which has occurred, is occurring, or is about to occur, may file a complaint.

(3) Any complaint filed under this rule shall be in writing and notarized, and signed and sworn by the individual filing the complaint, and include the full name, telephone number, and mailing address of the complainant.

(4) The Secretary of State may consolidate complaints filed under this rule.

(5) The Secretary of State shall designate a presiding officer for any complaint under this rule. The Secretary of State may, upon agreement of all the parties, resolve the complaint informally, and issue a final determination without a formal proceeding.

(6) At the request of the complaint, there shall be a hearing on the record. If a hearing shall be held at a date and time and place determined by the presiding officer and at the officer's discretion, the hearing may be conducted by telephone or upon written documentation. If the hearing is on consolidated complaints, then the complainants shall designate a single representative party to advocate for the consolidated complaint. If the presiding officer permits witnesses to testify, then they must be sworn in prior to their testimony being given. If a complainant fails to pursue a complaint, then the complaint shall be dismissed with prejudice.

(7) If, under this rule, the presiding officer determines that there is a violation of any provision of Title III or 13-13-601 , 13-13-602 , or 13-13-114 , MCA, the Secretary of State shall provide an informal opinion.

(8) If, under this rule, the Secretary of State determines that there is no violation, or that the complainant did not follow the above procedures in filing the complaint, or the complaint does not on its face allege a violation of Title III with regard to a federal election, or a violation of 13-13-601 , 13-13-602 , or 13-13-114 , MCA, with regard to a federal or state election, the Secretary of State shall dismiss the complaint and publish the results of the procedures.

(9) The Secretary of State shall make a final determination with respect to a complaint prior to the expiration of the 90-day period that begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination.

(10) If the Secretary of State fails to meet the deadline applicable under this rule, the complaint shall be resolved within 60 days under alternative dispute resolution procedures established for purposes of this rule. The record and other materials from any proceedings conducted under the complaint procedures established under this rule shall be made available for use under the alternative dispute resolution procedures.

(11) At any time before, during or prior to this process the complainant retains the right to file an action in any court of appropriate jurisdiction or to withdraw the complaint. No exhaustion of this administrative remedy is required.