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HAVA Complaint Center

HAVA §402 complaint for Title III violations (52 U.S.C. 21112)

A citizen resource for identifying where states fall short today and for reporting problems you know about now and in the future, especially during elections.

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HAVA in plain words

HAVA is a federal law. It sets basic rules that every state must follow when people vote for President and Congress. If an election office does not follow one of those rules, you can file a complaint with your state. The state must look at it and decide. If a rule was broken, the state must fix it. This page shows you how.

Find your stateHow to file

Why people call it a "Title 3 complaint"

The official procedure is Section 402 of the Help America Vote Act (HAVA), titled "Establishment of State-based administrative complaint procedures to remedy grievances." It sits in Title IV (Enforcement) of HAVA and is codified at 52 U.S.C. 21112 (formerly 42 U.S.C. 15512). It is commonly called a "Title 3 complaint" because it may be used only to report violations of Title III of HAVA, the federal election requirements. Several states use that name on their forms; for example, Pennsylvania's form is titled "Statement of Complaint – Violations of Title III of the Help America Vote Act of 2002."

1. HAVA and what Title III requires

The Help America Vote Act of 2002 (Pub. L. 107-252, signed October 29, 2002) is codified at 52 U.S.C. 20901–21145. It funded voting equipment upgrades, created the U.S. Election Assistance Commission (EAC), and set minimum requirements that every state must meet in elections for federal office. Those requirements are in Title III. Title III applies to elections for federal office; it does not by itself govern purely local elections.

Numbering note: The COCOA Act of 2024 (Pub. L. 118-106, October 4, 2024) added a new §304 for congressional election observers. The former §304 (minimum requirements) became §305, and the former §305 (state discretion) became §306. Older cases, forms, and state web pages use the earlier numbers. There are no sections 307–310.

§301 Voting systems standards 52 U.S.C. 21081

Voters must be able to check their choices privately and correct errors before casting, and be warned about overvotes (paper-ballot systems may meet this through voter education and instructions). Systems must produce a permanent paper record for manual audit and recounts. Each polling place must have at least one voting system accessible to voters with disabilities, including blind voters, with the same privacy and independence. Also covers alternative-language access, error rates, and a uniform state definition of what counts as a vote. Effective January 1, 2006.

§302 Provisional voting and voting information 52 U.S.C. 21082

A voter whose name is missing from the list, or who is told they are ineligible, must be told they may cast a provisional ballot and be allowed to do so. The voter must be given a free way (such as a toll-free number or website) to learn whether the ballot was counted. Each polling place must post voting information on federal election day. Voters who vote only because a court extended polling hours vote provisionally. Effective January 1, 2004.

§303 Statewide voter list and mail-registrant ID 52 U.S.C. 21083

Each state must keep a single, centralized, computerized statewide voter registration list, maintained regularly, secured against unauthorized access, and kept accurate. No registrant may be removed solely for not voting. Applications require a driver's license number or the last four digits of the Social Security number. First-time voters who registered by mail must show ID or a qualifying document, or vote provisionally, unless an exemption applies.

§304 Congressional election observers 52 U.S.C. 21083a

Added in 2024. States must give designated congressional observers full access to observe election administration, including casting, processing, tabulation, canvass, recounts, audits, and certification. Observers may not handle ballots or equipment or interfere.

§305 Minimum requirements 52 U.S.C. 21084

Title III sets a floor. States may adopt stricter requirements if they are consistent with federal law. (Formerly §304.)

§306 Methods left to the state 52 U.S.C. 21085

States choose the specific methods they use to comply with Title III. (Formerly §305.)

§311 EAC voluntary guidance 52 U.S.C. 21101

The EAC issues voluntary guidance to help states meet §§301–303. Guidance on §301 must be updated at least every four years.

§312 Process for adopting guidance 52 U.S.C. 21102

Guidance must be published in the Federal Register for public comment, with an opportunity for a public hearing, before it is final.

2. Know your rights to complain

Every state that receives HAVA funds must "establish and maintain State-based administrative complaint procedures" (52 U.S.C. 21112(a)(1)). Federal law requires the following:

The federal statute sets no filing deadline. Some states add one, limit who may file, or add steps such as serving a copy on the official you name. Check your state's rule in the State directory.

How decision-makers have treated "about to occur"

Kramer v. Hoskins, No. 2:25-cv-04257-MDH (W.D. Mo.) – case history

  1. March 5, 2026 – preliminary injunction (Doc. 30). The federal court found that Missouri's rule requiring complaints within 30 days after certification "does not allow for consideration of complaints for violations that '[are] about to occur,'" and ordered the Secretary of State to hold a §402 hearing and issue a determination within 90 days.
  2. April 14, 2026 – order on emergency motion to enforce (Doc. 34). The court granted the motion in part, requiring live witnesses at the state hearing and the production of data. Order (PDF)
  3. June 1, 2026 – Missouri Secretary of State determination. After the hearing, the Secretary of State found no violation. Determination memo (PDF)
  4. July 9, 2026 – order denying a second motion (Doc. 44). The court found that the state had complied with §402 and that §402 provides no appeal of the state's determination to the court. Order (PDF)
  5. July 13, 2026 – case closed. No appeal was found.

What this means for citizens: A federal court enforced the complainant's right to a hearing and a timely decision, including over a state filing deadline that would have blocked a complaint about a violation "about to occur." The court did not review whether the state's decision on the merits was correct. Under this ruling, §402 secures the process – a hearing on the record and a decision within 90 days – but not a particular outcome, and it gives no federal appeal of the state's determination. A strong record at the state hearing (documents, witnesses, data) is therefore what matters most.

Missouri rulemaking: Missouri proposed amendments to its HAVA complaint rule on August 17, 2026 (51 Mo. Reg. 1066–1067). As of the October 15, 2026 Missouri Register, the amendments were not yet final.

Colorado Secretary of State, HAVA Complaint 2026-001 (final agency determination, May 21, 2026). Colorado acknowledged the "about to occur" language but reasoned that federal law does not prevent a state from setting a filing deadline (Colorado's is one year), and it dismissed the forward-looking allegations as conclusory. It also held that claims about the state's HAVA plan (Title II) cannot be brought through this procedure.

No federal appeals court ruling on the "about to occur" language was found. Anticipatory complaints are most useful when they describe specific, concrete facts, such as an announced plan, a written procedure, or a purchasing decision.

3. What to watch for during the election

These are observable items tied directly to Title III in elections for federal office. Note what you see; do not interfere with voters or officials, and follow your state's rules for observers and photography.

Accessible voting system at each polling place

Is there at least one voting system equipped for voters with disabilities, set up and working, at this polling place? (§301(a)(3), 52 U.S.C. 21081(a)(3).)

Hand-count jurisdictions: In United States v. Town of Thornapple, No. 24-2931 (7th Cir. July 14, 2025), the court held that a hand-marked, hand-counted paper ballot method is itself a "voting system," so the accessible-system requirement still applies: "We decline to read in a loophole for hand counted paper ballots." HAVA does not prohibit paper ballots or hand counting; it requires that an accessible option also be available.

The state complaint route has been used for this: In Wisconsin Elections Commission EL 24-85 (Disability Rights Wisconsin v. Pinnow and Town of Thornapple), a complaint dated August 26, 2024 was decided November 5, 2024, 71 days later and inside Wisconsin's 89-day limit, on the written record (the respondents did not respond). The Commission found probable cause of violations of state law and HAVA (accessible voting system, 52 U.S.C. 21081(a)(3); overvote notice, 21081(a)(1)(A)(iii)) from the town's use of only hand-counted paper ballots on April 2 and August 13, 2024. It ordered accessible, HAVA-compliant equipment in all future elections, with compliance certifications before elections through October 29, 2026.

Provisional ballots offered

When a voter's name is not on the list or the voter is told they are ineligible, are they told they may cast a provisional ballot and allowed to do so after signing an affirmation? (§302(a), 52 U.S.C. 21082(a).)

Required polling-place postings

On federal election day, each polling place must post (§302(b), 52 U.S.C. 21082(b)):

  • a sample ballot;
  • the election date and polling hours;
  • instructions on how to vote, including how to cast a provisional ballot;
  • instructions for first-time voters who registered by mail;
  • general information on voting rights, including the right to a provisional ballot and how to contact officials if rights are violated;
  • general information on laws prohibiting fraud and misrepresentation.

First-time voters who registered by mail

Are these voters asked for a current photo ID or a qualifying document (utility bill, bank statement, government check, paycheck, or other government document with name and address), and offered a provisional ballot if they have none? Are exempt voters handled correctly? (§303(b), 52 U.S.C. 21083(b).)

Provisional ballot status lookup

Are provisional voters given written information on how to find out whether their ballot was counted, and does the free lookup (phone line or website) work? (§302(a)(5), 52 U.S.C. 21082(a)(5).)

Voter list maintenance

Public notices or records showing removals solely for failure to vote, or a lack of a single statewide list, may relate to §303(a), 52 U.S.C. 21083(a).

A second route for list maintenance: HAVA requires removals to follow the National Voter Registration Act (§303(a)(2)(A), 52 U.S.C. 21083(a)(2)(A)), and the NVRA has its own private right of action. A person aggrieved by an NVRA violation may send written notice to the state's chief election official. If the violation is not corrected within 90 days (20 days if it occurred within 120 days before a federal election), the person may sue in federal court for declaratory or injunctive relief. No notice is needed if the violation occurred within 30 days before a federal election. The court may award attorney fees to a prevailing private party (52 U.S.C. 20510(b)–(c)). See Which complaint fits my problem?

Evidence to collect

Election Day card

A one-page card in plain words to keep with you at the polls. It lists what to watch for, what to write down, state deadlines from shortest to longest, and where to get help.

Open printable pageDownload PDF

Election Day Card: Problems at the polls?

For elections for President, U.S. Senate, and U.S. House. Keep this card with you.

1. Watch for these problems

  1. There is no working voting machine for people with disabilities.
  2. A voter's name is not on the list, and no one offers a provisional ballot.
  3. Voters cannot check their choices or fix a mistake before the ballot is cast.
  4. Required signs are missing: sample ballot, voting hours, how to vote, and voter rights.
  5. A first-time voter who registered by mail has no ID and is not offered a provisional ballot.
  6. Provisional voters are not told how to find out if their ballot counted.

2. Write it down right away

  • The date and the time.
  • The place: polling place name, street address, and precinct.
  • What happened, in your own words. Write down what people said.
  • Names or job titles of the poll workers.
  • Names and phone numbers of people who saw it.
  • Photos only if your state allows them at the polls.

Stay calm. Do not block voters or argue with poll workers.

3. Get help

U.S. Department of Justice, voting rights:
1-800-253-3931
civilrights.justice.gov/report

Threats or violence: call 911.
Election crimes, such as fraud: FBI at tips.fbi.gov.

4. File fast: state deadlines

Shortest deadline first. Your complaint must reach the state in time.

Filing deadlines by state, shortest first
Time limitCounted fromStates
10 daysafter it happensVA
30 daysafter it happens*AR, CT, KS, MS, NC, WV, WY
30 daysafter the election is certifiedMO, WA
60 daysafter it happens*AK, AZ, CA, ME, MD, NE, NV
60 daysafter the election is certifiedVT
90 daysafter it happens*IL, KY, RI
90 daysafter the election is certifiedID, IA, LA, OH
120 daysafter it happensNY
1 yearafter it happens*CO, NH

* In some of these states the time starts when you found out, or at certification, if that is later. AK also has an outer limit of 90 days after certification. All other states: no deadline found, but file soon anyway.

5. Find your state's form

QR code: https://arsenal.handcountroadshow.org/hava/#states

Scan, or go to arsenal.handcountroadshow.org/hava. Open the State directory and pick your state. You will find the form, the address, and the rules. You can also call your county or state election office.

A HAVA complaint must be written, signed, and sworn in front of a notary. Keep a copy.

HAVA is the Help America Vote Act. General information, not legal advice. Deadlines come from each state's published rule or form (see the State directory); check your state before you file.

4. Which complaint fits my problem?

A HAVA §402 complaint covers only the Title III requirements. Many problems belong somewhere else, and complaints filed in the wrong place are often dismissed. Choose the description closest to your problem. You may use more than one route for the same events.

What happened?

The routes compared

Comparison of complaint routes
RouteWhat it coversWho decidesTimingWhat it can lead to
HAVA §402 state complaintTitle III only (§§301–304): voting systems and accessibility, provisional ballots, polling-place notices, statewide voter list, ID for first-time mail registrants, congressional observersThe state's chief election office or boardFederal law sets no filing deadline, but 28 jurisdictions set one (10 days to 1 year). Decision due within 90 days, then 60 days of alternative dispute resolution.A remedy going forward, or a published dismissal. Hearing on request. No damages. How to file
NVRA notice, then federal lawsuitNational Voter Registration Act: registration at motor vehicle and public agencies, mail registration, and list maintenance (removals)A federal court, after the state has had time to correct the problemWritten notice to the chief election official; suit after 90 days, or 20 days if within 120 days before a federal election; no notice needed within 30 days before one (52 U.S.C. 20510(b))Declaratory or injunctive relief; the court may award attorney fees (20510(c))
State election complaintState election laws and rulesThe state or local body named in state law (board of elections, secretary of state, ethics commission, or attorney general)Set by state lawSet by state law; may include fines or referral
U.S. Department of Justice, Civil Rights DivisionFederal voting rights laws, including the Voting Rights Act, NVRA, HAVA, and the ADA as applied to voting; intimidationDOJ decides whether to investigate or sueReport as soon as possible: 1-800-253-3931 or civilrights.justice.gov/reportDOJ may investigate or sue for declaratory and injunctive relief (for HAVA, 52 U.S.C. 21111). It does not act as your lawyer.
FBI or other law enforcementElection crimes, such as fraud, vote buying, threats, or tamperingLaw enforcement and prosecutorsEmergencies: call 911. Otherwise: tips.fbi.gov, the local U.S. Attorney's office, or state or local police and prosecutorsCriminal investigation and prosecution
Disability rights agencyAccess for voters with disabilitiesEach state's protection and advocacy agency can advise and may actContact them as soon as possible: find your state's agency (NDRN)Advice, advocacy, and in some cases legal action
Election contest or recountThe result of a particular electionA court or canvassing body under state lawUsually very short deadlines set by state lawA recount or a ruling on the result. A HAVA complaint cannot change a result.

Sources: 52 U.S.C. 21112; 52 U.S.C. 20510; DOJ Civil Rights Division, frequently asked questions ("just call us toll-free at (800) 253-3931"; for voter fraud, "contact the nearest office of the FBI or your local U.S. Attorney's office"). This is general information, not legal advice.

5. How to file

This is general information, not legal advice. State procedures differ. Read your state's rule and form, and consult an attorney if you need advice about your situation.

  1. Identify the requirement. Confirm the problem concerns a Title III requirement (§§301–304) in an election for federal office. Problems with other laws, or with a state's HAVA plan, generally do not fit this procedure.
  2. Find your state's procedure. Use the State directory or your chief election official's website. Note the filing office, any filing deadline, who may file, and whether you must send a copy to the officials you name.
  3. Gather your evidence as described above.
  4. Complete the state's form, or a written complaint if the state allows it. State the facts, the officials or offices involved, and the Title III section violated.
  5. Request a hearing on the record on the form if you want one.
  6. Sign and swear before a notary. An unnotarized complaint may be rejected.
  7. Serve copies on respondents if your state requires it, and keep proof.
  8. File by the method your state accepts. Keep a complete copy and proof of delivery, and note the filing date.
  9. Track the deadlines. The state must decide within 90 days unless you agree to more time. If it does not, the complaint must be resolved within 60 days through alternative dispute resolution.
  10. Review the decision and any appeal route your state provides.

Sample complaint and filing checklist

A general sample you can adapt if your state accepts a written complaint, or use as a guide when you fill in your state's own form. If your state requires its own form, use that form. Replace every bracketed item and delete the notes before you sign.

Sample complaint (Word, DOCX)Sample complaint and checklist (PDF)Checklist only (PDF)

Not legal advice. This sample is not an official form. Many states require their own form or add rules, such as a filing deadline, a required respondent, or a deadline to ask for a hearing. Check your state in the State directory.

Filing checklist

Before you file
  • Confirm the problem is a Title III requirement (sections 301 to 304) in an election for federal office.
  • Open your state in the directory. Note the filing office, deadline, required form, who may file, and how to ask for a hearing.
  • Write down what happened the same day: date, time, place, what you saw and heard, names, and witnesses.
  • If records matter, send a written records-preservation request and a public-records request first. Federal law requires many election records to be kept for 22 months (52 U.S.C. 20701).
  • Pick the correct respondent: the official or office with the legal duty.
  • Check whether someone has already filed on the same issue (see the complaint tracker).
Writing the complaint
  • One issue per complaint.
  • Cite the exact Title III section and subsection.
  • State the facts: who, what, where, and when. Separate what you saw yourself from what you learned from others.
  • Request a hearing on the record in the complaint itself. Some states require the request in the complaint or within a set time.
  • State in writing that you do not consent to extending the 90-day deadline.
  • Ask the state to confirm in writing the date it received your complaint.
  • Ask for a remedy the state can order, such as equipment, training, a corrected procedure, or a corrected record.
  • If an election is near, ask for expedited consideration.
Signing and sending
  • Sign and swear before a notary. Bring photo ID. Banks and some election offices notarize for free or at low cost.
  • Make a full copy of everything, including exhibits.
  • Send by certified mail with return receipt, or hand-deliver and ask for a date-stamped copy. Use email only if your state accepts it.
  • Serve a copy on the respondent if your state requires it, and keep proof.
After you file
  • Mark your calendar for day 90 (final determination due) and day 150 (60-day alternative dispute resolution period ends).
  • Answer requests from the state on time and attend any hearing. In some states, missing a hearing ends the complaint.
  • Keep all letters and the decision. If the state finds no violation, it must publish the results.
  • If you disagree with the decision, check your state's appeal route in the directory.
Read the sample complaint on this page

BEFORE THE [NAME OF STATE OFFICE THAT DECIDES HAVA COMPLAINTS, e.g., Secretary of State, State Board of Elections]

VERIFIED COMPLAINT UNDER SECTION 402 OF THE HELP AMERICA VOTE ACT OF 2002, 52 U.S.C. 21112, AND [STATE RULE CITATION]

Alleged violation of HAVA Title III, Section [301 / 302 / 303 / 304], 52 U.S.C. [21081 / 21082 / 21083 / 21083a]([subsection])

Election for federal office concerned: [name and date of election, e.g., General Election, November 3, 2026]

1. Complainant

[Full legal name]
[Street address, city, state, ZIP]
[Telephone] | [Email]

[If true: I am a registered voter in [County/Town], [State].]

Note: HAVA lets "any person" file (52 U.S.C. 21112(a)(2)(B)), but some states limit who may file. Check your state.

2. Respondent

[Name and official title of the state or local election official or office responsible for the requirement], in [his/her/its] official capacity
[Address]

Note: Name the official or office that has the legal duty. Complaints have been dismissed or returned because they named a body that is not an "election authority" (Michigan, Jan. 17, 2024), named the agency that decides the complaints (Wisconsin and Hawaii), or named the wrong level of government (Minnesota, 2022). Some states require you to send the respondent a copy (for example, Illinois 26 Ill. Adm. Code 150.25).

3. Nature of the complaint

This complaint concerns one issue: [state the issue in one sentence, e.g., "No voting system accessible to voters with disabilities was available and working at [polling place] on [date]."]

I believe this violation [has occurred / is occurring / is about to occur] (52 U.S.C. 21112(a)(2)(B)).

This is not an election contest. I do not ask to change any election result and I do not seek money damages. I ask for the appropriate remedy under 52 U.S.C. 21112(a)(2)(F).

Note: Use one complaint per issue. If you have several unrelated problems, file separate complaints.

4. Title III requirement

Section [number] of HAVA, 52 U.S.C. [section and subsection], requires: "[quote the exact words of the requirement]."

Note: Title III covers voting systems (sec. 301), provisional ballots and polling-place information (sec. 302), the statewide voter list and ID for some first-time mail registrants (sec. 303), and congressional observers (sec. 304). Problems under other laws, such as state-only rules, the National Voter Registration Act, or a state's HAVA plan, are usually dismissed from this procedure.

5. Facts

5.1 On [date], at about [time], I was at [polling place or office name and street address], [precinct, town, county].

5.2 I saw or heard the following: [describe exactly what happened, in order, in plain words].

5.3 The election officials involved were [names and titles, if known]. I asked [what you asked]. I was told [exact words, as best you remember].

5.4 Other people who saw this: [names and contact information of witnesses, if they agree].

5.5 Facts I know from other sources: [describe, and name the source, such as a public record or notice]. Facts stated on information and belief are identified as such.

Note: Be specific. "Poll workers were unhelpful" is weak. "At 7:40 a.m. on November 3, 2026, at Lincoln School, 12 Main St., the clerk told me the accessible machine was 'not set up today', and no other accessible machine was offered" is strong. Several New York determinations that found violations rested on exactly this kind of detail.

6. Why these facts violate Title III

[Explain in two or three sentences how the facts in Section 5 fail to meet the requirement quoted in Section 4.]

7. Timeliness

The events described occurred on [date]. This complaint is filed on [date], which is within [number] days. [State rule] sets a filing deadline of [number] days. [If no state deadline: The state rule sets no filing deadline.]

[If the violation is continuing or about to occur, state the specific, current facts that show it, such as a written procedure, an announced plan, or equipment decisions for an upcoming election.]

Note: Federal law sets no filing deadline, but 28 jurisdictions set one (as short as 10 days in Virginia). File as soon as you can. New York dismissed a complaint about past elections as untimely even though it was framed as a continuing violation (CMP 26-01, June 3, 2026).

8. Requests

8.1 Please accept this complaint and state in writing the date on which it was received and filed.

8.2 Hearing. I request a hearing on the record under 52 U.S.C. 21112(a)(2)(E) [and state rule]. I ask to present the following witnesses: [names].

8.3 Deadline. Please make a final determination within 90 days of filing (52 U.S.C. 21112(a)(2)(H)). I do not consent to any extension of the 90-day period unless I agree in writing. If no final determination is made within 90 days, I ask that the complaint be resolved within 60 days under alternative dispute resolution, using the record of these proceedings (52 U.S.C. 21112(a)(2)(I)).

8.4 Records. Please preserve all records relating to this complaint, including [list: logs, equipment records, notices, correspondence], and keep election records for the period required by 52 U.S.C. 20701 where it applies.

8.5 Remedy. I ask the State to [describe a remedy the State can actually order, such as placing a working accessible voting system at the polling place, issuing training directives, correcting a procedure, or correcting a record].

8.6 [If an election is near:] I ask for expedited consideration because the next election for federal office is on [date].

8.7 If the State finds no violation, I ask that it dismiss the complaint and publish the results, as 52 U.S.C. 21112(a)(2)(G) requires.

9. Exhibits

Exhibit A: [e.g., photo of posted notice, where lawful]
Exhibit B: [e.g., copy of public-records request and response]
Exhibit C: [e.g., signed witness statement]

10. Verification and signature

I, [full name], swear or affirm under penalty of perjury that I have read this complaint and that the facts stated in it are true to the best of my knowledge, information and belief. Facts stated on information and belief are identified as such, with their source.

Signature: ______________________________ Date: ______________
Printed name: [full name]

Notary acknowledgment

State of ____________________ County of ____________________

Subscribed and sworn to (or affirmed) before me on ______________ (date) by ______________________ (name of complainant), proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Notary signature: ______________________________
Printed name: ______________________ My commission expires: ______________ [Seal]

Note: HAVA requires the complaint to be "in writing and notarized, and signed and sworn" (52 U.S.C. 21112(a)(2)(C)). Use your state's notary wording if its form has one. Missouri requires a notary commissioned in Missouri.

6. Why complaints get dismissed, and what has worked

Published decisions show recurring reasons for dismissal, and some common features of complaints that led to a remedy. Each example is linked to its source. See the Complaint tracker for every complaint found.

Not a Title III matter

The complaint concerned another law, a state plan, voluntary federal guidelines, or asked for relief the process cannot give.

  • New York, CMP 25-05, 25-06, and 25-07 (March–April 2025): dismissed as not Title III matters; the relief sought, including resignations, was beyond the HAVA process.
  • Illinois, 2022 HAVA 1 (June 28, 2022): dismissed because the federal voting system guidelines are voluntary (ISBE HAVA page).
  • Wyoming (November 2025): three complaints about voting-system guidelines dismissed because no Title III violation was alleged (dismissal notice).
  • Colorado, HAVA 2026-001 (May 21, 2026): claims about the state's HAVA plan cannot be brought through this procedure. Michigan (Aug. 31, 2026) and New York (CMP 25-01) likewise set aside NVRA, state-law, and ADA claims as outside the process.

The wrong respondent

The complaint named a body that does not hold the duty in question.

  • Michigan (Jan. 17, 2024): a complaint against Grand Valley State University was dismissed without prejudice because the university is not an "election authority" under Michigan's process (Bureau of Elections letter).
  • Wisconsin, EL 24-01 (June 27, 2024): summary judgment for UW-Parkside; the provision cited governs the State's list, not a campus registration booth.
  • Minnesota (July 29, 2022): the Office of Administrative Hearings held that counties, not the Secretary of State, are responsible for updating the records at issue. The filer then filed against the counties (see below).

Filed too late

Federal law sets no filing deadline, but state deadlines have been applied.

  • Connecticut, SEEC File Nos. 2025-055 and 2025-056 (Oct. 15, 2025): dismissed as untimely under the 30-day rule (minutes).
  • New York, CMP 26-01 (June 3, 2026): dismissed on the merits and as untimely under the 120-day rule.
  • Colorado, HAVA 2026-001 (May 21, 2026): allegations outside the one-year limit dismissed.
  • Missouri, Kramer: first rejected under the 30-day rule (Oct. 20, 2025); a federal court then ordered a hearing (see Know your rights).

Asking the agency to rule on itself

Where the complaint named the agency that decides complaints, it was returned without a decision.

  • Wisconsin: six complaints naming the Elections Commission or its staff were returned "without consideration" on recusal grounds: EL 22-69, 22-81, 23-51, 25-80, 25-81, and 26-18 (May 6, 2026). This is listed as a potential conflict in the Wisconsin entry.
  • Hawaii (Dec. 24, 2025): two complaints were disposed of without consideration on conflict-of-interest grounds (letter).
  • Other returns: insufficient form (Wisconsin EL 24-44, refiling allowed) and no federal office on the ballot (Wisconsin EL 25-54).

What has worked

New York: five violations found after hearings

The New York State Board of Elections found Title III violations in CMP 24-02 (Demick, Oct. 18, 2024), 25-02 (Carroll) and 25-03 (Orzel, both May 16, 2025), 25-04 (Pedulla, June 18, 2025), and 25-08 (Collins, Dec. 29, 2025). In Collins, a ballot-marking device failed during early voting and the second device at the site was not offered; the Board ordered poll-worker training directives. Across the five, the remedies were device-testing and training directives.

Wisconsin: accessible equipment ordered

In EL 24-85 (Disability Rights Wisconsin v. Pinnow and Town of Thornapple, Nov. 5, 2024), the Commission found probable cause and ordered accessible, HAVA-compliant equipment for future elections, with compliance certifications. See What to watch for.

Minnesota: county complaints and an appeal

After the 2022 ruling that counties were responsible, the Public Interest Legal Foundation filed against six counties. Its Ramsey County appeal to state court under Minn. Stat. 200.04 settled on Jan. 5, 2024. PILF reports that the six counties together removed 501 duplicate registrations; the individual determinations were not found posted (PILF case page).

North Carolina and Louisiana

North Carolina (Snow, Dec. 6, 2023): the Board revised the registration form going forward and denied a request to contact existing registrants. Louisiana (Glascock, Jan. 6, 2005): a provisional-voting violation was found, described as not intentional, and additional training was ordered.

Common features of complaints that led to a remedy: one specific problem tied to one Title III requirement; first-hand facts with dates, places, and names; the local office responsible named as respondent; filed promptly; a hearing requested and attended; and a remedy the state could order, such as equipment, testing, training, or a corrected form.

7. Complaint tracker

Known HAVA §402 complaints found in public records, with their outcomes and sources. The list is not complete: many states do not publish complaints or their results. Entries describe what each complaint alleged and how it was resolved; an allegation is not a finding.

8. National picture

A summary of all 51 jurisdictions (50 states and the District of Columbia), generated from the same research data as the directory below. A "potential conflict" means a state's written rule is narrower on its face than 52 U.S.C. 21112(a); it is not a finding that the state is violating federal law. A "documented gap" is a practical or accuracy problem, such as a broken link, a missing form, or an outdated citation.

Most common potential-conflict types

Ranked by the number of jurisdictions with at least one potential conflict of that type. A jurisdiction counts once per type.

    Overview of all jurisdictions

    Select a column heading to sort. Select a jurisdiction to open its directory entry. "Email filing: Listed" means an email address appears on the form, but acceptance of email filing is not stated.

    9. State-by-state directory

    Each entry describes the state's published procedure and how easy it is to find. "Documented gaps" are factual observations with sources; they are not findings of any violation. All 51 jurisdictions have been reviewed.

    Legend

    • Documented gap: a factual, sourced observation about how the state publishes its procedure. Not a finding of any violation.
    • Potential conflict with HAVA: a state rule narrower on its face than 52 U.S.C. 21112(a), shown with the federal wording, the state wording, and any ruling. These questions are unsettled.
    • Shown on a state's row when it has potential conflicts.

    Show only

    10. Remedies and limits

    Department of Justice (§401)

    The U.S. Attorney General may sue any state or jurisdiction in federal court for declaratory and injunctive relief to enforce §§301–304 (52 U.S.C. 21111). There are no damages or penalties. DOJ lists its HAVA cases on its website, including Town of Thornapple (2024).

    Private lawsuits

    HAVA itself does not create a private right of action (Sandusky County Democratic Party v. Blackwell, 387 F.3d 565 (6th Cir. 2004)). The Fourth Circuit said the same in 2025: "HAVA contains no private right of action" (Maryland Election Integrity, LLC v. Maryland State Board of Elections, 127 F.4th 534 (4th Cir. 2025), n.2; the case was decided on standing, and the court did not reach whether HAVA may be enforced under §1983). Some courts have allowed suits under 42 U.S.C. §1983 for specific sections: §302(a) provisional ballots (Sandusky) and §303(a)(4)(A) (Colón-Marrero v. Vélez, 813 F.3d 1 (1st Cir. 2016)). Other courts have declined, and the Supreme Court in Brunner v. Ohio Republican Party, 555 U.S. 5 (2008), doubted private enforcement of §303. The Supreme Court's 2025 decision in Medina v. Planned Parenthood South Atlantic narrowed §1983 suits generally, which may make private HAVA suits harder. The NVRA, by contrast, has an express private right of action after notice (52 U.S.C. 20510(b)); see Which complaint fits my problem?

    "Appropriate remedy"

    Section 402 requires the state to provide "the appropriate remedy" but does not define it. States typically limit remedies to correcting procedures going forward. Many expressly exclude money damages, attorney fees, invalidating votes or elections, and disqualifying candidates.

    Funding

    Having the complaint procedure in place is a condition of HAVA requirements payments (52 U.S.C. 21003(b)(2)), and each state plan must describe it (21004(a)(9)). HAVA funds may not be used for litigation (21001(f)). No federal provision was found that cuts off funds for mishandling a complaint.

    11. Sources

    Federal law

    Federal agencies

    Cases and decisions

    State examples cited on this page

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