TrustVoting Atlas

Enforcement of chapter: Reporting of alleged violations;
institution of court proceedings; notice of alleged violation; investigation;
order compelling compliance with subpoena.

1.  If it appears that the provisions of
this chapter have been violated, the Secretary of State may:

(a) Conduct an investigation concerning the
alleged violation and cause the appropriate proceedings to be instituted and
prosecuted in the First Judicial District Court; or

(b) Refer the alleged violation to the Attorney
General. The Attorney General shall investigate the alleged violation and
institute and prosecute the appropriate proceedings in the First Judicial
District Court without delay.

2.  A person who believes that any
provision of this chapter has been violated may notify the Secretary of State,
in writing, of the alleged violation. The notice must be signed by the person
alleging the violation and include:

(a) The full name and address of the person
alleging the violation;

(b) A clear and concise statement of facts
sufficient to establish that the alleged violation occurred;

(c) Any evidence substantiating the alleged
violation;

(d) A certification by the person alleging the
violation that the facts alleged in the notice are true to the best knowledge
and belief of that person; and

(e) Any other information in support of the
alleged violation.

3.  As soon as practicable after receiving
a notice of an alleged violation pursuant to subsection 2, the Secretary of
State shall provide a copy of the notice and any accompanying information to
the person, if any, alleged in the notice to have committed the violation. Any
response submitted to the notice must be accompanied by a short statement of
the grounds, if any, for objecting to the alleged violation and include any
evidence substantiating the objection.

4.  If the Secretary of State determines,
based on a notice of an alleged violation received pursuant to subsection 2,
that reasonable suspicion exists that a violation of this chapter has occurred,
the Secretary of State may conduct an investigation of the alleged violation.

5.  If a notice of an alleged violation is
received pursuant to subsection 2 not later than 180 days after the general
election or special election for the office or ballot question to which the
notice pertains, the Secretary of State, when conducting an investigation of the
alleged violation pursuant to subsection 4, may subpoena witnesses and require
the production by subpoena of any books, papers, correspondence, memoranda,
agreements or other documents or records that the Secretary of State or a
designated officer or employee of the Secretary of State determines are
relevant or material to the investigation and are in the possession of:

(a) Any person alleged in the notice to have
committed the violation; or

(b) If the notice does not include the name of a
person alleged to have committed the violation, any person who the Secretary of
State or a designated officer or employee of the Secretary of State has
reasonable cause to believe produced or disseminated the materials that are the
subject of the notice.

6.  If a person fails to testify or produce
any documents or records in accordance with a subpoena issued pursuant to
subsection 5, the Secretary of State or designated officer or employee may
apply to the court for an order compelling compliance. A request for an order
of compliance may be addressed to:

(a) The district court in and for the county
where service may be obtained on the person refusing to testify or produce the
documents or records, if the person is subject to service of process in this
State; or

(b) A court of another state having jurisdiction
over the person refusing to testify or produce the documents or records, if the
person is not subject to service of process in this State.