Substitute Senate Bill No. 1024
Substitute Senate Bill No. 1024
PUBLIC ACT NO. 97-107
AN ACT STRENGTHENING THE ENFORCEMENT OF ELECTION
LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 9-7b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The State Elections Enforcement
Commission shall have the following duties and
powers:
(1) To make investigations on its own
initiative or with respect to statements filed
with the commission by the Secretary of the State
or any town clerk, or upon written complaint under
oath by any individual, with respect to alleged
violations of any provision of the general
statutes pertaining to or relating to any
election, primary or referendum, and to hold
hearings when the commission deems necessary to
investigate violations of any provisions of the
general statutes pertaining to or relating to any
such election, primary or referendum, and for the
purpose of such hearings the commission may
administer oaths, examine witnesses and receive
oral and documentary evidence, and shall have the
power to subpoena witnesses under procedural rules
the commission shall adopt, to compel their
attendance and to require the production for
examination of any books and papers which the
commission deems relevant to any matter under
investigation or in question. In connection with
its investigation of any alleged violation of any
provision of chapter 145, or of any provision of
section 9-359 or section 9-359a, the commission
shall also have the power to subpoena any
municipal clerk and to require the production for
examination of any absentee ballot, inner and
outer envelope from which any such ballot has been
removed, depository envelope containing any such
ballot or inner or outer envelope as provided in
sections 9-150a and 9-150b and any other record,
form or document as provided in section 9-150b, in
connection with the election, primary or
referendum to which the investigation relates. In
case of a refusal to comply with any subpoena
issued pursuant to this subsection or to testify
with respect to any matter upon which that person
may be lawfully interrogated, the superior court
for the judicial district of Hartford-New
Britain*, on application of the commission, may
issue an order requiring such person to comply
with such subpoena and to testify; failure to obey
any such order of the court may be punished by the
court as a contempt thereof. In any matter under
investigation which concerns the operation or
inspection of or outcome recorded on any voting
machine, the commission may issue an order to the
municipal clerk to impound such machine until the
investigation is completed;
(2) To levy a civil penalty not to exceed (A)
two thousand dollars per offense against any
person the commission finds to be in violation of
any provision of chapter 145, [or 150,] part V of
chapter 146, part I of chapter 147, chapter 148,
[this section,] section 9-12, subsection (a) of
section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h,
9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to
9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b,
9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59,
9-168d, 9-170, 9-171, 9-172, 9-409, 9-410, 9-412,
9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k
or 9-453o, OR (B) TWO THOUSAND DOLLARS PER OFFENSE
OR TWICE THE AMOUNT OF ANY IMPROPER PAYMENT OR
CONTRIBUTION, WHICHEVER IS GREATER, AGAINST ANY
PERSON THE COMMISSION FINDS TO BE IN VIOLATION OF
ANY PROVISION OF CHAPTER 150. THE COMMISSION MAY
LEVY A CIVIL PENALTY AGAINST ANY PERSON UNDER
SUBPARAGRAPH (A) OR (B) OF THIS SUBDIVISION ONLY
after GIVING THE PERSON AN OPPORTUNITY TO BE HEARD
AT a hearing conducted in accordance with sections
4-176e to 4-184, inclusive. In the case of failure
to pay any such penalty levied pursuant to this
subsection within thirty days of written notice
sent by certified or registered mail to such
person, the superior court for the judicial
district of Hartford-New Britain*, on application
of the commission, may issue an order requiring
such person to pay the penalty imposed and such
court costs, sheriff's fees and attorney's fees
incurred by the commission as the court may
determine;
(3) (A) To issue an order requiring any
person the commission finds to have received any
contribution or payment which is prohibited by any
of the provisions of chapter 150, after an
opportunity to be heard at a hearing conducted in
accordance with the provisions of sections 4-176e
to 4-184, inclusive, to return such contribution
or payment to the donor or payor, or to remit such
contribution or payment to the state for deposit
in the General Fund, whichever is deemed necessary
to effectuate the purposes of chapter 150; [. In
the case of a refusal to comply with such order of
the commission, the superior court for the
judicial district of Hartford-New Britain*, on
application of the commission, may issue a further
order to comply. Failure to obey such further
order may be punished by the court as a contempt
thereof;]
(B) TO ISSUE AN ORDER WHEN THE COMMISSION
FINDS THAT AN INTENTIONAL VIOLATION OF ANY
PROVISION OF CHAPTER 150 HAS BEEN COMMITTED, AFTER
AN OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED
IN ACCORDANCE WITH SECTIONS 4-176e TO 4-184,
INCLUSIVE, WHICH ORDER MAY CONTAIN ONE OR MORE OF
THE FOLLOWING SANCTIONS: (i) REMOVAL OF A CAMPAIGN
TREASURER, DEPUTY CAMPAIGN TREASURER OR SOLICITOR;
OR (ii) PROHIBITION ON SERVING AS A CAMPAIGN
TREASURER, DEPUTY CAMPAIGN TREASURER OR SOLICITOR,
FOR A PERIOD NOT TO EXCEED FOUR YEARS;
(C) TO ISSUE AN ORDER REVOKING ANY PERSON'S
ELIGIBILITY TO BE APPOINTED OR SERVE AS AN
ELECTION, PRIMARY OR REFERENDUM OFFICIAL OR
UNOFFICIAL CHECKER OR IN ANY CAPACITY AT THE POLLS
ON THE DAY OF AN ELECTION, PRIMARY OR REFERENDUM,
WHEN THE COMMISSION FINDS SUCH PERSON HAS
INTENTIONALLY VIOLATED ANY PROVISION OF THE
GENERAL STATUTES RELATING TO THE CONDUCT OF AN
ELECTION, PRIMARY OR REFERENDUM, AFTER AN
OPPORTUNITY TO BE HEARD AT A HEARING CONDUCTED IN
ACCORDANCE WITH SECTIONS 4-176e TO 4-184,
INCLUSIVE;
(4) To inspect or audit at any reasonable
time and upon reasonable notice the accounts or
records of any campaign treasurer or principal
campaign treasurer, as required by chapter 150 and
to audit any such election, primary or referendum
held within the state; provided, it shall not
audit any caucus, as defined in subdivision (1) of
section 9-372;
(5) To attempt to secure voluntary
compliance, by informal methods of conference,
conciliation and persuasion, with any provision of
chapters 149 to 153, inclusive, or any other
provision of the general statutes pertaining to or
relating to any such election, primary or
referendum;
(6) To consult with the Secretary of the
State, the Chief State's Attorney or the Attorney
General on any matter which the commission deems
appropriate;
(7) To refer to the Chief State's Attorney
evidence bearing upon violation of any provision
of chapters 149 to 153, inclusive, or any other
provision of the general statutes pertaining to or
relating to any such election, primary or
referendum;
(8) To refer to the Attorney General evidence
for injunctive relief and any other ancillary
equitable relief in the circumstances of
subdivision (7) of this section. Nothing in this
subdivision shall preclude a person who claims
that he is aggrieved by a violation of any
provision of chapter 152 or any other provision of
the general statutes relating to referenda from
pursuing injunctive and any other ancillary
equitable relief directly from the Superior Court
by the filing of a complaint;
(9) To refer to the Attorney General evidence
pertaining to any ruling which the commission
finds to be in error made by election officials in
connection with any election, or primary held for
the purpose of selecting a nominee for public
office or any referendum. Those remedies and
procedures available to parties claiming to be
aggrieved under the provisions of sections 9-323,
9-324, 9-328 and 9-329a shall apply to any
complaint brought by the Attorney General as a
result of the provisions of this subdivision;
(10) To consult with the United States
Department of Justice and the United States
Attorney for Connecticut on any investigation
pertaining to a violation of this section, section
9-12, subsection (a) of section 9-17 or section
9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21,
9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive,
9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a,
9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to
said department and attorney evidence bearing upon
any such violation for prosecution under the
provisions of the National Voter Registration Act
of 1993, P.L. 103-31, as amended from time to
time;
(11) To inspect reports filed with the
Secretary of the State and with town clerks
pursuant to chapter 150 and refer to the Chief
State's Attorney evidence bearing upon any
violation of law therein if such violation was
committed knowingly and wilfully;
(12) To intervene in any action brought
pursuant to the provisions of sections 9-323,
9-324, 9-328 and 9-329a upon application to the
court in which such action is brought when in the
opinion of the court it is necessary to preserve
evidence of possible criminal violation of the
election laws;
(13) To adopt and publish regulations
pursuant to chapter 54 to carry out the provisions
of section 9-7a, this section and chapter 150; to
issue upon request and publish advisory opinions
in the Connecticut Law Journal upon the
requirements of chapter 150, and to make
recommendations to the General Assembly concerning
suggested revisions of the election laws;
(14) To the extent that the Elections
Enforcement Commission is involved in the
investigation of alleged or suspected criminal
violations of any provision of the general
statutes pertaining to or relating to any such
election, primary or referendum and is engaged in
such investigation for the purpose of presenting
evidence to the Chief State's Attorney, the
Elections Enforcement Commission shall be deemed a
law enforcement agency for purposes of subdivision
(3) of subsection (b) of section 1-19, provided
nothing in this section shall be construed to
exempt the Elections Enforcement Commission in any
other respect from the requirements of sections
1-15, 1-18a, 1-19 to 1-19b, inclusive, 1-21, 1-21a
and 1-21c to 1-21k, inclusive;
(15) To enter into such contractual
agreements as may be necessary for the discharge
of its duties, within the limits of its
appropriated funds and in accordance with
established procedures; and
(16) To provide the Secretary of the State
with notice and copies of all decisions rendered
by the commission in contested cases, advisory
opinions and declaratory judgments, at the time
such decisions, judgments and opinions are made or
issued.
(b) IN THE CASE OF A REFUSAL TO COMPLY WITH
AN ORDER OF THE COMMISSION ISSUED PURSUANT TO
SUBDIVISION (3) OF SUBSECTION (a) OF THIS SECTION,
THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF
HARTFORD-NEW BRITAIN, ON APPLICATION OF THE
COMMISSION, MAY ISSUE A FURTHER ORDER TO COMPLY.
FAILURE TO OBEY SUCH FURTHER ORDER MAY BE PUNISHED
BY THE COURT AS A CONTEMPT THEREOF.
Sec. 2. This act shall take effect July 1,
1997.
Approved June 6, 1997