Connecticut Seal

General Assembly

Amendment

 

February Session, 2010

LCO No. 5586

   
 

*HB0502105586HDO*

Offered by:

 

REP. MAZUREK, 80th Dist.

REP. WILLIAMS, 68th Dist.

 

To: Subst. House Bill No. 5021

File No. 224

Cal. No. 138

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (g) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(g) (1) In the case of a written complaint filed with the commission pursuant to section 9-7b on or after January 1, 1988, if the commission does not, by the sixtieth day following receipt of the complaint, either issue a decision or render its determination that probable cause or no probable cause exists for one or more violations of state election laws, the complainant or respondent may apply to the superior court for the judicial district of Hartford for an order to show cause why the commission has not acted upon the complaint and to provide evidence that the commission has unreasonably delayed action. Such proceeding shall be privileged with respect to assignment for trial. The commission shall appear and give appropriate explanation in the matter. The court may, in its discretion, order the commission to: (1) Continue to proceed pursuant to section 9-7b, (2) act by a date certain, or (3) refer the complaint to the Chief State's Attorney. Nothing in this subsection shall require the commission, in any proceeding brought pursuant to this subsection, to disclose records or documents which are not required to be disclosed pursuant to subsection (b) of section 1-210. Nothing in this subsection shall preclude the commission from continuing its investigation or taking any action permitted by section 9-7b, unless otherwise ordered by the court. The commission or any other party may, within seven days after a decision by the court under this subsection, file an appeal of the decision with the Appellate Court.

(2) On and after January 1, 2011, the commission shall post annually on its Internet web site a complete listing of written complaints filed with the commission pursuant to section 9-7b during the previous year. Such listing shall include a copy of the complaint and the date the complaint was filed, the date of the disposition, if any, of the complaint, and a description of any such disposition."