Substitute House Bill No. 6997
Substitute House Bill No. 6997
PUBLIC ACT NO. 93-192
AN ACT CONCERNING THE IMPOSITION OF CIVIL
PENALTIES BY THE STATE ELECTIONS ENFORCEMENT
COMMISSION AND NOTICE OF CAMPAIGN TREASURERS WHO
FAIL TO FILE CAMPAIGN FINANCE REPORTS.
Section 1. Section 9-7b of the general
statutes is repealed and the following is
substituted in lieu thereof:
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 144a or 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 9-150 and 9-153 and any other record,
form or document as provided in section 9-153, 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
[one] TWO thousand dollars per offense against any
person the commission finds to be in violation of
any provision of chapter 144a, 145, or 150, part V
of chapter 146, part I of chapter 147, section
9-23g, 9-23h, 9-23i, 9-168d, 9-409, 9-410, 9-412,
9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k
or 9-453o, after 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;
(3) 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;
(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 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;
(11) 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;
(12) 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;
(13) 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;
(14) 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
(15) 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.
Sec. 2. Section 9-333y of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who knowingly and wilfully
violates any provision of this chapter shall be
fined not more than five thousand dollars or
imprisoned not more than five years or both. The
secretary of the state or the town clerk shall
notify the state elections enforcement commission
[, the chief state's attorney and the state's
attorney for the judicial district wherein such
person resides] of any such violation of which
said secretary or such town clerk may have
knowledge, provided, if any campaign treasurer
fails to file the statements required by section
9-333j within the time required, he shall pay a
late filing fee of fifty-five dollars. [and the]
THE secretary of the state or town clerk shall
forthwith notify such campaign treasurer that, if
such statement is not filed within seven days
thereafter, the secretary of the state or town
clerk shall notify the state elections enforcement
commission [, the chief state's attorney and the
state's attorney for the judicial district in
which the campaign treasurer resides] that the
campaign treasurer is in violation of said
section, the penalty for which shall be a fine of
not more than one thousand dollars or imprisonment
for not more than one year or both.
Sec. 3. This act shall take effect July 1,
1993, and shall apply to violations committed on
or after July 1, 1993.