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statutes  is  repealed  and   the   following   is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.