Substitute House Bill No. 5701 Substitute House Bill No. 5701 PUBLIC ACT NO. 94-102 AN ACT CONCERNING MEMBERS AND EMPLOYEES OF THE ELECTIONS ENFORCEMENT COMMISSION. Section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof: (a) There is established a state elections enforcement commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the house of representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the house of representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the senate and shall hold office for a term of three years from said July first, and one shall be appointed by the governor, provided that such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first. Thereafter, members shall be appointed for terms of five years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. All appointments shall be made with the consent of the state senate and house of representatives, provided the initial appointees may serve without confirmation from July 1, 1974, subject to approval at the next regular session of the general assembly. No person who has served within the previous three years as a public official, other than a member of the state elections enforcement commission, or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of fifty dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help. (b) A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission, and three members of said commission shall constitute a quorum. (c) The commission shall at the close of each fiscal year report to the general assembly and the governor concerning the action it has taken including, but not limited to a list of all complaints investigated by the commission and the disposition of each such complaint, by voting districts, where the alleged violation occurred; the names, salaries and duties of the individuals in its employ and the money it has disbursed; and shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as may appear desirable. (d) The commission shall, subject to the provisions of chapter 67, employ such employees as may be necessary to carry out the provisions of this section, section 9-7b, AS AMENDED BY SECTION 8 OF PUBLIC ACT 93-30, SECTION 1 OF PUBLIC ACT 93-192 AND SECTION 3 OF PUBLIC ACT 93-386, and section 9-333y, AS AMENDED BY SECTION 2 OF PUBLIC ACT 93-192 AND SECTION 4 OF PUBLIC ACT 93-251, and may apply to the commissioner of public safety or to the chief state's attorney for necessary investigatory personnel, which the same are hereby authorized to provide. (e) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 5-266a AND 5-266b, NO MEMBER OR EMPLOYEE OF THE COMMISSION SHALL (1) BE A CANDIDATE IN ANY PRIMARY OR ELECTION, (2) HOLD ANY ELECTED PUBLIC OFFICE, PROVIDED A MEMBER OR EMPLOYEE OF THE COMMISSION WHO HOLDS AN ELECTED PUBLIC OFFICE AS OF THE EFFECTIVE DATE OF THIS ACT MAY CONTINUE TO HOLD SUCH OFFICE PRIOR TO APRIL 1, 1995, (3) BE A POLITICAL PARTY OFFICER, AS DEFINED IN SUBSECTION (a) OF THIS SECTION, OR (4) HOLD ANY OFFICE OF ANY COMMITTEE, AS DEFINED IN SECTION 9-333a. The members and employees of the commission shall OTHERWISE be subject to the provisions of sections 5-266a and 5-266b. (f) The commission shall not be construed to be a board or commission within the meaning of section 4-9a. (g) In the case of a written complaint filed with the commission pursuant to section 9-7b, AS AMENDED BY SECTION 8 OF PUBLIC ACT 93-30, SECTION 1 OF PUBLIC ACT 93-192 AND SECTION 3 OF PUBLIC ACT 93-386, 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-New Britain* 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, AS AMENDED, (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 1-19. Nothing in this subsection shall preclude the commission from continuing its investigation or taking any action permitted by section 9-7b, AS AMENDED, 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.