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repealed and the following is substituted in lieu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.