Sec. 9-7a. (Formerly Sec. 9-368a). State Elections Enforcement Commission. Reports. Political activity of members. Written complaints.
Sec. 9-7a. (Formerly Sec. 9-368a). State Elections Enforcement Commission.
Reports. Political activity of members. Written complaints. (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 two hundred 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
and section 9-623 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 October 1, 1994, 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 9-601. 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 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.
(P.A. 74-213, S. 1, 9; P.A. 75-250, S. 1, 2; P.A. 77-566, S. 1, 3; 77-604, S. 6, 84; 77-614, S. 70, 486, 587, 610; P.A.
79-363, S. 1, 2, 38; 79-560, S. 35, 39; P.A. 80-281, S. 30, 31; P.A. 81-209, S. 1, 2; P.A. 82-76; P.A. 84-511, S. 2, 15; P.A.
86-99, S. 31, 34; P.A. 87-469, S. 1, 2; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-102; P.A.
95-220, S. 4-6; P.A. 06-187, S. 67.)
History: P.A. 75-250 amended Subsec. (a) to change to three years the previous time during which service as a public
official or political party officer acts as bar to appointment; in 1977 Sec. 9-368a was transferred to Sec. 9-7a; P.A. 77-566
in Subsec. (a) provided compensation of $50 for any day of participation; P.A. 77-604 made technical changes; P.A. 77-614 in Subsec. (a) substituted commissioner of administrative services for commissioner of finance and control and,
effective January 1, 1979, in Subsec. (d) changed commissioner of state police to commissioner of public safety; P.A. 79-363 substituted chairperson and vice-chairperson for chairman and vice chairman in Subsec. (a); P.A. 79-560 added new
Subsec. (f) providing that new commission not construed to be a board or commission within meaning of Sec. 4-9a; P.A.
80-281 amended Subsec. (a) to provide that term "public official" not include justice of peace or notary public; P.A. 81-209 amended Subsec. (a) by refining definition of the term "public official" and by defining "political party officer"; P.A.
82-76 deleted requirement that commissioner of administrative services approve payment of expenses of members; P.A.
84-511 amended section to change name of state elections commission to elections enforcement commission; P.A. 86-99
amended Subsec. (d) by deleting reference to repealed Sec. 9-348l and inserting reference to Sec. 9-333y; P.A. 87-469
added Subsec. (g), allowing complainant or respondent to apply to court for order to show cause if commission does not
act on complaint within 60 days; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district
of Hartford", effective September 1, 1991; P.A. 90-98 changed effective date of P.A. 88-230 from September 1, 1991, to
September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996,
effective June 14, 1993; P.A. 94-102 amended Subsec. (e) by adding Subdivs. (1) to (4) re political activity restrictions of
commission members and employees notwithstanding Secs. 5-266a and 5-266b; P.A. 95-220 changed the effective date
of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 06-187 amended Subsec. (a)
to increase rate of compensation for commission members from $50 to $200 per day for regular commission meeting or
hearing, effective May 26, 2006.
Cited. 224 C. 29.
Subsec. (a):
Composition of Elections Enforcement Commission as provided by this subsec. and Sec. 9-7b(a) does not violate
separation of powers doctrine. 255 C. 78.