AN ACT CONCERNING THE POWERS AND DUTIES OF THE STATE ELECTIONS ENFORCEMENT COMMISSION.

AN ACT CONCERNING THE POWERS AND DUTIES OF THE STATE ELECTIONS ENFORCEMENT COMMISSION.

This bill expands the State Elections Enforcement Commission's (SEEC) power to investigate alleged election violations, impose penalties for such violations, and issue orders requiring violators to comply. It allows SEEC to refer evidence of election law regulation violations to the chief state's attorney in the same way that it can refer violations of the law.

It authorizes SEEC to ask the Hartford Superior Court to enforce its orders and authorizes the court to comply with the request. The commission may apply for an enforcement order only after giving the violator an opportunity for a hearing conducted as a contested case under the Uniform Administrative Procedures Act. SEEC may use informal methods to secure compliance with election-related regulations just as it can with election-related laws.

The bill authorizes SEEC to adopt regulations for electronically filing campaign finance statements. By law, candidate committees must disclose their campaign receipts and expenditures in a statement filed with SEEC based on a schedule set out in statute. Statewide candidates that raise or spend $ 250,000 or more during a campaign must file the statements electronically. Other candidate committees may file the statements electronically.

Lastly, the bill authorizes the attorney general to impose the same remedies as the Superior Court when ruling on cases referred by SEEC having to do with erroneous decisions by election officials in connection with an election, primary, or referendum. This means he can order a recount of votes, certify different election or primary results, and order a new referendum.

1. investigate alleged election, referenda, and primary law violations based on statements filed with it by registrars of voters (it may currently investigate on its own initiative or based on statements filed by town clerks or the secretary of the state or individual complaints);

2. investigate alleged violations of election, primary, and referenda regulations on its own initiative; based on statements filed by registrars of voters, town clerks, or the secretary of the state; or based on written complaints under oath from individuals;

3. hold hearings as part of investigations of regulation violations;

4. issue broader subpoenas for records by allowing it to compel the production of records, documents, or information in any format, rather than just books and papers;

5. order that voting tabulators, ballots, memory cards, and any component or process used to program the card be impounded until the investigation is completed (it may currently order that voting machines be impounded); and

6. issue the impoundment order to the registrars of voters, local official, or company that maintains custody (it may currently issue the order to town clerks).

By law, SEEC may impose a civil penalty of up to $ 2,000 per offense against anyone who violates certain specified election-related laws. The bill expands the SEEC's jurisdiction and allows it to impose this penalty on:

1. registrars of voters who fail to promptly update the statewide voter registry system,

2. election officials for failure to discharge a duty required by laws on elections and voting methods,

3. anyone who violates election-related regulations,

4. anyone who violates the federal Help America Vote Act, and

5. anyone who violates a commission order.

The bill allows SEEC to impose a penalty of $ 2,000 per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person it finds to be in violation of (1) the law on electronic filing of campaign finance statements, or (2) regulations on campaign finance, electronic filing, and the Citizens' Election Program (CEP). It can already impose this penalty for campaign finance and CEP law violations.

Just as it does currently, SEEC must provide an opportunity for a hearing before imposing penalties under the bill.

The bill allows SEEC, after a hearing, to issue orders requiring anyone who it finds received a contribution or payment in violation of campaign finance or CEP regulations to return it or give it to the General Fund or the Citizens' Election Fund (the funding source for the CEP). SEEC already has this authority with respect to violations of law.

It allows SEEC to issue orders for intentional violations of (1) campaign finance, CEP, and electronic filing regulations and (2) laws on electronic filing. As under current law, the orders would be issued after a hearing and may require the removal of certain campaign workers, prohibit people from serving as such workers, and suspend the political activities of party or political committees.

The bill allows SEEC, after a hearing, to revoke a person's eligibility to serve as an official or poll worker on the day of an election, primary, or referendum if it finds that he or she intentionally violated any regulation relating to the conduct of an election, primary, or referendum.

Lastly, it allows SEEC to order a candidate committee that receives money from the CEP to comply with CEP regulations.