Sec. 9-7b. (Formerly Sec. 9-368b). State Elections Enforcement Commission's duties and powers.
Sec. 9-7b. (Formerly Sec. 9-368b). State Elections Enforcement Commission's
duties and powers. (a) 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 relating to any election or referendum, any primary held
pursuant to section 9-423, 9-425 or 9-464 or any primary held pursuant to a special act,
and to hold hearings when the commission deems necessary to investigate violations
of any provisions of the general statutes 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
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 9-150a and 9-150b and any other record, form or document as
provided in section 9-150b, 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, 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 (A) two thousand dollars per offense against
any person the commission finds to be in violation of any provision of chapter 145, part
V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection
(a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g,
9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive,
9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h,
inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town
clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters,
or any other election or primary official whom the commission finds to have failed to
discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand
dollars per offense against any person the commission finds to have (i) improperly voted
in any election, primary or referendum, and (ii) not been legally qualified to vote in
such election, primary or referendum, or (D) two thousand dollars per offense or twice
the amount of any improper payment or contribution, whichever is greater, against any
person the commission finds to be in violation of any provision of chapter 155 or 157.
The commission may levy a civil penalty against any person under subparagraph (A),
(B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard
at 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, on application of the commission, may issue
an order requiring such person to pay the penalty imposed and such court costs, state
marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this
subdivision for a violation of any provision of chapter 155 applying to the office of the
Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section
3-13c, affected by such violation;
(3) (A) 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 155 or 157, 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 or the Citizens' Election Fund, whichever is deemed
necessary to effectuate the purposes of chapter 155 or 157, as the case may be;
(B) To issue an order when the commission finds that an intentional violation of
any provision of chapter 155 or 157 has been committed, after an opportunity to be
heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive,
which order may contain one or more of the following sanctions: (i) Removal of a
campaign treasurer, deputy campaign treasurer or solicitor; (ii) prohibition on serving
as a campaign treasurer, deputy campaign treasurer or solicitor, for a period not to exceed
four years; and (iii) in the case of a party committee or a political committee, suspension
of all political activities, including, but not limited to, the receipt of contributions and
the making of expenditures, provided the commission may not order such a suspension
unless the commission has previously ordered the removal of the campaign treasurer
and notifies the officers of the committee that the commission is considering such suspension;
(C) To issue an order revoking any person's eligibility to be appointed or serve as
an election, primary or referendum official or unofficial checker or in any capacity at
the polls on the day of an election, primary or referendum, when the commission finds
such person has intentionally violated any provision of the general statutes relating to
the conduct of an election, primary or referendum, after an opportunity to be heard at
a hearing conducted in accordance with sections 4-176e to 4-184, inclusive;
(D) To issue an order to enforce the provisions of the Help America Vote Act, P.L.
107-252, as amended from time to time, as the commission deems appropriate;
(E) To issue an order following the commission's determination of the right of an
individual to be or remain an elector when such determination is made (i) pursuant to
an appeal taken to the commission from a decision of the registrars of voters or board
of admission of electors under section 9-31l, or (ii) following the commission's investigation pursuant to subdivision (1) of this subsection;
(F) To issue a cease and desist order for violation of any general statute or regulation
under the commission's jurisdiction and to take reasonable actions necessary to compel
compliance with such statute or regulation;
(4) To issue an order to a candidate committee that receives moneys from the Citizens' Election Fund pursuant to chapter 157, to comply with the provisions of chapter
157, after an opportunity to be heard at a hearing conducted in accordance with the
provisions of sections 4-176e to 4-184, inclusive;
(5) 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 155 or 157 and to audit any such election, primary or referendum held within
the state; provided, (A) (i) not later than two months preceding the day of an election
at which a candidate is seeking election, the commission shall complete any audit it has
initiated in the absence of a complaint that involves a committee of the same candidate
from a previous election, and (ii) during the two-month period preceding the day of an
election at which a candidate is seeking election, the commission shall not initiate an
audit in the absence of a complaint that involves a committee of the same candidate
from a previous election, and (B) the commission shall not audit any caucus, as defined
in subdivision (1) of section 9-372;
(6) To attempt to secure voluntary compliance, by informal methods of conference,
conciliation and persuasion, with any provision of chapter 149, 151 to 153, inclusive,
155, 156 or 157 or any other provision of the general statutes relating to any such election,
primary or referendum;
(7) 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;
(8) To refer to the Chief State's Attorney evidence bearing upon violation of any
provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of
the general statutes pertaining to or relating to any such election, primary or referendum;
(9) To refer to the Attorney General evidence for injunctive relief and any other
ancillary equitable relief in the circumstances of subdivision (8) of this subsection.
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;
(10) 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, primary or 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;
(11) To consult with the United States Department of Justice and the United States
Attorney for Connecticut on any investigation pertaining to a violation of this section,
section 9-12, subsection (a) of section 9-17 or section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35,
9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to said department and
attorney evidence bearing upon any such violation for prosecution under the provisions
of the National Voter Registration Act of 1993, P.L. 103-31, as amended from time
to time;
(12) To inspect reports filed with town clerks pursuant to chapter 155 and refer to
the Chief State's Attorney evidence bearing upon any violation of law therein if such
violation was committed knowingly and wilfully;
(13) 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;
(14) To adopt and publish regulations pursuant to chapter 54 to carry out the provisions of section 9-7a, this section, and chapters 155 and 157; to issue upon request and
publish advisory opinions in the Connecticut Law Journal upon the requirements of
chapters 155 and 157, and to make recommendations to the General Assembly concerning suggested revisions of the election laws;
(15) 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 1-210, provided
nothing in this section shall be construed to exempt the Elections Enforcement Commission in any other respect from the requirements of the Freedom of Information Act, as
defined in section 1-200;
(16) 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;
(17) 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;
(18) To receive and determine complaints filed under the Help America Vote Act,
P.L. 107-252, as amended from time to time, by any person who believes there is a
violation of any provision of Title III of P.L. 107-252, as amended. Any complaint filed
under this subdivision shall be in writing, notarized and signed and sworn by the person
filing the complaint. At the request of the complainant, there shall be a hearing on the
record, conducted in accordance with sections 4-167e to 4-184, inclusive. The commission shall make a final determination with respect to a complaint prior to the expiration of
the ninety-day period beginning on the date the complaint is filed, unless the complainant
consents to a longer period for making such determination. If the commission fails to
meet the applicable deadline under this subdivision with respect to a complaint, the
commission shall resolve the complaint within sixty days after the expiration of such
ninety-day period under an alternative dispute resolution procedure established by the
commission.
(b) In the case of a refusal to comply with an order of the commission issued pursuant
to subdivision (3) or (4) of subsection (a) of this section, the superior court for the judicial
district of Hartford, 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.
(P.A. 74-213, S. 2, 9; P.A. 75-202; 75-571, S. 32, 34; P.A. 76-249; P.A. 78-61, S. 1-4; 78-88, S. 1, 2; 78-106; 78-280,
S. 6, 127; P.A. 79-363, S. 32, 38; 79-631, S. 6, 111; P.A. 80-212, S. 1, 4; P.A. 81-359, S. 1, 2; 81-447, S. 18, 23; P.A. 82-472, S. 23, 183; P.A. 83-583, S. 1, 6; P.A. 84-319, S. 4, 49; 84-437, S. 1, 4; 84-511, S. 3, 15; P.A. 85-489, S. 1; P.A. 86-1, S. 1, 5; 86-412, S. 1, 2; P.A. 87-532, S. 1, 10; P.A. 88-113; 88-230, S. 1, 12; 88-317, S. 52, 107; 88-347, S. 3, 4; P.A.
90-98, S. 1, 2; P.A. 93-30, S. 8, 14; 93-142, S. 4, 7, 8; 93-192, S. 1, 3; 93-386, S. 3, 5; P.A. 94-121, S. 31, 33; P.A. 95-122, S. 1; 95-220, S. 4-6; P.A. 97-47, S. 17; 97-107, S. 1, 2; 97-154, S. 2, 27; P.A. 00-43, S. 10, 19; P.A. 01-195, S. 15,
181; P.A. 03-223, S. 2; 03-241, S. 53, 65; P.A. 04-74, S. 4; P.A. 05-235, S. 6; Oct. 25 Sp. Sess. P.A. 05-5, S. 42; P.A. 08-2, S. 1.)
History: P.A. 75-202 inserted new Subsec. (c) providing for securing of voluntary compliance with election statutes
and relettered former Subsec. (c) as (d) and all following Subsecs.; P.A. 75-571 made technical change; P.A. 76-249 added
new Subsec. (h) providing that elections commission be deemed a law enforcement agency for certain purposes under
freedom of information act, but not for other requirements of that act; in 1977 Sec. 9-368b was transferred to Sec. 9-7b;
P.A. 78-61 in Subsecs. (a), (c), (d) and (h) substituted provisions relating to any election, primary or referendum where
word "elections" previously occurred; P.A. 78-88 added new Subsec. (i) authorizing commission to enter into contractual
agreements; P.A. 78-106 in Subsec. (d) inserted new provision authorizing consultation with secretary of the state, chief
state's attorney or the attorney general, relettering former Subsec. (d) as (e) and (e) as (f), in relettered Subsec. (f) added
"and any other ancillary equitable relief", added new Subsec. (g) authorizing referral to attorney general of evidence
pertaining to ruling by election officials found to be in error in connection with election, primary or referendum and
relettered former Subsec. (f) as (h) and following Subsecs. accordingly; P.A. 78-280 replaced Hartford county with judicial
district of Hartford-New Britain in Subsec. (a); P.A. 79-363 in Subsec. (b) following "to inspect" added "or audit"; P.A.
79-631 made technical changes; P.A. 80-212 changed Subsec. (a) to Subdiv. (1), inserted new Subdiv. (2) providing for
civil penalty not to exceed $1,000 and its enforcement, changed Subsec. (b) to Subdiv. (3) and remaining Subsecs. changed
accordingly and in Subdiv. (9) added "if such violation was committed knowingly and wilfully"; P.A. 81-359 amended
Subdiv. (2) to permit imposition of civil penalty for violation of laws pertaining to circulation of petitions and casting of
absentee ballots and Subdiv. (10) to allow publication of advisory opinions in the Connecticut Law Journal; P.A. 81-447
made technical correction in Subsec. (3); P.A. 82-472 made a technical correction; P.A. 83-583 inserted new Subdiv. (10)
empowering the state elections commission to intervene in certain actions upon application to the court in order to preserve
evidence, renumbering former Subdivs. (10) to (12) accordingly; P.A. 84-319 added new Subdiv. requiring that copies of
decisions, judgments and opinions be provided to the secretary of the state; P.A. 84-437 gave power to commission to
order return of illegal contributions to donor or payor or payment into state's general fund in new Subdiv. (3), renumbering
former Subdivs. (3) to (13) accordingly; P.A. 84-511 changed name of elections commission to elections enforcement
commission; P.A. 85-489 amended Subdiv. (1) to empower the commission to subpoena municipal clerks and require the
production of absentee ballots, records, forms or other documents to which the investigation relates; P.A. 86-1 amended
Subdiv. (1) to empower commission to issue order to municipal clerk to impound voting machine; P.A. 86-412 amended
Subdiv. (2) to allow commission to levy a civil penalty for violations of statutes re conduct of elections, voting machines,
handicapped voters and primary officials; P.A. 87-532 amended Subdiv. (1) to make provisions applicable to all primaries
instead of "any primary held for the purpose of selecting a nominee for public office"; P.A. 88-113 amended Subdiv. (8)
by providing that the Subdiv. does not preclude person who claims he is aggrieved by violation of referenda statute from
pursuing equitable relief directly from superior court; P.A. 88-230 replaced "judicial district of Hartford-New Britain"
with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended references to Secs. 4-177 to 4-184
in Subdivs. (2) and (3) and reference to Ch. 54 in Subdiv. (12) to include new sections added to Ch. 54, effective July 1,
1989, and applicable to all agency proceedings commencing on or after that date; P.A. 88-347 amended Subdiv. (2) to
permit imposition of civil penalty for violation of Secs. 9-23g, 9-23h and 9-23i; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-30 made technical changes in Subdivs. (1) and (2),
effective July 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. 93-192 amended Subdiv. (2) to increase maximum civil penalty from $1,000 to $2,000,
effective July 1, 1993, and applicable to violations committed on or after that date; P.A. 93-386 made a technical change
in Subdiv. (2), effective January 1, 1994; P.A. 94-121 amended Subdiv. (2) by inserting "9-7b or 9-12, subsection (a) of
section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a," and "9-23j to 9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59," inserted new Subdiv. (10) re duties and powers re voter
registration and National Voter Registration Act of 1993 violations, and renumbered remaining Subdivs. accordingly,
effective January 1, 1995; P.A. 95-122 amended Subdiv. (2) to authorize commission to levy civil penalties for violations
of Ch. 148 and Secs. 9-170, 9-171 and 9-172 and to authorize court to order payment of court costs, sheriff's fees and
attorney's fees; 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. 97-47 amended Subdiv. (14) by substituting "the Freedom of Information Act, as defined in
Sec. 1-18a" for list of sections; P.A. 97-107 lettered existing section as Subsec. (a), amended Subsec. (a)(2) to designate
as Subpara. (A) language re penalties for violating a provision of the general statutes, to delete in Subpara. (A) reference
to Ch. 150 and to add new Subpara. (B) re penalties for violating Ch. 150, amended Subsec. (a)(3) to designate existing
language as Subpara. (A) and to delete provision re failure to comply with order and insert same provision in new Subsec.
(b), also amended Subsec. (a)(3) to add new Subpara. (B) authorizing commission to issue orders for intentional violations
and to add new Subpara. (C) authorizing commission to revoke person's eligibility to serve as official or checker, and
added new Subsec. (b) re failure to comply with order, effective July 1, 1997; P.A. 97-154 amended Subdiv. (1) by
substituting "primary held pursuant to section 9-423, 9-424, 9-425 or 9-464 or any primary held pursuant to a special act"
for "primary" and amended Subdiv. (9) for consistency, effective July 1, 1997; P.A. 00-43 amended Subdiv. (2) to provide
for deposit of penalties for violations involving Treasurer's office, effective May 3, 2000; P.A. 01-195 substituted "state
marshal's" for "sheriff's" in Subsec. (a)(2), effective July 11, 2001; P.A. 03-223 amended Subsec. (a)(4) by adding Subpara.
(A) re completion and initiation of audits, designating existing proviso as Subpara. (B) and making a technical change,
effective July 1, 2003; P.A. 03-241 amended Subsec. (a)(1) by deleting reference to a repealed section and amended Subsec.
(a)(2)(A) by authorizing commission to levy civil penalty for violation of Secs. 9-404a to 9-404c, inclusive, effective
January 1, 2004, and applicable to primaries and elections held on or after that date, and added Subsec. (a)(3)(B)(iii)
authorizing order suspending political activities of party committee or political committee, effective July 1, 2003; P.A.
04-74 amended Subsec. (a)(2)(A) by adding reference to Secs. 9-232i to 9-232o, inclusive, and Sec. 9-23r, amended Subsec.
(a)(3) by adding Subpara. (D) re duties and powers to issue an order to enforce the Help America Vote Act, made a technical
change in Subsec (a)(8) and further amended Subsec. (a) by adding Subdiv. (17) re duties and powers to receive and
determine complaints filed under the Help America Vote Act, effective May 10, 2004; P.A. 05-235 amended Subsec. (a)(2)
by adding reference to Sec. 7-9, adding new Subpara. (B) re power to levy civil penalty for failure of official to discharge
a duty imposed by Ch. 146 or 147, adding new Subpara. (C) re power to levy civil penalty against a person improperly
voting or not legally qualified to vote, and making conforming changes, and amended Subsec. (a)(3) by adding Subpara.
(E) re power to issue order concerning right of individual to be or remain an elector, effective July 1, 2005; Oct. 25 Sp.
Sess. P.A. 05-5 amended Subsec. (a) by adding references to Secs. 9-700 to 9-716, inclusive, adding new Subdiv. (4) re
order to comply with Secs. 9-700 to 9-716, inclusive, redesignating existing Subdivs. (4) to (17) as Subdivs. (5) to (18),
and adding reference to Secs. 9-700 to 9-716, inclusive, in redesignated Subdiv. (14), effective December 31, 2006, and
applicable to elections held on or after that date; P.A. 08-2 replaced references to "sections 9-700 to 9-716, inclusive" with
references to chapter 157 and added references to chapters 155 and 157 throughout section, amended Subsec.(a)(3)(A) to
add ability to make deposit in Citizens' Election Fund, added Subsec. (a)(3)(F) re issuance of cease and desist order for
violation of any general statute or regulation under commission's jurisdiction and ability to take reasonable actions necessary to compel compliance with such statute or regulation, amended Subsec. (a)(12) to eliminate reference to Secretary of
the State and amended Subsec. (b) to add reference to Subsec. (a)(4), effective April 7, 2008.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Cited. 204 C. 551.
Subsec. (a):
Composition of Elections Enforcement Commission as provided by this subsec. and Sec. 9-7a(a) does not violate
separation of powers doctrine. 255 C. 78.