Election complaints would face deadlines and possible court review

Commission staff must review each written election complaint and choose whether to dismiss it, seek a quick resolution, or investigate it for a commission decision. This applies to written complaints filed with the State Elections Enforcement Commission under section 9-7b. Staff may dismiss a complaint only when it does not allege a substantial election-law violation supported by evidence. Staff must give a brief written explanation for a dismissal. If staff cannot quickly resolve a minor violation, staff must send the complaint to the commission for a probable-cause decision. The commission must dismiss a complaint that remains undecided for one year, but certain delays extend that period. The one-year dismissal rule does not apply to covered complaints involving a foreign national or provisions of chapter 151. Staff must complete the first review by the fourteenth day after receiving the complaint. An unresolved quick-resolution matter must be docketed by the forty-fifth day. The dismissal rule applies one year after receipt, with specified delay periods added.

The commission must refer certain unresolved complaints to the Chief State’s Attorney, who must report on the enforcement action to legislative committees. This applies to complaints received on or after July 1, 2024, when the commission finds probable cause but does not issue a decision within 90 days. The Chief State’s Attorney must report the status of the enforcement action to the legislative committees that oversee elections and the judiciary. The report deadline is the earlier of twelve months after referral or the end of the criminal-law time limit for the alleged violation. The commission must refer the complaint after 90 days without a decision following its probable-cause finding. The Chief State’s Attorney must report by the earlier applicable deadline.

A complainant, respondent, or the Secretary of the State may ask Hartford Superior Court to order an explanation when the commission misses specified action deadlines. The court process covers election complaints and statements filed by the Secretary of the State with the commission. For a complaint, the applicant must show that the commission unreasonably delayed action. The court may order the commission to keep working, act by a set date, or refer the matter to the Chief State’s Attorney. The commission does not have to disclose records that state disclosure law protects from release. A party may appeal the court’s decision to the Appellate Court within seven days. A complainant or respondent may apply after 60 days without a commission decision or probable-cause determination. For a Secretary of the State statement, the Secretary may apply after the commission misses the 30-day investigation decision deadline or the 90-day investigation and decision deadline.