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Substitute House Bill No. 5352
Public Act No. 26-133
AN ACT CONCERNING THE AUTHORITY OF THE STATE
ELECTIONS ENFORCEMENT COMMISSION AND MANDATORY
DISMISSAL OF COMPLAINTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (g) of section 9-7a of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(g) (1) (A) In the case of a written complaint filed with the commission
pursuant to section 9-7b, commission staff shall conduct and complete a
preliminary examination of such complaint by the fourteenth day
following its receipt, at which time such staff shall, at i ts discretion, (i)
dismiss the complaint for failure to allege any substantial violation of
state election law supported by evidence, (ii) engage the respondent in
discussions in an effort to speedily resolve any matter pertaining to a de
minimis violation, or (iii) investigate and docket the complaint for a
determination by the commission that probable cause or no probable
cause exists for any such violation. If commission staff dismisses a
complaint pursuant to subparagraph (A)(i) of this subd ivision, such
staff shall provide a brief written statement concisely setting forth the
reasons for such dismissal. If commission staff engages a respondent
pursuant to subparagraph (A)(ii) of this subdivision but is unable to
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speedily resolve any such matter described in said subparagraph by the
forty-fifth day following receipt of the complaint, such staff shall docket
such complaint for a determination by the commission that probable
cause or no probable cause exists for any violation of state election law.
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 any violation 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.
(B) (i) For any complaint received on or after January 1, 2018, if the
commission does not, by one year following receipt of such complaint,
issue a decision thereon, the commission shall dismiss such complaint,
provided the length of time of any delay caused by ( I) the commission
or commission staff granting any extension or continuance to a
respondent prior to the issuance of any such decision, (II) any subpoena
issued in connection with such complaint, (III) any litigation in state or
federal court related to such complaint, or (IV) any investigation by, or
consultation of the commission or commission staff with, the Chief
State's Attorney, the Attorney General, the United States Department of
Justice or the United States Attorney for Connecticut related to such
complaint, shall be added to such one year.
(ii) The provisions of subparagraph (B)(i) of this subdivision shall not
apply to any complaint received on or after July 1, 2024, that relates to a
potential violation of state election law by a foreign national , or to any
complaint received on or after October 1, 2026, that relates to a potential
violation of any provision of chapter 151.
(C) For any complaint received on or after July 1, 2024, if the
commission does not, by the ninetieth day following the commission's
determination that probable cause exists for any violation of state
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election laws, issue a decision on such complaint, the commission shall
refer such complaint to the Chief State's Attorney pursuant to
subdivision (8) of subsection (a) of section 9 -7b for further enforcement
action. Not later than twelve months after the referral to the Chief State's
Attorney of any complaint under this subdivision, or not later than the
expiration of the period of time prescribed by section 54 -193 for the
violation of state election laws alleged in any such complaint, whichever
occurs first, the Chief State's Attorney shall submit a report to the joint
standing committees of the General Assembly having cognizance of
matters relating to elections and the judiciary, in accordance with the
provisions of section 11 -4a, detailing the status of any enforcement
action related to such referred complaint.
(2) In the case of a statement filed by the Secretary of the State with
the commission pursuant to section 9 -7b on or after July 1, 2015, if the
commission does not, by the thirtieth day following such filing, make a
determination to investigate such statement and, by the ninetieth day
following such filing, complete any investigation of such statement and
issue a decision, the Secretary 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 statement and to provide evidence
that the commission has unreasonably delayed action.
(3) Any judicial proceeding pursuant to subdivision (1) or (2) of this
subsection 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: (A)
Continue to proceed pursuant to section 9 -7b, (B) act by a date certain,
or (C) refer the complaint or statement to the Chief State's Attorney.
Nothing in this subsection shall require the commission, in any
proceeding brought pursua nt 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
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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 ap peal of the decision with
the Appellate Court.