Reorganizing the Government Accountability Board, requiring the exercise of rule-making authority, and making appropriations. (FE)

This bill eliminates the GAB and replaces it with an Elections Commission, which administers and supervises elections, and an Ethics Commission, which administers and supervises ethics, campaign financing, and lobbying regulation.

Under the bill, the Elections Commission consists of at least six persons, who serve five-year terms:

1) One individual appointed by the majority leader in the senate;

2) One individual appointed by the minority leader in the senate;

3) One individual appointed by the speaker of the assembly.

4) One individual appointed by the minority leader of the assembly; and 5) Two former municipal or county clerks, selected by the leadership in both houses and nominated by the governor with the advice and consent of the senate confirmed.

In addition, the bill requires the appointment to the Elections Commission of one member for each political party, other than the two major political parties, qualifying for a separate ballot whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election. The individual must be nominated by the governor from a list of three individuals selected by the chief officer of that political party.

The Ethics Commission consists of at least six persons who serve five-year terms:

1) One individual appointed by the majority leader in the senate;

2) One individual appointed by the minority leader in the senate;

3) One individual appointed by the speaker of the assembly;

4) One individual appointed by the minority leader of the assembly; and 5) Two individuals selected by the leadership in both houses and nominated by the governor with the advice and consent of the senate confirmed.

In addition, the bill requires the appointment to the Ethics Commission of one member for each political party, other than the two major political parties, qualifying for a separate ballot whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election. The individual must be nominated by the governor from a list of three individuals selected by the chief officer of that political party and confirmed by a majority of the senate.

Currently, the chairperson of the board is selected by lot by the current chairperson. Under the bill, the chairperson of each commission is chosen by the affirmative vote of at least a majority of the members of the commission.

Currently, the GAB is required to employ an individual to serve as legal counsel to perform legal and administrative functions for the board. The bill eliminates the requirement that either commission hire legal counsel.

Ethics Commission Under the bill, the Ethics Commission is supervised by an administrator who is appointed by at least a majority of the members of the commission. The administrator is appointed with the advice and consent of the senate to serve for a four-year term expiring on July 1 of the odd-numbered year.

Elections Commission Under the bill, the Elections Commission is supervised by an administrator who is appointed by at least a majority of the members of the commission. The administrator is appointed with the advice and consent of the senate to serve for a four-year term expiring on July 1 of the odd-numbered year. The bill also provides that the administrator of the Elections Commission, rather than an employee that the commission designates, is the chief election officer of this state.

Investigations Currently, the GAB must investigate violations of laws administered by the GAB and may prosecute alleged civil violations. Current law permits the board to refer a matter to a district attorney, special prosecutor, or to the attorney general.

This bill provides that, except for violations that result in a payment not exceeding $2,500, the Elections and Ethics commissions may only investigate violations of laws administered by the respective commissions upon the filing of a sworn complaint with the respective commission. The bill prohibits any member of either commission or any employee of either commission from filing such a sworn complaint.

If, during the course of an ongoing investigation, either the Elections Commission or the Ethics Commission determines that it needs additional funding, that commission must make a request to the Joint Committee on Finance and the secretary of administration. The commission must include in its request information about the nature of the investigation for which additional funding is sought, excluding the name of any individual or organization that is the subject of the investigation.

Advisory Opinions Current law permits any individual, organization, or governmental body to request an advisory opinion from the GAB; in response, the GAB may issue a formal or an informal advisory opinion. If the board issues an opinion on an elections matter, the board must make the opinion and records about the opinion public.

Current law prohibits the board from revealing the identify of or releasing information obtained in connection with any advisory opinion requested by an individual or organization on an ethics or accountability matter unless the individual or organization consents to the release of that information. This bill requires the Ethics Commission to make this information, other than the name of the individual, organization, or governmental body making the request, public when it relates to a formal advisory opinion issued by the Ethics Commission.

Current law requires the GAB to biennially submit to the legislature a report on the performance and operation of the GAB during the preceding biennium. This bill requires the Elections and Ethics commissions to submit annual reports to the legislature and to include in those reports information about the number of investigations conducted, a description of the nature of the investigation, and, in the case of the Ethics Commission, whether the investigation related to campaign finance, ethics, or lobbying.

Transitional Provisions Under the bill, all full-time equivalent positions currently authorized for GAB are transferred to the Elections and Ethics commissions. All incumbents in those positions except the director and general counsel of GAB are also transferred. In addition, the bill transfers the assets and liabilities, tangible personal property, contracts, rules, orders, formal opinions, and pending matters of GAB to the Elections and Ethics commissions. The bill directs the secretary of administration to determine which positions, employees, assets and liabilities, property, contracts, rules, orders, opinions, and matters are transferred to which commission and to adopt an implementation plan for the transfer containing his or her determinations.