SB 432

Under current law, any person may file a complaint with the Elections

Commission alleging a violation of election laws by a voter or an election official. The

commission may only initiate an investigation of an alleged violation of election laws

based on a sworn complaint filed with the commission. Neither the commission nor

the members or employees of the commission, including the administrator, may file

a sworn complaint for the purposes of initiating an investigation. In addition,

current law authorizes any eligible voter to file a complaint with the commission

requesting the commission to compel an election official to conform his or her conduct

to the law or to restrain the official from taking any action inconsistent with the law.

Current law also authorizes a person to file a complaint with the commission

indicating that the person believes a violation of the federal Help America Vote Act

regarding an election for a national office in this state occurred, is occurring, or is

proposed to occur.

Current law prohibits public access to records obtained or prepared by the

Elections Commission in connection with an investigation, including the full text of

any complaint filed with the commission, with certain exceptions. For example, the

commission must provide such records to the Joint Committee on Finance in order

to receive supplemental funds for an ongoing investigation. In addition, the

commission must provide investigatory records to the Legislative Audit Bureau to

the extent necessary for the bureau to carry out its duties.

This bill requires the Elections Commission to provide a copy of the full text of

any complaint received by the commission to the representative of the assembly of

the assembly district and the senator of the senate district where the violation

alleged in the complaint occurred, is occurring, or is proposed to occur and to the

cochairpersons of the legislative standing committees with jurisdiction over

elections no later than 30 days after receiving the complaint. In addition, the

commission must provide to the aforementioned persons documentation specifying

how each such complaint was resolved no later than 30 days after the complaint was

resolved.