SB 936

Formal complaints concerning election law violations

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 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 that the Elections Commission resolve each complaint filed

with the commission no later than 60 days after receiving the complaint unless the

commission, by an affirmative vote of two-thirds of the members, approves

extending that time by an additional 60-day period. The bill allows the commission

to adopt more than one 60-day extension. Under the bill, during the 60-day period

and any extension of that period, the commission must determine, by an affirmative

vote of two-thirds of the members, whether to dismiss the complaint; initiate an

investigation; or grant the relief, in whole or in part, requested by the complainant.

If the commission fails to dismiss a complaint, the commission must initiate an

investigation or refer the matter to the attorney general or to a district attorney.

Finally, under the bill, a person who alleges that an action of the commission violated

or resulted in the violation of election laws may file a complaint and commence suit

in the circuit court for any county where the alleged violation occurred.

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

of any complaint received by the commission, along with documentation specifying

how the complaint was resolved, 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