Connecticut HB 5352: AN ACT CONCERNING THE AUTHORITY OF THE STATE ELECTIONS ENFORCEMENT COMMISSION AND MANDATORY DISMISSAL OF COMPLAINTS.

Bill Text

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general  statutes  is  repealed  and  the  following  is  substituted  in  lieu 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 its 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  subdivision,  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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Public Act No. 26-133 2 of 4 
 
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