§11-193 - Duties of the commission.

§11-193 Duties of the commission. (a)
The duties of the commission under this subpart are:

(1) To develop and adopt reporting forms required by
this subpart;

(2) To adopt and publish a manual for all candidates
and committees, describing the requirements of this subpart, including uniform
and simple methods of recordkeeping;

(3) To preserve all reports required by this subpart
for at least ten years from the date of receipt;

(4) To permit the inspection, copying, or duplicating
of any report required by this subpart pursuant to rules adopted by the
commission; provided that no information or copies from the reports shall be
sold or used by any person for the purpose of soliciting contributions or for
any commercial purpose;

(5) To ascertain whether any candidate, committee, or
party has failed to file a report required by this subpart or has filed a
substantially defective or deficient report, and to notify these persons by
first class mail that their failure to file or filing of a substantially defective
or deficient report must be corrected and explained, and that a penalty may be
assessed. All penalties collected under this section shall be deposited in the
general fund of the State;

(6) To hold public hearings;

(7) To investigate and hold hearings for receiving
evidence of any violations;

(8) To adopt a code of fair campaign practices as a
part of its rules;

(9) To establish rules pursuant to chapter 91;

(10) To request the initiation of prosecution for the
violation of this subpart pursuant to section 11-229;

(11) To administer and monitor the distribution of
public funds under this subpart;

(12) To suggest accounting methods for candidates,
parties, and committees, as the commission may deem advisable, in connection
with reports and records required by this subpart;

(13) To employ or contract, without regard to chapters
76, 78, and 89 and section 28-8.3, and, at pleasure, to dismiss persons it
finds necessary for the performance of its functions, including a full-time
executive director, and to fix their compensation;

(14) To do random audits, field investigations, as
necessary;

(15) To file for injunctive relief when indicated; and

(16) To render advisory opinions upon the request of
any candidate, candidate committee, noncandidate committee, or other person or
entity subject to this chapter, as to whether the facts and circumstances of a
particular case constitute or will constitute a violation of the campaign
spending laws. If no advisory opinion is rendered within ninety days after all
information necessary to issue an opinion has been obtained, it shall be deemed
that an advisory opinion was rendered and that the facts and circumstances of
that particular case do not constitute a violation of the campaign spending
laws. The opinion rendered or deemed rendered, until amended or revoked, shall
be binding on the commission in any subsequent charges concerning the
candidate, candidate committee, noncandidate committee, or other person or
entity subject to this chapter, who sought the opinion and acted in reliance on
it in good faith, unless material facts were omitted or misstated by the
persons in the request for an advisory opinion. Nothing in this section shall
be construed to allow the commission to issue rules through an advisory opinion.

(b) In performing the functions and duties
under this subpart, the commission may subpoena witnesses, examine them under
oath, and require the production of books, papers, documents, or objects, to
the commission office at any place in the State whether or not the subpoena is
in connection with any hearing; provided that the person or documents
subpoenaed shall be relevant to a matter under study or investigation by the
commission. The books, papers, documents, or objects may be retained by the commission
for a reasonable period of time for the purpose of examination, audit, copying,
testing, and photographing. The subpoena power shall be exercised by the
chairperson of the commission, or such other person as the chairperson may
designate. Upon application of the commission, obedience to the subpoena shall
be enforced by the circuit court in the county where the person subpoenaed
resides or is found in the same manner as a subpoena issued by a circuit court.

(1) Make direct communications with the governor and
legislature;

(2) Make all decisions regarding employment,
appointment, promotion, transfer, demotion, discharge, and job descriptions of
all officers and employees of or under the jurisdiction of the commission
without the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniture
without the approval of the comptroller.

The commission shall follow all applicable
personnel laws. [L 1979, c 224, pt of §2; am L 1980, c 232, §1; gen ch 1985; am
L Sp 1993, c 8, §53; gen ch 1993; am L Sp 1995, c 10, §2(4) superseding L Sp
1995, c 27, §§6, 15; am L 1996, c 13, §21; am L 1997, c 2, §1 and c 375, §3; am
L 1999, c 96, §2; am L 2000, c 253, §150; am L 2004, c 57, §4; am L 2005, c
203, §3; am L 2008, c 244, §25]

Case Notes

Where defendants argued that plaintiff waived constitutional
right to free speech by voluntarily signing Code of Fair Campaign Practices
(Code), plaintiff did not waive ability to assert First Amendment rights;
campaign spending commission's (commission) administrative decision did not
have preclusive effect on the court proceeding; Code unconstitutionally
burdened protected speech; commission's censure of plaintiff violated
plaintiff's First Amendment rights to free speech. 135 F. Supp. 2d 1114.