§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 bythis subpart;

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

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

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

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

(6) To hold public hearings;

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

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

(9) To establish rules pursuant to chapter 91;

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

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

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

(13) To employ or contract, without regard to chapters76, 78, and 89 and section 28-8.3, and, at pleasure, to dismiss persons itfinds necessary for the performance of its functions, including a full-timeexecutive director, and to fix their compensation;

(14) To do random audits, field investigations, asnecessary;

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

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

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

(1) Make direct communications with the governor andlegislature;

(2) Make all decisions regarding employment,appointment, promotion, transfer, demotion, discharge, and job descriptions ofall officers and employees of or under the jurisdiction of the commissionwithout the approval of the comptroller; and

(3) Purchase all supplies, equipment, or furniturewithout the approval of the comptroller.

The commission shall follow all applicablepersonnel laws. [L 1979, c 224, pt of §2; am L 1980, c 232, §1; gen ch 1985; amL Sp 1993, c 8, §53; gen ch 1993; am L Sp 1995, c 10, §2(4) superseding L Sp1995, c 27, §§6, 15; am L 1996, c 13, §21; am L 1997, c 2, §1 and c 375, §3; amL 1999, c 96, §2; am L 2000, c 253, §150; am L 2004, c 57, §4; am L 2005, c203, §3; am L 2008, c 244, §25]

Case Notes

Where defendants argued that plaintiff waived constitutionalright 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 nothave preclusive effect on the court proceeding; Code unconstitutionallyburdened protected speech; commission's censure of plaintiff violatedplaintiff's First Amendment rights to free speech. 135 F. Supp. 2d 1114.