2321 AMS ROAC GORR 048

HB 2321 - S AMD

    By Senator Roach

    On page 5, line 20, after "notice." insert the following:

    "(5) Any person who, within the time period beginning forty-five days before an election and running through the fifth day before an election, is the subject of a complaint filed with the public disclosure commission or the subject of a notification under subsection (4) of this section, may notify the person making the complaint or providing the notification that it is their desire to have a speedy adjudication in order to settle the complaint in a timely manner during the campaign.  It is then the obligation of the person making the complaint or providing the notification to file a formal complaint before the close of the next business day with the superior court in the county in which the violation occurred, providing a copy of the complaint and all evidence supporting the complaint to the subject of the complaint before the time of filing or, alternatively, delivering a copy of the complaint and all evidence supporting the complaint to the superior court at least one hour before the close of business on the day the complaint is filed, for transmission to the subject of the complaint.  The superior court shall schedule a hearing no later than the third business day after the complaint is filed, and shall render a decision on the complaint before the close of business on the day of the hearing.  Any case brought under this subsection shall also be considered a citizen's action.

(6)"

    On page 5, line 28, strike "(5)" and insert "(((5))) (7)"

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EFFECT: Establishes a process for speedily adjudicating complaints filed in the time period preceding elections.