Amends TCA Title 2, Chapter 11 and Title 2, Chapter 12.
This bill establishes a process by which a person may file a complaint with the state election commission alleging neglect of duty or malfeasance by a member of the state election commission or a county election commission. This bill requires that the complaint be filed with the chair of the state election commission. The chair must present the complaint to the commission at the next regularly scheduled meeting of the commission with a quorum present for a preliminary hearing on the complaint. The chair must give the interested parties no less than 10 days' notice of the hearing. Each party will be entitled to present evidence in support of the party's position as to whether sufficient evidence exists to warrant a formal show cause hearing. After presentation of the complaint and all evidence in support of or against it, the commission must vote on whether to conduct a formal show cause hearing regarding whether to remove, discipline, or take no action against the member who is the subject of the complaint. If the commission votes to hold a show cause hearing, the commission must hold an ad hoc meeting within 20 days of the affirmative vote. If, after a show cause hearing, the commission finds that the member who is the subject of the complaint committed malfeasance or neglect of duty while in office, and the member exhausts all appeals under the contested case provisions of the Uniform Administrative Procedures Act, then the member's office will immediately be vacated and must be filled pursuant to present law.
This bill establishes a process by which a person may file a complaint with the state election commission alleging neglect of duty or malfeasance by a member of the state election commission or a county election commission. This bill requires that the complaint be filed with the chair of the state election commission. The chair must present the complaint to the commission at the next regularly scheduled meeting of the commission with a quorum present for a preliminary hearing on the complaint. The chair must give the interested parties no less than 10 days' notice of the hearing. Each party will be entitled to present evidence in support of the party's position as to whether sufficient evidence exists to warrant a formal show cause hearing. After presentation of the complaint and all evidence in support of or against it, the commission must vote on whether to conduct a formal show cause hearing regarding whether to remove, discipline, or take no action against the member who is the subject of the complaint. If the commission votes to hold a show cause hearing, the commission must hold an ad hoc meeting within 20 days of the affirmative vote. If, after a show cause hearing, the commission finds that the member who is the subject of the complaint committed malfeasance or neglect of duty while in office, and the member exhausts all appeals under the contested case provisions of the Uniform Administrative Procedures Act, then the member's office will immediately be vacated and must be filled pursuant to present law.
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