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Alabama Ethics Commission
§ 36-25-4
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At several stages during the review of a complaint, the matter may be closed due to insufficient facts.
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Alaska Legislative Ethics Committee
§ 24.60.170(c).
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The committee considers all complaints. If the complaint is not moved into the investigative stage and outright dismissed for lack of jurisdiction, or it is frivolous on its face, or because there is insufficient credible information that can be uncovered to warrant further investigation, or the committee determines that the allegations, if proven, would not give rise to a violation, the complaint is not made public.
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Alaska Public Offices Commission
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The Commission may dismiss complaints based on a finding that the respondent has not engaged in an act or practice that constitutes a violation. There is no separate procedure or statutory process for addressing "frivolous" complaints.
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Arizona
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No ethics commission
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Arkansas Ethics Commission
§ 7-6-218(b)
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After a complaint has been dismissed, the respondent may seek a determination that the complaint was frivolous (i.e., lacking any basis in law or fact). If complaint found frivolous, complainant faces the issuance of a public letter (caution/warning/reprimand) and/or imposition of a fine ($50 - $2,000).
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California Fair Political Practices Commission
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They are subject to penalty of perjury and could be referred to the District Attorney for criminal charges.
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Colorado Independent Ethics Commission
§ 24-18.5(5)(a)
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The Commission is provided with a copy of all complaints. If a complaint is frivolous on its face, or the Commission does not have jurisdiction over the subject matter or the person involved, the complaint is dismissed. The Independent Ethics Commission (IEC) recently revised its rules regarding frivolous complaints. It defines frivolous as “without a rational basis for the IEC’s involvement based on fact or law.”
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Connecticut Office of State Ethics
§ 1-82(c)
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If any complaint brought under the provisions of this part or section 1-101nn is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant for double the amount of damage caused thereby and if the respondent prevails in such action, he may be awarded by the court the costs of such action together with reasonable attorneys' fees.
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Delaware State Public Integrity Commission
§ 5809
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Commission Counsel prepares a legal memorandum for the Commission explaining why it is believed that the Commission lacks jurisdiction or that it fails to state a claim. The Commission determines if it agrees and if so dismisses the complaint and a letter is sent to the complainant explaining why. If the Commission disagrees with Counsel, it can refer the matter to Counsel to investigate and can initiate a complaint on its own. A majority of 4 of the 7 members must make that decision.
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Florida Commission on Ethics
§ 112.324
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Frivolous complaints typically are dismissed by the Commission without investigation.
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Georgia State Ethics Commission
§ 21-5-6 (10)(A)
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The Commission staff shall conduct a preliminary investigation of any non-defective complaint and recommend as a part of its on-going investigation what further action, if any, should be taken. If the Commission staff should determine that there is no basis for proceeding on a complaint under the Ethics in Government Act or any other statute within the jurisdiction of the Commission, then the staff shall so notify the Complainant and administratively dismiss the complaint without requiring any formal action by the Commission.
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Hawaii State Ethics Commission
§ 84-31(e)
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A person who files a frivolous charge with the commission against any person covered
by this chapter shall be civilly liable to the person charged for all costs incurred in defending the charge, including but not limited to costs and attorneys' fees.
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Idaho
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No ethics commission
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Illinois Office of the Legislative Inspector General
5 ILCS 430/25-430/50
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Complaints are initially screened by the Legislative Inspector General. Only those resulting in a finding by the Inspector General that reasonable cause exists to believe that a violation has occurred are filed with the Commission.
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Illinois Executive Ethics Commission
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No Response |
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Indiana Lobby Registration Commission
§ 2-7-7
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Director presents all complaints to the full commission in Executive Session. If the Commission finds that there is no probable cause to believe that a violation occurred given the facts presented, then the complainant is notified in writing that the complaint lacks merit but that the complainant may supplement his/her original complaint with additional facts and/or supporting documentation which could cause the matter to be reconsidered.
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Office of the Indiana Inspector General and Indiana State Ethics Commission
§ 4-2-6-4
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The Commission may reject a complaint without further proceedings if it considers the complaint frivolous or inconsequential or if it does not allege facts sufficient to constitute a violation.
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Iowa Ethics and Campaign Disclosure Board
§ 68B.32B(4)
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Dismissed, but no sanctions can be imposed.
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Kansas Governmental Ethics Commission
§ 25-4161
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A complaint is dismissed if the complaint is found insufficient on its face.
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Kentucky Legislative Ethics Commission
§ 6.686
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Frivolous complaints are dismissed promptly when determined to be frivolous. Anyone who files a false complaint is guilty of a Class A misdemeanor.
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Kentucky Executive Branch Ethics Commission
§ 11A.080
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The Commission reviews and either votes to take no action or if, after investigation, the complaint proves frivolous, the investigation is terminated.
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Louisiana Board of Ethics
§ 42:1134
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The Board can decline to investigate a matter.
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Maine Commission on Governmental Ethics and Election Practices
§ 1013(G)
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If the commission determines that a complaint filed under oath is frivolous or filed in bad faith or if the complaint fails to appear at the hearing without being excused by the commission, the commission may order the complainant to pay to the Legislator against whom the complaint has been filed that Legislator’s costs of investigation and defense, including any reasonable attorney’s fees.
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Maryland State Ethics Commission
§ 15-401
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Any person may file a complaint with the Commission. The complaint must be under oath and allege sufficient facts to believe that the Ethics Law has been violated. If it meets these standards, then Commission will accept and issue the complaint. If it does not meet these standards or is plainly frivolous it will not issue the complaint.
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Massachusetts State Ethics Commission
§ 268B Sec. 4
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All complaints filed with the Commission are submitted to the Enforcement Division for review/action. Frivolous complaints, once identified, are closed with no further review/action.
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Michigan State Board of Ethics
§ 15.342
Rules 15.5
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All complaints must comply with requirements outlined in Rule 15.5, which states that a complaint must (a) Be in writing; (b) Specify 1 or more of the standards of prohibited conduct outlined in section 2 of the act, MCL 15.342, that was allegedly violated; (c) Include evidentiary facts supporting the allegations in the complaint; (d) Contain a statement that the complainant or designee has read the complaint and knows its contents, and believes the alleged violations to be true; (e) Contain the signature of the complainant or designee before a notary (f) Be filed with the executive secretary at the board office. If the complaint does not comply, it may be dismissed by the Executive Secretary or Chairman of the Board.
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Minnesota Campaign Finance and Public Disclosure Board
§ 10A.02
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Initial review is by the Executive Director. If the complaint is unsigned, too vague, or does not state a complaint under Chapter 10A, the chapter the Board administers, the Executive Director will not accept the complaint for investigation. The complainant and respondent are notified and the matter becomes public. In close cases, the Executive Director will bring the matter to the Board which will decide whether to dismiss or investigate.
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Mississippi Ethics Commission
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No response
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Missouri Ethics Commission
§ 105.957
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Law provides that the Commission can find a complaint is frivolous if it is without a basis in fact or law.
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Montana Commissioner of Political Practices
§ 49-14, 125
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Complaints can be dismissed based on an initial review. No investigation is required if a complaint is frivolous on its face, illegible, too indefinite, does not identify the alleged violator, is unsigned, or is not verified by an oath of affirmation. No investigation is required if the complaint does not contain sufficient allegations. 44.10.307, Administrative Rules of Montana.
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Nebraska Accountability and Disclosure Commission
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The Commission finds "no probable cause" and the matter is dismissed. |
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Nevada Commission on Ethics
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Complaints can be dismissed by any of the following: a conclusion of frivolousness by the Executive Director and Commission Counsel, Investigatory Panel’s determination, or by a majority vote of Commissioners at hearing.
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New Hampshire
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No ethics commission
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New Jersey Election Law Enforcement Commission
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Every complaint is given preliminary review.
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New Jersey State Ethics Commission
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Staff review and recommendation for dismissal |
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New Mexico
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No ethics commission
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New York State Commission on Public Integrity
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Dismissal.
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New York State Legislative Ethics Commission
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No Response
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North Carolina State Ethics Commission
§ 13.8A-12
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The Commission may decline to accept, refer, or conduct an inquiry into a complaint if it determines that the complaint is frivolous or brought in bad faith.
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North Dakota
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No ethics commission
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Ohio Ethics Commission
§ 102.06
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Complaint must allege personal knowledge of facts that meet each element of the violation; allegations or charges must present reasonable grounds to believe a violation of the law has taken place; complaints or allegations that fail to do either are dismissed.
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Oklahoma Ethics Commission
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Dismissal
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Oregon Government Ethics Commission
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No response
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Pennsylvania State Ethics Commission
§ 1108(l)
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If the Commission receives notice from a public official or public employee who believes a complaint has been frivolously filed, the Commission, through its Executive Director, shall conduct an investigation. If it is determined that a complainant has filed a frivolous complaint, the Commission shall provide the name and address of the complainant to the subject of the complaint, who can then recover damages from the complainant.
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Rhode Island Ethics Commission
§ 36-14-13
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An individual who files a frivolous, unreasonable or groundless complaint may be required to pay a civil penalty of not more than five thousand dollars ($ 5,000), all of part of which may be paid to the subject of the complaint in reimbursement of said subject's reasonable expenses of defense.
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South Carolina Ethics Commission
§ 8-13-320
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Complaint is dismissed. If commission finds that complaint is groundless and filed with malice, it is referred to the Attorney General for criminal prosecution. Penalty of one year or $1000 or both.
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South Dakota
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No ethics commission
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Tennessee Bureau of Ethics and Campaign Finance
§ 3-6-201
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T.C.A. §3-6-201 requires the complaint be submitted on the Ethics Commission’s official Sworn Complaint form; complainant must provide identifying information; allegations of violation of at least one law within the Commission’s jurisdiction; complaint must include a notarized affidavit. Any complaint that does not meet these requirements shall be dismissed by a Commission vote. The Commission has authority to assess civil penalties against individuals who file complaints: 1.) knowing that the information in the complaint is not true 2.) that contain information that is in reckless disregard of the truth 3.) that constitute abuse of process.
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Texas Ethics Commission
Sec. 12.35(b) Texas Ethics Commission Rules
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In deciding if a complaint is frivolous, the commission will be guided by the Texas Rules of Civil Procedure, Rule 13, and interpretations of that rule, and may also consider: (1) the timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any; (2) the nature and type of any publicity surrounding the filing of the complaint, and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the commission; (3) the existence and nature of any relationship between the respondent and the complainant before the complaint was filed; (4) if respondent is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent; (5) any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and (6) any evidence of the complainant’s motives in filing the complaint.
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Utah Independent Ethics Commission
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No response
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Vermont
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No ethics commission
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Virginia
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No ethics commission
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Washington State Legislative Ethics Board
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No statutory mechanism in place. Historically these are dismissed with an opinion which may note the lack of merit. Again, there will be a written, public order to that effect.
§ 42.52.425 allows for dismissal of a complaint that is "obviously unfounded or frivolous."
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Washington Public Disclosure Board
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Frivolous complaints are usually returned to the complainant. The complainant is typically invited to resubmit the complaint with proof of their allegations.
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Washington Executive Ethics Board
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If not based on any actual violation of the law, the board may choose not to accept the complaint for investigation and takes no action. If the complaint actually alleges some violation of the law, the executive director may dismiss the complaint after an initial investigation before it gets to the board.
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West Virginia Ethics Commission
§ 6B-2-4(u)(2)
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The Complaint is dismissed by the probable cause review board, a body consisting of three members appointed by the Governor. This Board is similar to a grand jury. If the Commission finds by clear and convincing evidence that a person filed a complaint knowing that material statements are not true, or in reckless disregard of the truth or falsity, the Commission may order the following reimbursement: costs and attorney fees.
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Wisconsin Government Accountability Board
5.05(2m)(c)2.a.
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If the board finds that a complaint is frivolous, it may order the complainant to forfeit not more than the greater of $500 or the expenses incurred by the division in investigating the complaint.
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Wyoming
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No ethics commission
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