Technical infractions — notice.

1. If the state commissioner or county commissioner becomes aware of an apparent technical violation of a provision of chapters 39 through 53 , the state commissioner or county commissioner may administratively provide a written notice and letter of instruction to the responsible person regarding proper compliance procedures. 2. If the state commissioner sends a notice of such a technical infraction to a county commissioner, the state commissioner may require a written explanation of the occurrence, and measures that the person took to redress the issues contained within the notice. 3. a. Upon issuance of a technical infraction to a county commissioner, the state commissioner shall also impose a fine not to exceed ten thousand dollars to be deposited in the general fund. b. A county commissioner shall pay a fine issued pursuant to this section or file an appeal pursuant to chapter 17A within sixty days. A county commissioner who fails to pay a fine that was not dismissed pursuant to chapter 17A shall be suspended from office for a period not to exceed two years pursuant to sections 66.7 and 66.8 . c. If a county commissioner is suspended pursuant to paragraph “b” , the state commissioner shall direct the deputy of the county commissioner to oversee the functions of the office until the suspension is revoked or the office is vacated and a successor is elected. The state commissioner may direct the state commissioner’s staff to assist in the performance of the duties of the county commissioner. 4. Upon issuing a technical infraction, the state commissioner shall immediately inform the attorney general if the apparent violation constitutes or may constitute election misconduct under this chapter . 2002 Acts, ch 1071, §6 ; 2019 Acts, ch 148, §9, 33 ; 2021 Acts, ch 12, §9, 10, 73 ; 2023 Acts, ch 19, §2061, 2073 Referred to in §49.2 , 66.1A , 331.756(75)