Incorrect answer:

YES, but until the IEC has completed its proceedings, a complaint based upon the same conduct cannot be filed with the Senate President is INCORRECT.

Nothing in Amendment 41 gives priority to the IEC and its proceedings over the Senate's ethics procedures. There is no language in either the constitutional provision or Senate Rule 43 that would prevent the filing an ethics complaint arising out of the same conduct with both the IEC and the Senate President.

However, if a complaint is filed with both the IEC and the Senate President, the IEC may not consider the complaint until the Senate ethics proceedings are completed. The rules of procedure of the IEC authorize the IEC to stay a complaint if an action on the same subject of the complaint is pending before another body with concurrent jurisdiction. See, IEC rule 7.H.2.

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