Stonington — The state Elections Enforcement Commission voted Tuesday to formally investigate a complaint filed by Charter Revision Commission member Ashley Gillece alleging the Board of Selectmen violated state law by appointing unaffiliated voter Mike Spellman to the board in December. 

Elections Enforcement Commission staff attorney Joshua Foley explained Tuesday that the commission’s ruling is not a decision on the merits of Gillece’s complaint but that the alleged violation falls within its jurisdiction. 

He said an investigator will now look into the complaint and make recommendations to the commission about its merits, whether it should be upheld or dismissed, if more investigation is needed or settlement discussions should begin. 

He said an investigation can take a month or two for simple issues while complex ones can take much longer. 

Gillece, who filed her sworn complaint Dec. 30, 2014, outlined the allegation at last week’s Board of Selectmen meeting. 

She pointed out to the board that Connecticut General Statutes 9-59 states that anyone who changes political parties or has his or her name removed from the enrollment list of a party shall not be entitled to be appointed as a member of any board or commission that is political in nature or be appointed as a member of any board or commission that is political in nature for a period of three months after filing the application to leave a party or transfer to another party. 

Spellman left the Republican party and became an unaffiliated voter on Dec. 16, 2014, the same day Democratic First Selectman George Crouse and Republican Selectman Rob Simmons appointed him to fill a vacancy on the board. 

That vacancy was created when Crouse, who was a selectman, was appointed to complete the unexpired term of former Democratic First Selectman Ed Haberek, who resigned in December. 

The three selectmen have said the board’s “tripartisan” makeup would allow the board to work more effectively. 

Gillece told the selectmen last week that Spellman should not be participating in its decisions because of the three-month requirement. If the Elections Enforcement Commission overturns Spellman’s appointment, it could invalidate decisions made by the board in which he voted. 

Spellman has maintained he was duly appointed to the board. 

Crouse reiterated Tuesday that the board consulted with Town Attorney Tom Londregan, who advised the board it could appoint Spellman, before making its decision last month. 

“We were very cautious in doing it. We checked it out with the town attorney. He said legally we could do it,” Crouse said. “We acted in good faith.” 

j.wojtas@theday.com 

Twitter: @joewojtas