(a) Except as provided in subsection (b) of this section, a written complaint must be filed:

1. (1) No sooner than forty-nine (49) days prior to the election affected by or associated with the alleged violation of law; and
2. (2) No later than forty-nine (49) days after the election.

(b)

1. (1) The State Board of Election Commissioners may file a complaint within three (3) years of an alleged violation of a criminal law within the jurisdiction of the board or within three (3) years of an unlawful act which is alleged to have caused a certified election result to be inaccurate.

2. (2)

   1. (A) The determination of whether to file a complaint under subdivision (b)(1) of this section is discretionary.
   2. (B) In making this determination, the board shall consider the following factors:

(i) The severity of the alleged misconduct;

1. (ii) The perceived credibility of the information indicates a violation of law has occurred;

   1. (iii) The prioritization of available agency resources; and

      1. (iv) The likelihood an investigation will succeed in determining whether a violation of law has occurred.