| 11 | 11 | | |
|---|
| 12 | 12 | | AN ACT CONCERNING REGISTRARS OF VOTERS, THE AUTHORITY OF THE SECRETARY OF THE STATE AND THE STATE ELECTIONS ENFORCEMENT COMMISSION AND THE POSTING OF REQUIREMENTS FOR VOTER IDENTIFICATION. |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | Section 1. Section 9-5a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | (a) Each town shall (1) provide the registrars of voters with office space, supplies and equipment, including facilities for the safe storage of the official records of such registrars [. Such records] of voters, and (2) ensure that each registrar of voters may access the Internet and correspond with the Secretary of the State using electronic mail. |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | (b) The official records of the registrars of voters of a town shall be accessible to all registrars of voters in such town and [they] all of the registrars of voters shall be [jointly] responsible for [their] the safekeeping of such records. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | Sec. 2. Section 9-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute, the secretary's regulations, declaratory rulings, instructions and opinions, if in written form, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title, except for [chapter 155] chapters 155 to 158, inclusive, and shall be executed, carried out or implemented, as the case may be, provided nothing in this section shall be construed to alter the right of appeal provided under the provisions of chapter 54. Any such written instruction or opinion shall be labeled as an instruction or opinion issued pursuant to this section, as applicable, and any such instruction or opinion shall cite any authority that is discussed in such instruction or opinion. |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | Sec. 3. Subdivision (2) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | (2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of [chapter 146 or 147] title 9, except chapters 155 to 158, inclusive, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of [chapter 155 or 157] chapters 155 to 158, inclusive. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation; |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Sec. 4. Subdivision (2) of subsection (a) of section 9-7b of the general statutes, as amended by section 12 of public act 12-56, is repealed and the following is substituted in lieu thereof (Effective January 1, 2014): |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | (2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g to 9-19k, inclusive, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of [chapter 146 or 147] title 9, except chapters 155 to 158, inclusive, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of [chapter 155 or 157] chapters 155 to 158, inclusive. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | Sec. 5. Subsection (a) of section 9-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | (a) In each primary, election or referendum, when an elector has entered the polling place, the elector shall announce the elector's street address, if any, and the elector's name to the official checkers in a tone sufficiently loud and clear as to enable all the election officials present to hear the same. Each elector who registered to vote by mail for the first time on or after January 1, 2003, and has a "mark" next to the elector's name on the official registry list, as required by section 9-23r, shall present to the official checkers, before the elector votes, either a current and valid photo identification that shows the elector's name and address or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the elector. Each other elector shall (1) present to the official checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (2) on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement that the elector is the elector whose name appears on the official checklist. Such form shall clearly state the penalty of false statement. A separate such form shall be used for each elector. If the elector presents a preprinted form of identification under subdivision (1) of this subsection, the official checkers shall check the name of such elector on the official checklist. If the elector completes the form under subdivision (2) of this subsection, the registrar of voters or the assistant registrar of voters, as the case may be, shall examine the information on such form and either instruct the official checkers to check the name of such elector on the official checklist or notify the elector that the form is incomplete or inaccurate. The provisions of this subsection describing requirements for identification shall be posted where the official checkers are located in each polling location, in a manner prescribed by the Secretary of the State. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 42 | 42 | | Section 1 from passage 9-5a |
|---|
| 43 | 43 | | Sec. 2 from passage 9-3 |
|---|
| 44 | 44 | | Sec. 3 from passage 9-7b(a)(2) |
|---|
| 45 | 45 | | Sec. 4 January 1, 2014 9-7b(a)(2) |
|---|
| 46 | 46 | | Sec. 5 from passage 9-261(a) |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | This act shall take effect as follows and shall amend the following sections: |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | Section 1 |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | from passage |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 9-5a |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | Sec. 2 |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | from passage |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | 9-3 |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | Sec. 3 |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | from passage |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | 9-7b(a)(2) |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | Sec. 4 |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | January 1, 2014 |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | 9-7b(a)(2) |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | Sec. 5 |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | from passage |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | 9-261(a) |
|---|
| 79 | 79 | | |
|---|