General Assembly Raised Bill No. 5390
February Session, 2016 LCO No. 1379
*01379_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
General Assembly
Raised Bill No. 5390
February Session, 2016
LCO No. 1379
*01379_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING WRITTEN INSTRUCTIONS AND OPINIONS FROM THE SECRETARY OF THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-3 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) 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, and any order issued under subsection (b) of this section, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title, except for 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] Each such written instruction or opinion shall (1) be labeled as an instruction or opinion, as applicable, issued pursuant to this section, [as applicable, and any such instruction or opinion shall] (2) cite any authority that is discussed in such instruction or opinion, and (3) be published and made available in a permanent public archive on the Secretary of the State's Internet web site.
(b) During any municipal, state or federal election, primary or recanvass, or any audit conducted pursuant to section 9-320f, the Secretary of the State may issue an order, whether orally or in writing, to any registrar of voters or moderator to correct any irregularity or impropriety in the conduct of such election, primary or recanvass or audit. Any such order shall be effective upon issuance. As soon as practicable after issuance of an oral order pursuant to this subsection, the Secretary shall reduce such order to writing, cite within such order any applicable provision of law authorizing such order and cause a copy of such written order to be delivered to the individual who is the subject of such order or, in the case that such order was originally issued in writing, issue a subsequent written order that conforms to such requirements. The Superior Court, on application of the Secretary or the Attorney General, may enforce by appropriate decree or process any such order issued pursuant to this subsection.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2016 9-3
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2016
9-3
Statement of Purpose:
To require that all written instructions and opinions issued by the Secretary of the State be published and permanently archived on the Secretary's Internet web site.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]