Connecticut 2019 Regular Session

Connecticut House Bill HB05335 Latest Draft

Bill / Comm Sub Version Filed 03/19/2019

                             
 
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General Assembly  Committee Bill No.  5335  
January Session, 2019  
LCO No. 3789 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
AN ACT CONCERNING RE MOVAL FROM PARTY ENR OLLMENT 
LISTS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 9-53 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective from passage): 2 
The registrars of voters in each municipality in which an enrollment 3 
session is to be held shall give notice of such session, and of the 4 
purpose, day, hours and place thereof, by publication in a newspaper 5 
published in or having a circulation in such municipality, not more 6 
than fifteen nor less than five days before such session. Nothing in this 7 
section shall require that such publication be in the form of a legal 8 
advertisement. In each municipality divided into voting districts, any 9 
session for enrollment in such municipality may, if the registrars of 10 
voters so decide, be held in each such district by assistant registrars of 11 
voters appointed under section 9-192, provided the registrars of voters 12 
in the notice shall specify the place in each such district in which such 13 
session is to be held. When such a session is so held in each such 14 
district by such assistant registrars of voters, within forty-eight hours 15  Committee Bill No. 5335 
 
 
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after the close of each of such sessions, each of such assistant registrars 16 
of voters shall deliver to the registrar of whom he is the appointee a 17 
true and attested list or lists, as made by such assistant registrars of 18 
voters at such session, showing all enrollments and corrections, if any, 19 
[by them made, together with a list of all applications rejected under 20 
the provisions of sections 9-60 and 9-63] made by such assistant 21 
registrars of voters.  22 
Sec. 2. Subsection (e) of section 9-55 of the general statutes is 23 
repealed and the following is substituted in lieu thereof (Effective from 24 
passage): 25 
(e) The registrars of voters shall make available for public use such 26 
list in the office of the registrars of voters until the printing of the next 27 
completed enrollment list; and they shall deliver to the chairman of the 28 
town committee of each political party copies of each such list for each 29 
voting district in the town. Whenever the registrars of voters are not in 30 
their office, such list shall be available at another municipal office. 31 
Upon request, the registrars of voters shall give one complete set of 32 
such lists to each candidate for nomination for any office or for election 33 
as a town committee member. The registrars of voters shall deliver a 34 
sufficient number of copies thereof to the moderator of each primary. 35 
[No petition brought under the provisions of section 9-63 shall operate 36 
to delay the completion and printing of such lists. If the petition of any 37 
elector is granted after any such list has been completed, the registrars 38 
of voters or assistant registrars of voters, as the case may be, shall issue 39 
to such elector a certificate showing that the elector is entitled to the 40 
privileges accompanying enrollment in the political party named in the 41 
elector's petition.]  42 
Sec. 3. Section 9-56 of the general statutes is repealed and the 43 
following is substituted in lieu thereof (Effective from passage): 44 
Except as otherwise provided in the case of an elector whose name 45 
has not been placed on or has been removed from the enrollment list 46 
under section 9-59, [9-60, 9-61 or 9-62,] any elector not enrolled on any 47  Committee Bill No. 5335 
 
 
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enrollment list may at any time make a written and signed application 48 
for enrollment to the registrars of voters on an application form for 49 
admission as an elector, in accordance with the requirements of this 50 
section. The application shall be effective as of the date it is filed with 51 
the registrars of voters of the town of residence of the applicant and 52 
any person making application for enrollment in such manner shall 53 
immediately be entitled to the privileges of party enrollment unless the 54 
application for enrollment (1) is filed in person by the applicant with 55 
the registrars of voters after twelve o'clock noon on the last business 56 
day before a primary, in which case he shall be entitled to the 57 
privileges of party enrollment immediately after the primary, (2) is 58 
otherwise filed with the registrar after the fifth day before the primary, 59 
in which case he shall be entitled to the privileges of party enrollment 60 
immediately after the primary, except as provided in section 9-23a, or 61 
(3) is filed with the registrars of voters after 5:00 p.m. on the last 62 
business day before a caucus or convention, in which case he shall be 63 
entitled to the privileges of party enrollment immediately after the 64 
caucus or convention. The application shall be signed or initialed by 65 
the registrar, deputy, assistant or registrar's clerk receiving it, or by 66 
such other personnel as such registrar or deputy may appoint for [the] 67 
such purpose, showing the date when such application is received and, 68 
in the case of an applicant not immediately eligible under section 9-59 69 
[, 9-60, 9-61 or 9-62] to the privileges accompanying enrollment in the 70 
party named in his application, the date upon which such applicant 71 
becomes so eligible. In municipalities divided into voting districts in 72 
which an enrollment session is held in each district thereof under 73 
section 9-51, application for enrollment shall be made to the registrar 74 
or assistant registrar, as the case may be, in the voting district in which 75 
such elector is entitled to vote at the time of making such application. 76 
If any registrar or assistant registrar fails to add any name to any such 77 
list on written application or adds any name to any such list except as 78 
[herein provided, he] provided in this section, such registrar or 79 
assistant registrar shall be guilty of a class D misdemeanor.  80 
Sec. 4. Section 9-361 of the general statutes is repealed and the 81  Committee Bill No. 5335 
 
 
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following is substituted in lieu thereof (Effective from passage): 82 
The following persons shall be guilty of primary or enrollment 83 
violations: (1) Any person unlawfully voting or participating or 84 
attempting to vote or participate in any primary in which he is not 85 
eligible to vote or participate; (2) in towns divided into voting districts, 86 
any elector who registers or votes at any primary in a voting district 87 
other than the district in which such elector is legally entitled to vote at 88 
the time of such primary; (3) any elector who signs the name of 89 
another to a written application to register, without the knowledge and 90 
consent of the person whose name is signed thereto, or who falsely 91 
represents the contents of any written or printed form of application 92 
for enrollment with intent to secure the application of an elector for 93 
enrollment upon a list other than that of his true political preference; 94 
(4) any registrar or deputy registrar of voters who fails to hold sessions 95 
as provided in sections 9-51 and 9-53, as amended by this act, or who 96 
fails to register an elector upon the oral or written application for 97 
enrollment of such elector, except as provided by law, or who fails to 98 
erase an elector's name as provided in section 9-59 or who registers 99 
any elector upon an enrollment list other than that declared by such 100 
elector in his application as his political preference, or who removes or 101 
erases the name of any elector from any enrollment list except as 102 
provided by law; [(5) any person who fails to properly serve any notice 103 
or citation required by sections 9-60 and 9-61 when directed so to do 104 
by any registrar or deputy registrar, or who makes any false return as 105 
to any such notice or citation; and (6)] and (5) any moderator of a 106 
primary of the enrolled electors of a specified party, such primary 107 
being legally called for the nomination of candidates for any public 108 
elective office, who fails to comply with the requirements of chapter 109 
153. The penalty for any such violation shall be a class D misdemeanor, 110 
except that any person found to have violated subdivision (1) or (2) of 111 
this section shall be guilty of a class D felony and shall be 112 
disfranchised.  113 
Sec. 5. Subsection (b) of section 51-164n of the general statutes is 114  Committee Bill No. 5335 
 
 
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repealed and the following is substituted in lieu thereof (Effective from 115 
passage): 116 
(b) Notwithstanding any provision of the general statutes, any 117 
person who is alleged to have committed (1) a violation under the 118 
provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-119 
283, 7-325, 7-393, 8-12, 8-25, 8-27, [9-63,] 9-322, 9-350, 10-193, 10-197, 10-120 
198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, 121 
subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 122 
12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-123 
113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-124 
143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-125 
90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 126 
13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, 127 
subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) 128 
of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 129 
14-50a or 14-58, subsection (b) of section 14-66, section 14-66a or 14-130 
67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, 131 
section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-132 
153 or 14-163b, a first violation as specified in subsection (f) of section 133 
14-164i, section 14-219 as specified in subsection (e) of said section, 134 
subdivision (1) of section 14-223a, section 14-240, 14-250 or 14-253a, 135 
subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-136 
269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 137 
14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, 14-138 
320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) 139 
of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15-140 
97, subsection (a) of section 15-115, section 16-44, 16-256e, 16a-15 or 141 
16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 142 
17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 19a-33, 143 
19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-144 
105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-145 
287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-146 
340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-147 
265, 20-324e, 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 148  Committee Bill No. 5335 
 
 
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21-43, 21-47, 21-48, 21-63 or 21-76a, subsection (c) of section 21a-2, 149 
subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of 150 
subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) 151 
of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection 152 
(b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of 153 
subsection (a) of section 21a-159, subsection (a) of section 21a-279a, 154 
section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-155 
36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, 156 
subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, 22-157 
100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 158 
or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-159 
366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of 160 
section 22a-250, subsection (e) of section 22a-256h, section 22a-363 or 161 
22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 162 
22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) 163 
of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) 164 
of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 165 
26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) 166 
of subsection (d) of section 26-61, section 26-64, subdivision (1) of 167 
section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-168 
104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, 169 
subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-170 
224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 171 
26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 172 
28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) 173 
or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of 174 
section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 175 
29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-176 
11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-177 
36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, 178 
subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 179 
31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 180 
subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-181 
450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, 182 
section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-183  Committee Bill No. 5335 
 
 
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133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 184 
53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of 185 
section 53-344b, or section 53-450, or (2) a violation under the 186 
provisions of chapter 268, or (3) a violation of any regulation adopted 187 
in accordance with the provisions of section 12-484, 12-487 or 13b-410, 188 
or (4) a violation of any ordinance, regulation or bylaw of any town, 189 
city or borough, except violations of building codes and the health 190 
code, for which the penalty exceeds ninety dollars but does not exceed 191 
two hundred fifty dollars, unless such town, city or borough has 192 
established a payment and hearing procedure for such violation 193 
pursuant to section 7-152c, shall follow the procedures set forth in this 194 
section. 195 
Sec. 6. Section 51-274 of the general statutes is repealed and the 196 
following is substituted in lieu thereof (Effective from passage): 197 
All special acts or provisions thereof inconsistent with this chapter 198 
and with sections 1-1a, 2-5, 2-40, 2-61, 5-164, 5-189, 7-80, 8-12, [9-63,] 9-199 
258, 9-368, 12-154, 14-141, 14-142, 18-65, 18-73, 19a-220, 21a-96, 29-13, 200 
29-362, 30-105, 30-107, 30-111, 35-22, 46b-120, 46b-133, 46b-160, 47a-23, 201 
47a-28, 47a-35, 47a-37, 49-61, 49-62, 51-6a, 51-9, 51-15, 51-27, 51-30, 51-202 
33, 51-34, 51-36, 51-48, 51-49, 51-50, 51-51, 51-52, 51-59, 51-72, 51-73, 51-203 
78, 51-95, 51-183b, 51-183d, 51-183f, 51-183g, 51-215a, 51-229, 51-232, 204 
51-237 and 51-241, subsection (a) of section 51-243 and sections 51-247, 205 
51-347, 52-45a, 52-45b, 52-46, 52-97, 52-112, 52-139, 52-193, 52-194, 52-206 
196, 52-209, 52-212, 52-215, 52-226, 52-240, 52-257, 52-258, 52-261, 52-207 
263, 52-268, 52-270, 52-278i, 52-293, 52-297, 52-298, 52-324, 52-351, 52-208 
397, 52-425, 52-427, 52-428, 52-521, 53-308, 53-328, 54-2a, 54-56f, 54-66, 209 
54-72, 54-74, 54-82g, 54-82j, 54-82k, 54-95a, 54-96a, 54-96b, 54-97, 54-108, 210 
54-154, 54-166 and 54-169 to 54-174, inclusive, are repealed.  211 
Sec. 7. Sections 9-60 to 9-63, inclusive, of the general statutes are 212 
repealed. (Effective from passage) 213  Committee Bill No. 5335 
 
 
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This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 9-53 
Sec. 2 from passage 9-55(e) 
Sec. 3 from passage 9-56 
Sec. 4 from passage 9-361 
Sec. 5 from passage 51-164n(b) 
Sec. 6 from passage 51-274 
Sec. 7 from passage Repealer section 
 
GAE Joint Favorable