Connecticut 2019 2019 Regular Session

Connecticut House Bill HB06055 Comm Sub / Bill

Filed 04/18/2019

                     
 
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General Assembly  Committee Bill No.  6055  
January Session, 2019  
LCO No. 5289 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
AN ACT CONCERNING CE RTAIN UPDATES TO ELE CTION 
ADMINISTRATION LAWS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 9-16 of the general statutes is repealed and the 1 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 town shall give notice of the time 3 
and place of each session for the admission of electors held pursuant to 4 
section 9-17 by publication in a newspaper published or circulated in 5 
such town, or on the town's Internet web site, not more than fifteen nor 6 
less than five days before each such session. Nothing [herein] in this 7 
section shall require that such publication be in the form of a legal 8 
advertisement.  9 
Sec. 2. Section 9-17a of the general statutes is repealed and the 10 
following is substituted in lieu thereof (Effective from passage): 11 
As used in sections [9-17, 9-19b,] 9-19c, 9-20, [9-23a, 9-24,] 9-31a [, 9-12 
31b] and 9-31l, as amended by this act, unless otherwise provided, the 13  Committee Bill No. 6055 
 
 
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term "admitting official" means a town clerk, assistant town clerk, 14 
registrar of voters, deputy registrar of voters or assistant registrar of 15 
voters. [or the board for admission of electors.]  16 
Sec. 3. Section 9-31l of the general statutes is repealed and the 17 
following is substituted in lieu thereof (Effective from passage): 18 
(a) (1) A person who is denied admission as an elector may appeal a 19 
decision of an admitting official of a town concerning the right of such 20 
person to be or remain an elector. Any such appeal shall be made to 21 
the registrars of voters of such town. [, except that if the admitting 22 
official who made such decision is a registrar of voters, the appeal shall 23 
be made to the board for admission of electors of such town.] 24 
(2) Notice of an appeal shall be in writing and delivered to the 25 
registrars. [or to the board for admission of electors. Within] Not later 26 
than seven days after receipt of a notice of appeal, the registrars [or the 27 
board, as the case may be,] shall give written notice of the time and 28 
place where such appeal will be heard to the appellant and to the 29 
admitting official whose decision is the subject of the appeal. Such 30 
appeal shall be heard [within] not later than twenty-one days after 31 
notice of the appeal is delivered to the registrars. [or the board. Neither 32 
a registrar whose decision is the subject of the appeal nor a registrar 33 
who is an appellant shall be a voting member of the board which hears 34 
the appeal.] 35 
(3) The registrars [or the board] may receive sworn testimony and 36 
any other evidence relating to the qualifications of such person to be or 37 
remain an elector. 38 
(4) [Within] Not later than seven days after hearing an appeal, the 39 
registrars [or the board] shall render a decision and shall send written 40 
notice of the decision to the appellant and the admitting official whose 41 
decision was the subject of the appeal.  42 
(b) (1) The person whose right to be or remain an elector is in 43 
dispute may appeal the decision of the registrars [or the board for the 44  Committee Bill No. 6055 
 
 
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admission of electors] under subsection (a) of this section to the State 45 
Elections Enforcement Commission. If an appeal is not made to the 46 
commission as provided in this subsection, the decision of the 47 
registrars [or the board] shall be final.  48 
(2) Any such appeal shall be in writing and filed with the State 49 
Elections Enforcement Commission at its principal offices not later 50 
than fourteen days [following] after the decision of the registrars. [or 51 
the board.] A copy of any such notice of appeal shall also be delivered 52 
within such time to the registrars [or the board] that rendered the 53 
decision under subsection (a) of this section.  54 
(3) The registrars [or the board] shall, not later than ten days after 55 
receipt of a copy of the notice of appeal, deliver the record of the 56 
hearing of the registrars [or board] under subsection (a) of this section 57 
to the commission.  58 
(4) The commission shall hear such appeal not later than twenty-one 59 
days after notice of appeal is filed with the commission. Such hearing 60 
shall be conducted in accordance with the provisions of sections 4-176e 61 
to 4-180a, inclusive, and section 4-181a. The commission may consider 62 
the record of the hearing delivered by the registrars [or the board] and 63 
may examine witnesses, documents and any other evidence that it 64 
determines may have a bearing on the proper determination of the 65 
issues brought on appeal. The commission's hearing shall be recorded.  66 
(5) The commission shall render its decision not later than sixty days 67 
after the close of its hearing, except that an extension of time may be 68 
granted by the commission upon application of any party that sets 69 
forth circumstances that the commission determines is appropriate to 70 
granting an extension of time. The commission may also initiate an 71 
extension of time for rendering its decision, after written notice to the 72 
parties, provided all of the parties before the commission give their 73 
prior written consent.  74 
(6) The decision of the commission shall determine the person's 75  Committee Bill No. 6055 
 
 
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right to be or remain an elector. If any such decision is adverse to such 76 
individual's right, the commission shall order both registrars to 77 
remove the elector's name from the town's active and inactive registry 78 
list and any enrollment list. Any person whose name has been so 79 
removed may reapply for admission as an elector with the registrars of 80 
voters of the same town at any time. If such application is made within 81 
four years after the commission's decision, both registrars may 82 
approve such application only after they find that there has been a 83 
substantial change in the circumstances that provided the basis for the 84 
commission's decision and that the individual is eligible to be an 85 
elector. Registrars who approve an individual's application for 86 
admission within this time period without a substantial change in 87 
circumstances may be subject to a civil penalty imposed by the 88 
commission in accordance with subdivision (2) of subsection (a) of 89 
section 9-7b if the commission determines, following a written 90 
complaint filed with the commission pursuant to said section 9-7b, that 91 
the registrars' action was without good cause and constitutes a wilful 92 
violation of a prior order of the commission.  93 
Sec. 4. Section 9-358 of the general statutes is repealed and the 94 
following is substituted in lieu thereof (Effective from passage): 95 
Any person who, upon oath or affirmation, legally administered, 96 
wilfully and corruptly testifies or affirms, before any registrar of 97 
voters, any moderator of any election, primary or referendum [, any 98 
board for admission of electors] or the State Elections Enforcement 99 
Commission, falsely, to any material fact concerning the identity, age, 100 
residence or other qualifications of any person whose right to be 101 
registered or admitted as an elector or to vote at any election, primary 102 
or referendum is being passed upon and decided, shall be guilty of a 103 
class D felony and shall be disfranchised.  104 
Sec. 5. Section 9-362 of the general statutes is repealed and the 105 
following is substituted in lieu thereof (Effective from passage): 106 
The decision [of the board for admission of electors or] of the 107  Committee Bill No. 6055 
 
 
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registrars or of a moderator, as to a person's right to be admitted to the 108 
elector's oath, to registration or to cast his vote, shall, in no case, be a 109 
bar to a criminal prosecution for procuring himself to be made an 110 
elector or to be registered or for voting, without the qualifications 111 
required by law.  112 
Sec. 6. Subsections (a) and (b) of section 9-35 of the general statutes 113 
are repealed and the following is substituted in lieu thereof (Effective 114 
from passage): 115 
(a) The registrars, [on the Tuesday of the fifth week] before each 116 
regular election, shall [be in session for the purpose of completing] 117 
complete a correct list of all electors who will be entitled to vote at 118 
such election. Such registry list shall consist of an active registry list 119 
and an inactive registry list. [Such session shall be held during such 120 
hours between nine o'clock a.m. and five o'clock p.m. as the registrars 121 
find necessary to complete the list. Notice of such session shall be 122 
given at least five days before the session by publication in a 123 
newspaper having a circulation in such municipality, if any, and by 124 
posting on the signpost therein, if any, or at some other exterior place 125 
near the office of the town clerk. Such publication shall not be required 126 
to be in the form of a legal advertisement.] 127 
(b) [At such session and on] On any day except on the day of an 128 
election or primary, the registrars shall remove from the list the name 129 
of each elector who has died, who has been disfranchised or who has 130 
confirmed in writing that the elector has moved out of the 131 
municipality, except electors entitled to remain on such list under the 132 
provisions of this chapter. An elector shall be deemed to have 133 
confirmed in writing that the elector has moved out of the 134 
municipality if (1) the elector has submitted a change of address form 135 
for purposes of a state motor vehicle operator's license, unless the 136 
elector states on the form that the change of address is not for voter 137 
registration purposes, (2) the elector has submitted a change of address 138 
form to a voter registration agency, as defined in section 9-23n, and 139 
such agency has provided such change of address to the registrars of 140  Committee Bill No. 6055 
 
 
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voters, or (3) the registrars of voters have received a cancellation of 141 
previous registration from any other election official indicating that 142 
such elector has registered as an elector outside such municipality.  143 
Sec. 7. Section 9-35a of the general statutes is repealed and the 144 
following is substituted in lieu thereof (Effective from passage): 145 
Immediately [after the close of the session or immediately] after the 146 
sending of notice of intended removal provided for in section 9-35, as 147 
amended by this act, the registrars of voters shall post at the town hall 148 
or municipal building in the municipality in which they serve, in a 149 
place readily accessible to the public, a list of the names of the electors 150 
whose names were removed from the registry list [at such session] or 151 
will be removed on the date specified in section 9-35, as amended by 152 
this act, together with the address of each such elector as it appeared 153 
on the registry list at the time the name was so removed. Together with 154 
such list, and as a part thereof, such registrars shall also cause to be 155 
posted a statement that complete information as to such removal and 156 
as to the privileges and remedies of those whose names were removed 157 
from the registry list is available from such registrars, specifying when 158 
and where such registrars are available for such purpose and, in the 159 
case of registrars of voters having office hours, specifying such office 160 
hours.  161 
Sec. 8. Section 9-39 of the general statutes is repealed and the 162 
following is substituted in lieu thereof (Effective from passage): 163 
[The] For the purposes of section 9-234, the registrars of voters of 164 
each municipality shall print copies of the final registry list for 165 
distribution [in such municipality and] in all the voting districts 166 
located [therein] within such municipality. The registrars shall, upon 167 
request, produce for any candidate for election the final registry list for 168 
each voting district for which such person is a candidate and shall 169 
maintain such list, either on paper or in electronic format, for a period 170 
of two years.  171  Committee Bill No. 6055 
 
 
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Sec. 9. Section 9-172b of the general statutes is repealed and the 172 
following is substituted in lieu thereof (Effective from passage): 173 
(a) In each municipality or political subdivision in which a special 174 
election or referendum is to be held, the registrars of voters shall 175 
prepare an updated list of the names and addresses of those persons 176 
who acquired voting privileges after the completion of the revised 177 
registry list and prior to the day of such special election or referendum. 178 
In each such municipality or political subdivision, not later than the 179 
day before such special election or referendum, such registrars of 180 
voters shall cause to be completed [and printed] such list arranged as 181 
provided in section 9-35, as amended by this act, and certified by them 182 
to be correct, and shall [retain] print a sufficient number of copies to be 183 
used by them at such special election or referendum for the [purpose 184 
of checking the names of those who vote] purposes of section 9-234, 185 
provided the names of any persons who acquired such voting 186 
privileges within thirty days before such special election or 187 
referendum may be inserted in writing on such printed list. [in 188 
writing.] 189 
(b) In the case of a special election or referendum, no person 190 
admitted as an elector on the day of [the] such special election or 191 
referendum shall be entitled to vote in [that] such special election or 192 
referendum.  193 
Sec. 10. Subsection (d) of section 9-192a of the general statutes is 194 
repealed and the following is substituted in lieu thereof (Effective from 195 
passage): 196 
(d) The advisory committee shall also [(1)] develop a training 197 
program in election procedures for poll workers. [, and (2) develop an 198 
election law and procedures training program and guide for registrars, 199 
deputy registrars and assistant registrars. The training program 200 
developed under subdivision (2) of this subsection shall provide for 201 
training to be conducted by trained registrars or former registrars 202 
hired for such purpose by the Secretary of the State.] The committee 203  Committee Bill No. 6055 
 
 
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shall submit such training [programs and training guide] program to 204 
the Secretary of the State, who shall approve or modify [the programs 205 
and guide] such program.  206 
Sec. 11. Subdivision (3) of subsection (a) of section 9-192a of the 207 
general statutes is repealed and the following is substituted in lieu 208 
thereof (Effective from passage): 209 
(3) Once certified, pursuant to subdivision (1) of this subsection, 210 
each registrar shall participate each year in not less than eight hours of 211 
training [, not including any training described under subdivision (2) 212 
of subsection (d) of this section,] in order to maintain such certification. 213 
Such training shall be as prescribed by the Secretary of the State and 214 
shall be conducted by said Secretary or a third party approved by said 215 
Secretary to conduct such training. Any registrar who fails to satisfy 216 
such annual training requirement shall be directed by the Secretary of 217 
the State to take remedial measures prescribed by said Secretary.  218 
Sec. 12. Subsection (b) of section 9-249 of the general statutes is 219 
repealed and the following is substituted in lieu thereof (Effective from 220 
passage): 221 
(b) The election officials of such voting districts shall attend the 222 
elections training program developed under [subdivision (1) of] 223 
subsection (d) of section 9-192a, as amended by this act, and any other 224 
meeting or meetings as are called for the purpose of receiving such 225 
instructions concerning their duties as are necessary for the proper 226 
conduct of the election. 227 
Sec. 13. Section 9-233 of the general statutes is repealed and the 228 
following is substituted in lieu thereof (Effective from passage): 229 
Prior to each election, the registrars of voters of each town shall 230 
appoint, for each voting tabulator to be used at such election, at least 231 
one and not more than two electors of [such town] the state as a voting 232 
tabulator tender, unless the registrars of voters have established two 233 
shifts for election officials under the provisions of section 9-258a, in 234  Committee Bill No. 6055 
 
 
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which case the registrars shall appoint at least one and not more than 235 
two such electors to be voting tabulator tenders, for each voting 236 
tabulator, for each shift.  237 
Sec. 14. Subsection (b) of section 9-1, and sections 9-15a and 9-192b 238 
of the general statutes are repealed. (Effective from passage) 239 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 9-16 
Sec. 2 from passage 9-17a 
Sec. 3 from passage 9-31l 
Sec. 4 from passage 9-358 
Sec. 5 from passage 9-362 
Sec. 6 from passage 9-35(a) and (b) 
Sec. 7 from passage 9-35a 
Sec. 8 from passage 9-39 
Sec. 9 from passage 9-172b 
Sec. 10 from passage 9-192a(d) 
Sec. 11 from passage 9-192a(a)(3) 
Sec. 12 from passage 9-249(b) 
Sec. 13 from passage 9-233 
Sec. 14 from passage Repealer section 
 
GAE Joint Favorable