Connecticut 2019 Regular Session

Connecticut House Bill HB06055 Compare Versions

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7	6		General Assembly Committee Bill No. 6055
8	7		January Session, 2019
9	8		LCO No. 5289
10	9
11	10
12	11		Referred to Committee on GOVERNMENT ADMINISTRATION
13	12		AND ELECTIONS
14	13
15	14
16	15		Introduced by:
17	16		(GAE)
18	17
19	18
20	19
21	20		AN ACT CONCERNING CE RTAIN UPDATES TO ELECTION
22	21		ADMINISTRATION LAWS.
23	22		Be it enacted by the Senate and House of Representatives in General
24	23		Assembly convened:
25	24
26	25		Section 1. Section 9-16 of the general statutes is repealed and the 1
27	26		following is substituted in lieu thereof (Effective from passage): 2
28	27		The registrars of voters in each town shall give notice of the time 3
29	28		and place of each session for the admission of electors held pursuant to 4
30	29		section 9-17 by publication in a newspaper published or circulated in 5
31	30		such town, or on the town's Internet web site, not more than fifteen nor 6
32	31		less than five days before each such session. Nothing [herein] in this 7
33	32		section shall require that such publication be in the form of a legal 8
34	33		advertisement. 9
35	34		Sec. 2. Section 9-17a of the general statutes is repealed and the 10
36	35		following is substituted in lieu thereof (Effective from passage): 11
37	36		As used in sections [9-17, 9-19b,] 9-19c, 9-20, [9-23a, 9-24,] 9-31a [, 9-12
38		-	31b] and 9-31l, as amended by this act, unless otherwise provided, the 13 Committee Bill No. 6055
	37	+	31b] and 9-31l, as amended by this act, unless otherwise provided, the 13
	38	+	term "admitting official" means a town clerk, assistant town clerk, 14
	39	+	Committee Bill No. 6055
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45		-	term "admitting official" means a town clerk, assistant town clerk, 14
46	44		registrar of voters, deputy registrar of voters or assistant registrar of 15
47	45		voters. [or the board for admission of electors.] 16
48	46		Sec. 3. Section 9-31l of the general statutes is repealed and the 17
49	47		following is substituted in lieu thereof (Effective from passage): 18
50	48		(a) (1) A person who is denied admission as an elector may appeal a 19
51	49		decision of an admitting official of a town concerning the right of such 20
52	50		person to be or remain an elector. Any such appeal shall be made to 21
53	51		the registrars of voters of such town. [, except that if the admitting 22
54	52		official who made such decision is a registrar of voters, the appeal shall 23
55	53		be made to the board for admission of electors of such town.] 24
56	54		(2) Notice of an appeal shall be in writing and delivered to the 25
57	55		registrars. [or to the board for admission of electors. Within] Not later 26
58	56		than seven days after receipt of a notice of appeal, the registrars [or the 27
59	57		board, as the case may be,] shall give written notice of the time and 28
60	58		place where such appeal will be heard to the appellant and to the 29
61	59		admitting official whose decision is the subject of the appeal. Such 30
62	60		appeal shall be heard [within] not later than twenty-one days after 31
63	61		notice of the appeal is delivered to the registrars. [or the board. Neither 32
64	62		a registrar whose decision is the subject of the appeal nor a registrar 33
65	63		who is an appellant shall be a voting member of the board which hears 34
66	64		the appeal.] 35
67	65		(3) The registrars [or the board] may receive sworn testimony and 36
68	66		any other evidence relating to the qualifications of such person to be or 37
69	67		remain an elector. 38
70	68		(4) [Within] Not later than seven days after hearing an appeal, the 39
71	69		registrars [or the board] shall render a decision and shall send written 40
72	70		notice of the decision to the appellant and the admitting official whose 41
73	71		decision was the subject of the appeal. 42
74	72		(b) (1) The person whose right to be or remain an elector is in 43
75		-	dispute may appeal the decision of the registrars [or the board for the 44 Committee Bill No. 6055
	73	+	dispute may appeal the decision of the registrars [or the board for the 44
	74	+	Committee Bill No. 6055
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82	79		admission of electors] under subsection (a) of this section to the State 45
83	80		Elections Enforcement Commission. If an appeal is not made to the 46
84	81		commission as provided in this subsection, the decision of the 47
85	82		registrars [or the board] shall be final. 48
86	83		(2) Any such appeal shall be in writing and filed with the State 49
87	84		Elections Enforcement Commission at its principal offices not later 50
88	85		than fourteen days [following] after the decision of the registrars. [or 51
89	86		the board.] A copy of any such notice of appeal shall also be delivered 52
90	87		within such time to the registrars [or the board] that rendered the 53
91	88		decision under subsection (a) of this section. 54
92	89		(3) The registrars [or the board] shall, not later than ten days after 55
93	90		receipt of a copy of the notice of appeal, deliver the record of the 56
94	91		hearing of the registrars [or board] under subsection (a) of this section 57
95	92		to the commission. 58
96	93		(4) The commission shall hear such appeal not later than twenty-one 59
97	94		days after notice of appeal is filed with the commission. Such hearing 60
98	95		shall be conducted in accordance with the provisions of sections 4-176e 61
99	96		to 4-180a, inclusive, and section 4-181a. The commission may consider 62
100	97		the record of the hearing delivered by the registrars [or the board] and 63
101	98		may examine witnesses, documents and any other evidence that it 64
102	99		determines may have a bearing on the proper determination of the 65
103	100		issues brought on appeal. The commission's hearing shall be recorded. 66
104	101		(5) The commission shall render its decision not later than sixty days 67
105	102		after the close of its hearing, except that an extension of time may be 68
106	103		granted by the commission upon application of any party that sets 69
107	104		forth circumstances that the commission determines is appropriate to 70
108	105		granting an extension of time. The commission may also initiate an 71
109	106		extension of time for rendering its decision, after written notice to the 72
110	107		parties, provided all of the parties before the commission give their 73
111	108		prior written consent. 74
112		-	(6) The decision of the commission shall determine the person's 75 Committee Bill No. 6055
	109	+	(6) The decision of the commission shall determine the person's 75
	110	+	Committee Bill No. 6055
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119	115		right to be or remain an elector. If any such decision is adverse to such 76
120	116		individual's right, the commission shall order both registrars to 77
121	117		remove the elector's name from the town's active and inactive registry 78
122	118		list and any enrollment list. Any person whose name has been so 79
123	119		removed may reapply for admission as an elector with the registrars of 80
124	120		voters of the same town at any time. If such application is made within 81
125	121		four years after the commission's decision, both registrars may 82
126	122		approve such application only after they find that there has been a 83
127	123		substantial change in the circumstances that provided the basis for the 84
128	124		commission's decision and that the individual is eligible to be an 85
129	125		elector. Registrars who approve an individual's application for 86
130	126		admission within this time period without a substantial change in 87
131	127		circumstances may be subject to a civil penalty imposed by the 88
132	128		commission in accordance with subdivision (2) of subsection (a) of 89
133	129		section 9-7b if the commission determines, following a written 90
134	130		complaint filed with the commission pursuant to said section 9-7b, that 91
135	131		the registrars' action was without good cause and constitutes a wilful 92
136	132		violation of a prior order of the commission. 93
137	133		Sec. 4. Section 9-358 of the general statutes is repealed and the 94
138	134		following is substituted in lieu thereof (Effective from passage): 95
139	135		Any person who, upon oath or affirmation, legally administered, 96
140	136		wilfully and corruptly testifies or affirms, before any registrar of 97
141	137		voters, any moderator of any election, primary or referendum [, any 98
142	138		board for admission of electors] or the State Elections Enforcement 99
143	139		Commission, falsely, to any material fact concerning the identity, age, 100
144	140		residence or other qualifications of any person whose right to be 101
145	141		registered or admitted as an elector or to vote at any election, primary 102
146	142		or referendum is being passed upon and decided, shall be guilty of a 103
147	143		class D felony and shall be disfranchised. 104
148	144		Sec. 5. Section 9-362 of the general statutes is repealed and the 105
149	145		following is substituted in lieu thereof (Effective from passage): 106
150		-	The decision [of the board for admission of electors or] of the 107 Committee Bill No. 6055
	146	+	The decision [of the board for admission of electors or] of the 107
	147	+	Committee Bill No. 6055
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157	152		registrars or of a moderator, as to a person's right to be admitted to the 108
158	153		elector's oath, to registration or to cast his vote, shall, in no case, be a 109
159	154		bar to a criminal prosecution for procuring himself to be made an 110
160	155		elector or to be registered or for voting, without the qualifications 111
161	156		required by law. 112
162	157		Sec. 6. Subsections (a) and (b) of section 9-35 of the general statutes 113
163	158		are repealed and the following is substituted in lieu thereof (Effective 114
164	159		from passage): 115
165	160		(a) The registrars, [on the Tuesday of the fifth week] before each 116
166	161		regular election, shall [be in session for the purpose of completing] 117
167	162		complete a correct list of all electors who will be entitled to vote at 118
168	163		such election. Such registry list shall consist of an active registry list 119
169	164		and an inactive registry list. [Such session shall be held during such 120
170	165		hours between nine o'clock a.m. and five o'clock p.m. as the registrars 121
171	166		find necessary to complete the list. Notice of such session shall be 122
172	167		given at least five days before the session by publication in a 123
173	168		newspaper having a circulation in such municipality, if any, and by 124
174	169		posting on the signpost therein, if any, or at some other exterior place 125
175	170		near the office of the town clerk. Such publication shall not be required 126
176	171		to be in the form of a legal advertisement.] 127
177	172		(b) [At such session and on] On any day except on the day of an 128
178	173		election or primary, the registrars shall remove from the list the name 129
179	174		of each elector who has died, who has been disfranchised or who has 130
180	175		confirmed in writing that the elector has moved out of the 131
181	176		municipality, except electors entitled to remain on such list under the 132
182	177		provisions of this chapter. An elector shall be deemed to have 133
183	178		confirmed in writing that the elector has moved out of the 134
184	179		municipality if (1) the elector has submitted a change of address form 135
185	180		for purposes of a state motor vehicle operator's license, unless the 136
186	181		elector states on the form that the change of address is not for voter 137
187	182		registration purposes, (2) the elector has submitted a change of address 138
188	183		form to a voter registration agency, as defined in section 9-23n, and 139
189		-	~~such agency has provided such change of address to the registrars of 140~~ Committee Bill No. 6055
	184	+	Committee Bill No. 6055
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	189	+	such agency has provided such change of address to the registrars of 140
196	190		voters, or (3) the registrars of voters have received a cancellation of 141
197	191		previous registration from any other election official indicating that 142
198	192		such elector has registered as an elector outside such municipality. 143
199	193		Sec. 7. Section 9-35a of the general statutes is repealed and the 144
200	194		following is substituted in lieu thereof (Effective from passage): 145
201	195		Immediately [after the close of the session or immediately] after the 146
202	196		sending of notice of intended removal provided for in section 9-35, as 147
203	197		amended by this act, the registrars of voters shall post at the town hall 148
204	198		or municipal building in the municipality in which they serve, in a 149
205	199		place readily accessible to the public, a list of the names of the electors 150
206	200		whose names were removed from the registry list [at such session] or 151
207	201		will be removed on the date specified in section 9-35, as amended by 152
208	202		this act, together with the address of each such elector as it appeared 153
209	203		on the registry list at the time the name was so removed. Together with 154
210	204		such list, and as a part thereof, such registrars shall also cause to be 155
211	205		posted a statement that complete information as to such removal and 156
212	206		as to the privileges and remedies of those whose names were removed 157
213	207		from the registry list is available from such registrars, specifying when 158
214	208		and where such registrars are available for such purpose and, in the 159
215	209		case of registrars of voters having office hours, specifying such office 160
216	210		hours. 161
217	211		Sec. 8. Section 9-39 of the general statutes is repealed and the 162
218	212		following is substituted in lieu thereof (Effective from passage): 163
219	213		[The] For the purposes of section 9-234, the registrars of voters of 164
220	214		each municipality shall print copies of the final registry list for 165
221	215		distribution [in such municipality and] in all the voting districts 166
222	216		located [therein] within such municipality. The registrars shall, upon 167
223	217		request, produce for any candidate for election the final registry list for 168
224	218		each voting district for which such person is a candidate and shall 169
225	219		maintain such list, either on paper or in electronic format, for a period 170
226		-	of two years. 171 Committee Bill No. 6055
	220	+	of two years. 171
	221	+	Committee Bill No. 6055
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233	226		Sec. 9. Section 9-172b of the general statutes is repealed and the 172
234	227		following is substituted in lieu thereof (Effective from passage): 173
235	228		(a) In each municipality or political subdivision in which a special 174
236	229		election or referendum is to be held, the registrars of voters shall 175
237	230		prepare an updated list of the names and addresses of those persons 176
238	231		who acquired voting privileges after the completion of the revised 177
239	232		registry list and prior to the day of such special election or referendum. 178
240	233		In each such municipality or political subdivision, not later than the 179
241	234		day before such special election or referendum, such registrars of 180
242	235		voters shall cause to be completed [and printed] such list arranged as 181
243	236		provided in section 9-35, as amended by this act, and certified by them 182
244	237		to be correct, and shall [retain] print a sufficient number of copies to be 183
245	238		used by them at such special election or referendum for the [purpose 184
246	239		of checking the names of those who vote] purposes of section 9-234, 185
247	240		provided the names of any persons who acquired such voting 186
248	241		privileges within thirty days before such special election or 187
249	242		referendum may be inserted in writing on such printed list. [in 188
250	243		writing.] 189
251	244		(b) In the case of a special election or referendum, no person 190
252	245		admitted as an elector on the day of [the] such special election or 191
253	246		referendum shall be entitled to vote in [that] such special election or 192
254	247		referendum. 193
255	248		Sec. 10. Subsection (d) of section 9-192a of the general statutes is 194
256	249		repealed and the following is substituted in lieu thereof (Effective from 195
257	250		passage): 196
258	251		(d) The advisory committee shall also [(1)] develop a training 197
259	252		program in election procedures for poll workers. [, and (2) develop an 198
260	253		election law and procedures training program and guide for registrars, 199
261	254		deputy registrars and assistant registrars. The training program 200
262	255		developed under subdivision (2) of this subsection shall provide for 201
263	256		training to be conducted by trained registrars or former registrars 202
264		-	hired for such purpose by the Secretary of the State.] The committee 203 Committee Bill No. 6055
	257	+	hired for such purpose by the Secretary of the State.] The committee 203
	258	+	Committee Bill No. 6055
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270	262
271	263		shall submit such training [programs and training guide] program to 204
272	264		the Secretary of the State, who shall approve or modify [the programs 205
273	265		and guide] such program. 206
274	266		Sec. 11. Subdivision (3) of subsection (a) of section 9-192a of the 207
275	267		general statutes is repealed and the following is substituted in lieu 208
276	268		thereof (Effective from passage): 209
277	269		(3) Once certified, pursuant to subdivision (1) of this subsection, 210
278	270		each registrar shall participate each year in not less than eight hours of 211
279	271		training [, not including any training described under subdivision (2) 212
280	272		of subsection (d) of this section,] in order to maintain such certification. 213
281	273		Such training shall be as prescribed by the Secretary of the State and 214
282	274		shall be conducted by said Secretary or a third party approved by said 215
283	275		Secretary to conduct such training. Any registrar who fails to satisfy 216
284	276		such annual training requirement shall be directed by the Secretary of 217
285	277		the State to take remedial measures prescribed by said Secretary. 218
286	278		Sec. 12. Subsection (b) of section 9-249 of the general statutes is 219
287	279		repealed and the following is substituted in lieu thereof (Effective from 220
288	280		passage): 221
289	281		(b) The election officials of such voting districts shall attend the 222
290	282		elections training program developed under [subdivision (1) of] 223
291	283		subsection (d) of section 9-192a, as amended by this act, and any other 224
292	284		meeting or meetings as are called for the purpose of receiving such 225
293	285		instructions concerning their duties as are necessary for the proper 226
294	286		conduct of the election. 227
295	287		Sec. 13. Section 9-233 of the general statutes is repealed and the 228
296	288		following is substituted in lieu thereof (Effective from passage): 229
297	289		Prior to each election, the registrars of voters of each town shall 230
298	290		appoint, for each voting tabulator to be used at such election, at least 231
299	291		one and not more than two electors of [such town] the state as a voting 232
300	292		tabulator tender, unless the registrars of voters have established two 233
301		-	~~shifts for election officials under the provisions of section 9-258a, in 234~~ Committee Bill No. 6055
	293	+	Committee Bill No. 6055
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	298	+	shifts for election officials under the provisions of section 9-258a, in 234
308	299		which case the registrars shall appoint at least one and not more than 235
309	300		two such electors to be voting tabulator tenders, for each voting 236
310	301		tabulator, for each shift. 237
311	302		Sec. 14. Subsection (b) of section 9-1, and sections 9-15a and 9-192b 238
312	303		of the general statutes are repealed. (Effective from passage) 239
313	304		This act shall take effect as follows and shall amend the following
314	305		sections:
315	306
316	307		Section 1 from passage 9-16
317	308		Sec. 2 from passage 9-17a
318	309		Sec. 3 from passage 9-31l
319	310		Sec. 4 from passage 9-358
320	311		Sec. 5 from passage 9-362
321	312		Sec. 6 from passage 9-35(a) and (b)
322	313		Sec. 7 from passage 9-35a
323	314		Sec. 8 from passage 9-39
324	315		Sec. 9 from passage 9-172b
325	316		Sec. 10 from passage 9-192a(d)
326	317		Sec. 11 from passage 9-192a(a)(3)
327	318		Sec. 12 from passage 9-249(b)
328	319		Sec. 13 from passage 9-233
329	320		Sec. 14 from passage Repealer section
330	321
331		-	GAE Joint Favorable
	322	+	Statement of Purpose:
	323	+	To make updates to election administration law concerning (1)
	324	+	admission of electors and maintenance of registry lists, (2) training of
	325	+	certain election officials, and (3) residential status of tabulator tenders.
	326	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	327	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	328	+	not underlined.]
	329	+
	330	+	Co-Sponsors: REP. FOX, 148th Dist.
	331	+
	332	+	H.B. 6055
	333	+
332	334