LCO 5289 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055-R02- HB.docx 1 of 9 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 Section 9-16 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 The registrars of voters in each town shall give notice of the time 3 and place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 Section 9-17a of the general statutes is repealed and the 10 following is substituted in lieu thereof (Effective from passage): 11 As used in sections [9-17, 9-19b,] 9-19c, 9-20, [9-23a, 9-24,] 9-31a [,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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 2 of 9 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 Section 9-31l of the general statutes is repealed and the 17 following is substituted in lieu thereof (Effective from passage): 18 (a) (1) A person who is denied admission as an elector may appeal a 19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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 3 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 4 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 5 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 6 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 7 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 8 of 9 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 LCO 5289 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06055- R02-HB.docx } 9 of 9 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