Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07213 Introduced / Bill

Filed 02/20/2019

                        
 
LCO No. 4448  	1 of 8 
 
General Assembly  Raised Bill No. 7213  
January Session, 2019  
LCO No. 4448 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
 
AN ACT CONCERNING EL ECTORAL PRIVILEGES OF CERTAIN 
PAROLEES AND CHALLEN GERS IN THE POLLING PLACE. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 9-46a of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2019): 2 
(a) A person who has been convicted of a felony and committed to 3 
confinement in a federal or other state correctional institution or 4 
facility or community residence shall have such person's electoral 5 
privileges restored [upon the payment of all fines in conjunction with 6 
the conviction and] once such person has been [discharged] released 7 
from confinement. [, and, if applicable, parole.] 8 
(b) Upon the release from confinement in a correctional institution 9 
or facility or a community residence of a person who has been 10 
convicted of a felony and committed to the custody of the 11 
Commissioner of Correction, [and, if applicable, the discharge of such 12 
person from parole,] (1) the person shall have the right to become an 13  Raised Bill No.  7213 
 
 
 
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elector, (2) the Commissioner of Correction shall give the person a 14 
document certifying that the person has been released from such 15 
confinement, [and, if applicable, has been discharged from parole,] (3) 16 
if the person was an elector at the time of such felony conviction and, 17 
after such release, [and any such discharge,] is residing in the same 18 
municipality in which the person resided at the time of such felony 19 
conviction, the person's electoral privileges shall be restored, and (4) if 20 
the person was an elector at the time of such felony conviction and, 21 
after such release, [and any such discharge,] is residing in a different 22 
municipality or if the person was not an elector at the time of such 23 
felony conviction, the person's electoral privileges shall be restored or 24 
granted upon submitting to an admitting official satisfactory proof of 25 
the person's qualifications to be admitted as an elector. The provisions 26 
of subdivisions (1) to (4), inclusive, of this subsection shall not apply to 27 
any person convicted of a felony for a violation of any provision of this 28 
title until such person has been discharged from any parole or 29 
probation for such felony. 30 
(c) The registrars of voters of the municipality in which a person is 31 
admitted as an elector pursuant to subsection (a) or (b) of this section, 32 
within thirty days after the date on which such person is admitted, 33 
shall notify the registrars of voters of the municipality wherein such 34 
person resided at the time of such person's conviction that such 35 
person's electoral rights have been so restored. 36 
(d) The Commissioner of Correction shall establish procedures to 37 
inform those persons who have been convicted of a felony and 38 
committed to the custody of said commissioner for confinement in a 39 
correctional institution or facility or a community residence, and are 40 
eligible to have their electoral privileges restored or granted pursuant 41 
to subsection (b) of this section, of the right and procedures to have 42 
such privileges restored. The Office of Adult Probation shall, within 43 
available appropriations, inform such persons who are on probation 44 
on January 1, 2002, of their right to become electors and procedures to 45 
have their electoral privileges restored, which shall be in accordance 46 
with subsections (b) and (c) of this section. 47  Raised Bill No.  7213 
 
 
 
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(e) The Commissioner of Correction shall, on or before the fifteenth 48 
day of each month, transmit to the Secretary of the State a list of all 49 
persons convicted of a felony and committed to the custody of said 50 
commissioner who, during the preceding calendar month, have been 51 
released from confinement in a correctional institution or facility or a 52 
community residence. [and, if applicable, discharged from parole.] 53 
Such lists shall include the names, birth dates and addresses of such 54 
persons, with the dates of their convictions and the crimes of which 55 
such persons have been convicted. The Secretary of the State shall 56 
transmit such lists to the registrars of the municipalities in which such 57 
convicted persons resided at the time of their convictions and to the 58 
registrars of any municipalities where the secretary believes such 59 
persons may be electors.  60 
Sec. 2. Section 9-453e of the general statutes is repealed and the 61 
following is substituted in lieu thereof (Effective July 1, 2019): 62 
Each circulator of a nominating petition page shall be a United 63 
States citizen, at least eighteen years of age and a resident of a town in 64 
this state. [and shall not be on parole for conviction of a felony.] Any 65 
individual proposed as a candidate in any nominating petition may 66 
serve as circulator of the pages of such nominating petition.  67 
Sec. 3. Section 9-453j of the general statutes is repealed and the 68 
following is substituted in lieu thereof (Effective July 1, 2019): 69 
Each page of a nominating petition submitted to the town clerk or 70 
the Secretary of the State and filed with the Secretary of the State under 71 
the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 72 
shall contain a statement as to the residency in this state and eligibility 73 
of the circulator and authenticity of the signatures thereon, signed 74 
under penalties of false statement, by the person who circulated the 75 
same. Such statement shall set forth (1) such circulator's residence 76 
address, including the town in this state in which such circulator is a 77 
resident, (2) the circulator's date of birth and that the circulator is at 78 
least eighteen years of age, (3) that the circulator is a United States 79  Raised Bill No.  7213 
 
 
 
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citizen, [and not on parole for conviction of a felony,] and (4) that each 80 
person whose name appears on such page signed the same in person 81 
in the presence of such circulator and that either the circulator knows 82 
each such signer or that the signer satisfactorily identified himself to 83 
the circulator. Any false statement committed with respect to such 84 
statement shall be deemed to have been committed in the town in 85 
which the petition was circulated.  86 
Sec. 4. Subsection (a) of section 9-232 of the general statutes is 87 
repealed and the following is substituted in lieu thereof (Effective July 88 
1, 2019): 89 
(a) [Each registrar may appoint one or more challengers in his town 90 
or district, one of whom may be present at the offering of any vote; and 91 
any such challenger or any] Any elector may challenge the right of any 92 
person offering to vote, on the ground of want of identity with the 93 
person on whose name the vote is offered, or disfranchisement or lack 94 
of bona fide residence, and the moderator shall decide upon the right 95 
of the person so challenged to vote. 96 
Sec. 5. Section 9-235d of the general statutes is repealed and the 97 
following is substituted in lieu thereof (Effective July 1, 2019): 98 
(a) Notwithstanding any provision of sections 9-233, 9-235 and 9-99 
258, as amended by this act, to the contrary, a United States citizen 100 
who is sixteen or seventeen years of age and a bona fide resident of a 101 
town may be [(1)] appointed as [a challenger or] (1) an unofficial 102 
checker in an election, or (2) [appointed as] a checker, translator, ballot 103 
clerk or voting tabulator tender in an election after (A) attending poll 104 
worker training, and (B) receiving the written permission of a parent, 105 
guardian or the principal of the school that the citizen attends if the 106 
citizen is a secondary school student and the citizen is to be appointed 107 
to work on a day when such school is in session. 108 
(b) Notwithstanding any provision of section 9-436 or 9-436a to the 109 
contrary, a United States citizen who is sixteen or seventeen years of 110 
age and a bona fide resident of a town or political subdivision holding 111  Raised Bill No.  7213 
 
 
 
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a primary may be [(1)] appointed as [a challenger or] (1) a candidate 112 
checker in the primary, or (2) [appointed as] a checker, translator, 113 
ballot clerk or voting tabulator tender in a primary after (A) attending 114 
poll worker training, and (B) receiving the written permission of a 115 
parent, guardian or the principal of the school that the citizen attends 116 
if the citizen is a secondary school student and the citizen is to be 117 
appointed to work on a day when such school is in session.  118 
Sec. 6. Subsections (a) and (b) of section 9-258 of the general statutes 119 
are repealed and the following is substituted in lieu thereof (Effective 120 
July 1, 2019): 121 
(a) For municipalities with more than one voting district, the 122 
election officials of each polling place shall be electors of the state and 123 
shall consist of (1) one moderator, (2) at least one but not more than 124 
two official checkers, (3) two assistant registrars of voters of opposite 125 
political parties, each of whom shall be residents of the town, (4) [not 126 
more than two challengers if the registrars of voters have appointed 127 
challengers pursuant to section 9-232, (5)] at least one but not more 128 
than two ballot clerks, and [(6)] (5) at least one but not more than two 129 
voting tabulator tenders for each voting tabulator in use at the polling 130 
place. A known candidate for any office shall not serve as an election 131 
official on election day or serve at the polls in any capacity, except that 132 
(A) a municipal clerk or a registrar of voters, who is a candidate for the 133 
same office, may perform his or her official duties, and (B) a deputy 134 
registrar of voters, who is a candidate for the office of registrar of 135 
voters, may perform his or her official duties. If, in the opinion of the 136 
registrar of voters, the public convenience of the electors in any voting 137 
district so requires, provision shall be made for an additional line or 138 
lines of electors at the polling place and, if more than one line of 139 
electors is established, at least one but not more than two additional 140 
official checkers and at least one but not more than two ballot clerks 141 
for each line of electors shall be appointed and, if more than one 142 
tabulator is used in a polling place, at least one but not more than two 143 
additional voting tabulator tenders shall be appointed for each 144 
additional machine so used. Head moderators, central counting 145  Raised Bill No.  7213 
 
 
 
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moderators and absentee ballot counters appointed pursuant to law 146 
shall also be deemed election officials. 147 
(b) For municipalities with one voting district, the election officials 148 
of such polling place shall be electors of the state and shall consist of 149 
(1) one moderator, (2) at least one but not more than two official 150 
checkers, (3) [not more than two challengers if the registrars of voters 151 
have appointed challengers pursuant to section 9-232, (4)] at least one 152 
but not more than two voting tabulator tenders for each voting 153 
tabulator in use at the polling place, and [(5)] (4) at least one but not 154 
more than two ballot clerks. Additionally, such election officials may 155 
consist of two registrars of voters of opposite political parties, or two 156 
assistant registrars of voters of opposite political parties, as the case 157 
may be, subject to the requirements of sections 9-259 and 9-439, 158 
provided if the registrars of voters are present in the polling place, they 159 
shall appoint at least one designee to be present in their office. A 160 
known candidate for any office shall not serve as an election official on 161 
election day or serve at the polls in any capacity, except that (A) a 162 
municipal clerk or a registrar of voters, who is a candidate for the same 163 
office, may perform his or her official duties, and (B) a deputy registrar 164 
of voters, who is a candidate for the office of registrar of voters, may 165 
perform his or her official duties. If, in the opinion of the registrar of 166 
voters, the public convenience of the electors in any voting district so 167 
requires, provision shall be made for an additional line or lines of 168 
electors at the polling place and, if more than one line of electors is 169 
established, at least one but not more than two additional official 170 
checkers for each line of electors shall be appointed and, if more than 171 
one tabulator is used in a polling place, at least one but not more than 172 
two additional voting tabulator tenders shall be appointed for each 173 
additional tabulator so used. Head moderators, central counting 174 
moderators and absentee ballot counters appointed pursuant to law 175 
shall be deemed to be election officials. 176 
Sec. 7. Subsection (c) of section 9-436 of the general statutes is 177 
repealed and the following is substituted in lieu thereof (Effective July 178 
1, 2019): 179  Raised Bill No.  7213 
 
 
 
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(c) The registrar shall appoint from among the enrolled party 180 
members in the state, to serve in each polling place, the primary 181 
polling place officials, who shall consist of (1) one moderator, (2) at 182 
least one [,] but not more than two official checkers, [not more than 183 
two challengers if the registrar deems it necessary, and] (3) at least one 184 
[and] but not more than two ballot clerks, [and] (4) at least one but not 185 
more than two voting tabulator tenders for each tabulator in use at 186 
such primary, and [,] (5) in towns with two or more voting districts, at 187 
least one [and] but not more than two assistant registrars, provided 188 
[(1)] (A) in the case of either a municipality or a political subdivision 189 
holding a primary, if no enrolled party member can be found or no 190 
such person consents to serve as a moderator, the registrar may 191 
appoint any elector who resides in the state and is a certified 192 
moderator to be moderator, [(2)] (B) in the case of a political 193 
subdivision holding a primary, if an insufficient number of enrolled 194 
party members who reside in the state consent to serve as checkers, 195 
[challengers,] voting tabulator tenders or assistant registrars, the 196 
registrar may appoint any elector who resides in the state to be a 197 
checker, [challenger,] voting tabulator tender or assistant registrar, and 198 
[(3)] (C) in the case of either a municipality or a political subdivision 199 
holding more than one primary on the same day for different political 200 
parties, one certified moderator may serve as moderator for both 201 
primaries, if the registrars of voters so agree. If unaffiliated electors are 202 
authorized under section 9-431 to vote for some but not all of the 203 
offices to be contested at the primary, the registrar shall appoint two 204 
additional checkers to check the list of unaffiliated electors who are 205 
authorized to vote on the separate tabulators. If unaffiliated electors 206 
are authorized under section 9-431 to vote in the primary of either of 207 
two parties in the same polling place, whether for some or for all 208 
offices to be contested at the primary, each such registrar shall appoint 209 
two additional checkers to check the list of unaffiliated electors who 210 
are authorized to vote in either such primary. 211 
This act shall take effect as follows and shall amend the following 
sections: 
  Raised Bill No.  7213 
 
 
 
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Section 1 July 1, 2019 9-46a 
Sec. 2 July 1, 2019 9-453e 
Sec. 3 July 1, 2019 9-453j 
Sec. 4 July 1, 2019 9-232(a) 
Sec. 5 July 1, 2019 9-235d 
Sec. 6 July 1, 2019 9-258(a) and (b) 
Sec. 7 July 1, 2019 9-436(c) 
 
Statement of Purpose:   
To eliminate registrar-appointed challengers from who may be present 
in the polling place during a primary or election. 
[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.]