Connecticut 2019 Regular Session

Connecticut House Bill HB07213 Compare Versions

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75 General Assembly Raised Bill No. 7213
86 January Session, 2019
97 LCO No. 4448
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12-Referred to Committee on GOVERNMENT
13-ADMINISTRATION AND ELECTIONS
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
1412
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1614 Introduced by:
1715 (GAE)
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2019
2120 AN ACT CONCERNING EL ECTORAL PRIVILEGES OF CERTAIN
2221 PAROLEES AND CHALLEN GERS IN THE POLLING PLACE.
2322 Be it enacted by the Senate and House of Representatives in General
2423 Assembly convened:
2524
2625 Section 1. Section 9-46a of the general statutes is repealed and the 1
2726 following is substituted in lieu thereof (Effective July 1, 2019): 2
2827 (a) A person who has been convicted of a felony and committed to 3
2928 confinement in a federal or other state correctional institution or 4
3029 facility or community residence shall have such person's electoral 5
3130 privileges restored [upon the payment of all fines in conjunction with 6
3231 the conviction and] once such person has been [discharged] released 7
3332 from confinement. [, and, if applicable, parole.] 8
3433 (b) Upon the release from confinement in a correctional institution 9
3534 or facility or a community residence of a person who has been 10
3635 convicted of a felony and committed to the custody of the 11
3736 Commissioner of Correction, [and, if applicable, the discharge of such 12
38-person from parole,] (1) the person shall have the right to become an 13
39-elector, (2) the Commissioner of Correction shall give the person a 14 Raised Bill No. 7213
37+person from parole,] (1) the person shall have the right to become an 13 Raised Bill No. 7213
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43+elector, (2) the Commissioner of Correction shall give the person a 14
4644 document certifying that the person has been released from such 15
4745 confinement, [and, if applicable, has been discharged from parole,] (3) 16
4846 if the person was an elector at the time of such felony conviction and, 17
4947 after such release, [and any such discharge,] is residing in the same 18
5048 municipality in which the person resided at the time of such felony 19
5149 conviction, the person's electoral privileges shall be restored, and (4) if 20
5250 the person was an elector at the time of such felony conviction and, 21
5351 after such release, [and any such discharge,] is residing in a different 22
5452 municipality or if the person was not an elector at the time of such 23
5553 felony conviction, the person's electoral privileges shall be restored or 24
5654 granted upon submitting to an admitting official satisfactory proof of 25
5755 the person's qualifications to be admitted as an elector. The provisions 26
5856 of subdivisions (1) to (4), inclusive, of this subsection shall not apply to 27
5957 any person convicted of a felony for a violation of any provision of this 28
6058 title until such person has been discharged from any parole or 29
6159 probation for such felony. 30
6260 (c) The registrars of voters of the municipality in which a person is 31
6361 admitted as an elector pursuant to subsection (a) or (b) of this section, 32
6462 within thirty days after the date on which such person is admitted, 33
6563 shall notify the registrars of voters of the municipality wherein such 34
6664 person resided at the time of such person's conviction that such 35
6765 person's electoral rights have been so restored. 36
6866 (d) The Commissioner of Correction shall establish procedures to 37
6967 inform those persons who have been convicted of a felony and 38
7068 committed to the custody of said commissioner for confinement in a 39
7169 correctional institution or facility or a community residence, and are 40
7270 eligible to have their electoral privileges restored or granted pursuant 41
7371 to subsection (b) of this section, of the right and procedures to have 42
7472 such privileges restored. The Office of Adult Probation shall, within 43
7573 available appropriations, inform such persons who are on probation 44
7674 on January 1, 2002, of their right to become electors and procedures to 45
7775 have their electoral privileges restored, which shall be in accordance 46
7876 with subsections (b) and (c) of this section. 47 Raised Bill No. 7213
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8582 (e) The Commissioner of Correction shall, on or before the fifteenth 48
8683 day of each month, transmit to the Secretary of the State a list of all 49
8784 persons convicted of a felony and committed to the custody of said 50
8885 commissioner who, during the preceding calendar month, have been 51
8986 released from confinement in a correctional institution or facility or a 52
9087 community residence. [and, if applicable, discharged from parole.] 53
9188 Such lists shall include the names, birth dates and addresses of such 54
9289 persons, with the dates of their convictions and the crimes of which 55
9390 such persons have been convicted. The Secretary of the State shall 56
9491 transmit such lists to the registrars of the municipalities in which such 57
9592 convicted persons resided at the time of their convictions and to the 58
9693 registrars of any municipalities where the secretary believes such 59
9794 persons may be electors. 60
9895 Sec. 2. Section 9-453e of the general statutes is repealed and the 61
9996 following is substituted in lieu thereof (Effective July 1, 2019): 62
10097 Each circulator of a nominating petition page shall be a United 63
10198 States citizen, at least eighteen years of age and a resident of a town in 64
10299 this state. [and shall not be on parole for conviction of a felony.] Any 65
103100 individual proposed as a candidate in any nominating petition may 66
104101 serve as circulator of the pages of such nominating petition. 67
105102 Sec. 3. Section 9-453j of the general statutes is repealed and the 68
106103 following is substituted in lieu thereof (Effective July 1, 2019): 69
107104 Each page of a nominating petition submitted to the town clerk or 70
108105 the Secretary of the State and filed with the Secretary of the State under 71
109106 the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 72
110107 shall contain a statement as to the residency in this state and eligibility 73
111108 of the circulator and authenticity of the signatures thereon, signed 74
112109 under penalties of false statement, by the person who circulated the 75
113110 same. Such statement shall set forth (1) such circulator's residence 76
114111 address, including the town in this state in which such circulator is a 77
115112 resident, (2) the circulator's date of birth and that the circulator is at 78
116113 least eighteen years of age, (3) that the circulator is a United States 79 Raised Bill No. 7213
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123119 citizen, [and not on parole for conviction of a felony,] and (4) that each 80
124120 person whose name appears on such page signed the same in person 81
125121 in the presence of such circulator and that either the circulator knows 82
126122 each such signer or that the signer satisfactorily identified himself to 83
127123 the circulator. Any false statement committed with respect to such 84
128124 statement shall be deemed to have been committed in the town in 85
129125 which the petition was circulated. 86
130126 Sec. 4. Subsection (a) of section 9-232 of the general statutes is 87
131127 repealed and the following is substituted in lieu thereof (Effective July 88
132128 1, 2019): 89
133129 (a) [Each registrar may appoint one or more challengers in his town 90
134130 or district, one of whom may be present at the offering of any vote; and 91
135131 any such challenger or any] Any elector may challenge the right of any 92
136132 person offering to vote, on the ground of want of identity with the 93
137133 person on whose name the vote is offered, or disfranchisement or lack 94
138134 of bona fide residence, and the moderator shall decide upon the right 95
139135 of the person so challenged to vote. 96
140136 Sec. 5. Section 9-235d of the general statutes is repealed and the 97
141137 following is substituted in lieu thereof (Effective July 1, 2019): 98
142138 (a) Notwithstanding any provision of sections 9-233, 9-235 and 9-99
143139 258, as amended by this act, to the contrary, a United States citizen 100
144140 who is sixteen or seventeen years of age and a bona fide resident of a 101
145141 town may be [(1)] appointed as [a challenger or] (1) an unofficial 102
146142 checker in an election, or (2) [appointed as] a checker, translator, ballot 103
147143 clerk or voting tabulator tender in an election after (A) attending poll 104
148144 worker training, and (B) receiving the written permission of a parent, 105
149145 guardian or the principal of the school that the citizen attends if the 106
150146 citizen is a secondary school student and the citizen is to be appointed 107
151147 to work on a day when such school is in session. 108
152148 (b) Notwithstanding any provision of section 9-436 or 9-436a to the 109
153-contrary, a United States citizen who is sixteen or seventeen years of 110 Raised Bill No. 7213
149+contrary, a United States citizen who is sixteen or seventeen years of 110
150+age and a bona fide resident of a town or political subdivision holding 111 Raised Bill No. 7213
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161156 a primary may be [(1)] appointed as [a challenger or] (1) a candidate 112
162157 checker in the primary, or (2) [appointed as] a checker, translator, 113
163158 ballot clerk or voting tabulator tender in a primary after (A) attending 114
164159 poll worker training, and (B) receiving the written permission of a 115
165160 parent, guardian or the principal of the school that the citizen attends 116
166161 if the citizen is a secondary school student and the citizen is to be 117
167162 appointed to work on a day when such school is in session. 118
168163 Sec. 6. Subsections (a) and (b) of section 9-258 of the general statutes 119
169164 are repealed and the following is substituted in lieu thereof (Effective 120
170165 July 1, 2019): 121
171166 (a) For municipalities with more than one voting district, the 122
172167 election officials of each polling place shall be electors of the state and 123
173168 shall consist of (1) one moderator, (2) at least one but not more than 124
174169 two official checkers, (3) two assistant registrars of voters of opposite 125
175170 political parties, each of whom shall be residents of the town, (4) [not 126
176171 more than two challengers if the registrars of voters have appointed 127
177172 challengers pursuant to section 9-232, (5)] at least one but not more 128
178173 than two ballot clerks, and [(6)] (5) at least one but not more than two 129
179174 voting tabulator tenders for each voting tabulator in use at the polling 130
180175 place. A known candidate for any office shall not serve as an election 131
181176 official on election day or serve at the polls in any capacity, except that 132
182177 (A) a municipal clerk or a registrar of voters, who is a candidate for the 133
183178 same office, may perform his or her official duties, and (B) a deputy 134
184179 registrar of voters, who is a candidate for the office of registrar of 135
185180 voters, may perform his or her official duties. If, in the opinion of the 136
186181 registrar of voters, the public convenience of the electors in any voting 137
187182 district so requires, provision shall be made for an additional line or 138
188183 lines of electors at the polling place and, if more than one line of 139
189184 electors is established, at least one but not more than two additional 140
190185 official checkers and at least one but not more than two ballot clerks 141
191186 for each line of electors shall be appointed and, if more than one 142
192-tabulator is used in a polling place, at least one but not more than two 143 Raised Bill No. 7213
187+tabulator is used in a polling place, at least one but not more than two 143
188+additional voting tabulator tenders shall be appointed for each 144
189+additional machine so used. Head moderators, central counting 145 Raised Bill No. 7213
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199-additional voting tabulator tenders shall be appointed for each 144
200-additional machine so used. Head moderators, central counting 145
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201195 moderators and absentee ballot counters appointed pursuant to law 146
202196 shall also be deemed election officials. 147
203197 (b) For municipalities with one voting district, the election officials 148
204198 of such polling place shall be electors of the state and shall consist of 149
205199 (1) one moderator, (2) at least one but not more than two official 150
206200 checkers, (3) [not more than two challengers if the registrars of voters 151
207201 have appointed challengers pursuant to section 9-232, (4)] at least one 152
208202 but not more than two voting tabulator tenders for each voting 153
209203 tabulator in use at the polling place, and [(5)] (4) at least one but not 154
210204 more than two ballot clerks. Additionally, such election officials may 155
211205 consist of two registrars of voters of opposite political parties, or two 156
212206 assistant registrars of voters of opposite political parties, as the case 157
213207 may be, subject to the requirements of sections 9-259 and 9-439, 158
214208 provided if the registrars of voters are present in the polling place, they 159
215209 shall appoint at least one designee to be present in their office. A 160
216210 known candidate for any office shall not serve as an election official on 161
217211 election day or serve at the polls in any capacity, except that (A) a 162
218212 municipal clerk or a registrar of voters, who is a candidate for the same 163
219213 office, may perform his or her official duties, and (B) a deputy registrar 164
220214 of voters, who is a candidate for the office of registrar of voters, may 165
221215 perform his or her official duties. If, in the opinion of the registrar of 166
222216 voters, the public convenience of the electors in any voting district so 167
223217 requires, provision shall be made for an additional line or lines of 168
224218 electors at the polling place and, if more than one line of electors is 169
225219 established, at least one but not more than two additional official 170
226220 checkers for each line of electors shall be appointed and, if more than 171
227221 one tabulator is used in a polling place, at least one but not more than 172
228222 two additional voting tabulator tenders shall be appointed for each 173
229223 additional tabulator so used. Head moderators, central counting 174
230224 moderators and absentee ballot counters appointed pursuant to law 175
231-shall be deemed to be election officials. 176 Raised Bill No. 7213
225+shall be deemed to be election officials. 176
226+Sec. 7. Subsection (c) of section 9-436 of the general statutes is 177
227+repealed and the following is substituted in lieu thereof (Effective July 178
228+1, 2019): 179 Raised Bill No. 7213
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238-Sec. 7. Subsection (c) of section 9-436 of the general statutes is 177
239-repealed and the following is substituted in lieu thereof (Effective July 178
240-1, 2019): 179
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241234 (c) The registrar shall appoint from among the enrolled party 180
242235 members in the state, to serve in each polling place, the primary 181
243236 polling place officials, who shall consist of (1) one moderator, (2) at 182
244237 least one [,] but not more than two official checkers, [not more than 183
245238 two challengers if the registrar deems it necessary, and] (3) at least one 184
246239 [and] but not more than two ballot clerks, [and] (4) at least one but not 185
247240 more than two voting tabulator tenders for each tabulator in use at 186
248241 such primary, and [,] (5) in towns with two or more voting districts, at 187
249242 least one [and] but not more than two assistant registrars, provided 188
250243 [(1)] (A) in the case of either a municipality or a political subdivision 189
251244 holding a primary, if no enrolled party member can be found or no 190
252245 such person consents to serve as a moderator, the registrar may 191
253246 appoint any elector who resides in the state and is a certified 192
254247 moderator to be moderator, [(2)] (B) in the case of a political 193
255248 subdivision holding a primary, if an insufficient number of enrolled 194
256249 party members who reside in the state consent to serve as checkers, 195
257250 [challengers,] voting tabulator tenders or assistant registrars, the 196
258251 registrar may appoint any elector who resides in the state to be a 197
259252 checker, [challenger,] voting tabulator tender or assistant registrar, and 198
260253 [(3)] (C) in the case of either a municipality or a political subdivision 199
261254 holding more than one primary on the same day for different political 200
262255 parties, one certified moderator may serve as moderator for both 201
263256 primaries, if the registrars of voters so agree. If unaffiliated electors are 202
264257 authorized under section 9-431 to vote for some but not all of the 203
265258 offices to be contested at the primary, the registrar shall appoint two 204
266259 additional checkers to check the list of unaffiliated electors who are 205
267260 authorized to vote on the separate tabulators. If unaffiliated electors 206
268261 are authorized under section 9-431 to vote in the primary of either of 207
269262 two parties in the same polling place, whether for some or for all 208
270263 offices to be contested at the primary, each such registrar shall appoint 209
271-two additional checkers to check the list of unaffiliated electors who 210 Raised Bill No. 7213
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264+two additional checkers to check the list of unaffiliated electors who 210
278265 are authorized to vote in either such primary. 211
279266 This act shall take effect as follows and shall amend the following
280267 sections:
268+ Raised Bill No. 7213
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270+
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272+LCO No. 4448 8 of 8
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282274 Section 1 July 1, 2019 9-46a
283275 Sec. 2 July 1, 2019 9-453e
284276 Sec. 3 July 1, 2019 9-453j
285277 Sec. 4 July 1, 2019 9-232(a)
286278 Sec. 5 July 1, 2019 9-235d
287279 Sec. 6 July 1, 2019 9-258(a) and (b)
288280 Sec. 7 July 1, 2019 9-436(c)
289281
290-GAE Joint Favorable
282+Statement of Purpose:
283+To eliminate registrar-appointed challengers from who may be present
284+in the polling place during a primary or election.
285+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
286+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
287+not underlined.]
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