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General Assembly Substitute Bill No. 7321
January Session, 2019
AN ACT CONCERNING EL ECTIONS AND SECURITY .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-241 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Any person owning or holding an interest in any voting 3
tabulator, as defined in subsection (w) of section 9-1, as amended by 4
this act, may apply to the Secretary of the State to examine such 5
tabulator and report on its accuracy and efficiency. The Secretary of the 6
State shall examine the tabulator and determine whether, in the 7
Secretary's opinion, the kind of tabulator so examined (1) meets the 8
requirements of section 9-242, (2) can be used at elections, primaries 9
and referenda held pursuant to this title, and (3) complies with 10
applicable standards for electronic voting tabulators. If the Secretary of 11
the State determines that the tabulator can be so used, such tabulator 12
may be adopted for such use. No tabulator not so approved shall be so 13
used. Each application shall be accompanied by a fee of one hundred 14
dollars and the Secretary of the State shall not approve any tabulator 15
until such fee and the expenses incurred by the Secretary in making 16
the examination have been paid by the person making such 17
application. Any voting tabulator company that has had its voting 18
tabulator approved and that subsequently alters such tabulator in any 19
way shall provide the Secretary of the State with notice of such 20 Substitute Bill No. 7321
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alterations, including a description thereof and a statement of the 21
purpose of such alterations. If any such alterations appear to materially 22
affect the accuracy, appearance or efficiency of the tabulator, or modify 23
the tabulator so that it can no longer be used at elections, primaries or 24
referenda held pursuant to this title, at the discretion of the Secretary 25
of the State, the company shall submit such alterations for inspection 26
and approval, at its own expense, before such altered tabulators may 27
be used. The Secretary of the State may adopt regulations, in 28
accordance with the provisions of chapter 54, concerning examination 29
and approval of voting tabulators under this section. No voting 30
tabulator that records votes by means of holes punched in designated 31
voting response locations may be approved or used at any election, 32
primary or referendum held pursuant to this title. 33
(b) The Secretary of the State shall appoint an individual to serve in 34
a cybersecurity role within the office of the Secretary of the State. Such 35
individual shall perform or assist in performing any technical review, 36
testing or research associated with (1) the use of voting systems, and 37
(2) the development of any other standards necessary to protect the 38
integrity of the voting process. 39
[(b)] (c) The Secretary of the State may enter into an agreement with 40
The University of Connecticut or a member of the Connecticut State 41
University System to perform or assist in performing the following 42
functions: (1) Any technical review, testing or research associated with 43
the certification of voting equipment, (2) any technical review, testing 44
or research associated with the decertification of voting equipment, (3) 45
the development of standards for the use of voting equipment during 46
any election, primary or referenda, (4) the development of standards to 47
ensure the accuracy of voting equipment, (5) the development of 48
standards and procedures for the security, set-up and storage of voting 49
equipment, (6) the development of standards, procedures and 50
oversight of post-election audits, (7) the development of standards for 51
recanvass procedures to ensure the accuracy and reliability of any such 52
recanvass, (8) the development of standards and procedures for the 53 Substitute Bill No. 7321
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testing, security and use of an election management system, (9) the 54
development of standards and procedures for the programming of 55
ballots and voting equipment, (10) research and analysis of data 56
formats for ballot programming and election-related electronic data, 57
and (11) the development of any other standards necessary to protect 58
the integrity of voting equipment. 59
Sec. 2. (NEW) (Effective from passage) (a) Whenever voter registration 60
information maintained under title 9 of the general statutes by the 61
Secretary of the State or any registrar of voters is provided pursuant to 62
any provision of the general statutes, disclosure of a voter's date of 63
birth shall be limited to only the year of birth, unless such voter 64
registration information is requested and used for a governmental 65
purpose, as determined by the Secretary, in which case the voter's 66
complete date of birth shall be provided. As used in this section, 67
"governmental purpose" includes, but is not limited to, jury 68
administration. 69
(b) Notwithstanding any provision of the general statutes, any 70
motor vehicle operator's license number, identity card number, Social 71
Security number and any other unique identifier used for the purpose 72
of generating a voter registration record, or added to such record for 73
compliance with the requirements of the Help America Vote Act, P.L. 74
107-252, as amended from time to time, shall be confidential and shall 75
not be disclosed to any person. 76
(c) Notwithstanding any provision of the general statutes, if a voter 77
submits to the Secretary of the State a signed statement that 78
nondisclosure of such voter's name from the official registry list is 79
necessary for the safety of such voter or the family of such voter, the 80
name and address of such voter on his or her voter registration record 81
shall be confidential and shall not be disclosed, except that an election, 82
primary or referendum official may view such information on the 83
official registry list when such list is used by any such official at a 84
polling place on the day of an election, primary or referendum. 85 Substitute Bill No. 7321
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Sec. 3. Subsection (w) of section 9-1 of the general statutes is 86
repealed and the following is substituted in lieu thereof (Effective from 87
passage): 88
(w) "Voting tabulator" means a machine, including, but not limited 89
to, a device [which operates] and any accompanying instrument, such 90
as a memory card, that operate by electronic means, for the registering 91
and recording of votes cast at elections, primaries and referenda; 92
Sec. 4. Subsection (a) of section 9-238 of the general statutes is 93
repealed and the following is substituted in lieu thereof (Effective from 94
passage): 95
(a) Except as provided in section 9-272, voting tabulators shall be 96
used at all elections held in any municipality, or in any part thereof, for 97
voting and registering and counting votes cast at such elections for 98
officers, and upon all questions or amendments submitted at such 99
elections. The board of selectmen of each town, the common council of 100
each city and the warden and burgesses of each borough shall 101
purchase or lease, or otherwise provide, for use at elections in each 102
such municipality (1) a number of voting tabulators approved by the 103
Secretary of the State, and (2) two memory cards programmed for each 104
such tabulator. Different voting tabulators may be provided for 105
different voting districts in the same municipality. Notwithstanding 106
any provision of this subsection to the contrary, the registrars of voters 107
of a municipality [may determine the number of voting tabulators that 108
shall be provided for use at any special election in such municipality, 109
provided the registrars shall provide at least one voting tabulator in 110
the municipality or, in a municipality divided into voting districts,] 111
shall use at least one voting tabulator in each [such] voting district. 112
Sec. 5. Section 9-247 of the general statutes is repealed and the 113
following is substituted in lieu thereof (Effective from passage): 114
(a) The registrars of voters shall, before the day of the election, cause 115
test ballots to be inserted in each tabulator to ensure that each 116 Substitute Bill No. 7321
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tabulator is prepared and read and cause each other voting system 117
approved by the Secretary of the State for use in the election, 118
including, but not limited to, voting devices equipped for individuals 119
with disabilities that comply with the provisions of the Help America 120
Vote Act, P.L. 107-25, as amended from time to time, to be put in order 121
in every way and set and adjust the same so that it shall be ready for 122
use in voting when delivered at the polling place. Such registrars of 123
voters shall cause each voting system to be in order and set and 124
adjusted, to be delivered at the polling place, together with all 125
necessary furniture and appliances that go with the same, at the room 126
where the election is to be held, and to be tested and operable not later 127
than one hour prior to the opening of the polling place. 128
(b) (1) Upon completion of the requirements set forth in subsection 129
(a) of this section and in regulations adopted by the Secretary of the 130
State pursuant to section 9-241, 9-242 or 9-242a relating to preparation 131
of any voting system, the registrars of voters shall submit for security 132
analysis one of the two memory cards programmed for each voting 133
tabulator, as provided in subdivision (2) of subsection (a) of section 9-134
238, as amended by this act, to any entity with which the Secretary 135
may have entered into an agreement pursuant to subsection (c) of 136
section 9-241, as amended by this act. 137
(2) In the case of a voting tabulator subject to audit pursuant to 138
section 9-320f, after the completion of such audit and the conclusion of 139
the period prescribed in sections 9-266 and 9-310 during which such 140
voting tabulator shall be locked, sealed, secured and stored, the 141
registrars of voters shall submit for security analysis the remaining 142
memory card programmed for such voting tabulator to any entity with 143
which the Secretary may have entered into an agreement pursuant to 144
subsection (c) of section 9-241, as amended by this act. 145
Sec. 6. Subsection (a) of section 9-404b of the general statutes is 146
repealed and the following is substituted in lieu thereof (Effective from 147
passage): 148 Substitute Bill No. 7321
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(a) The petition form for candidacies for nomination to state or 149
district office shall be prescribed and provided by the Secretary of the 150
State, and signatures shall be obtained only on such form or on 151
duplicate petition pages produced in accordance with the provisions of 152
section 9-404a. Such form shall include, at the top of the form and in 153
bold print, the following: 154
WARNING 155
IT IS A CRIME TO SIGN THIS PETITION 156
IN THE NAME OF ANOTHER PERSON 157
WITHOUT LEGAL AUTHORITY TO DO SO 158
AND YOU MAY NOT SIGN THIS PETITION 159
IF YOU ARE NOT AN ELECTOR. 160
The form shall include a statement of instructions to persons using the 161
form and shall indicate the date and time by which it shall be filed and 162
the person with whom it shall be filed. The form shall (1) provide 163
spaces for the names and addresses of the candidates, the offices to 164
which nomination is sought and the political party holding the 165
primary, [and shall] (2) provide lines for the signatures, street 166
addresses, dates of birth and the printing of the names of enrolled 167
party members supporting the person or persons on behalf of whose 168
candidacy the petition is used, and (3) include a statement that any 169
such enrolled party member is not required to complete the line for 170
date of birth. 171
Sec. 7. Subsection (a) of section 9-410 of the general statutes is 172
repealed and the following is substituted in lieu thereof (Effective from 173
passage): 174
(a) The petition form for candidacies for nomination to municipal 175
office or for election as members of town committees shall be 176 Substitute Bill No. 7321
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prescribed by the Secretary of the State and provided by the registrar 177
of the municipality in which the candidacy is to be filed or duplicate 178
petition pages shall be produced in accordance with section 9-409, and 179
signatures shall be obtained only on such forms or such duplicate 180
petition pages. Such form shall include, at the top of the form and in 181
bold print, the following: 182
WARNING 183
IT IS A CRIME TO SIGN THIS PETITION 184
IN THE NAME OF ANOTHER PERSON 185
WITHOUT LEGAL AUTHORITY TO DO SO 186
AND YOU MAY NOT SIGN THIS PETITION 187
IF YOU ARE NOT AN ELECTOR. 188
The form shall include thereon a statement of instructions to persons 189
using the form and shall indicate the date and time by which it shall be 190
filed and the person with whom it shall be filed. The form shall (1) 191
provide spaces for the names and addresses of the candidates, the 192
offices to which nomination is sought or the positions to which election 193
is sought and the political party holding the primary, [and shall] (2) 194
provide lines for the signatures, street addresses, dates of birth and the 195
printing of the names of enrolled party members supporting the 196
person or persons on behalf of whose candidacy the petition is used, 197
and (3) include a statement that any such enrolled party member is not 198
required to complete the line for date of birth. Only as many 199
candidates may be proposed in any one primary petition for the same 200
office or position as are to be nominated or chosen by such party for 201
such office or position; but any one primary petition may propose as 202
many candidates for different offices or positions as there are 203
nominations to be made or positions to be filled. 204 Substitute Bill No. 7321
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This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-241
Sec. 2 from passage New section
Sec. 3 from passage 9-1(w)
Sec. 4 from passage 9-238(a)
Sec. 5 from passage 9-247
Sec. 6 from passage 9-404b(a)
Sec. 7 from passage 9-410(a)
Statement of Legislative Commissioners:
In Section 1(b), "cyber security" was changed to "cybersecurity" for
consistency; in Section 5(b), "pursuant to section 9-241, 9-242 or 9-242a"
was inserted before "relating to preparation" for accuracy and "has
entered" was changed to "may have entered" for accuracy.
GAE Joint Favorable Subst.