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General Assembly Committee Bill No. 53
January Session, 2019
LCO No. 3864
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING EL ECTORAL PRIVILEGES FOR
INCARCERATED INDIVIDUALS.
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 Section 9-46a of the general statutes is repealed and the 1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 from 7
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
elector, (2) the Commissioner of Correction shall give the person a 14
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document certifying that the person has been released from such 15
confinement and, if applicable, has been discharged from parole, (3) if 16
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
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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. Such 53
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.] On and after July 1, 2019, a person who has 60
been convicted of a felony and committed to confinement in a federal 61
or other state correctional institution or facility or community 62
residence shall have such person's electoral privileges restored. 63
Sec. 2. Subsection (b) of section 9-19h of the general statutes is 64
repealed and the following is substituted in lieu thereof (Effective July 65
1, 2019): 66
(b) In addition to the requirements of subsection (a) of this section, 67
the Commissioner of Motor Vehicles, not later than January 1, 1994, 68
shall include an application for the admission of an elector with each 69
application form provided for a motor vehicle operator's license and a 70
motor vehicle operator's license renewal, which are issued under 71
subpart (B) of part III of chapter 246, and with each application form 72
provided for an identity card issued under section 1-1h. Such 73
application form for the admission of an elector (1) shall be subject to 74
the approval of the Secretary of the State, (2) shall not include any 75
provisions for the witnessing of the application, and (3) shall contain a 76
statement that (A) specifies each eligibility requirement, (B) contains 77
an attestation that the applicant meets each such requirement, and (C) 78
requires the signature of the applicant under penalty of perjury. The 79
Commissioner of Motor Vehicles shall accept any such completed 80
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application for admission which is submitted in person or by mail. The 81
applicant shall state on such form, under penalty of perjury, the 82
applicant's name, bona fide residence address, date of birth, whether 83
the applicant is a United States citizen, party enrollment, if any, and 84
prior voting address, if registered previously. [, and that the 85
applicant's privileges as an elector are not forfeited by reason of 86
conviction of a felony.] No Social Security number on any such 87
application form for the admission of an elector filed prior to January 88
1, 2000, may be disclosed to the public or to any governmental agency. 89
The commissioner shall indicate on each such form the date of receipt 90
of such application to ensure that any eligible applicant is registered to 91
vote in an election if it is received by the Commissioner of Motor 92
Vehicles by the last day for registration to vote in an election. The 93
commissioner shall provide the applicant with an application receipt, 94
on a form approved by the Secretary of the State and on which the 95
commissioner shall record the date that the commissioner received the 96
application, using an official date stamp bearing the words 97
"Department of Motor Vehicles". The commissioner shall provide such 98
receipt whether the application was submitted in person or by mail. 99
The commissioner shall forthwith transmit the application to the 100
registrars of voters of the applicant's town of residence. If a registration 101
application is accepted within five days before the last day for 102
registration to vote in a regular election, the application shall be 103
transmitted to the registrars of voters of the town of voting residence 104
of the applicant not later than five days after the date of acceptance. 105
The procedures in subsections (c), (d), (f) and (g) of section 9-23g 106
which are not inconsistent with the National Voter Registration Act of 107
1993, P.L. 103-31, as amended from time to time, shall apply to 108
applications made under this section. The commissioner is not an 109
admitting official, [and may not restore, under the provisions of 110
section 9-46a, electoral privileges of persons convicted of a felony] as 111
defined in section 9-17a. 112
Sec. 3. Subsection (a) of section 9-20 of the general statutes is 113
repealed and the following is substituted in lieu thereof (Effective July 114
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1, 2019): 115
(a) Each person who applies for admission as an elector in person to 116
an admitting official shall, upon a form prescribed by the Secretary of 117
the State and signed by the applicant, state under penalties of perjury, 118
his name, bona fide residence by street and number, date of birth, 119
whether he is a United States citizen, [whether his privileges as an 120
elector are forfeited by reason of conviction of crime,] and whether he 121
has previously been admitted as an elector in any town in this or any 122
other state. Each such applicant shall present his birth certificate, 123
drivers' license or Social Security card to the admitting official for 124
inspection at the time of application. Notwithstanding the provisions 125
of any special act or charter to the contrary, the application form shall 126
also, in a manner prescribed by the Secretary of the State, provide for 127
application for enrollment in any political party, including, on any 128
such form printed on or after January 1, 2006, a list of the names of the 129
major parties, as defined in section 9-372, as options for the applicant. 130
The form shall indicate that such enrollment is not mandatory. 131
Sec. 4. Subsection (b) of section 9-23n of the general statutes is 132
repealed and the following is substituted in lieu thereof (Effective July 133
1, 2019): 134
(b) Voter registration agencies shall (1) distribute mail voter 135
registration application forms, (2) assist applicants for such assistance 136
or services in completing voter registration application forms, except 137
for applicants who refuse such assistance, (3) accept completed voter 138
registration application forms and provide each applicant with an 139
application receipt, on which the agency shall record the date that the 140
agency received the application, using an official date stamp bearing 141
the name of the agency, and (4) immediately transmit all such 142
applications to the registrars of voters of the town of voting residence 143
of the applicants. The agency shall provide such receipt whether the 144
application was submitted in person or by mail. If a registration 145
application is accepted within five days before the last day for 146
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registration to vote in a regular election, the application shall be 147
transmitted to the registrars of voters of the town of voting residence 148
of the applicant not later than five days after the date of acceptance. 149
The voter registration agency shall indicate on the completed mail 150
voter registration application form, without indicating the identity of 151
the voter registration agency, the date of its acceptance by such agency, 152
to ensure that any eligible applicant is registered to vote in an election 153
if it is received by the registration agency by the last day for 154
registration to vote in an election. If a state-funded program primarily 155
engaged in providing services to persons with disabilities provides 156
services to a person with a disability at the person's home, the agency 157
shall provide such voter registration services at the person's home. The 158
procedures in subsections (c), (d), (f) and (g) of section 9-23g that are 159
not inconsistent with the National Voter Registration Act of 1993, P.L. 160
103-31, as amended from time to time, shall apply to applications 161
made under this section. Officials and employees of such voter 162
registration agencies are not admitting officials, as defined in section 163
9-17a. [, and may not restore, under the provisions of section 9-46a, 164
electoral privileges of persons convicted of a felony.] 165
Sec. 5. Section 9-26 of the general statutes is repealed and the 166
following is substituted in lieu thereof (Effective July 1, 2019): 167
Any person who, because of service in the armed forces, 168
membership in the United States Merchant Marine, membership in a 169
religious or welfare group or agency attached to and serving with the 170
armed forces or civilian employment with the United States or because 171
he is a spouse or dependent of any such person, and any person who 172
because of temporary residence outside the territorial limits of the 173
several states of the United States and the District of Columbia, may, at 174
any time, in the manner and upon a form prescribed by the Secretary 175
of the State, make application, in person or by mail, to the town clerk 176
of such town for such examination and for admission as an elector. 177
Upon such form, signed by the applicant, he shall state under penalties 178
of perjury, his name, bona fide residence by street and number, if any, 179
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in such town and date of birth, and that he is, at the time of making 180
such application, a citizen of the United States. He shall also state that 181
he is (1) a member of the armed forces, of the merchant marine or of a 182
religious or welfare group or agency attached to and serving with the 183
armed forces, (2) a civilian employee of the United States, (3) a spouse 184
or dependent of any person described in subdivision (1) or (2), or (4) a 185
person temporarily residing outside the territorial limits of the several 186
states of the United States and the District of Columbia. The person 187
shall also state the date of his induction into such armed forces or the 188
date of his joining the merchant marine or such religious or welfare 189
group or agency or of his entering United States employment or 190
moving temporarily outside the territorial limits of the several states of 191
the United States and the District of Columbia; [whether his privileges 192
as an elector are forfeited by reason of conviction of crime;] and 193
whether he is, at the time of making such application, registered as an 194
elector in any other town in this or any other state. The application 195
form shall provide for application for enrollment in any political party 196
and shall indicate that such enrollment is optional. No Social Security 197
number on any such form filed prior to January 1, 2000, may be 198
disclosed to the public or to any governmental agency. The town clerk 199
may accept such fully completed form as evidence of the qualifications 200
of the applicant to be admitted as an elector. The application for 201
admission as an elector shall include a statement that (A) specifies each 202
eligibility requirement, (B) contains an attestation that the applicant 203
meets each such requirement and (C) requires the signature of the 204
applicant under penalty of perjury. In lieu of the application form 205
prescribed by the secretary under this section, any such person may 206
apply for registration and enrollment on the federal postcard 207
application form provided pursuant to the Uniformed and Overseas 208
Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as 209
amended from time to time, or any other applicable law. 210
Sec. 6. Section 9-31b of the general statutes is repealed and the 211
following is substituted in lieu thereof (Effective July 1, 2019): 212
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Such application shall be in form substantially as follows: 213
APPLICATION OF PERMANENTLY PHYSICALLY DISABLED 214
PERSON FOR ADMISSION AS AN ELECTOR 215
To the Town Clerk of the town of .... or to the registrar of voters of the 216
.... Party of the town of .... I hereby apply for admission as an elector: 217
(1) My name is .... (last name) (first name) (initial). 218
(2) My bona fide residence is .... (street and number), but I am 219
presently residing at .... (street, number and town if different from 220
residence above). 221
(3) I am a permanently physically disabled person and my 222
permanent physical disability prevents me and will continue to 223
prevent me from appearing in person at your office. 224
(4) I am a United States Citizen who has attained the age of 225
eighteen. [and my electoral privileges are not forfeited by reason of 226
conviction of any disfranchising crime.] 227
Dated at ...., Connecticut, this .... day of ...., 20... 228
.... (Signature of Applicant) 229
Sec. 7. Subsection (b) of section 9-35 of the general statutes is 230
repealed and the following is substituted in lieu thereof (Effective July 231
1, 2019): 232
(b) At such session and on any day except on the day of an election 233
or primary, the registrars shall remove from the list the name of each 234
elector who has died [, who has been disfranchised] or who has 235
confirmed in writing that the elector has moved out of the 236
municipality, except electors entitled to remain on such list under the 237
provisions of this chapter. An elector shall be deemed to have 238
confirmed in writing that the elector has moved out of the 239
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municipality if (1) the elector has submitted a change of address form 240
for purposes of a state motor vehicle operator's license, unless the 241
elector states on the form that the change of address is not for voter 242
registration purposes, (2) the elector has submitted a change of address 243
form to a voter registration agency, as defined in section 9-23n, as 244
amended by this act, and such agency has provided such change of 245
address to the registrars of voters, or (3) the registrars of voters have 246
received a cancellation of previous registration from any other election 247
official indicating that such elector has registered as an elector outside 248
such municipality. 249
Sec. 8. Section 9-158b of the general statutes is repealed and the 250
following is substituted in lieu thereof (Effective July 1, 2019): 251
(a) Each citizen of the United States who is at least eighteen years of 252
age [,] and is a former resident [and who has not forfeited such 253
citizen's electoral privileges because of a disfranchising crime,] may 254
vote for presidential and vice-presidential electors, but for no other 255
offices, in the town in this state in which such citizen formerly resided 256
in the manner provided in sections 9-158c to 9-158m, inclusive. 257
(b) Each citizen of the United States who is at least eighteen years of 258
age; who resides outside the United States and who, immediately prior 259
to moving outside the United States, was a bona fide resident of a 260
town in this state; who is not registered to vote and is not voting in any 261
other state or election district of a state or territory or in any territory 262
or possession of the United States [,] and who has a valid passport or 263
card of identity and registration issued under the authority of the 264
Secretary of State of the United States or alternative form of 265
identification [and who has not forfeited his electoral privileges 266
because of a disfranchising crime,] may vote in federal elections in the 267
town in this state in which he formerly resided immediately prior to 268
his departure from the United States in the manner provided in 269
sections 9-158c to 9-158m, inclusive. The exercise of any right to vote in 270
federal elections by any citizen outside the United States shall not 271
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affect the determination of his place of residence or domicile for 272
purposes of any tax imposed under federal, state or local law. 273
(c) Each citizen of the United States born outside of the United 274
States who is at least eighteen years of age, whose parent or guardian 275
was a bona fide resident of a town in this state immediately prior to 276
moving outside the United States, who is not registered to vote and is 277
not voting in any other state or election district of a state or territory or 278
in any territory or possession of the United States [,] and who has a 279
valid passport or card of identity and registration issued under the 280
authority of the Secretary of State of the United States or alternative 281
form of identification [and who has not forfeited such citizen's 282
electoral privileges because of a disfranchising crime,] shall be eligible 283
to vote pursuant to this section. Such citizen may vote in federal 284
elections in the town in this state in which the citizen's parent or 285
guardian formerly resided immediately prior to the parent's or 286
guardian's departure from the United States, in the manner provided 287
in sections 9-158c to 9-158m, inclusive. 288
Sec. 9. Section 9-158d of the general statutes is repealed and the 289
following is substituted in lieu thereof (Effective July 1, 2019): 290
(a) The application for a presidential ballot shall be a form signed in 291
duplicate by the applicant under penalty of false statement in absentee 292
balloting, which shall provide substantially as follows: 293
To the Town Clerk of the Town of ...., Connecticut 294
I, the undersigned, declare under penalty of false statement in 295
absentee balloting that the following statements are true: 296
1. I am a citizen of the United States. 297
[2. I have not forfeited my electoral privileges because of conviction 298
of a disfranchising crime.] 299
[3.] 2. I was born on ...., and on the day of the next presidential 300
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election, I shall be at least 18 years of age. 301
[4.] 3. FORMER RESIDENT. I am a former resident of the above 302
town, to which I am making this application, and resided at .... Street 303
therein. I moved from such town to my present town and state of 304
residence on the .... day of ...., 20.., being within thirty days before the 305
date of the next presidential election, and for that reason I cannot 306
register to vote in said presidential election in my present town and 307
state of residence. I am now a bona fide resident of the Town of ...., in 308
the state of ...., now residing at .... Street therein. 309
[5.] 4. I hereby apply for a "presidential ballot" for the election to be 310
held on ...., 20... I have not voted and will not vote otherwise than by 311
this ballot at that election. I am not eligible to vote for electors of 312
President and Vice-President in any other state. 313
[6.] 5. The said ballot is to be given to me personally or mailed to me 314
at 315
.... (bona fide mailing address) 316
Dated at ...., this .... day of .... 20... 317
.... (Signature of applicant) 318
319
(b) The application for an overseas ballot shall be the federal 320
application permitted under section 9-153a or a form signed by the 321
applicant under penalty of false statement in absentee balloting which 322
shall provide substantially as follows: 323
To the Town Clerk of the Town of ...., Connecticut 324
I, the undersigned, declare under penalty of false statement in 325
absentee balloting that the following statements are true: 326
1. I am a citizen of the United States. 327
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[2. I have not forfeited my electoral privileges because of conviction 328
of a disfranchising crime.] 329
[3.] 2. I was born on ...., and on the day of the next federal election, I 330
shall be at least eighteen years of age. 331
[4.] 3. I was a resident of the above town, to which I am making this 332
application, and resided at no. .... Street therein. I moved from such 333
town to my present residence on the .... day of ...., 20... I now reside in 334
...., at no. .... Street therein. 335
[5.] 4. I have a valid passport or card of identity and registration 336
issued under the authority of the Secretary of State of the United States 337
or alternate form of identification. 338
T1 ( ) Primary
T2 [6.] 5. I hereby apply for an overseas ballot for the ( ) General Election
T3 ( ) Special Election
to be held on ...., 20... I do not maintain a domicile in any other state or 339
election district of any state or territory or any territory or possession 340
of the United States. I have not voted and will not vote otherwise than 341
by this ballot at such election or primary for which I now apply for an 342
overseas ballot. I am not eligible to vote in any town in Connecticut or 343
in any other state or election district of any state or territory or any 344
territory or possession of the United States. 345
[7.] 6. The said ballot is to be mailed to me at .... 346
.... (Mailing address) 347
Dated at ...., this .... day of ...., 20... 348
.... (Signature of applicant) 349
Sec. 10. Subsection (a) of section 9-159p of the general statutes is 350
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repealed and the following is substituted in lieu thereof (Effective July 351
1, 2019): 352
(a) Any elector may challenge the right of any person offering to 353
vote by absentee ballot based upon false identity [, disenfranchisement 354
for conviction of a felony] or lack of bona fide residence. The failure of 355
an elector to challenge, pursuant to this section, the right of a person to 356
vote by absentee ballot shall not bar such elector from bringing an 357
action to contest the primary or election under section 9-323, 9-324, 9-358
328 or 9-329a, based on the alleged invalidity of the absentee ballot cast 359
at such primary or election. 360
Sec. 11. Section 9-170 of the general statutes is repealed and the 361
following is substituted in lieu thereof (Effective July 1, 2019): 362
At any regular or special town election any person may vote who is 363
registered as an elector on the revised registry list of the town last 364
completed and he shall vote only in the district in which he is so 365
registered, provided any person may vote whose name is restored to 366
the list under the provisions of section 9-42 or whose name is added on 367
the last week day before a regular election under the provisions of 368
section 9-17. Each person so registered shall be permitted to vote 369
unless he is not a bona fide resident of the town and political 370
subdivision holding the election. [or has been convicted of a 371
disfranchising crime.] Any person offering to vote and being 372
challenged as to his identity or residence shall, before he votes, prove 373
his identity with the person on whose name he offers to vote or his 374
bona fide residence in the town and political subdivision holding the 375
election, as the case may be, by the testimony, under oath, of at least 376
one other elector or by such other evidence acceptable to the 377
moderator. 378
Sec. 12. Section 9-171 of the general statutes is repealed and the 379
following is substituted in lieu thereof (Effective July 1, 2019): 380
In all cities, unless otherwise provided by law, any person entitled 381
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to vote at city elections who is registered on the revised registry list 382
last completed, and any person having a legal right to vote at such 383
elections whose name is entered on a copy of such list before voting, 384
may vote therein in the district for which such registry list is made; 385
provided those persons may vote whose names are restored to the list 386
under the provisions of section 9-42 or whose names are added on the 387
last week day before a regular election under the provisions of section 388
9-17. Each person so registered shall be permitted to vote, unless he 389
has lost his right by removal from such city since he has registered. [or 390
by conviction of a disfranchising crime.] Any person offering so to 391
vote, and being challenged as to his identity or residence, shall, before 392
he votes, prove his identity with the person on whose name he offers 393
to vote or his bona fide residence in such city, as the case may be, by 394
the testimony, under oath, of at least one other elector or by such other 395
evidence acceptable to the moderator. The names of those voting shall 396
be checked on such copy of such list, and such copy so checked shall 397
be kept on file in the office of the town clerk, as in the case of state 398
elections. 399
Sec. 13. Section 9-172 of the general statutes is repealed and the 400
following is substituted in lieu thereof (Effective July 1, 2019): 401
At any regular or special state election any person may vote who 402
was registered on the last-completed revised registry list of the town in 403
which he offers to vote, and he shall vote in the district in which he 404
was so registered; provided those persons may vote whose names are 405
restored to the list under the provisions of section 9-42 or whose names 406
are added on the last weekday before a regular election under the 407
provisions of section 9-17. Each person so registered shall be permitted 408
to vote if he is a bona fide resident of the town and political 409
subdivision holding the election. [and has not lost his right by 410
conviction of a disfranchising crime.] Any person offering so to vote 411
and being challenged as to his identity or residence shall, before he 412
votes, prove his identity with the person on whose name he offers to 413
vote or his bona fide residence in the town and political subdivision 414
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holding the election, as the case may be, by the testimony, under oath, 415
of at least one other elector or by such other evidence as is acceptable 416
to the moderator. 417
Sec. 14. Section 9-192 of the general statutes is repealed and the 418
following is substituted in lieu thereof (Effective July 1, 2019): 419
Each registrar of voters immediately after his election shall appoint 420
a deputy registrar of voters to hold office during his pleasure and may, 421
at any time, fill any vacancy in said office. He shall file with the town 422
clerk a certificate of each such appointment and the town clerk shall 423
record the certificate with the records of town meetings. Each deputy 424
registrar of voters shall assist his principal when required, discharge 425
his duties in his absence or inability to act and, in case of the death, 426
removal or resignation of such principal, shall become registrar of 427
voters and appoint a deputy, and shall file with the town clerk a 428
certificate of such appointment, which shall be recorded with the 429
records of town meetings. If a vacancy exists in the office of registrar of 430
voters in consequence of a refusal or failure to accept the office or a 431
failure of the registrar to appoint a deputy registrar, the town 432
committee of the same political party as the registrar of voters who so 433
refused, failed to accept or failed to appoint, or other appointing 434
authority specified in local party rules shall fill such vacancy by the 435
appointment of some suitable person, who shall belong to the same 436
political party as the registrar of voters who so refused, failed to accept 437
or failed to appoint. Each registrar of voters in any town may, as 438
needed, appoint and employ not more than four assistant registrars of 439
voters for each voting district therein, who shall serve at the pleasure 440
of the registrar of voters and assist such registrar in the performance of 441
his duties, and, for purposes of any admission session held pursuant to 442
section 9-19b or subsection (a) of section 9-19c, as many special 443
assistants as are necessary to carry out the duties of such session. Such 444
registrar shall file with the town clerk a certificate of each such 445
appointment, which shall be recorded with the records of the town, 446
and shall appoint such other assistants as are necessary for the 447
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performance of duties required by sections 9-12 to [9-45] 9-43, 448
inclusive, on election day and the six days preceding. Unless otherwise 449
provided by subsection (b) of section 9-19b, in the absence of either 450
registrar of voters, his deputy or any of his assistants, except special 451
assistants, shall have all the powers conferred, and may perform any of 452
the duties imposed, upon such registrar by any of the provisions of the 453
statutes. Each deputy, assistant or special assistant registrar shall be an 454
elector of the municipality in which he is appointed. Each deputy 455
registrar shall also, at the time of his appointment and during the six 456
months immediately preceding his appointment, be an enrolled 457
member of the same party as the registrar who makes such 458
appointment. 459
Sec. 15. Subsection (a) of section 9-236b of the general statutes is 460
repealed and the following is substituted in lieu thereof (Effective July 461
1, 2019): 462
(a) The Secretary of the State shall provide each municipality with 463
sufficient quantities of a poster size copy, at least eighteen by twenty-464
four inches, of a Voter's Bill of Rights, which shall be posted 465
conspicuously at each polling place. The text of the Voter's Bill of 466
Rights shall be: 467
"VOTER'S BILL OF RIGHTS 468
Every registered voter in this state has the right to: 469
(1) Inspect a sample ballot before voting; 470
(2) Receive instructions concerning how to operate voting 471
equipment, on sample voting equipment before voting; 472
(3) Cast a ballot if the voter is in line when the polls are closing; 473
(4) Ask for and receive assistance in voting, including assistance in 474
languages other than English where required by federal or state law; 475
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(5) Vote free from coercion or intimidation by election officials or 476
any other person; 477
(6) Cast a ballot using voting equipment that accurately counts all 478
votes; 479
(7) Vote by provisional ballot if the individual registered to vote and 480
the individual's name is not on the voter list; and 481
[(8) Be informed of the process for restoring the individual's right to 482
vote if the individual was incarcerated for a felony conviction; and] 483
[(9)] (8) Vote independently and in privacy at a polling place, 484
regardless of physical disability. 485
If any of your rights have been violated, you have the right to file an 486
official complaint with the State Elections Enforcement Commission at 487
…. (toll-free telephone number) or the United States Department of 488
Justice at …. (toll-free telephone number). In addition, before leaving 489
the polling place you may notify the moderator of the violation." 490
Sec. 16. Section 9-355 of the general statutes is repealed and the 491
following is substituted in lieu thereof (Effective July 1, 2019): 492
Any person who, without reasonable cause, neglects to perform any 493
of the duties required of him by the laws relating to elections or 494
primaries and for which neglect no other punishment is provided, and 495
any person who is guilty of fraud in the performance of any such duty, 496
and any person who makes any unlawful alteration in any list required 497
by law, shall be fined not more than three hundred dollars or be 498
imprisoned not more than one year or be both fined and imprisoned. 499
[Any official who is convicted of fraud in the performance of any duty 500
imposed upon him by any law relating to the registration or admission 501
of electors or to the conduct of any election shall be disfranchised.] 502
Any public officer or any election official upon whom any duty is 503
imposed by part I of chapter 147 and sections 9-308 to 9-311, inclusive, 504
who wilfully omits or neglects to perform any such duty or does any 505
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act prohibited therein for which punishment is not otherwise provided 506
shall be guilty of a class E felony. 507
Sec. 17. Section 9-358 of the general statutes is repealed and the 508
following is substituted in lieu thereof (Effective July 1, 2019): 509
Any person who, upon oath or affirmation, legally administered, 510
wilfully and corruptly testifies or affirms, before any registrar of 511
voters, any moderator of any election, primary or referendum, any 512
board for admission of electors or the State Elections Enforcement 513
Commission, falsely, to any material fact concerning the identity, age, 514
residence or other qualifications of any person whose right to be 515
registered or admitted as an elector or to vote at any election, primary 516
or referendum is being passed upon and decided, shall be guilty of a 517
class D felony. [and shall be disfranchised.] 518
Sec. 18. Section 9-360 of the general statutes is repealed and the 519
following is substituted in lieu thereof (Effective July 1, 2019): 520
Any person not legally qualified who fraudulently votes in any 521
town meeting, primary, election or referendum in which the person is 522
not qualified to vote, and any legally qualified person who, at such 523
meeting, primary, election or referendum, fraudulently votes more 524
than once at the same meeting, primary, election or referendum, shall 525
be fined not less than three hundred dollars or more than five hundred 526
dollars and shall be imprisoned not less than one year or more than 527
two years. [and shall be disfranchised.] Any person who votes or 528
attempts to vote at any election, primary, referendum or town meeting 529
by assuming the name of another legally qualified person shall be 530
guilty of a class D felony. [and shall be disfranchised.] 531
Sec. 19. Section 9-361 of the general statutes is repealed and the 532
following is substituted in lieu thereof (Effective July 1, 2019): 533
The following persons shall be guilty of primary or enrollment 534
violations: (1) Any person unlawfully voting or participating or 535
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attempting to vote or participate in any primary in which he is not 536
eligible to vote or participate; (2) in towns divided into voting districts, 537
any elector who registers or votes at any primary in a voting district 538
other than the district in which such elector is legally entitled to vote at 539
the time of such primary; (3) any elector who signs the name of 540
another to a written application to register, without the knowledge and 541
consent of the person whose name is signed thereto, or who falsely 542
represents the contents of any written or printed form of application 543
for enrollment with intent to secure the application of an elector for 544
enrollment upon a list other than that of his true political preference; 545
(4) any registrar or deputy registrar of voters who fails to hold sessions 546
as provided in sections 9-51 and 9-53 or who fails to register an elector 547
upon the oral or written application for enrollment of such elector, 548
except as provided by law, or who fails to erase an elector's name as 549
provided in section 9-59 or who registers any elector upon an 550
enrollment list other than that declared by such elector in his 551
application as his political preference, or who removes or erases the 552
name of any elector from any enrollment list except as provided by 553
law; (5) any person who fails to properly serve any notice or citation 554
required by sections 9-60 and 9-61 when directed so to do by any 555
registrar or deputy registrar, or who makes any false return as to any 556
such notice or citation; and (6) any moderator of a primary of the 557
enrolled electors of a specified party, such primary being legally called 558
for the nomination of candidates for any public elective office, who 559
fails to comply with the requirements of chapter 153. The penalty for 560
any such violation shall be a class D misdemeanor, except that any 561
person found to have violated subdivision (1) or (2) of this section shall 562
be guilty of a class D felony. [and shall be disfranchised.] 563
Sec. 20. Section 9-453e of the general statutes is repealed and the 564
following is substituted in lieu thereof (Effective July 1, 2019): 565
Each circulator of a nominating petition page shall be a United 566
States citizen, at least eighteen years of age and a resident of a town in 567
this state. [and shall not be on parole for conviction of a felony.] Any 568
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individual proposed as a candidate in any nominating petition may 569
serve as circulator of the pages of such nominating petition. 570
Sec. 21. Section 9-453j of the general statutes is repealed and the 571
following is substituted in lieu thereof (Effective July 1, 2019): 572
Each page of a nominating petition submitted to the town clerk or 573
the Secretary of the State and filed with the Secretary of the State under 574
the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 575
shall contain a statement as to the residency in this state and eligibility 576
of the circulator and authenticity of the signatures thereon, signed 577
under penalties of false statement, by the person who circulated the 578
same. Such statement shall set forth (1) such circulator's residence 579
address, including the town in this state in which such circulator is a 580
resident, (2) the circulator's date of birth and that the circulator is at 581
least eighteen years of age, (3) that the circulator is a United States 582
citizen, [and not on parole for conviction of a felony,] and (4) that each 583
person whose name appears on such page signed the same in person 584
in the presence of such circulator and that either the circulator knows 585
each such signer or that the signer satisfactorily identified himself to 586
the circulator. Any false statement committed with respect to such 587
statement shall be deemed to have been committed in the town in 588
which the petition was circulated. 589
Sec. 22. Sections 9-45 and 9-46 of the general statutes are repealed. 590
(Effective July 1, 2019) 591
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 9-46a
Sec. 2 July 1, 2019 9-19h(b)
Sec. 3 July 1, 2019 9-20(a)
Sec. 4 July 1, 2019 9-23n(b)
Sec. 5 July 1, 2019 9-26
Sec. 6 July 1, 2019 9-31b
Sec. 7 July 1, 2019 9-35(b)
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Sec. 8 July 1, 2019 9-158b
Sec. 9 July 1, 2019 9-158d
Sec. 10 July 1, 2019 9-159p(a)
Sec. 11 July 1, 2019 9-170
Sec. 12 July 1, 2019 9-171
Sec. 13 July 1, 2019 9-172
Sec. 14 July 1, 2019 9-192
Sec. 15 July 1, 2019 9-236b(a)
Sec. 16 July 1, 2019 9-355
Sec. 17 July 1, 2019 9-358
Sec. 18 July 1, 2019 9-360
Sec. 19 July 1, 2019 9-361
Sec. 20 July 1, 2019 9-453e
Sec. 21 July 1, 2019 9-453j
Sec. 22 July 1, 2019 Repealer section
Statement of Purpose:
To provide for restoration of electoral privileges to incarcerated
individuals and retention of such privileges by individuals who may
be incarcerated in the future.
[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.]
Co-Sponsors: SEN. WINFIELD, 10th Dist.; SEN. MOORE, 22nd Dist.
S.B. 53