Connecticut 2019 Regular Session

Connecticut Senate Bill SB00053 Compare Versions

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3+LCO No. 336 1 of 1
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4-LCO No. 3864 1 of 21
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6-General Assembly Committee Bill No. 53
5+General Assembly Proposed Bill No. 53
76 January Session, 2019
8-LCO No. 3864
7+LCO No. 336
98
109
1110 Referred to Committee on GOVERNMENT ADMINISTRATION
1211 AND ELECTIONS
1312
1413
1514 Introduced by:
16-(GAE)
15+SEN. WINFIELD, 10th Dist.
1716
1817
1918
2019 AN ACT CONCERNING ELECTORAL PRIVILEGES FOR
2120 INCARCERATED INDIVIDUALS.
2221 Be it enacted by the Senate and House of Representatives in General
2322 Assembly convened:
2423
25-Section 1. Section 9-46a of the general statutes is repealed and the 1
26-following is substituted in lieu thereof (Effective July 1, 2019): 2
27-[(a) A person who has been convicted of a felony and committed to 3
28-confinement in a federal or other state correctional institution or 4
29-facility or community residence shall have such person's electoral 5
30-privileges restored upon the payment of all fines in conjunction with 6
31-the conviction and once such person has been discharged from 7
32-confinement, and, if applicable, parole. 8
33-(b) Upon the release from confinement in a correctional institution 9
34-or facility or a community residence of a person who has been 10
35-convicted of a felony and committed to the custody of the 11
36-Commissioner of Correction and, if applicable, the discharge of such 12
37-person from parole, (1) the person shall have the right to become an 13
38-elector, (2) the Commissioner of Correction shall give the person a 14
39-Committee Bill No. 53
40-
41-
42-LCO No. 3864 2 of 21
43-
44-document certifying that the person has been released from such 15
45-confinement and, if applicable, has been discharged from parole, (3) if 16
46-the person was an elector at the time of such felony conviction and, 17
47-after such release and any such discharge, is residing in the same 18
48-municipality in which the person resided at the time of such felony 19
49-conviction, the person's electoral privileges shall be restored, and (4) if 20
50-the person was an elector at the time of such felony conviction and, 21
51-after such release and any such discharge, is residing in a different 22
52-municipality or if the person was not an elector at the time of such 23
53-felony conviction, the person's electoral privileges shall be restored or 24
54-granted upon submitting to an admitting official satisfactory proof of 25
55-the person's qualifications to be admitted as an elector. The provisions 26
56-of subdivisions (1) to (4), inclusive, of this subsection shall not apply to 27
57-any person convicted of a felony for a violation of any provision of this 28
58-title until such person has been discharged from any parole or 29
59-probation for such felony. 30
60-(c) The registrars of voters of the municipality in which a person is 31
61-admitted as an elector pursuant to subsection (a) or (b) of this section, 32
62-within thirty days after the date on which such person is admitted, 33
63-shall notify the registrars of voters of the municipality wherein such 34
64-person resided at the time of such person's conviction that such 35
65-person's electoral rights have been so restored. 36
66-(d) The Commissioner of Correction shall establish procedures to 37
67-inform those persons who have been convicted of a felony and 38
68-committed to the custody of said commissioner for confinement in a 39
69-correctional institution or facility or a community residence, and are 40
70-eligible to have their electoral privileges restored or granted pursuant 41
71-to subsection (b) of this section, of the right and procedures to have 42
72-such privileges restored. The Office of Adult Probation shall, within 43
73-available appropriations, inform such persons who are on probation 44
74-on January 1, 2002, of their right to become electors and procedures to 45
75-have their electoral privileges restored, which shall be in accordance 46
76-with subsections (b) and (c) of this section. 47
77-Committee Bill No. 53
78-
79-
80-LCO No. 3864 3 of 21
81-
82-(e) The Commissioner of Correction shall, on or before the fifteenth 48
83-day of each month, transmit to the Secretary of the State a list of all 49
84-persons convicted of a felony and committed to the custody of said 50
85-commissioner who, during the preceding calendar month, have been 51
86-released from confinement in a correctional institution or facility or a 52
87-community residence and, if applicable, discharged from parole. Such 53
88-lists shall include the names, birth dates and addresses of such 54
89-persons, with the dates of their convictions and the crimes of which 55
90-such persons have been convicted. The Secretary of the State shall 56
91-transmit such lists to the registrars of the municipalities in which such 57
92-convicted persons resided at the time of their convictions and to the 58
93-registrars of any municipalities where the secretary believes such 59
94-persons may be electors.] On and after July 1, 2019, a person who has 60
95-been convicted of a felony and committed to confinement in a federal 61
96-or other state correctional institution or facility or community 62
97-residence shall have such person's electoral privileges restored. 63
98-Sec. 2. Subsection (b) of section 9-19h of the general statutes is 64
99-repealed and the following is substituted in lieu thereof (Effective July 65
100-1, 2019): 66
101-(b) In addition to the requirements of subsection (a) of this section, 67
102-the Commissioner of Motor Vehicles, not later than January 1, 1994, 68
103-shall include an application for the admission of an elector with each 69
104-application form provided for a motor vehicle operator's license and a 70
105-motor vehicle operator's license renewal, which are issued under 71
106-subpart (B) of part III of chapter 246, and with each application form 72
107-provided for an identity card issued under section 1-1h. Such 73
108-application form for the admission of an elector (1) shall be subject to 74
109-the approval of the Secretary of the State, (2) shall not include any 75
110-provisions for the witnessing of the application, and (3) shall contain a 76
111-statement that (A) specifies each eligibility requirement, (B) contains 77
112-an attestation that the applicant meets each such requirement, and (C) 78
113-requires the signature of the applicant under penalty of perjury. The 79
114-Commissioner of Motor Vehicles shall accept any such completed 80
115-Committee Bill No. 53
116-
117-
118-LCO No. 3864 4 of 21
119-
120-application for admission which is submitted in person or by mail. The 81
121-applicant shall state on such form, under penalty of perjury, the 82
122-applicant's name, bona fide residence address, date of birth, whether 83
123-the applicant is a United States citizen, party enrollment, if any, and 84
124-prior voting address, if registered previously. [, and that the 85
125-applicant's privileges as an elector are not forfeited by reason of 86
126-conviction of a felony.] No Social Security number on any such 87
127-application form for the admission of an elector filed prior to January 88
128-1, 2000, may be disclosed to the public or to any governmental agency. 89
129-The commissioner shall indicate on each such form the date of receipt 90
130-of such application to ensure that any eligible applicant is registered to 91
131-vote in an election if it is received by the Commissioner of Motor 92
132-Vehicles by the last day for registration to vote in an election. The 93
133-commissioner shall provide the applicant with an application receipt, 94
134-on a form approved by the Secretary of the State and on which the 95
135-commissioner shall record the date that the commissioner received the 96
136-application, using an official date stamp bearing the words 97
137-"Department of Motor Vehicles". The commissioner shall provide such 98
138-receipt whether the application was submitted in person or by mail. 99
139-The commissioner shall forthwith transmit the application to the 100
140-registrars of voters of the applicant's town of residence. If a registration 101
141-application is accepted within five days before the last day for 102
142-registration to vote in a regular election, the application shall be 103
143-transmitted to the registrars of voters of the town of voting residence 104
144-of the applicant not later than five days after the date of acceptance. 105
145-The procedures in subsections (c), (d), (f) and (g) of section 9-23g 106
146-which are not inconsistent with the National Voter Registration Act of 107
147-1993, P.L. 103-31, as amended from time to time, shall apply to 108
148-applications made under this section. The commissioner is not an 109
149-admitting official, [and may not restore, under the provisions of 110
150-section 9-46a, electoral privileges of persons convicted of a felony] as 111
151-defined in section 9-17a. 112
152-Sec. 3. Subsection (a) of section 9-20 of the general statutes is 113
153-repealed and the following is substituted in lieu thereof (Effective July 114
154-Committee Bill No. 53
155-
156-
157-LCO No. 3864 5 of 21
158-
159-1, 2019): 115
160-(a) Each person who applies for admission as an elector in person to 116
161-an admitting official shall, upon a form prescribed by the Secretary of 117
162-the State and signed by the applicant, state under penalties of perjury, 118
163-his name, bona fide residence by street and number, date of birth, 119
164-whether he is a United States citizen, [whether his privileges as an 120
165-elector are forfeited by reason of conviction of crime,] and whether he 121
166-has previously been admitted as an elector in any town in this or any 122
167-other state. Each such applicant shall present his birth certificate, 123
168-drivers' license or Social Security card to the admitting official for 124
169-inspection at the time of application. Notwithstanding the provisions 125
170-of any special act or charter to the contrary, the application form shall 126
171-also, in a manner prescribed by the Secretary of the State, provide for 127
172-application for enrollment in any political party, including, on any 128
173-such form printed on or after January 1, 2006, a list of the names of the 129
174-major parties, as defined in section 9-372, as options for the applicant. 130
175-The form shall indicate that such enrollment is not mandatory. 131
176-Sec. 4. Subsection (b) of section 9-23n of the general statutes is 132
177-repealed and the following is substituted in lieu thereof (Effective July 133
178-1, 2019): 134
179-(b) Voter registration agencies shall (1) distribute mail voter 135
180-registration application forms, (2) assist applicants for such assistance 136
181-or services in completing voter registration application forms, except 137
182-for applicants who refuse such assistance, (3) accept completed voter 138
183-registration application forms and provide each applicant with an 139
184-application receipt, on which the agency shall record the date that the 140
185-agency received the application, using an official date stamp bearing 141
186-the name of the agency, and (4) immediately transmit all such 142
187-applications to the registrars of voters of the town of voting residence 143
188-of the applicants. The agency shall provide such receipt whether the 144
189-application was submitted in person or by mail. If a registration 145
190-application is accepted within five days before the last day for 146
191-Committee Bill No. 53
192-
193-
194-LCO No. 3864 6 of 21
195-
196-registration to vote in a regular election, the application shall be 147
197-transmitted to the registrars of voters of the town of voting residence 148
198-of the applicant not later than five days after the date of acceptance. 149
199-The voter registration agency shall indicate on the completed mail 150
200-voter registration application form, without indicating the identity of 151
201-the voter registration agency, the date of its acceptance by such agency, 152
202-to ensure that any eligible applicant is registered to vote in an election 153
203-if it is received by the registration agency by the last day for 154
204-registration to vote in an election. If a state-funded program primarily 155
205-engaged in providing services to persons with disabilities provides 156
206-services to a person with a disability at the person's home, the agency 157
207-shall provide such voter registration services at the person's home. The 158
208-procedures in subsections (c), (d), (f) and (g) of section 9-23g that are 159
209-not inconsistent with the National Voter Registration Act of 1993, P.L. 160
210-103-31, as amended from time to time, shall apply to applications 161
211-made under this section. Officials and employees of such voter 162
212-registration agencies are not admitting officials, as defined in section 163
213-9-17a. [, and may not restore, under the provisions of section 9-46a, 164
214-electoral privileges of persons convicted of a felony.] 165
215-Sec. 5. Section 9-26 of the general statutes is repealed and the 166
216-following is substituted in lieu thereof (Effective July 1, 2019): 167
217-Any person who, because of service in the armed forces, 168
218-membership in the United States Merchant Marine, membership in a 169
219-religious or welfare group or agency attached to and serving with the 170
220-armed forces or civilian employment with the United States or because 171
221-he is a spouse or dependent of any such person, and any person who 172
222-because of temporary residence outside the territorial limits of the 173
223-several states of the United States and the District of Columbia, may, at 174
224-any time, in the manner and upon a form prescribed by the Secretary 175
225-of the State, make application, in person or by mail, to the town clerk 176
226-of such town for such examination and for admission as an elector. 177
227-Upon such form, signed by the applicant, he shall state under penalties 178
228-of perjury, his name, bona fide residence by street and number, if any, 179
229-Committee Bill No. 53
230-
231-
232-LCO No. 3864 7 of 21
233-
234-in such town and date of birth, and that he is, at the time of making 180
235-such application, a citizen of the United States. He shall also state that 181
236-he is (1) a member of the armed forces, of the merchant marine or of a 182
237-religious or welfare group or agency attached to and serving with the 183
238-armed forces, (2) a civilian employee of the United States, (3) a spouse 184
239-or dependent of any person described in subdivision (1) or (2), or (4) a 185
240-person temporarily residing outside the territorial limits of the several 186
241-states of the United States and the District of Columbia. The person 187
242-shall also state the date of his induction into such armed forces or the 188
243-date of his joining the merchant marine or such religious or welfare 189
244-group or agency or of his entering United States employment or 190
245-moving temporarily outside the territorial limits of the several states of 191
246-the United States and the District of Columbia; [whether his privileges 192
247-as an elector are forfeited by reason of conviction of crime;] and 193
248-whether he is, at the time of making such application, registered as an 194
249-elector in any other town in this or any other state. The application 195
250-form shall provide for application for enrollment in any political party 196
251-and shall indicate that such enrollment is optional. No Social Security 197
252-number on any such form filed prior to January 1, 2000, may be 198
253-disclosed to the public or to any governmental agency. The town clerk 199
254-may accept such fully completed form as evidence of the qualifications 200
255-of the applicant to be admitted as an elector. The application for 201
256-admission as an elector shall include a statement that (A) specifies each 202
257-eligibility requirement, (B) contains an attestation that the applicant 203
258-meets each such requirement and (C) requires the signature of the 204
259-applicant under penalty of perjury. In lieu of the application form 205
260-prescribed by the secretary under this section, any such person may 206
261-apply for registration and enrollment on the federal postcard 207
262-application form provided pursuant to the Uniformed and Overseas 208
263-Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as 209
264-amended from time to time, or any other applicable law. 210
265-Sec. 6. Section 9-31b of the general statutes is repealed and the 211
266-following is substituted in lieu thereof (Effective July 1, 2019): 212
267-Committee Bill No. 53
268-
269-
270-LCO No. 3864 8 of 21
271-
272-Such application shall be in form substantially as follows: 213
273-APPLICATION OF PERMANENTLY PHYSICALLY DISABLED 214
274-PERSON FOR ADMISSION AS AN ELECTOR 215
275-To the Town Clerk of the town of .... or to the registrar of voters of the 216
276-.... Party of the town of .... I hereby apply for admission as an elector: 217
277-(1) My name is .... (last name) (first name) (initial). 218
278-(2) My bona fide residence is .... (street and number), but I am 219
279-presently residing at .... (street, number and town if different from 220
280-residence above). 221
281-(3) I am a permanently physically disabled person and my 222
282-permanent physical disability prevents me and will continue to 223
283-prevent me from appearing in person at your office. 224
284-(4) I am a United States Citizen who has attained the age of 225
285-eighteen. [and my electoral privileges are not forfeited by reason of 226
286-conviction of any disfranchising crime.] 227
287-Dated at ...., Connecticut, this .... day of ...., 20... 228
288-.... (Signature of Applicant) 229
289-Sec. 7. Subsection (b) of section 9-35 of the general statutes is 230
290-repealed and the following is substituted in lieu thereof (Effective July 231
291-1, 2019): 232
292-(b) At such session and on any day except on the day of an election 233
293-or primary, the registrars shall remove from the list the name of each 234
294-elector who has died [, who has been disfranchised] or who has 235
295-confirmed in writing that the elector has moved out of the 236
296-municipality, except electors entitled to remain on such list under the 237
297-provisions of this chapter. An elector shall be deemed to have 238
298-confirmed in writing that the elector has moved out of the 239
299-Committee Bill No. 53
300-
301-
302-LCO No. 3864 9 of 21
303-
304-municipality if (1) the elector has submitted a change of address form 240
305-for purposes of a state motor vehicle operator's license, unless the 241
306-elector states on the form that the change of address is not for voter 242
307-registration purposes, (2) the elector has submitted a change of address 243
308-form to a voter registration agency, as defined in section 9-23n, as 244
309-amended by this act, and such agency has provided such change of 245
310-address to the registrars of voters, or (3) the registrars of voters have 246
311-received a cancellation of previous registration from any other election 247
312-official indicating that such elector has registered as an elector outside 248
313-such municipality. 249
314-Sec. 8. Section 9-158b of the general statutes is repealed and the 250
315-following is substituted in lieu thereof (Effective July 1, 2019): 251
316-(a) Each citizen of the United States who is at least eighteen years of 252
317-age [,] and is a former resident [and who has not forfeited such 253
318-citizen's electoral privileges because of a disfranchising crime,] may 254
319-vote for presidential and vice-presidential electors, but for no other 255
320-offices, in the town in this state in which such citizen formerly resided 256
321-in the manner provided in sections 9-158c to 9-158m, inclusive. 257
322-(b) Each citizen of the United States who is at least eighteen years of 258
323-age; who resides outside the United States and who, immediately prior 259
324-to moving outside the United States, was a bona fide resident of a 260
325-town in this state; who is not registered to vote and is not voting in any 261
326-other state or election district of a state or territory or in any territory 262
327-or possession of the United States [,] and who has a valid passport or 263
328-card of identity and registration issued under the authority of the 264
329-Secretary of State of the United States or alternative form of 265
330-identification [and who has not forfeited his electoral privileges 266
331-because of a disfranchising crime,] may vote in federal elections in the 267
332-town in this state in which he formerly resided immediately prior to 268
333-his departure from the United States in the manner provided in 269
334-sections 9-158c to 9-158m, inclusive. The exercise of any right to vote in 270
335-federal elections by any citizen outside the United States shall not 271
336-Committee Bill No. 53
337-
338-
339-LCO No. 3864 10 of 21
340-
341-affect the determination of his place of residence or domicile for 272
342-purposes of any tax imposed under federal, state or local law. 273
343-(c) Each citizen of the United States born outside of the United 274
344-States who is at least eighteen years of age, whose parent or guardian 275
345-was a bona fide resident of a town in this state immediately prior to 276
346-moving outside the United States, who is not registered to vote and is 277
347-not voting in any other state or election district of a state or territory or 278
348-in any territory or possession of the United States [,] and who has a 279
349-valid passport or card of identity and registration issued under the 280
350-authority of the Secretary of State of the United States or alternative 281
351-form of identification [and who has not forfeited such citizen's 282
352-electoral privileges because of a disfranchising crime,] shall be eligible 283
353-to vote pursuant to this section. Such citizen may vote in federal 284
354-elections in the town in this state in which the citizen's parent or 285
355-guardian formerly resided immediately prior to the parent's or 286
356-guardian's departure from the United States, in the manner provided 287
357-in sections 9-158c to 9-158m, inclusive. 288
358-Sec. 9. Section 9-158d of the general statutes is repealed and the 289
359-following is substituted in lieu thereof (Effective July 1, 2019): 290
360-(a) The application for a presidential ballot shall be a form signed in 291
361-duplicate by the applicant under penalty of false statement in absentee 292
362-balloting, which shall provide substantially as follows: 293
363-To the Town Clerk of the Town of ...., Connecticut 294
364-I, the undersigned, declare under penalty of false statement in 295
365-absentee balloting that the following statements are true: 296
366-1. I am a citizen of the United States. 297
367-[2. I have not forfeited my electoral privileges because of conviction 298
368-of a disfranchising crime.] 299
369-[3.] 2. I was born on ...., and on the day of the next presidential 300
370-Committee Bill No. 53
371-
372-
373-LCO No. 3864 11 of 21
374-
375-election, I shall be at least 18 years of age. 301
376-[4.] 3. FORMER RESIDENT. I am a former resident of the above 302
377-town, to which I am making this application, and resided at .... Street 303
378-therein. I moved from such town to my present town and state of 304
379-residence on the .... day of ...., 20.., being within thirty days before the 305
380-date of the next presidential election, and for that reason I cannot 306
381-register to vote in said presidential election in my present town and 307
382-state of residence. I am now a bona fide resident of the Town of ...., in 308
383-the state of ...., now residing at .... Street therein. 309
384-[5.] 4. I hereby apply for a "presidential ballot" for the election to be 310
385-held on ...., 20... I have not voted and will not vote otherwise than by 311
386-this ballot at that election. I am not eligible to vote for electors of 312
387-President and Vice-President in any other state. 313
388-[6.] 5. The said ballot is to be given to me personally or mailed to me 314
389-at 315
390-.... (bona fide mailing address) 316
391-Dated at ...., this .... day of .... 20... 317
392-.... (Signature of applicant) 318
393- 319
394-(b) The application for an overseas ballot shall be the federal 320
395-application permitted under section 9-153a or a form signed by the 321
396-applicant under penalty of false statement in absentee balloting which 322
397-shall provide substantially as follows: 323
398-To the Town Clerk of the Town of ...., Connecticut 324
399-I, the undersigned, declare under penalty of false statement in 325
400-absentee balloting that the following statements are true: 326
401-1. I am a citizen of the United States. 327
402-Committee Bill No. 53
403-
404-
405-LCO No. 3864 12 of 21
406-
407-[2. I have not forfeited my electoral privileges because of conviction 328
408-of a disfranchising crime.] 329
409-[3.] 2. I was born on ...., and on the day of the next federal election, I 330
410-shall be at least eighteen years of age. 331
411-[4.] 3. I was a resident of the above town, to which I am making this 332
412-application, and resided at no. .... Street therein. I moved from such 333
413-town to my present residence on the .... day of ...., 20... I now reside in 334
414-...., at no. .... Street therein. 335
415-[5.] 4. I have a valid passport or card of identity and registration 336
416-issued under the authority of the Secretary of State of the United States 337
417-or alternate form of identification. 338
418-T1 ( ) Primary
419-T2 [6.] 5. I hereby apply for an overseas ballot for the ( ) General Election
420-T3 ( ) Special Election
421-
422-to be held on ...., 20... I do not maintain a domicile in any other state or 339
423-election district of any state or territory or any territory or possession 340
424-of the United States. I have not voted and will not vote otherwise than 341
425-by this ballot at such election or primary for which I now apply for an 342
426-overseas ballot. I am not eligible to vote in any town in Connecticut or 343
427-in any other state or election district of any state or territory or any 344
428-territory or possession of the United States. 345
429-[7.] 6. The said ballot is to be mailed to me at .... 346
430-.... (Mailing address) 347
431-Dated at ...., this .... day of ...., 20... 348
432-.... (Signature of applicant) 349
433-Sec. 10. Subsection (a) of section 9-159p of the general statutes is 350
434-Committee Bill No. 53
435-
436-
437-LCO No. 3864 13 of 21
438-
439-repealed and the following is substituted in lieu thereof (Effective July 351
440-1, 2019): 352
441-(a) Any elector may challenge the right of any person offering to 353
442-vote by absentee ballot based upon false identity [, disenfranchisement 354
443-for conviction of a felony] or lack of bona fide residence. The failure of 355
444-an elector to challenge, pursuant to this section, the right of a person to 356
445-vote by absentee ballot shall not bar such elector from bringing an 357
446-action to contest the primary or election under section 9-323, 9-324, 9-358
447-328 or 9-329a, based on the alleged invalidity of the absentee ballot cast 359
448-at such primary or election. 360
449-Sec. 11. Section 9-170 of the general statutes is repealed and the 361
450-following is substituted in lieu thereof (Effective July 1, 2019): 362
451-At any regular or special town election any person may vote who is 363
452-registered as an elector on the revised registry list of the town last 364
453-completed and he shall vote only in the district in which he is so 365
454-registered, provided any person may vote whose name is restored to 366
455-the list under the provisions of section 9-42 or whose name is added on 367
456-the last week day before a regular election under the provisions of 368
457-section 9-17. Each person so registered shall be permitted to vote 369
458-unless he is not a bona fide resident of the town and political 370
459-subdivision holding the election. [or has been convicted of a 371
460-disfranchising crime.] Any person offering to vote and being 372
461-challenged as to his identity or residence shall, before he votes, prove 373
462-his identity with the person on whose name he offers to vote or his 374
463-bona fide residence in the town and political subdivision holding the 375
464-election, as the case may be, by the testimony, under oath, of at least 376
465-one other elector or by such other evidence acceptable to the 377
466-moderator. 378
467-Sec. 12. Section 9-171 of the general statutes is repealed and the 379
468-following is substituted in lieu thereof (Effective July 1, 2019): 380
469-In all cities, unless otherwise provided by law, any person entitled 381
470-Committee Bill No. 53
471-
472-
473-LCO No. 3864 14 of 21
474-
475-to vote at city elections who is registered on the revised registry list 382
476-last completed, and any person having a legal right to vote at such 383
477-elections whose name is entered on a copy of such list before voting, 384
478-may vote therein in the district for which such registry list is made; 385
479-provided those persons may vote whose names are restored to the list 386
480-under the provisions of section 9-42 or whose names are added on the 387
481-last week day before a regular election under the provisions of section 388
482-9-17. Each person so registered shall be permitted to vote, unless he 389
483-has lost his right by removal from such city since he has registered. [or 390
484-by conviction of a disfranchising crime.] Any person offering so to 391
485-vote, and being challenged as to his identity or residence, shall, before 392
486-he votes, prove his identity with the person on whose name he offers 393
487-to vote or his bona fide residence in such city, as the case may be, by 394
488-the testimony, under oath, of at least one other elector or by such other 395
489-evidence acceptable to the moderator. The names of those voting shall 396
490-be checked on such copy of such list, and such copy so checked shall 397
491-be kept on file in the office of the town clerk, as in the case of state 398
492-elections. 399
493-Sec. 13. Section 9-172 of the general statutes is repealed and the 400
494-following is substituted in lieu thereof (Effective July 1, 2019): 401
495-At any regular or special state election any person may vote who 402
496-was registered on the last-completed revised registry list of the town in 403
497-which he offers to vote, and he shall vote in the district in which he 404
498-was so registered; provided those persons may vote whose names are 405
499-restored to the list under the provisions of section 9-42 or whose names 406
500-are added on the last weekday before a regular election under the 407
501-provisions of section 9-17. Each person so registered shall be permitted 408
502-to vote if he is a bona fide resident of the town and political 409
503-subdivision holding the election. [and has not lost his right by 410
504-conviction of a disfranchising crime.] Any person offering so to vote 411
505-and being challenged as to his identity or residence shall, before he 412
506-votes, prove his identity with the person on whose name he offers to 413
507-vote or his bona fide residence in the town and political subdivision 414
508-Committee Bill No. 53
509-
510-
511-LCO No. 3864 15 of 21
512-
513-holding the election, as the case may be, by the testimony, under oath, 415
514-of at least one other elector or by such other evidence as is acceptable 416
515-to the moderator. 417
516-Sec. 14. Section 9-192 of the general statutes is repealed and the 418
517-following is substituted in lieu thereof (Effective July 1, 2019): 419
518-Each registrar of voters immediately after his election shall appoint 420
519-a deputy registrar of voters to hold office during his pleasure and may, 421
520-at any time, fill any vacancy in said office. He shall file with the town 422
521-clerk a certificate of each such appointment and the town clerk shall 423
522-record the certificate with the records of town meetings. Each deputy 424
523-registrar of voters shall assist his principal when required, discharge 425
524-his duties in his absence or inability to act and, in case of the death, 426
525-removal or resignation of such principal, shall become registrar of 427
526-voters and appoint a deputy, and shall file with the town clerk a 428
527-certificate of such appointment, which shall be recorded with the 429
528-records of town meetings. If a vacancy exists in the office of registrar of 430
529-voters in consequence of a refusal or failure to accept the office or a 431
530-failure of the registrar to appoint a deputy registrar, the town 432
531-committee of the same political party as the registrar of voters who so 433
532-refused, failed to accept or failed to appoint, or other appointing 434
533-authority specified in local party rules shall fill such vacancy by the 435
534-appointment of some suitable person, who shall belong to the same 436
535-political party as the registrar of voters who so refused, failed to accept 437
536-or failed to appoint. Each registrar of voters in any town may, as 438
537-needed, appoint and employ not more than four assistant registrars of 439
538-voters for each voting district therein, who shall serve at the pleasure 440
539-of the registrar of voters and assist such registrar in the performance of 441
540-his duties, and, for purposes of any admission session held pursuant to 442
541-section 9-19b or subsection (a) of section 9-19c, as many special 443
542-assistants as are necessary to carry out the duties of such session. Such 444
543-registrar shall file with the town clerk a certificate of each such 445
544-appointment, which shall be recorded with the records of the town, 446
545-and shall appoint such other assistants as are necessary for the 447
546-Committee Bill No. 53
547-
548-
549-LCO No. 3864 16 of 21
550-
551-performance of duties required by sections 9-12 to [9-45] 9-43, 448
552-inclusive, on election day and the six days preceding. Unless otherwise 449
553-provided by subsection (b) of section 9-19b, in the absence of either 450
554-registrar of voters, his deputy or any of his assistants, except special 451
555-assistants, shall have all the powers conferred, and may perform any of 452
556-the duties imposed, upon such registrar by any of the provisions of the 453
557-statutes. Each deputy, assistant or special assistant registrar shall be an 454
558-elector of the municipality in which he is appointed. Each deputy 455
559-registrar shall also, at the time of his appointment and during the six 456
560-months immediately preceding his appointment, be an enrolled 457
561-member of the same party as the registrar who makes such 458
562-appointment. 459
563-Sec. 15. Subsection (a) of section 9-236b of the general statutes is 460
564-repealed and the following is substituted in lieu thereof (Effective July 461
565-1, 2019): 462
566-(a) The Secretary of the State shall provide each municipality with 463
567-sufficient quantities of a poster size copy, at least eighteen by twenty-464
568-four inches, of a Voter's Bill of Rights, which shall be posted 465
569-conspicuously at each polling place. The text of the Voter's Bill of 466
570-Rights shall be: 467
571-"VOTER'S BILL OF RIGHTS 468
572-Every registered voter in this state has the right to: 469
573-(1) Inspect a sample ballot before voting; 470
574-(2) Receive instructions concerning how to operate voting 471
575-equipment, on sample voting equipment before voting; 472
576-(3) Cast a ballot if the voter is in line when the polls are closing; 473
577-(4) Ask for and receive assistance in voting, including assistance in 474
578-languages other than English where required by federal or state law; 475
579-Committee Bill No. 53
580-
581-
582-LCO No. 3864 17 of 21
583-
584-(5) Vote free from coercion or intimidation by election officials or 476
585-any other person; 477
586-(6) Cast a ballot using voting equipment that accurately counts all 478
587-votes; 479
588-(7) Vote by provisional ballot if the individual registered to vote and 480
589-the individual's name is not on the voter list; and 481
590-[(8) Be informed of the process for restoring the individual's right to 482
591-vote if the individual was incarcerated for a felony conviction; and] 483
592-[(9)] (8) Vote independently and in privacy at a polling place, 484
593-regardless of physical disability. 485
594-If any of your rights have been violated, you have the right to file an 486
595-official complaint with the State Elections Enforcement Commission at 487
596-…. (toll-free telephone number) or the United States Department of 488
597-Justice at …. (toll-free telephone number). In addition, before leaving 489
598-the polling place you may notify the moderator of the violation." 490
599-Sec. 16. Section 9-355 of the general statutes is repealed and the 491
600-following is substituted in lieu thereof (Effective July 1, 2019): 492
601-Any person who, without reasonable cause, neglects to perform any 493
602-of the duties required of him by the laws relating to elections or 494
603-primaries and for which neglect no other punishment is provided, and 495
604-any person who is guilty of fraud in the performance of any such duty, 496
605-and any person who makes any unlawful alteration in any list required 497
606-by law, shall be fined not more than three hundred dollars or be 498
607-imprisoned not more than one year or be both fined and imprisoned. 499
608-[Any official who is convicted of fraud in the performance of any duty 500
609-imposed upon him by any law relating to the registration or admission 501
610-of electors or to the conduct of any election shall be disfranchised.] 502
611-Any public officer or any election official upon whom any duty is 503
612-imposed by part I of chapter 147 and sections 9-308 to 9-311, inclusive, 504
613-who wilfully omits or neglects to perform any such duty or does any 505
614-Committee Bill No. 53
615-
616-
617-LCO No. 3864 18 of 21
618-
619-act prohibited therein for which punishment is not otherwise provided 506
620-shall be guilty of a class E felony. 507
621-Sec. 17. Section 9-358 of the general statutes is repealed and the 508
622-following is substituted in lieu thereof (Effective July 1, 2019): 509
623-Any person who, upon oath or affirmation, legally administered, 510
624-wilfully and corruptly testifies or affirms, before any registrar of 511
625-voters, any moderator of any election, primary or referendum, any 512
626-board for admission of electors or the State Elections Enforcement 513
627-Commission, falsely, to any material fact concerning the identity, age, 514
628-residence or other qualifications of any person whose right to be 515
629-registered or admitted as an elector or to vote at any election, primary 516
630-or referendum is being passed upon and decided, shall be guilty of a 517
631-class D felony. [and shall be disfranchised.] 518
632-Sec. 18. Section 9-360 of the general statutes is repealed and the 519
633-following is substituted in lieu thereof (Effective July 1, 2019): 520
634-Any person not legally qualified who fraudulently votes in any 521
635-town meeting, primary, election or referendum in which the person is 522
636-not qualified to vote, and any legally qualified person who, at such 523
637-meeting, primary, election or referendum, fraudulently votes more 524
638-than once at the same meeting, primary, election or referendum, shall 525
639-be fined not less than three hundred dollars or more than five hundred 526
640-dollars and shall be imprisoned not less than one year or more than 527
641-two years. [and shall be disfranchised.] Any person who votes or 528
642-attempts to vote at any election, primary, referendum or town meeting 529
643-by assuming the name of another legally qualified person shall be 530
644-guilty of a class D felony. [and shall be disfranchised.] 531
645-Sec. 19. Section 9-361 of the general statutes is repealed and the 532
646-following is substituted in lieu thereof (Effective July 1, 2019): 533
647-The following persons shall be guilty of primary or enrollment 534
648-violations: (1) Any person unlawfully voting or participating or 535
649-Committee Bill No. 53
650-
651-
652-LCO No. 3864 19 of 21
653-
654-attempting to vote or participate in any primary in which he is not 536
655-eligible to vote or participate; (2) in towns divided into voting districts, 537
656-any elector who registers or votes at any primary in a voting district 538
657-other than the district in which such elector is legally entitled to vote at 539
658-the time of such primary; (3) any elector who signs the name of 540
659-another to a written application to register, without the knowledge and 541
660-consent of the person whose name is signed thereto, or who falsely 542
661-represents the contents of any written or printed form of application 543
662-for enrollment with intent to secure the application of an elector for 544
663-enrollment upon a list other than that of his true political preference; 545
664-(4) any registrar or deputy registrar of voters who fails to hold sessions 546
665-as provided in sections 9-51 and 9-53 or who fails to register an elector 547
666-upon the oral or written application for enrollment of such elector, 548
667-except as provided by law, or who fails to erase an elector's name as 549
668-provided in section 9-59 or who registers any elector upon an 550
669-enrollment list other than that declared by such elector in his 551
670-application as his political preference, or who removes or erases the 552
671-name of any elector from any enrollment list except as provided by 553
672-law; (5) any person who fails to properly serve any notice or citation 554
673-required by sections 9-60 and 9-61 when directed so to do by any 555
674-registrar or deputy registrar, or who makes any false return as to any 556
675-such notice or citation; and (6) any moderator of a primary of the 557
676-enrolled electors of a specified party, such primary being legally called 558
677-for the nomination of candidates for any public elective office, who 559
678-fails to comply with the requirements of chapter 153. The penalty for 560
679-any such violation shall be a class D misdemeanor, except that any 561
680-person found to have violated subdivision (1) or (2) of this section shall 562
681-be guilty of a class D felony. [and shall be disfranchised.] 563
682-Sec. 20. Section 9-453e of the general statutes is repealed and the 564
683-following is substituted in lieu thereof (Effective July 1, 2019): 565
684-Each circulator of a nominating petition page shall be a United 566
685-States citizen, at least eighteen years of age and a resident of a town in 567
686-this state. [and shall not be on parole for conviction of a felony.] Any 568
687-Committee Bill No. 53
688-
689-
690-LCO No. 3864 20 of 21
691-
692-individual proposed as a candidate in any nominating petition may 569
693-serve as circulator of the pages of such nominating petition. 570
694-Sec. 21. Section 9-453j of the general statutes is repealed and the 571
695-following is substituted in lieu thereof (Effective July 1, 2019): 572
696-Each page of a nominating petition submitted to the town clerk or 573
697-the Secretary of the State and filed with the Secretary of the State under 574
698-the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 575
699-shall contain a statement as to the residency in this state and eligibility 576
700-of the circulator and authenticity of the signatures thereon, signed 577
701-under penalties of false statement, by the person who circulated the 578
702-same. Such statement shall set forth (1) such circulator's residence 579
703-address, including the town in this state in which such circulator is a 580
704-resident, (2) the circulator's date of birth and that the circulator is at 581
705-least eighteen years of age, (3) that the circulator is a United States 582
706-citizen, [and not on parole for conviction of a felony,] and (4) that each 583
707-person whose name appears on such page signed the same in person 584
708-in the presence of such circulator and that either the circulator knows 585
709-each such signer or that the signer satisfactorily identified himself to 586
710-the circulator. Any false statement committed with respect to such 587
711-statement shall be deemed to have been committed in the town in 588
712-which the petition was circulated. 589
713-Sec. 22. Sections 9-45 and 9-46 of the general statutes are repealed. 590
714-(Effective July 1, 2019) 591
715-This act shall take effect as follows and shall amend the following
716-sections:
717-
718-Section 1 July 1, 2019 9-46a
719-Sec. 2 July 1, 2019 9-19h(b)
720-Sec. 3 July 1, 2019 9-20(a)
721-Sec. 4 July 1, 2019 9-23n(b)
722-Sec. 5 July 1, 2019 9-26
723-Sec. 6 July 1, 2019 9-31b
724-Sec. 7 July 1, 2019 9-35(b)
725-Committee Bill No. 53
726-
727-
728-LCO No. 3864 21 of 21
729-
730-Sec. 8 July 1, 2019 9-158b
731-Sec. 9 July 1, 2019 9-158d
732-Sec. 10 July 1, 2019 9-159p(a)
733-Sec. 11 July 1, 2019 9-170
734-Sec. 12 July 1, 2019 9-171
735-Sec. 13 July 1, 2019 9-172
736-Sec. 14 July 1, 2019 9-192
737-Sec. 15 July 1, 2019 9-236b(a)
738-Sec. 16 July 1, 2019 9-355
739-Sec. 17 July 1, 2019 9-358
740-Sec. 18 July 1, 2019 9-360
741-Sec. 19 July 1, 2019 9-361
742-Sec. 20 July 1, 2019 9-453e
743-Sec. 21 July 1, 2019 9-453j
744-Sec. 22 July 1, 2019 Repealer section
745-
24+That title 9 of the general statutes be amended to (1) permit electors 1
25+who have been convicted of a felony and committed to confinement in 2
26+a correctional institution or facility or a community residence to retain 3
27+their electoral privileges, and (2) restore electoral privileges to 4
28+individuals presently so confined as a result of any such conviction. 5
74629 Statement of Purpose:
74730 To provide for restoration of electoral privileges to incarcerated
74831 individuals and retention of such privileges by individuals who may
74932 be incarcerated in the future.
750-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
751-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
752-not underlined.]
753-
754-Co-Sponsors: SEN. WINFIELD, 10th Dist.; SEN. MOORE, 22nd Dist.
755-
756-S.B. 53
757-
758-