Connecticut 2021 Regular Session

Connecticut House Bill HB05461 Compare Versions

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3+LCO No. 1158 1 of 1
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7-LCO No. 4981 1 of 3
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9-General Assembly Committee Bill No. 5461
5+General Assembly Proposed Bill No. 5461
106 January Session, 2021
11-LCO No. 4981
7+LCO No. 1158
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139
1410 Referred to Committee on GOVERNMENT ADMINISTRATION
1511 AND ELECTIONS
1612
1713
1814 Introduced by:
19-(GAE)
15+REP. CANDELORA, 86th Dist.
16+REP. DEVLIN, 134th Dist.
17+REP. O'DEA, 125th Dist.
18+REP. PERILLO, 113th Dist.
19+REP. REBIMBAS, 70th Dist.
20+REP. ZUPKUS, 89th Dist.
2021
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2324 AN ACT CONCERNING JURISDICTION OVER DISPUTES IN
2425 ELECTIONS FOR THE OFFICES OF STATE SENATOR AND STATE
2526 REPRESENTATIVE.
2627 Be it enacted by the Senate and House of Representatives in General
2728 Assembly convened:
2829
29-Section 1. Section 9-324 of the general statutes is repealed and the 1
30-following is substituted in lieu thereof (Effective October 1, 2021): 2
31-Any elector or candidate who claims that such elector or candidate is 3
32-aggrieved by any ruling of any election official in connection with any 4
33-election for Governor, Lieutenant Governor, Secretary of the State, State 5
34-Treasurer, Attorney General, State Comptroller, state senator, state 6
35-representative or judge of probate, held in such elector's or candidate's 7
36-town, or that there has been a mistake in the count of the votes cast at 8
37-such election for candidates for said offices or any of them, at any voting 9
38-district in such elector's or candidate's town, or any candidate for such 10
39-an office who claims that such candidate is aggrieved by a violation of 11
40-any provision of section 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or 12
41-9-365 in the casting of absentee ballots at such election or any candidate 13
42-for the office of Governor, Lieutenant Governor, Secretary of the State, 14
43-Committee Bill No. 5461
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46-LCO No. 4981 2 of 3
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48-State Treasurer, Attorney General, [or] State Comptroller, state senator 15
49-or state representative who claims that such candidate is aggrieved by a 16
50-violation of any provision of sections 9-700 to 9-716, inclusive, may bring 17
51-such elector's or candidate's complaint to any judge of the Superior 18
52-Court, in which such elector or candidate shall set out the claimed errors 19
53-of such election official, the claimed errors in the count or the claimed 20
54-violations of said sections. In any action brought pursuant to the 21
55-provisions of this section, the complainant shall send a copy of the 22
56-complaint by first-class mail, or deliver a copy of the complaint by hand, 23
57-to the State Elections Enforcement Commission. If such complaint is 24
58-made prior to such election, such judge shall proceed expeditiously to 25
59-render judgment on the complaint and shall cause notice of the hearing 26
60-to be given to the Secretary of the State and the State Elections 27
61-Enforcement Commission. If such complaint is made subsequent to the 28
62-election, it shall be brought not later than fourteen days after the election 29
63-or, if such complaint is brought in response to the manual tabulation of 30
64-paper ballots authorized pursuant to section 9-320f, such complaint 31
65-shall be brought not later than seven days after the close of any such 32
66-manual tabulation and, in either such circumstance, such judge shall 33
67-forthwith order a hearing to be had upon such complaint, upon a day 34
68-not more than five nor less than three days from the making of such 35
69-order, and shall cause notice of not less than three nor more than five 36
70-days to be given to any candidate or candidates whose election may be 37
71-affected by the decision upon such hearing, to such election official, the 38
72-Secretary of the State, the State Elections Enforcement Commission and 39
73-to any other party or parties whom such judge deems proper parties 40
74-thereto, of the time and place for the hearing upon such complaint. Such 41
75-judge shall, on the day fixed for such hearing and without unnecessary 42
76-delay, proceed to hear the parties. If sufficient reason is shown, such 43
77-judge may order any voting tabulators to be unlocked or any ballot 44
78-boxes to be opened and a recount of the votes cast, including absentee 45
79-ballots, to be made. Such judge shall thereupon, in case such judge finds 46
80-any error in the rulings of the election official, any mistake in the count 47
81-of the votes or any violation of said sections, certify the result of such 48
82-Committee Bill No. 5461
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85-LCO No. 4981 3 of 3
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87-judge's finding or decision to the Secretary of the State before the 49
88-fifteenth day of the next succeeding December. Such judge may order a 50
89-new election or a change in the existing election schedule. Such 51
90-certificate of such judge of such judge's finding or decision shall be final 52
91-and conclusive upon all questions relating to errors in the rulings of 53
92-such election officials, to the correctness of such count, and, for the 54
93-purposes of this section only, such claimed violations, and shall operate 55
94-to correct the returns of the moderators or presiding officers, so as to 56
95-conform to such finding or decision, unless the same is appealed from 57
96-as provided in section 9-325. 58
97-This act shall take effect as follows and shall amend the following
98-sections:
99-
100-Section 1 October 1, 2021 9-324
101-
30+That section 9-324 of the general statutes be amended to provide that 1
31+certain aggrieved parties may bring complaints regarding elections for 2
32+the offices of state senator and state representative to the Superior Court. 3
10233 Statement of Purpose:
103-To statutorily confer jurisdiction over contested elections for state
104-legislative offices to the judicial branch.
105-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
106-that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
107-underlined.]
108-
109-Co-Sponsors: REP. CANDELORA, 86th Dist.; REP. DEVLIN, 134th Dist.
110-REP. O'DEA, 125th Dist.; REP. PERILLO, 113th Dist.
111-REP. REBIMBAS, 70th Dist.; REP. ZUPKUS, 89th Dist.
112-REP. ZAWISTOWSKI, 61st Dist.; REP. FISHBEIN, 90th Dist.
113-REP. BOLINSKY, 106th Dist.; REP. WOOD, 141st Dist.
114-
115-H.B. 5461
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117-
34+To grant jurisdiction over contested elections for state legislative offices
35+to the judicial branch.