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General Assembly Committee Bill No. 6325
January Session, 2021
LCO No. 4990
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E SECRETARY OF THE S TATE,
ABSENTEE BALLOTS AND ELECTION AUDITS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) Not later than October 1, 2021, the 1
Secretary of the State shall submit a report, in accordance with the 2
provisions of section 11-4a of the general statutes, to the joint standing 3
committee of the General Assembly having cognizance of matters 4
relating to elections (1) identifying each statute, regulation, requirement 5
or part thereof regarding the conduct of elections that was modified or 6
suspended, in whole or in part, by (A) executive order of the Governor 7
issued pursuant to section 28-9 of the general statutes, or (B) declaratory 8
ruling, instruction, opinion or order of the Secretary issued pursuant to 9
section 9-3 of the general statutes, as amended by this act, for any 10
election or primary held in 2020 or 2021, and (2) explaining and detailing 11
each such modification or suspension. 12
Sec. 2. Section 9-3 of the general statutes is repealed and the following 13
is substituted in lieu thereof (Effective October 1, 2021): 14
(a) The Secretary of the State, by virtue of the office, shall be the 15
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Commissioner of Elections of the state, with such powers and duties 16
relating to the conduct of elections as are prescribed by law and, unless 17
otherwise provided by state statute, the Secretary's regulations, 18
declaratory rulings, instructions and opinions, if in written form, and 19
any order issued under subsection (b) of this section, shall be presumed 20
as correctly interpreting and effectuating the administration of elections 21
and primaries under this title, except for chapters 155 to 158, inclusive, 22
and shall be executed, carried out or implemented, as the case may be, 23
provided nothing in this section shall be construed to alter the right of 24
appeal provided under the provisions of chapter 54. Any such written 25
instruction or opinion shall be labeled as an instruction or opinion 26
issued pursuant to this section, as applicable, and any such instruction 27
or opinion shall cite any authority that is discussed in such instruction 28
or opinion. 29
(b) During any municipal, state or federal election, primary or 30
recanvass, or any audit conducted pursuant to section 9-320f, the 31
Secretary of the State may issue an order, whether orally or in writing, 32
to any registrar of voters or moderator to correct any irregularity or 33
impropriety in the conduct of such election, primary or recanvass or 34
audit. Any such order shall be effective upon issuance. As soon as 35
practicable after issuance of an oral order pursuant to this subsection, 36
the Secretary shall reduce such order to writing, cite within such order 37
any applicable provision of law authorizing such order and cause a copy 38
of such written order to be delivered to the individual who is the subject 39
of such order or, in the case that such order was originally issued in 40
writing, issue a subsequent written order that conforms to such 41
requirements. The Superior Court, on application of the Secretary or the 42
Attorney General, may enforce by appropriate decree or process any 43
such order issued pursuant to this subsection. 44
(c) Prior to issuing any declaratory ruling pursuant to section 4-176, 45
as amended by this act, or any instruction, opinion or order under the 46
provisions of this section, the Secretary of the State shall adopt such 47
declaratory ruling, instruction, opinion or order as a regulation, in 48
accordance with the provisions of chapter 54. The Secretary shall 49
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publish on the eRegulations System a notice of intent to adopt (1) such 50
declaratory ruling as a regulation not later than sixty days after receipt 51
of a petition for a declaratory ruling, and (2) such instruction, opinion 52
or order as a regulation immediately upon proposing to so issue any 53
such instruction, opinion or order. Such declaratory ruling, instruction, 54
opinion or order shall be effective when the regulation is posted on the 55
eRegulations System by the Secretary of the State under section 4-172. 56
Sec. 3. Subdivision (16) of section 4-166 of the general statutes is 57
repealed and the following is substituted in lieu thereof (Effective October 58
1, 2021): 59
(16) "Regulation" means each agency statement of general 60
applicability, without regard to its designation, that implements, 61
interprets, or prescribes law or policy, or describes the organization, 62
procedure, or practice requirements of any agency. The term includes 63
the amendment or repeal of a prior regulation, but does not include (A) 64
statements concerning only the internal management of any agency and 65
not affecting private rights or procedures available to the public, (B) 66
declaratory rulings issued pursuant to section 4-176, as amended by this 67
act, other than declaratory rulings described in section 9-3, as amended 68
by this act, or (C) intra-agency or interagency memoranda; 69
Sec. 4. Section 4-176 of the general statutes is repealed and the 70
following is substituted in lieu thereof (Effective October 1, 2021): 71
(a) Any person may petition an agency, or an agency may on its own 72
motion initiate a proceeding, for a declaratory ruling as to the validity 73
of any regulation, or the applicability to specified circumstances of a 74
provision of the general statutes, a regulation, or a final decision on a 75
matter within the jurisdiction of the agency. 76
(b) Each agency shall adopt regulations, in accordance with the 77
provisions of this chapter, that provide for (1) the form and content of 78
petitions for declaratory rulings, (2) the filing procedure for such 79
petitions and (3) the procedural rights of persons with respect to the 80
petitions. 81
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(c) Within thirty days after receipt of a petition for a declaratory 82
ruling, an agency shall give notice of the petition to all persons to whom 83
notice is required by any provision of law and to all persons who have 84
requested notice of declaratory ruling petitions on the subject matter of 85
the petition. 86
(d) If the agency finds that a timely petition to become a party or to 87
intervene has been filed according to the regulations adopted under 88
subsection (b) of this section, the agency: (1) May grant a person status 89
as a party if the agency finds that the petition states facts demonstrating 90
that the petitioner's legal rights, duties or privileges shall be specifically 91
affected by the agency proceeding; and (2) may grant a person status as 92
an intervenor if the agency finds that the petition states facts 93
demonstrating that the petitioner's participation is in the interests of 94
justice and will not impair the orderly conduct of the proceedings. The 95
agency may define an intervenor's participation in the manner set forth 96
in subsection (d) of section 4-177a. 97
(e) Within sixty days after receipt of a petition for a declaratory 98
ruling, an agency in writing shall: (1) Issue a ruling declaring the 99
validity of a regulation or the applicability of the provision of the 100
general statutes, the regulation, or the final decision in question to the 101
specified circumstances, (2) order the matter set for specified 102
proceedings, (3) agree to issue a declaratory ruling by a specified date, 103
(4) decide not to issue a declaratory ruling and initiate regulation-104
making proceedings, under section 4-168, on the subject, [or] (5) decide 105
not to issue a declaratory ruling, stating the reasons for its action, or (6) 106
in the case of a declaratory ruling described in section 9-3, as amended 107
by this act, publish notice of intent to adopt regulations concerning such 108
declaratory ruling. 109
(f) A copy of all rulings issued and any actions taken under 110
subsection (e) of this section shall be promptly delivered to the 111
petitioner and other parties personally or by United States mail, certified 112
or registered, postage prepaid, return receipt requested. 113
(g) If the agency conducts a hearing in a proceeding for a declaratory 114
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ruling, the provisions of subsection (b) of section 4-177c, section 4-178 115
and section 4-179 shall apply to the hearing. 116
(h) [A] Except as provided in subsection (c) of section 9-3, as amended 117
by this act, a declaratory ruling shall be effective when personally 118
delivered or mailed or on such later date specified by the agency in the 119
ruling, shall have the same status and binding effect as an order issued 120
in a contested case and shall be a final decision for purposes of appeal 121
in accordance with the provisions of section 4-183. A declaratory ruling 122
shall contain the names of all parties to the proceeding, the particular 123
facts on which it is based and the reasons for its conclusion. 124
(i) If an agency does not issue a declaratory ruling, other than a 125
declaratory ruling described in section 9-3, as amended by this act, 126
within one hundred eighty days after the filing of a petition therefor, or 127
within such longer period as may be agreed by the parties, the agency 128
shall be deemed to have decided not to issue such ruling. 129
(j) The agency shall keep a record of the proceeding as provided in 130
section 4-177. 131
Sec. 5. Subsection (l) of section 9-140 of the general statutes is repealed 132
and the following is substituted in lieu thereof (Effective October 1, 2021): 133
(l) (1) No candidate, party or political committee, or agent of such 134
candidate or committee shall mail unsolicited applications for absentee 135
ballots to any person, unless such mailing includes: [(1)] (A) A written 136
explanation of the eligibility requirements for voting by absentee ballot 137
as prescribed in subsection (a) of section 9-135, and [(2)] (B) a written 138
warning that voting or attempting to vote by absentee ballot without 139
meeting one or more of such eligibility requirements subjects the elector 140
or applicant to potential civil and criminal penalties. As used in this 141
[subsection] subdivision, "agent" means any person authorized to act on 142
behalf of another person. 143
(2) Notwithstanding the provisions of subdivision (1) of this 144
subsection, neither the Secretary of the State nor any registrar of voters, 145
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town clerk or any individual appointed thereby shall mail unsolicited 146
applications for absentee ballots to any person. 147
Sec. 6. (NEW) (Effective from passage) Notwithstanding the provisions 148
of subsection (c) of section 9-147a and sections 9-150a and 9-150e of the 149
general statutes, whenever at any election the General Assembly 150
authorizes absentee ballots to be processed before the day of such 151
election, (1) the registrars of voters of each municipality shall appoint 152
absentee ballot counters for such purpose and such absentee ballot 153
counters shall so process absentee ballots before the day of such election 154
in accordance with applicable provisions of law, and (2) in the case of 155
any returned absentee ballot for which the statement on the inner 156
envelope has not been signed as required by section 9-140a of the 157
general statutes, (A) the registrars of voters shall not contact the 158
absentee ballot applicant who returned such absentee ballot for the 159
purpose of curing such lack of signature, and (B) the absentee ballot 160
counters shall not open such inner envelope or remove the ballot 161
therefrom, shall replace such inner envelope in the opened outer 162
envelope and shall mark such outer envelope "Rejected" and endorse 163
the reason for such rejection on such outer envelope. 164
Sec. 7. (Effective October 1, 2021) (a) Notwithstanding the provisions 165
of section 7-192a of the general statutes, the Secretary of the State shall 166
establish a pilot program for the manual or electronic verification of 167
signatures on the inner envelopes for returned absentee ballots at the 168
2022 state election. The Secretary shall randomly select five 169
municipalities for participation in such pilot program, in accordance 170
with the following: (1) One municipality with a population of less than 171
ten thousand; (2) one municipality with a population of ten thousand or 172
greater, but less than twenty-five thousand; (3) one municipality with a 173
population of twenty-five thousand or greater, but less than fifty 174
thousand; (4) one municipality with a population of fifty thousand or 175
greater, but less than one hundred thousand; and (5) one municipality 176
with a population of one hundred thousand or greater. For the purposes 177
of this section, "population" means the estimated number of people 178
according to the most recent version of the State Register and Manual 179
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prepared pursuant to section 3-90 of the general statutes. 180
(b) Not later than January 1, 2023, the Secretary of the State shall 181
submit a report on the findings of the pilot program described in 182
subsection (a) of this section and recommendations for legislation to the 183
joint standing committee of the General Assembly having cognizance of 184
matters relating to elections, in accordance with the provisions of section 185
11-4a of the general statutes. 186
Sec. 8. Subsection (b) of section 9-139a of the general statutes is 187
repealed and the following is substituted in lieu thereof (Effective from 188
passage): 189
(b) The application for absentee ballot shall be in the form of a 190
statement signed under the penalties of false statement in absentee 191
balloting. Each application shall contain (1) spaces for the signature 192
under the penalties of false statement in absentee balloting of any person 193
who assists the applicant in the completion of an application, together 194
with the information required in section 9-140, as amended by this act, 195
[and] (2) spaces for the signature and the printed or typed name of the 196
applicant, and (3) a conspicuously placed statement of the penalties for 197
violation of any provision of said section regarding possession, 198
completion or return of an application. 199
Sec. 9. (Effective from passage) (a) There is established a task force to 200
study the feasibility of implementing procedures whereby an absentee 201
ballot applicant uses a single envelope, instead of two, for the return of 202
such applicant's absentee ballot. Such study shall include an 203
examination and identification of each section of the general statutes 204
that would require amending in order to implement such procedures. 205
(b) The task force shall consist of the following members: 206
(1) One appointed by the speaker of the House of Representatives; 207
(2) One appointed by the president pro tempore of the Senate; 208
(3) One appointed by the minority leader of the House of 209
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Representatives; 210
(4) One appointed by the minority leader of the Senate; 211
(5) One appointed by the House of Representatives chairperson of the 212
joint standing committee of the General Assembly having cognizance of 213
matters relating to elections; 214
(6) One appointed by the Senate chairperson of the joint standing 215
committee of the General Assembly having cognizance of matters 216
relating to elections; 217
(7) One appointed by the House of Representatives ranking member 218
of the joint standing committee of the General Assembly having 219
cognizance of matters relating to elections; 220
(8) One appointed by the Senate ranking member of the joint standing 221
committee of the General Assembly having cognizance of matters 222
relating to elections; 223
(9) The Secretary of the State, or the Secretary's designee; 224
(10) Two appointed by the president of the Registrars of Voters 225
Association of Connecticut, each of whom shall be enrolled in a different 226
political party from the other; and 227
(11) One appointed by the president of the Connecticut Town Clerks 228
Association. 229
(c) Any member of the task force appointed under subdivision (1), 230
(2), (3), (4), (5), (6), (7) or (8) of subsection (b) of this section may be a 231
member of the General Assembly. 232
(d) All initial appointments to the task force shall be made not later 233
than thirty days after the effective date of this section. Any vacancy shall 234
be filled by the appointing authority. 235
(e) The speaker of the House of Representatives and the president pro 236
tempore of the Senate shall select the chairpersons of the task force from 237
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among the members of the task force. Such chairpersons shall schedule 238
the first meeting of the task force, which shall be held not later than sixty 239
days after the effective date of this section. 240
(f) The administrative staff of the joint standing committee of the 241
General Assembly having cognizance of matters relating to elections 242
shall serve as administrative staff of the task force. 243
(g) Not later than January 1, 2022, the task force shall submit a report 244
on its findings and recommendations to the joint standing committee of 245
the General Assembly having cognizance of matters relating to 246
elections, in accordance with the provisions of section 11-4a of the 247
general statutes. The task force shall terminate on the date that it 248
submits such report or January 1, 2022, whichever is later. 249
Sec. 10. (Effective from passage) (a) There is established a working 250
group to (1) examine employing risk-limiting audits to determine the 251
accuracy of election results, including (A) the feasibility of 252
implementing such audits, (B) the different methods used in such audits 253
and the practical considerations for implementation of each such 254
method within the existing statutory framework, (C) any potential 255
equipment necessary to implement one or more of such methods, (D) 256
the procedures necessary to implement one or more of such methods, 257
and (E) any changes to such statutory framework necessary to 258
implement one or more of such methods, and (2) within available 259
appropriations, oversee a pilot program in not less than five and not 260
more than ten municipalities of one or more of such methods for the 261
municipal elections held in such municipalities in 2021. 262
(b) The working group shall consist of the following members: 263
(1) The Secretary of the State, or the Secretary's designee, who shall 264
be the chairperson of such working group; 265
(2) One appointed by the speaker of the House of Representatives; 266
(3) One appointed by the president pro tempore of the Senate; 267
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(4) One appointed by the minority leader of the House of 268
Representatives; 269
(5) One appointed by the minority leader of the Senate; 270
(6) Two appointed by the chairpersons and ranking members of the 271
joint standing committee of the General Assembly having cognizance of 272
matters relating to elections, each of whom shall be enrolled in a 273
different political party from the other; 274
(7) Two appointed by the Secretary of the State, one of whom shall be 275
admitted to the practice of law in this state and have expertise in the 276
election laws of this state, and the other of whom shall be a statistician; 277
(8) Two appointed by the president of the Registrars of Voters 278
Association of Connecticut, each of whom shall be enrolled in a different 279
political party from the other; and 280
(9) The director of the Center for Voting Technology Research at The 281
University of Connecticut, or the director's designee. 282
(c) Any member of the working group appointed under subdivision 283
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 284
of the General Assembly. 285
(d) All initial appointments to the working group shall be made not 286
later than thirty days after the effective date of this section. Any vacancy 287
shall be filled by the appointing authority. 288
(e) The Secretary of the State, or the Secretary's designee, as 289
chairperson of the working group, shall schedule the first meeting of 290
such working group, which shall be held not later than sixty days after 291
the effective date of this section. 292
(f) The administrative staff of the joint standing committee of the 293
General Assembly having cognizance of matters relating to elections 294
shall serve as administrative staff of the working group. 295
(g) Not later than January 31, 2022, the working group shall submit a 296
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report on its findings and recommendations to the joint standing 297
committee of the General Assembly having cognizance of matters 298
relating to elections, in accordance with the provisions of section 11-4a 299
of the general statutes, and to the Secretary of the State. The working 300
group shall terminate on the date that it submits such report or January 301
31, 2022, whichever is later. 302
Sec. 11. Section 9-374 of the general statutes is repealed and the 303
following is substituted in lieu thereof (Effective from passage): 304
No authority of the state or any political subdivision thereof having 305
jurisdiction over the conduct of any primary shall permit the name of a 306
party-endorsed candidate for an office or position to be printed on the 307
official ballot to be used at any such primary unless a copy of the party 308
rules regulating such party and its method of selecting party-endorsed 309
candidates for nomination to such office or for election as town 310
committee members, as the case may be, has been filed in the office of 311
the Secretary of the State at least sixty days before such candidate is 312
selected under such method of endorsement. The selection of delegates 313
to conventions shall not be valid unless at least one copy of the party 314
rules regulating the manner of making such selection has been filed in 315
the office of the Secretary of the State at least sixty days before such 316
selection is made. A duplicate copy of such rules shall also be filed with 317
the state central committee of such party. A copy of the local party rules, 318
relating to a party in a municipality, shall be filed forthwith by the town 319
chairman or the secretary of the town committee of such party in such 320
municipality with the Secretary of the State. The state party rules shall 321
be filed by the state chairman or the secretary of the state central 322
committee of such party. In the case of a minor party, no authority of 323
the state or any subdivision thereof having jurisdiction over the conduct 324
of any election shall permit the name of a candidate of such party for 325
any office to be printed on the official ballot unless at least one copy of 326
the party rules regulating the manner of nominating a candidate for 327
such office has been filed in the office of the Secretary of the State at least 328
[sixty] one hundred eighty days before the nomination of such 329
candidate. In the case of a minor party, the selection of town committee 330
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members and delegates to conventions shall not be valid unless at least 331
one copy of the party rules regulating the manner of making such 332
selection has been filed in the office of the Secretary of the State at least 333
sixty days before such selection is made. A copy of local party rules shall 334
forthwith be also filed with the town clerk of the municipality to which 335
they relate. Party rules shall not be effective until sixty days after the 336
filing of the same with the Secretary of the State. A party in any 337
municipality for which local party rules with respect to any office or 338
position have not been filed as provided in this section shall, as to such 339
office or position, be subject to the provisions of the effective state rules 340
of such party applicable in municipalities which do not have local party 341
rules, until such time as local party rules therefor are filed and become 342
effective as provided in this section. The town chairman of a party in 343
any municipality for which local party rules have not been adopted and 344
filed as provided in this section shall forthwith file a statement with the 345
Secretary of the State to the effect that such party in such municipality 346
does not have local party rules. The term "party rules" as used in this 347
section includes any amendment to such party rules. When any 348
amendment is to be filed as required by this section, complete party 349
rules incorporating such amendment shall be filed, together with a 350
separate copy of such amendment. 351
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 October 1, 2021 9-3
Sec. 3 October 1, 2021 4-166(16)
Sec. 4 October 1, 2021 4-176
Sec. 5 October 1, 2021 9-140(l)
Sec. 6 from passage New section
Sec. 7 October 1, 2021 New section
Sec. 8 from passage 9-139a(b)
Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 from passage 9-374
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Statement of Purpose:
To (1) require the Secretary of the State to report on certain election laws
modified or suspended for any primary or election held in 2020 or 2021,
(2) require any declaratory ruling, instruction, opinion or order of the
Secretary to be adopted as a regulation and submitted to the Legislative
Regulation Review Committee, (3) prohibit the unsolicited mailing of
absentee ballots by certain election officials, (4) provide state-wide
consistency regarding pre-election day processing of absentee ballots
whenever authorized and prohibit registrars of voters from contacting
voters for the purpose of curing unsigned absentee ballots, (5) require
the Secretary to establish a pilot program from the verification of
signatures on returned absentee ballot envelopes, (6) require that
absentee ballot applications contain a statement regarding penalties for
noncompliance with certain provisions, (7) establish a task force to
study the feasibility of single-envelope returns of absentee ballots, (8)
establish a working group to examine risk-limiting audits of election
results, and (9) change the deadline by which minor parties need to file
their rules with the Secretary prior to nominating candidates for office.
[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: REP. MASTROFRANCESCO, 80th Dist.; SEN. SAMPSON, 16th
Dist.
REP. FRANCE, 42nd Dist.; REP. FISHBEIN, 90th Dist.
REP. ANDERSON, 62nd Dist.
H.B. 6325