19 | | - | Section 1. (Effective from passage) (a) There is established a task force 1 |
---|
20 | | - | to study the feasibility of implementing procedures whereby an 2 |
---|
21 | | - | absentee ballot applicant uses a single envelope, instead of two, for the 3 |
---|
22 | | - | return of such applicant's absentee ballot. Such study shall include an 4 |
---|
23 | | - | examination and identification of each section of the general statutes 5 |
---|
24 | | - | that would require amending in order to implement such procedures. 6 |
---|
25 | | - | (b) The task force shall consist of the following members: 7 |
---|
26 | | - | (1) One appointed by the speaker of the House of Representatives; 8 |
---|
27 | | - | (2) One appointed by the president pro tempore of the Senate; 9 |
---|
28 | | - | (3) One appointed by the minority leader of the House of 10 |
---|
29 | | - | Representatives; 11 |
---|
30 | | - | (4) One appointed by the minority leader of the Senate; 12 |
---|
31 | | - | (5) One appointed by the House of Representatives chairperson of the 13 |
---|
32 | | - | joint standing committee of the General Assembly having cognizance of 14 |
---|
33 | | - | matters relating to elections; 15 Substitute Bill No. 6325 |
---|
| 27 | + | Section 1. (Effective from passage) Not later than October 1, 2021, the 1 |
---|
| 28 | + | Secretary of the State shall submit a report, in accordance with the 2 |
---|
| 29 | + | provisions of section 11-4a of the general statutes, to the joint standing 3 |
---|
| 30 | + | committee of the General Assembly having cognizance of matters 4 |
---|
| 31 | + | relating to elections (1) identifying each statute, regulation, requirement 5 |
---|
| 32 | + | or part thereof regarding the conduct of elections that was modified or 6 |
---|
| 33 | + | suspended, in whole or in part, by (A) executive order of the Governor 7 |
---|
| 34 | + | issued pursuant to section 28-9 of the general statutes, or (B) declaratory 8 |
---|
| 35 | + | ruling, instruction, opinion or order of the Secretary issued pursuant to 9 |
---|
| 36 | + | section 9-3 of the general statutes, as amended by this act, for any 10 |
---|
| 37 | + | election or primary held in 2020 or 2021, and (2) explaining and detailing 11 |
---|
| 38 | + | each such modification or suspension. 12 |
---|
| 39 | + | Sec. 2. Section 9-3 of the general statutes is repealed and the following 13 |
---|
| 40 | + | is substituted in lieu thereof (Effective October 1, 2021): 14 |
---|
| 41 | + | (a) The Secretary of the State, by virtue of the office, shall be the 15 |
---|
| 42 | + | LCO No. 4990 2 of 13 |
---|
| 44 | + | Commissioner of Elections of the state, with such powers and duties 16 |
---|
| 45 | + | relating to the conduct of elections as are prescribed by law and, unless 17 |
---|
| 46 | + | otherwise provided by state statute, the Secretary's regulations, 18 |
---|
| 47 | + | declaratory rulings, instructions and opinions, if in written form, and 19 |
---|
| 48 | + | any order issued under subsection (b) of this section, shall be presumed 20 |
---|
| 49 | + | as correctly interpreting and effectuating the administration of elections 21 |
---|
| 50 | + | and primaries under this title, except for chapters 155 to 158, inclusive, 22 |
---|
| 51 | + | and shall be executed, carried out or implemented, as the case may be, 23 |
---|
| 52 | + | provided nothing in this section shall be construed to alter the right of 24 |
---|
| 53 | + | appeal provided under the provisions of chapter 54. Any such written 25 |
---|
| 54 | + | instruction or opinion shall be labeled as an instruction or opinion 26 |
---|
| 55 | + | issued pursuant to this section, as applicable, and any such instruction 27 |
---|
| 56 | + | or opinion shall cite any authority that is discussed in such instruction 28 |
---|
| 57 | + | or opinion. 29 |
---|
| 58 | + | (b) During any municipal, state or federal election, primary or 30 |
---|
| 59 | + | recanvass, or any audit conducted pursuant to section 9-320f, the 31 |
---|
| 60 | + | Secretary of the State may issue an order, whether orally or in writing, 32 |
---|
| 61 | + | to any registrar of voters or moderator to correct any irregularity or 33 |
---|
| 62 | + | impropriety in the conduct of such election, primary or recanvass or 34 |
---|
| 63 | + | audit. Any such order shall be effective upon issuance. As soon as 35 |
---|
| 64 | + | practicable after issuance of an oral order pursuant to this subsection, 36 |
---|
| 65 | + | the Secretary shall reduce such order to writing, cite within such order 37 |
---|
| 66 | + | any applicable provision of law authorizing such order and cause a copy 38 |
---|
| 67 | + | of such written order to be delivered to the individual who is the subject 39 |
---|
| 68 | + | of such order or, in the case that such order was originally issued in 40 |
---|
| 69 | + | writing, issue a subsequent written order that conforms to such 41 |
---|
| 70 | + | requirements. The Superior Court, on application of the Secretary or the 42 |
---|
| 71 | + | Attorney General, may enforce by appropriate decree or process any 43 |
---|
| 72 | + | such order issued pursuant to this subsection. 44 |
---|
| 73 | + | (c) Prior to issuing any declaratory ruling pursuant to section 4-176, 45 |
---|
| 74 | + | as amended by this act, or any instruction, opinion or order under the 46 |
---|
| 75 | + | provisions of this section, the Secretary of the State shall adopt such 47 |
---|
| 76 | + | declaratory ruling, instruction, opinion or order as a regulation, in 48 |
---|
| 77 | + | accordance with the provisions of chapter 54. The Secretary shall 49 |
---|
| 78 | + | LCO No. 4990 3 of 13 |
---|
36 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06325- |
---|
37 | | - | R02-HB.docx } |
---|
38 | | - | 2 of 6 |
---|
| 80 | + | publish on the eRegulations System a notice of intent to adopt (1) such 50 |
---|
| 81 | + | declaratory ruling as a regulation not later than sixty days after receipt 51 |
---|
| 82 | + | of a petition for a declaratory ruling, and (2) such instruction, opinion 52 |
---|
| 83 | + | or order as a regulation immediately upon proposing to so issue any 53 |
---|
| 84 | + | such instruction, opinion or order. Such declaratory ruling, instruction, 54 |
---|
| 85 | + | opinion or order shall be effective when the regulation is posted on the 55 |
---|
| 86 | + | eRegulations System by the Secretary of the State under section 4-172. 56 |
---|
| 87 | + | Sec. 3. Subdivision (16) of section 4-166 of the general statutes is 57 |
---|
| 88 | + | repealed and the following is substituted in lieu thereof (Effective October 58 |
---|
| 89 | + | 1, 2021): 59 |
---|
| 90 | + | (16) "Regulation" means each agency statement of general 60 |
---|
| 91 | + | applicability, without regard to its designation, that implements, 61 |
---|
| 92 | + | interprets, or prescribes law or policy, or describes the organization, 62 |
---|
| 93 | + | procedure, or practice requirements of any agency. The term includes 63 |
---|
| 94 | + | the amendment or repeal of a prior regulation, but does not include (A) 64 |
---|
| 95 | + | statements concerning only the internal management of any agency and 65 |
---|
| 96 | + | not affecting private rights or procedures available to the public, (B) 66 |
---|
| 97 | + | declaratory rulings issued pursuant to section 4-176, as amended by this 67 |
---|
| 98 | + | act, other than declaratory rulings described in section 9-3, as amended 68 |
---|
| 99 | + | by this act, or (C) intra-agency or interagency memoranda; 69 |
---|
| 100 | + | Sec. 4. Section 4-176 of the general statutes is repealed and the 70 |
---|
| 101 | + | following is substituted in lieu thereof (Effective October 1, 2021): 71 |
---|
| 102 | + | (a) Any person may petition an agency, or an agency may on its own 72 |
---|
| 103 | + | motion initiate a proceeding, for a declaratory ruling as to the validity 73 |
---|
| 104 | + | of any regulation, or the applicability to specified circumstances of a 74 |
---|
| 105 | + | provision of the general statutes, a regulation, or a final decision on a 75 |
---|
| 106 | + | matter within the jurisdiction of the agency. 76 |
---|
| 107 | + | (b) Each agency shall adopt regulations, in accordance with the 77 |
---|
| 108 | + | provisions of this chapter, that provide for (1) the form and content of 78 |
---|
| 109 | + | petitions for declaratory rulings, (2) the filing procedure for such 79 |
---|
| 110 | + | petitions and (3) the procedural rights of persons with respect to the 80 |
---|
| 111 | + | petitions. 81 |
---|
| 112 | + | LCO No. 4990 4 of 13 |
---|
40 | | - | (6) One appointed by the Senate chairperson of the joint standing 16 |
---|
41 | | - | committee of the General Assembly having cognizance of matters 17 |
---|
42 | | - | relating to elections; 18 |
---|
43 | | - | (7) One appointed by the House of Representatives ranking member 19 |
---|
44 | | - | of the joint standing committee of the General Assembly having 20 |
---|
45 | | - | cognizance of matters relating to elections; 21 |
---|
46 | | - | (8) One appointed by the Senate ranking member of the joint standing 22 |
---|
47 | | - | committee of the General Assembly having cognizance of matters 23 |
---|
48 | | - | relating to elections; 24 |
---|
49 | | - | (9) The Secretary of the State, or the Secretary's designee; 25 |
---|
50 | | - | (10) Two appointed by the president of the Registrars of Voters 26 |
---|
51 | | - | Association of Connecticut, each of whom shall be enrolled in a different 27 |
---|
52 | | - | political party from the other; and 28 |
---|
53 | | - | (11) One appointed by the president of the Connecticut Town Clerks 29 |
---|
54 | | - | Association. 30 |
---|
55 | | - | (c) Any member of the task force appointed under subdivision (1), 31 |
---|
56 | | - | (2), (3), (4), (5), (6), (7) or (8) of subsection (b) of this section may be a 32 |
---|
57 | | - | member of the General Assembly. 33 |
---|
58 | | - | (d) All initial appointments to the task force shall be made not later 34 |
---|
59 | | - | than thirty days after the effective date of this section. Any vacancy shall 35 |
---|
60 | | - | be filled by the appointing authority. 36 |
---|
61 | | - | (e) The speaker of the House of Representatives and the president pro 37 |
---|
62 | | - | tempore of the Senate shall select the chairpersons of the task force from 38 |
---|
63 | | - | among the members of the task force. Such chairpersons shall schedule 39 |
---|
64 | | - | the first meeting of the task force, which shall be held not later than sixty 40 |
---|
65 | | - | days after the effective date of this section. 41 |
---|
66 | | - | (f) The administrative staff of the joint standing committee of the 42 |
---|
67 | | - | General Assembly having cognizance of matters relating to elections 43 Substitute Bill No. 6325 |
---|
| 114 | + | (c) Within thirty days after receipt of a petition for a declaratory 82 |
---|
| 115 | + | ruling, an agency shall give notice of the petition to all persons to whom 83 |
---|
| 116 | + | notice is required by any provision of law and to all persons who have 84 |
---|
| 117 | + | requested notice of declaratory ruling petitions on the subject matter of 85 |
---|
| 118 | + | the petition. 86 |
---|
| 119 | + | (d) If the agency finds that a timely petition to become a party or to 87 |
---|
| 120 | + | intervene has been filed according to the regulations adopted under 88 |
---|
| 121 | + | subsection (b) of this section, the agency: (1) May grant a person status 89 |
---|
| 122 | + | as a party if the agency finds that the petition states facts demonstrating 90 |
---|
| 123 | + | that the petitioner's legal rights, duties or privileges shall be specifically 91 |
---|
| 124 | + | affected by the agency proceeding; and (2) may grant a person status as 92 |
---|
| 125 | + | an intervenor if the agency finds that the petition states facts 93 |
---|
| 126 | + | demonstrating that the petitioner's participation is in the interests of 94 |
---|
| 127 | + | justice and will not impair the orderly conduct of the proceedings. The 95 |
---|
| 128 | + | agency may define an intervenor's participation in the manner set forth 96 |
---|
| 129 | + | in subsection (d) of section 4-177a. 97 |
---|
| 130 | + | (e) Within sixty days after receipt of a petition for a declaratory 98 |
---|
| 131 | + | ruling, an agency in writing shall: (1) Issue a ruling declaring the 99 |
---|
| 132 | + | validity of a regulation or the applicability of the provision of the 100 |
---|
| 133 | + | general statutes, the regulation, or the final decision in question to the 101 |
---|
| 134 | + | specified circumstances, (2) order the matter set for specified 102 |
---|
| 135 | + | proceedings, (3) agree to issue a declaratory ruling by a specified date, 103 |
---|
| 136 | + | (4) decide not to issue a declaratory ruling and initiate regulation-104 |
---|
| 137 | + | making proceedings, under section 4-168, on the subject, [or] (5) decide 105 |
---|
| 138 | + | not to issue a declaratory ruling, stating the reasons for its action, or (6) 106 |
---|
| 139 | + | in the case of a declaratory ruling described in section 9-3, as amended 107 |
---|
| 140 | + | by this act, publish notice of intent to adopt regulations concerning such 108 |
---|
| 141 | + | declaratory ruling. 109 |
---|
| 142 | + | (f) A copy of all rulings issued and any actions taken under 110 |
---|
| 143 | + | subsection (e) of this section shall be promptly delivered to the 111 |
---|
| 144 | + | petitioner and other parties personally or by United States mail, certified 112 |
---|
| 145 | + | or registered, postage prepaid, return receipt requested. 113 |
---|
| 146 | + | (g) If the agency conducts a hearing in a proceeding for a declaratory 114 |
---|
| 147 | + | LCO No. 4990 5 of 13 |
---|
| 149 | + | ruling, the provisions of subsection (b) of section 4-177c, section 4-178 115 |
---|
| 150 | + | and section 4-179 shall apply to the hearing. 116 |
---|
| 151 | + | (h) [A] Except as provided in subsection (c) of section 9-3, as amended 117 |
---|
| 152 | + | by this act, a declaratory ruling shall be effective when personally 118 |
---|
| 153 | + | delivered or mailed or on such later date specified by the agency in the 119 |
---|
| 154 | + | ruling, shall have the same status and binding effect as an order issued 120 |
---|
| 155 | + | in a contested case and shall be a final decision for purposes of appeal 121 |
---|
| 156 | + | in accordance with the provisions of section 4-183. A declaratory ruling 122 |
---|
| 157 | + | shall contain the names of all parties to the proceeding, the particular 123 |
---|
| 158 | + | facts on which it is based and the reasons for its conclusion. 124 |
---|
| 159 | + | (i) If an agency does not issue a declaratory ruling, other than a 125 |
---|
| 160 | + | declaratory ruling described in section 9-3, as amended by this act, 126 |
---|
| 161 | + | within one hundred eighty days after the filing of a petition therefor, or 127 |
---|
| 162 | + | within such longer period as may be agreed by the parties, the agency 128 |
---|
| 163 | + | shall be deemed to have decided not to issue such ruling. 129 |
---|
| 164 | + | (j) The agency shall keep a record of the proceeding as provided in 130 |
---|
| 165 | + | section 4-177. 131 |
---|
| 166 | + | Sec. 5. Subsection (l) of section 9-140 of the general statutes is repealed 132 |
---|
| 167 | + | and the following is substituted in lieu thereof (Effective October 1, 2021): 133 |
---|
| 168 | + | (l) (1) No candidate, party or political committee, or agent of such 134 |
---|
| 169 | + | candidate or committee shall mail unsolicited applications for absentee 135 |
---|
| 170 | + | ballots to any person, unless such mailing includes: [(1)] (A) A written 136 |
---|
| 171 | + | explanation of the eligibility requirements for voting by absentee ballot 137 |
---|
| 172 | + | as prescribed in subsection (a) of section 9-135, and [(2)] (B) a written 138 |
---|
| 173 | + | warning that voting or attempting to vote by absentee ballot without 139 |
---|
| 174 | + | meeting one or more of such eligibility requirements subjects the elector 140 |
---|
| 175 | + | or applicant to potential civil and criminal penalties. As used in this 141 |
---|
| 176 | + | [subsection] subdivision, "agent" means any person authorized to act on 142 |
---|
| 177 | + | behalf of another person. 143 |
---|
| 178 | + | (2) Notwithstanding the provisions of subdivision (1) of this 144 |
---|
| 179 | + | subsection, neither the Secretary of the State nor any registrar of voters, 145 |
---|
| 180 | + | LCO No. 4990 6 of 13 |
---|
70 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06325- |
---|
71 | | - | R02-HB.docx } |
---|
72 | | - | 3 of 6 |
---|
| 182 | + | town clerk or any individual appointed thereby shall mail unsolicited 146 |
---|
| 183 | + | applications for absentee ballots to any person. 147 |
---|
| 184 | + | Sec. 6. (NEW) (Effective from passage) Notwithstanding the provisions 148 |
---|
| 185 | + | of subsection (c) of section 9-147a and sections 9-150a and 9-150e of the 149 |
---|
| 186 | + | general statutes, whenever at any election the General Assembly 150 |
---|
| 187 | + | authorizes absentee ballots to be processed before the day of such 151 |
---|
| 188 | + | election, (1) the registrars of voters of each municipality shall appoint 152 |
---|
| 189 | + | absentee ballot counters for such purpose and such absentee ballot 153 |
---|
| 190 | + | counters shall so process absentee ballots before the day of such election 154 |
---|
| 191 | + | in accordance with applicable provisions of law, and (2) in the case of 155 |
---|
| 192 | + | any returned absentee ballot for which the statement on the inner 156 |
---|
| 193 | + | envelope has not been signed as required by section 9-140a of the 157 |
---|
| 194 | + | general statutes, (A) the registrars of voters shall not contact the 158 |
---|
| 195 | + | absentee ballot applicant who returned such absentee ballot for the 159 |
---|
| 196 | + | purpose of curing such lack of signature, and (B) the absentee ballot 160 |
---|
| 197 | + | counters shall not open such inner envelope or remove the ballot 161 |
---|
| 198 | + | therefrom, shall replace such inner envelope in the opened outer 162 |
---|
| 199 | + | envelope and shall mark such outer envelope "Rejected" and endorse 163 |
---|
| 200 | + | the reason for such rejection on such outer envelope. 164 |
---|
| 201 | + | Sec. 7. (Effective October 1, 2021) (a) Notwithstanding the provisions 165 |
---|
| 202 | + | of section 7-192a of the general statutes, the Secretary of the State shall 166 |
---|
| 203 | + | establish a pilot program for the manual or electronic verification of 167 |
---|
| 204 | + | signatures on the inner envelopes for returned absentee ballots at the 168 |
---|
| 205 | + | 2022 state election. The Secretary shall randomly select five 169 |
---|
| 206 | + | municipalities for participation in such pilot program, in accordance 170 |
---|
| 207 | + | with the following: (1) One municipality with a population of less than 171 |
---|
| 208 | + | ten thousand; (2) one municipality with a population of ten thousand or 172 |
---|
| 209 | + | greater, but less than twenty-five thousand; (3) one municipality with a 173 |
---|
| 210 | + | population of twenty-five thousand or greater, but less than fifty 174 |
---|
| 211 | + | thousand; (4) one municipality with a population of fifty thousand or 175 |
---|
| 212 | + | greater, but less than one hundred thousand; and (5) one municipality 176 |
---|
| 213 | + | with a population of one hundred thousand or greater. For the purposes 177 |
---|
| 214 | + | of this section, "population" means the estimated number of people 178 |
---|
| 215 | + | according to the most recent version of the State Register and Manual 179 |
---|
| 216 | + | LCO No. 4990 7 of 13 |
---|
74 | | - | shall serve as administrative staff of the task force. 44 |
---|
75 | | - | (g) Not later than January 1, 2022, the task force shall submit a report 45 |
---|
76 | | - | on its findings and recommendations to the joint standing committee of 46 |
---|
77 | | - | the General Assembly having cognizance of matters relating to 47 |
---|
78 | | - | elections, in accordance with the provisions of section 11-4a of the 48 |
---|
79 | | - | general statutes. The task force shall terminate on the date that it 49 |
---|
80 | | - | submits such report or January 1, 2022, whichever is later. 50 |
---|
81 | | - | Sec. 2. (Effective from passage) (a) There is established a working group 51 |
---|
82 | | - | to (1) examine employing risk-limiting audits to determine the accuracy 52 |
---|
83 | | - | of election results, including (A) the feasibility of implementing such 53 |
---|
84 | | - | audits, (B) the different methods used in such audits and the practical 54 |
---|
85 | | - | considerations for implementation of each such method within the 55 |
---|
86 | | - | existing statutory framework, (C) any potential equipment necessary to 56 |
---|
87 | | - | implement one or more of such methods, (D) the procedures necessary 57 |
---|
88 | | - | to implement one or more of such methods, and (E) any changes to such 58 |
---|
89 | | - | statutory framework necessary to implement one or more of such 59 |
---|
90 | | - | methods, and (2) within available appropriations, oversee a pilot 60 |
---|
91 | | - | program in not less than five and not more than ten municipalities of 61 |
---|
92 | | - | one or more of such methods for the municipal elections held in such 62 |
---|
93 | | - | municipalities in 2021. 63 |
---|
94 | | - | (b) The working group shall consist of the following members: 64 |
---|
95 | | - | (1) The Secretary of the State, or the Secretary's designee, who shall 65 |
---|
96 | | - | be the chairperson of such working group; 66 |
---|
97 | | - | (2) One appointed by the speaker of the House of Representatives; 67 |
---|
98 | | - | (3) One appointed by the president pro tempore of the Senate; 68 |
---|
99 | | - | (4) One appointed by the minority leader of the House of 69 |
---|
100 | | - | Representatives; 70 |
---|
101 | | - | (5) One appointed by the minority leader of the Senate; 71 Substitute Bill No. 6325 |
---|
| 218 | + | prepared pursuant to section 3-90 of the general statutes. 180 |
---|
| 219 | + | (b) Not later than January 1, 2023, the Secretary of the State shall 181 |
---|
| 220 | + | submit a report on the findings of the pilot program described in 182 |
---|
| 221 | + | subsection (a) of this section and recommendations for legislation to the 183 |
---|
| 222 | + | joint standing committee of the General Assembly having cognizance of 184 |
---|
| 223 | + | matters relating to elections, in accordance with the provisions of section 185 |
---|
| 224 | + | 11-4a of the general statutes. 186 |
---|
| 225 | + | Sec. 8. Subsection (b) of section 9-139a of the general statutes is 187 |
---|
| 226 | + | repealed and the following is substituted in lieu thereof (Effective from 188 |
---|
| 227 | + | passage): 189 |
---|
| 228 | + | (b) The application for absentee ballot shall be in the form of a 190 |
---|
| 229 | + | statement signed under the penalties of false statement in absentee 191 |
---|
| 230 | + | balloting. Each application shall contain (1) spaces for the signature 192 |
---|
| 231 | + | under the penalties of false statement in absentee balloting of any person 193 |
---|
| 232 | + | who assists the applicant in the completion of an application, together 194 |
---|
| 233 | + | with the information required in section 9-140, as amended by this act, 195 |
---|
| 234 | + | [and] (2) spaces for the signature and the printed or typed name of the 196 |
---|
| 235 | + | applicant, and (3) a conspicuously placed statement of the penalties for 197 |
---|
| 236 | + | violation of any provision of said section regarding possession, 198 |
---|
| 237 | + | completion or return of an application. 199 |
---|
| 238 | + | Sec. 9. (Effective from passage) (a) There is established a task force to 200 |
---|
| 239 | + | study the feasibility of implementing procedures whereby an absentee 201 |
---|
| 240 | + | ballot applicant uses a single envelope, instead of two, for the return of 202 |
---|
| 241 | + | such applicant's absentee ballot. Such study shall include an 203 |
---|
| 242 | + | examination and identification of each section of the general statutes 204 |
---|
| 243 | + | that would require amending in order to implement such procedures. 205 |
---|
| 244 | + | (b) The task force shall consist of the following members: 206 |
---|
| 245 | + | (1) One appointed by the speaker of the House of Representatives; 207 |
---|
| 246 | + | (2) One appointed by the president pro tempore of the Senate; 208 |
---|
| 247 | + | (3) One appointed by the minority leader of the House of 209 |
---|
| 248 | + | LCO No. 4990 8 of 13 |
---|
| 250 | + | Representatives; 210 |
---|
| 251 | + | (4) One appointed by the minority leader of the Senate; 211 |
---|
| 252 | + | (5) One appointed by the House of Representatives chairperson of the 212 |
---|
| 253 | + | joint standing committee of the General Assembly having cognizance of 213 |
---|
| 254 | + | matters relating to elections; 214 |
---|
| 255 | + | (6) One appointed by the Senate chairperson of the joint standing 215 |
---|
| 256 | + | committee of the General Assembly having cognizance of matters 216 |
---|
| 257 | + | relating to elections; 217 |
---|
| 258 | + | (7) One appointed by the House of Representatives ranking member 218 |
---|
| 259 | + | of the joint standing committee of the General Assembly having 219 |
---|
| 260 | + | cognizance of matters relating to elections; 220 |
---|
| 261 | + | (8) One appointed by the Senate ranking member of the joint standing 221 |
---|
| 262 | + | committee of the General Assembly having cognizance of matters 222 |
---|
| 263 | + | relating to elections; 223 |
---|
| 264 | + | (9) The Secretary of the State, or the Secretary's designee; 224 |
---|
| 265 | + | (10) Two appointed by the president of the Registrars of Voters 225 |
---|
| 266 | + | Association of Connecticut, each of whom shall be enrolled in a different 226 |
---|
| 267 | + | political party from the other; and 227 |
---|
| 268 | + | (11) One appointed by the president of the Connecticut Town Clerks 228 |
---|
| 269 | + | Association. 229 |
---|
| 270 | + | (c) Any member of the task force appointed under subdivision (1), 230 |
---|
| 271 | + | (2), (3), (4), (5), (6), (7) or (8) of subsection (b) of this section may be a 231 |
---|
| 272 | + | member of the General Assembly. 232 |
---|
| 273 | + | (d) All initial appointments to the task force shall be made not later 233 |
---|
| 274 | + | than thirty days after the effective date of this section. Any vacancy shall 234 |
---|
| 275 | + | be filled by the appointing authority. 235 |
---|
| 276 | + | (e) The speaker of the House of Representatives and the president pro 236 |
---|
| 277 | + | tempore of the Senate shall select the chairpersons of the task force from 237 |
---|
| 278 | + | LCO No. 4990 9 of 13 |
---|
104 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06325- |
---|
105 | | - | R02-HB.docx } |
---|
106 | | - | 4 of 6 |
---|
| 280 | + | among the members of the task force. Such chairpersons shall schedule 238 |
---|
| 281 | + | the first meeting of the task force, which shall be held not later than sixty 239 |
---|
| 282 | + | days after the effective date of this section. 240 |
---|
| 283 | + | (f) The administrative staff of the joint standing committee of the 241 |
---|
| 284 | + | General Assembly having cognizance of matters relating to elections 242 |
---|
| 285 | + | shall serve as administrative staff of the task force. 243 |
---|
| 286 | + | (g) Not later than January 1, 2022, the task force shall submit a report 244 |
---|
| 287 | + | on its findings and recommendations to the joint standing committee of 245 |
---|
| 288 | + | the General Assembly having cognizance of matters relating to 246 |
---|
| 289 | + | elections, in accordance with the provisions of section 11-4a of the 247 |
---|
| 290 | + | general statutes. The task force shall terminate on the date that it 248 |
---|
| 291 | + | submits such report or January 1, 2022, whichever is later. 249 |
---|
| 292 | + | Sec. 10. (Effective from passage) (a) There is established a working 250 |
---|
| 293 | + | group to (1) examine employing risk-limiting audits to determine the 251 |
---|
| 294 | + | accuracy of election results, including (A) the feasibility of 252 |
---|
| 295 | + | implementing such audits, (B) the different methods used in such audits 253 |
---|
| 296 | + | and the practical considerations for implementation of each such 254 |
---|
| 297 | + | method within the existing statutory framework, (C) any potential 255 |
---|
| 298 | + | equipment necessary to implement one or more of such methods, (D) 256 |
---|
| 299 | + | the procedures necessary to implement one or more of such methods, 257 |
---|
| 300 | + | and (E) any changes to such statutory framework necessary to 258 |
---|
| 301 | + | implement one or more of such methods, and (2) within available 259 |
---|
| 302 | + | appropriations, oversee a pilot program in not less than five and not 260 |
---|
| 303 | + | more than ten municipalities of one or more of such methods for the 261 |
---|
| 304 | + | municipal elections held in such municipalities in 2021. 262 |
---|
| 305 | + | (b) The working group shall consist of the following members: 263 |
---|
| 306 | + | (1) The Secretary of the State, or the Secretary's designee, who shall 264 |
---|
| 307 | + | be the chairperson of such working group; 265 |
---|
| 308 | + | (2) One appointed by the speaker of the House of Representatives; 266 |
---|
| 309 | + | (3) One appointed by the president pro tempore of the Senate; 267 |
---|
| 310 | + | LCO No. 4990 10 of 13 |
---|
108 | | - | (6) Two appointed by the chairpersons and ranking members of the 72 |
---|
109 | | - | joint standing committee of the General Assembly having cognizance of 73 |
---|
110 | | - | matters relating to elections, each of whom shall be enrolled in a 74 |
---|
111 | | - | different political party from the other; 75 |
---|
112 | | - | (7) Two appointed by the Secretary of the State, one of whom shall be 76 |
---|
113 | | - | admitted to the practice of law in this state and have expertise in the 77 |
---|
114 | | - | election laws of this state, and the other of whom shall be a statistician; 78 |
---|
115 | | - | (8) Two appointed by the president of the Registrars of Voters 79 |
---|
116 | | - | Association of Connecticut, each of whom shall be enrolled in a different 80 |
---|
117 | | - | political party from the other; and 81 |
---|
118 | | - | (9) The director of the Center for Voting Technology Research at The 82 |
---|
119 | | - | University of Connecticut, or the director's designee. 83 |
---|
120 | | - | (c) Any member of the working group appointed under subdivision 84 |
---|
121 | | - | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 85 |
---|
122 | | - | of the General Assembly. 86 |
---|
123 | | - | (d) All initial appointments to the working group shall be made not 87 |
---|
124 | | - | later than thirty days after the effective date of this section. Any vacancy 88 |
---|
125 | | - | shall be filled by the appointing authority. 89 |
---|
126 | | - | (e) The Secretary of the State, or the Secretary's designee, as 90 |
---|
127 | | - | chairperson of the working group, shall schedule the first meeting of 91 |
---|
128 | | - | such working group, which shall be held not later than sixty days after 92 |
---|
129 | | - | the effective date of this section. 93 |
---|
130 | | - | (f) The administrative staff of the joint standing committee of the 94 |
---|
131 | | - | General Assembly having cognizance of matters relating to elections 95 |
---|
132 | | - | shall serve as administrative staff of the working group. 96 |
---|
133 | | - | (g) Not later than January 31, 2022, the working group shall submit a 97 |
---|
134 | | - | report on its findings and recommendations to the joint standing 98 |
---|
135 | | - | committee of the General Assembly having cognizance of matters 99 |
---|
136 | | - | relating to elections, in accordance with the provisions of section 11-4a 100 Substitute Bill No. 6325 |
---|
| 312 | + | (4) One appointed by the minority leader of the House of 268 |
---|
| 313 | + | Representatives; 269 |
---|
| 314 | + | (5) One appointed by the minority leader of the Senate; 270 |
---|
| 315 | + | (6) Two appointed by the chairpersons and ranking members of the 271 |
---|
| 316 | + | joint standing committee of the General Assembly having cognizance of 272 |
---|
| 317 | + | matters relating to elections, each of whom shall be enrolled in a 273 |
---|
| 318 | + | different political party from the other; 274 |
---|
| 319 | + | (7) Two appointed by the Secretary of the State, one of whom shall be 275 |
---|
| 320 | + | admitted to the practice of law in this state and have expertise in the 276 |
---|
| 321 | + | election laws of this state, and the other of whom shall be a statistician; 277 |
---|
| 322 | + | (8) Two appointed by the president of the Registrars of Voters 278 |
---|
| 323 | + | Association of Connecticut, each of whom shall be enrolled in a different 279 |
---|
| 324 | + | political party from the other; and 280 |
---|
| 325 | + | (9) The director of the Center for Voting Technology Research at The 281 |
---|
| 326 | + | University of Connecticut, or the director's designee. 282 |
---|
| 327 | + | (c) Any member of the working group appointed under subdivision 283 |
---|
| 328 | + | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 284 |
---|
| 329 | + | of the General Assembly. 285 |
---|
| 330 | + | (d) All initial appointments to the working group shall be made not 286 |
---|
| 331 | + | later than thirty days after the effective date of this section. Any vacancy 287 |
---|
| 332 | + | shall be filled by the appointing authority. 288 |
---|
| 333 | + | (e) The Secretary of the State, or the Secretary's designee, as 289 |
---|
| 334 | + | chairperson of the working group, shall schedule the first meeting of 290 |
---|
| 335 | + | such working group, which shall be held not later than sixty days after 291 |
---|
| 336 | + | the effective date of this section. 292 |
---|
| 337 | + | (f) The administrative staff of the joint standing committee of the 293 |
---|
| 338 | + | General Assembly having cognizance of matters relating to elections 294 |
---|
| 339 | + | shall serve as administrative staff of the working group. 295 |
---|
| 340 | + | (g) Not later than January 31, 2022, the working group shall submit a 296 |
---|
| 341 | + | LCO No. 4990 11 of 13 |
---|
| 343 | + | report on its findings and recommendations to the joint standing 297 |
---|
| 344 | + | committee of the General Assembly having cognizance of matters 298 |
---|
| 345 | + | relating to elections, in accordance with the provisions of section 11-4a 299 |
---|
| 346 | + | of the general statutes, and to the Secretary of the State. The working 300 |
---|
| 347 | + | group shall terminate on the date that it submits such report or January 301 |
---|
| 348 | + | 31, 2022, whichever is later. 302 |
---|
| 349 | + | Sec. 11. Section 9-374 of the general statutes is repealed and the 303 |
---|
| 350 | + | following is substituted in lieu thereof (Effective from passage): 304 |
---|
| 351 | + | No authority of the state or any political subdivision thereof having 305 |
---|
| 352 | + | jurisdiction over the conduct of any primary shall permit the name of a 306 |
---|
| 353 | + | party-endorsed candidate for an office or position to be printed on the 307 |
---|
| 354 | + | official ballot to be used at any such primary unless a copy of the party 308 |
---|
| 355 | + | rules regulating such party and its method of selecting party-endorsed 309 |
---|
| 356 | + | candidates for nomination to such office or for election as town 310 |
---|
| 357 | + | committee members, as the case may be, has been filed in the office of 311 |
---|
| 358 | + | the Secretary of the State at least sixty days before such candidate is 312 |
---|
| 359 | + | selected under such method of endorsement. The selection of delegates 313 |
---|
| 360 | + | to conventions shall not be valid unless at least one copy of the party 314 |
---|
| 361 | + | rules regulating the manner of making such selection has been filed in 315 |
---|
| 362 | + | the office of the Secretary of the State at least sixty days before such 316 |
---|
| 363 | + | selection is made. A duplicate copy of such rules shall also be filed with 317 |
---|
| 364 | + | the state central committee of such party. A copy of the local party rules, 318 |
---|
| 365 | + | relating to a party in a municipality, shall be filed forthwith by the town 319 |
---|
| 366 | + | chairman or the secretary of the town committee of such party in such 320 |
---|
| 367 | + | municipality with the Secretary of the State. The state party rules shall 321 |
---|
| 368 | + | be filed by the state chairman or the secretary of the state central 322 |
---|
| 369 | + | committee of such party. In the case of a minor party, no authority of 323 |
---|
| 370 | + | the state or any subdivision thereof having jurisdiction over the conduct 324 |
---|
| 371 | + | of any election shall permit the name of a candidate of such party for 325 |
---|
| 372 | + | any office to be printed on the official ballot unless at least one copy of 326 |
---|
| 373 | + | the party rules regulating the manner of nominating a candidate for 327 |
---|
| 374 | + | such office has been filed in the office of the Secretary of the State at least 328 |
---|
| 375 | + | [sixty] one hundred eighty days before the nomination of such 329 |
---|
| 376 | + | candidate. In the case of a minor party, the selection of town committee 330 |
---|
| 377 | + | LCO No. 4990 12 of 13 |
---|
139 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06325- |
---|
140 | | - | R02-HB.docx } |
---|
141 | | - | 5 of 6 |
---|
142 | | - | |
---|
143 | | - | of the general statutes, and to the Secretary of the State. The working 101 |
---|
144 | | - | group shall terminate on the date that it submits such report or January 102 |
---|
145 | | - | 31, 2022, whichever is later. 103 |
---|
146 | | - | Sec. 3. Section 9-374 of the general statutes is repealed and the 104 |
---|
147 | | - | following is substituted in lieu thereof (Effective from passage): 105 |
---|
148 | | - | No authority of the state or any political subdivision thereof having 106 |
---|
149 | | - | jurisdiction over the conduct of any primary shall permit the name of a 107 |
---|
150 | | - | party-endorsed candidate for an office or position to be printed on the 108 |
---|
151 | | - | official ballot to be used at any such primary unless a copy of the party 109 |
---|
152 | | - | rules regulating such party and its method of selecting party-endorsed 110 |
---|
153 | | - | candidates for nomination to such office or for election as town 111 |
---|
154 | | - | committee members, as the case may be, has been filed in the office of 112 |
---|
155 | | - | the Secretary of the State at least sixty days before such candidate is 113 |
---|
156 | | - | selected under such method of endorsement. The selection of delegates 114 |
---|
157 | | - | to conventions shall not be valid unless at least one copy of the party 115 |
---|
158 | | - | rules regulating the manner of making such selection has been filed in 116 |
---|
159 | | - | the office of the Secretary of the State at least sixty days before such 117 |
---|
160 | | - | selection is made. A duplicate copy of such rules shall also be filed with 118 |
---|
161 | | - | the state central committee of such party. A copy of the local party rules, 119 |
---|
162 | | - | relating to a party in a municipality, shall be filed forthwith by the town 120 |
---|
163 | | - | chairman or the secretary of the town committee of such party in such 121 |
---|
164 | | - | municipality with the Secretary of the State. The state party rules shall 122 |
---|
165 | | - | be filed by the state chairman or the secretary of the state central 123 |
---|
166 | | - | committee of such party. In the case of a minor party, no authority of 124 |
---|
167 | | - | the state or any subdivision thereof having jurisdiction over the conduct 125 |
---|
168 | | - | of any election shall permit the name of a candidate of such party for 126 |
---|
169 | | - | any office to be printed on the official ballot unless at least one copy of 127 |
---|
170 | | - | the party rules regulating the manner of nominating a candidate for 128 |
---|
171 | | - | such office has been filed in the office of the Secretary of the State at least 129 |
---|
172 | | - | [sixty] one hundred eighty days before the nomination of such 130 |
---|
173 | | - | candidate. In the case of a minor party, the selection of town committee 131 |
---|
174 | | - | members and delegates to conventions shall not be valid unless at least 132 |
---|
175 | | - | one copy of the party rules regulating the manner of making such 133 Substitute Bill No. 6325 |
---|
176 | | - | |
---|
177 | | - | |
---|
178 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06325- |
---|
179 | | - | R02-HB.docx } |
---|
180 | | - | 6 of 6 |
---|
181 | | - | |
---|
182 | | - | selection has been filed in the office of the Secretary of the State at least 134 |
---|
183 | | - | sixty days before such selection is made. A copy of local party rules shall 135 |
---|
184 | | - | forthwith be also filed with the town clerk of the municipality to which 136 |
---|
185 | | - | they relate. Party rules shall not be effective until sixty days after the 137 |
---|
186 | | - | filing of the same with the Secretary of the State. A party in any 138 |
---|
187 | | - | municipality for which local party rules with respect to any office or 139 |
---|
188 | | - | position have not been filed as provided in this section shall, as to such 140 |
---|
189 | | - | office or position, be subject to the provisions of the effective state rules 141 |
---|
190 | | - | of such party applicable in municipalities which do not have local party 142 |
---|
191 | | - | rules, until such time as local party rules therefor are filed and become 143 |
---|
192 | | - | effective as provided in this section. The town chairman of a party in 144 |
---|
193 | | - | any municipality for which local party rules have not been adopted and 145 |
---|
194 | | - | filed as provided in this section shall forthwith file a statement with the 146 |
---|
195 | | - | Secretary of the State to the effect that such party in such municipality 147 |
---|
196 | | - | does not have local party rules. The term "party rules" as used in this 148 |
---|
197 | | - | section includes any amendment to such party rules. When any 149 |
---|
198 | | - | amendment is to be filed as required by this section, complete party 150 |
---|
199 | | - | rules incorporating such amendment shall be filed, together with a 151 |
---|
200 | | - | separate copy of such amendment. 152 |
---|
| 379 | + | members and delegates to conventions shall not be valid unless at least 331 |
---|
| 380 | + | one copy of the party rules regulating the manner of making such 332 |
---|
| 381 | + | selection has been filed in the office of the Secretary of the State at least 333 |
---|
| 382 | + | sixty days before such selection is made. A copy of local party rules shall 334 |
---|
| 383 | + | forthwith be also filed with the town clerk of the municipality to which 335 |
---|
| 384 | + | they relate. Party rules shall not be effective until sixty days after the 336 |
---|
| 385 | + | filing of the same with the Secretary of the State. A party in any 337 |
---|
| 386 | + | municipality for which local party rules with respect to any office or 338 |
---|
| 387 | + | position have not been filed as provided in this section shall, as to such 339 |
---|
| 388 | + | office or position, be subject to the provisions of the effective state rules 340 |
---|
| 389 | + | of such party applicable in municipalities which do not have local party 341 |
---|
| 390 | + | rules, until such time as local party rules therefor are filed and become 342 |
---|
| 391 | + | effective as provided in this section. The town chairman of a party in 343 |
---|
| 392 | + | any municipality for which local party rules have not been adopted and 344 |
---|
| 393 | + | filed as provided in this section shall forthwith file a statement with the 345 |
---|
| 394 | + | Secretary of the State to the effect that such party in such municipality 346 |
---|
| 395 | + | does not have local party rules. The term "party rules" as used in this 347 |
---|
| 396 | + | section includes any amendment to such party rules. When any 348 |
---|
| 397 | + | amendment is to be filed as required by this section, complete party 349 |
---|
| 398 | + | rules incorporating such amendment shall be filed, together with a 350 |
---|
| 399 | + | separate copy of such amendment. 351 |
---|
208 | | - | GAE Joint Favorable Subst. |
---|
| 415 | + | LCO No. 4990 13 of 13 |
---|
| 416 | + | |
---|
| 417 | + | Statement of Purpose: |
---|
| 418 | + | To (1) require the Secretary of the State to report on certain election laws |
---|
| 419 | + | modified or suspended for any primary or election held in 2020 or 2021, |
---|
| 420 | + | (2) require any declaratory ruling, instruction, opinion or order of the |
---|
| 421 | + | Secretary to be adopted as a regulation and submitted to the Legislative |
---|
| 422 | + | Regulation Review Committee, (3) prohibit the unsolicited mailing of |
---|
| 423 | + | absentee ballots by certain election officials, (4) provide state-wide |
---|
| 424 | + | consistency regarding pre-election day processing of absentee ballots |
---|
| 425 | + | whenever authorized and prohibit registrars of voters from contacting |
---|
| 426 | + | voters for the purpose of curing unsigned absentee ballots, (5) require |
---|
| 427 | + | the Secretary to establish a pilot program from the verification of |
---|
| 428 | + | signatures on returned absentee ballot envelopes, (6) require that |
---|
| 429 | + | absentee ballot applications contain a statement regarding penalties for |
---|
| 430 | + | noncompliance with certain provisions, (7) establish a task force to |
---|
| 431 | + | study the feasibility of single-envelope returns of absentee ballots, (8) |
---|
| 432 | + | establish a working group to examine risk-limiting audits of election |
---|
| 433 | + | results, and (9) change the deadline by which minor parties need to file |
---|
| 434 | + | their rules with the Secretary prior to nominating candidates for office. |
---|
| 435 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
| 436 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
| 437 | + | underlined.] |
---|
| 438 | + | |
---|
| 439 | + | Co-Sponsors: REP. MASTROFRANCESCO, 80th Dist.; SEN. SAMPSON, 16th |
---|
| 440 | + | Dist. |
---|
| 441 | + | REP. FRANCE, 42nd Dist.; REP. FISHBEIN, 90th Dist. |
---|
| 442 | + | REP. ANDERSON, 62nd Dist. |
---|
| 443 | + | |
---|
| 444 | + | H.B. 6325 |
---|
| 445 | + | |
---|