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General Assembly Raised Bill No. 6578
January Session, 2021
LCO No. 3555
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING PA RTICIPATION IN THE ELECTORAL
PROCESS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-46a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2022): 2
(a) A person who has been convicted of a felony and committed to 3
confinement in a federal or other state correctional institution or facility 4
or community residence shall have such person's electoral privileges 5
restored [upon the payment of all fines in conjunction with the 6
conviction and] once such person has been [discharged] released from 7
confinement. [, and, if applicable, parole.] 8
(b) Upon the release from confinement in a correctional institution or 9
facility or a community residence of a person who has been convicted 10
of a felony and committed to the custody of the Commissioner of 11
Correction, [and, if applicable, the discharge of such person from 12
parole,] (1) the person shall have the right to become an elector, (2) the 13
Commissioner of Correction shall give the person a document certifying 14
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that the person has been released from such confinement, [and, if 15
applicable, has been discharged from parole,] (3) if the person was an 16
elector at the time of such felony conviction and, after such release, [and 17
any such discharge,] is residing in the same municipality in which the 18
person resided at the time of such felony conviction, the person's 19
electoral privileges shall be restored, and (4) if the person was an elector 20
at the time of such felony conviction and, after such release, [and any 21
such discharge,] is residing in a different municipality or if the person 22
was not an elector at the time of such felony conviction, the person's 23
electoral privileges shall be restored or granted upon submitting to an 24
admitting official satisfactory proof of the person's qualifications to be 25
admitted as an elector. The provisions of subdivisions (1) to (4), 26
inclusive, of this subsection shall not apply to any person convicted of a 27
felony for a violation of any provision of this title until such person has 28
been discharged from any parole or probation for such felony. 29
(c) The registrars of voters of the municipality in which a person is 30
admitted as an elector pursuant to subsection (a) or (b) of this section, 31
within thirty days after the date on which such person is admitted, shall 32
notify the registrars of voters of the municipality wherein such person 33
resided at the time of such person's conviction that such person's 34
electoral rights have been so restored. 35
(d) The Commissioner of Correction shall establish procedures to 36
inform those persons who have been convicted of a felony and 37
committed to the custody of said commissioner for confinement in a 38
correctional institution or facility or a community residence, and are 39
eligible to have their electoral privileges restored or granted pursuant to 40
subsection (b) of this section, of the right and procedures to have such 41
privileges restored. The Office of Adult Probation shall, within available 42
appropriations, inform such persons who are on probation on January 43
1, 2002, of their right to become electors and procedures to have their 44
electoral privileges restored, which shall be in accordance with 45
subsections (b) and (c) of this section. 46
(e) The Commissioner of Correction shall, on or before the fifteenth 47
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day of each month, transmit to the Secretary of the State a list of all 48
persons convicted of a felony and committed to the custody of said 49
commissioner who, during the preceding calendar month, have been 50
released from confinement in a correctional institution or facility or a 51
community residence. [and, if applicable, discharged from parole.] Such 52
lists shall include the names, birth dates and addresses of such persons, 53
with the dates of their convictions and the crimes of which such persons 54
have been convicted. The Secretary of the State shall transmit such lists 55
to the registrars of the municipalities in which such convicted persons 56
resided at the time of their convictions and to the registrars of any 57
municipalities where the secretary believes such persons may be 58
electors. 59
Sec. 2. Section 9-19h of the general statutes is repealed and the 60
following is substituted in lieu thereof (Effective from passage): 61
(a) The Department of Social Services, the Labor Department and the 62
Department of Motor Vehicles shall make voter registration information 63
and materials available to the public. Such information and materials 64
shall be placed in public areas of the offices of such departments. The 65
State Library and the libraries of the state's public institutions of higher 66
education shall also make such information and materials available to 67
users of the libraries. The Secretary of the State shall provide such 68
departments, such libraries and any libraries open to the public with 69
suitable nonpartisan literature, materials and voter registration 70
application forms authorized under sections 9-23g and 9-23h. [The 71
secretary shall also provide to the Department of Social Services, the 72
Labor Department and the Department of Motor Vehicles any furniture 73
needed to display such literature, materials and forms.] 74
(b) (1) In addition to the requirements of subsection (a) of this section, 75
and except as provided in subdivision (2) of this subsection, the 76
Commissioner of Motor Vehicles, not later than January 1, 1994, shall 77
include an application for the admission of an elector with each 78
application form provided for a motor vehicle operator's license and a 79
motor vehicle operator's license renewal, which are issued under 80
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subpart (B) of part III of chapter 246, and with each application form 81
provided for an identity card issued under section 1-1h. Such 82
application form for the admission of an elector [(1)] (A) shall be subject 83
to the approval of the Secretary of the State, [(2)] (B) shall not include 84
any provisions for the witnessing of the application, and [(3)] (C) shall 85
contain a statement that [(A)] (i) specifies each eligibility requirement, 86
[(B)] (ii) contains an attestation that the applicant meets each such 87
requirement, and [(C)] (iii) requires the signature of the applicant under 88
penalty of perjury. The Commissioner of Motor Vehicles shall accept 89
any such completed application for admission which is submitted in 90
person, [or by mail. The] by mail or through an electronic system 91
pursuant to subdivision (2) of this subsection. Except as provided in said 92
subdivision, the applicant shall state on such form, under penalty of 93
perjury, the applicant's name, bona fide residence address, date of birth, 94
whether the applicant is a United States citizen, party enrollment, if any, 95
prior voting address, if registered previously, and that the applicant's 96
privileges as an elector are not forfeited by reason of conviction of a 97
felony. No Social Security number on any such application form for the 98
admission of an elector filed prior to January 1, 2000, may be disclosed 99
to the public or to any governmental agency. The commissioner shall 100
indicate on each such form the date of receipt of such application to 101
ensure that any eligible applicant is registered to vote in an election if it 102
is received by the Commissioner of Motor Vehicles by the last day for 103
registration to vote in an election. The commissioner shall provide the 104
applicant with an application receipt, on a form approved by the 105
Secretary of the State and on which the commissioner shall record the 106
date that the commissioner received the application, using an official 107
date stamp bearing the words "Department of Motor Vehicles". The 108
commissioner shall provide such receipt whether the application was 109
submitted in person, [or] by mail or through an electronic system 110
pursuant to subdivision (2) of this subsection. The commissioner shall 111
forthwith transmit the application to the registrars of voters of the 112
applicant's town of residence. If a registration application is accepted 113
within five days before the last day for registration to vote in a regular 114
election, the application shall be transmitted to the registrars of voters 115
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of the town of voting residence of the applicant not later than five days 116
after the date of acceptance. The procedures in subsections (c), (d), (f) 117
and (g) of section 9-23g which are not inconsistent with the National 118
Voter Registration Act of 1993, P.L. 103-31, as amended from time to 119
time, shall apply to applications made under this section. The 120
commissioner is not an admitting official and may not restore, under the 121
provisions of section 9-46a, as amended by this act, electoral privileges 122
of persons convicted of a felony. 123
(2) (A) The Commissioner of Motor Vehicles shall provide an 124
electronic system, subject to the approval of the Secretary of the State, to 125
effectuate the purposes of subdivision (1) of this subsection regarding 126
application for admission of an elector, except that the condition that an 127
applicant state and attest to meeting each eligibility requirement may be 128
waived for any such eligibility requirement verified independently by 129
said commissioner through a federally approved identity verification 130
program or other evidence acceptable to said commissioner. Such 131
electronic system may provide for the transmittal to the Secretary of an 132
applicant's signature on file with said commissioner. The use of any 133
such electronic system shall comply with the National Voter 134
Registration Act of 1993, P.L. 103-31, as amended from time to time. 135
(B) (i) Unless otherwise provided in this subparagraph, if the 136
Commissioner of Motor Vehicles determines that a person applying for 137
a motor vehicle operator's license, a motor vehicle operator's license 138
renewal or an identity card meets each eligibility requirement for 139
admission as an elector, said commissioner shall forthwith transmit an 140
application for such person's admission as an elector to the registrars of 141
voters of such person's residence through an electronic system pursuant 142
to this subdivision, in accordance with the provisions of subdivision (1) 143
of this subsection, except that no such application shall be transmitted if 144
such person declines to apply for such admission. 145
(ii) If said commissioner determines that a person applying for a 146
motor vehicle operator's license, a motor vehicle operator's license 147
renewal or an identity card is not a United States citizen, said 148
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commissioner shall not provide such person an opportunity to apply for 149
admission as an elector through an electronic system pursuant to this 150
subdivision and shall not transmit any application for such admission 151
on behalf of such person. 152
(iii) If said commissioner cannot determine whether a person 153
applying for a motor vehicle operator's license, a motor vehicle 154
operator's license renewal or an identity card is a United States citizen, 155
such person shall attest to his or her United States citizenship as a 156
precondition of said commissioner processing such person's application 157
for admission as an elector through an electronic system pursuant to this 158
subdivision. 159
Sec. 3. Section 9-19i of the general statutes is repealed and the 160
following is substituted in lieu thereof (Effective from passage): 161
(a) Any change of address form submitted by a person in accordance 162
with law for purposes of a motor vehicle operator's license shall serve 163
as notification of change of address for voter registration for the person 164
unless the person states on the form that the change of address is not for 165
voter registration purposes. The Commissioner of Motor Vehicles shall 166
forthwith transmit such change of address information to the registrars 167
of voters of the town of the former address of the person. If the name of 168
the person appears on the registry list of the town, and if the new 169
address is also within such town, the registrars shall enter the name of 170
such elector on the registry list at the place where he then resides. If the 171
name of the person appears on the registry list of the town and if the 172
new address is outside such town, the registrars shall remove the name 173
of such elector from the registry list and send the elector the notice, 174
information and application required by subsection (c) of section 9-35, 175
except that if said commissioner is using an electronic system pursuant 176
to subsection (b) of this section, the Secretary of the State may prescribe 177
alternative procedures for sending such notice and information and 178
may waive the requirement to send such application. 179
(b) The Commissioner of Motor Vehicles shall provide an electronic 180
system, subject to the approval of the Secretary of the State, to effectuate 181
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the purposes of subsection (a) of this section regarding notifications of 182
change of address for voter registration. Such electronic system may 183
provide for the transmittal to the Secretary of an applicant's signature 184
on file with said commissioner. The use of any such electronic system 185
shall comply with the National Voter Registration Act of 1993, P.L. 103-186
31, as amended from time to time. 187
Sec. 4. Subsection (a) of section 9-232 of the general statutes is 188
repealed and the following is substituted in lieu thereof (Effective from 189
passage): 190
(a) [Each registrar may appoint one or more challengers in his town 191
or district, one of whom may be present at the offering of any vote; and 192
any such challenger or any] Any elector may challenge the right of any 193
person offering to vote, on the ground of want of identity with the 194
person on whose name the vote is offered, or disfranchisement or lack 195
of bona fide residence, and the moderator shall decide upon the right of 196
the person so challenged to vote. 197
Sec. 5. Section 9-235d of the general statutes is repealed and the 198
following is substituted in lieu thereof (Effective from passage): 199
(a) Notwithstanding any provision of sections 9-233, 9-235 and 9-258, 200
as amended by this act, [to the contrary,] a United States citizen who is 201
sixteen or seventeen years of age and a bona fide resident of a town may 202
be [(1)] appointed as [a challenger or] (1) an unofficial checker in an 203
election, or (2) [appointed as] a checker, translator, ballot clerk or voting 204
tabulator tender in an election after (A) attending poll worker training, 205
and (B) receiving the written permission of a parent, guardian or the 206
principal of the school that the citizen attends if the citizen is a secondary 207
school student and the citizen is to be appointed to work on a day when 208
such school is in session. 209
(b) Notwithstanding any provision of section 9-436, as amended by 210
this act, or 9-436a, [to the contrary,] a United States citizen who is sixteen 211
or seventeen years of age and a bona fide resident of a town or political 212
subdivision holding a primary may be [(1)] appointed as [a challenger 213
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or] (1) a candidate checker in the primary, or (2) [appointed as] a 214
checker, translator, ballot clerk or voting tabulator tender in a primary 215
after (A) attending poll worker training, and (B) receiving the written 216
permission of a parent, guardian or the principal of the school that the 217
citizen attends if the citizen is a secondary school student and the citizen 218
is to be appointed to work on a day when such school is in session. 219
Sec. 6. Subsections (a) and (b) of section 9-258 of the general statutes 220
are repealed and the following is substituted in lieu thereof (Effective 221
from passage): 222
(a) For municipalities with more than one voting district, the election 223
officials of each polling place shall be electors of the state and shall 224
consist of (1) one moderator, (2) at least one but not more than two 225
official checkers, (3) two assistant registrars of voters of opposite 226
political parties, each of whom shall be residents of the town, (4) [not 227
more than two challengers if the registrars of voters have appointed 228
challengers pursuant to section 9-232, (5)] at least one but not more than 229
two ballot clerks, and [(6)] (5) at least one but not more than two voting 230
tabulator tenders for each voting tabulator in use at the polling place. A 231
known candidate for any office shall not serve as an election official on 232
election day or serve at the polls in any capacity, except that (A) a 233
municipal clerk or a registrar of voters, who is a candidate for the same 234
office, may perform his or her official duties, and (B) a deputy registrar 235
of voters, who is a candidate for the office of registrar of voters, may 236
perform his or her official duties. If, in the opinion of the registrar of 237
voters, the public convenience of the electors in any voting district so 238
requires, provision shall be made for an additional line or lines of 239
electors at the polling place and, if more than one line of electors is 240
established, at least one but not more than two additional official 241
checkers and at least one but not more than two ballot clerks for each 242
line of electors shall be appointed and, if more than one tabulator is used 243
in a polling place, at least one but not more than two additional voting 244
tabulator tenders shall be appointed for each additional machine so 245
used. Head moderators, central counting moderators and absentee 246
ballot counters appointed pursuant to law shall also be deemed election 247
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officials. 248
(b) For municipalities with one voting district, the election officials of 249
such polling place shall be electors of the state and shall consist of (1) 250
one moderator, (2) at least one but not more than two official checkers, 251
(3) [not more than two challengers if the registrars of voters have 252
appointed challengers pursuant to section 9-232, (4)] at least one but not 253
more than two voting tabulator tenders for each voting tabulator in use 254
at the polling place, and [(5)] (4) at least one but not more than two ballot 255
clerks. Additionally, such election officials may consist of two registrars 256
of voters of opposite political parties, or two assistant registrars of voters 257
of opposite political parties, as the case may be, subject to the 258
requirements of sections 9-259 and 9-439, provided if the registrars of 259
voters are present in the polling place, they shall appoint at least one 260
designee to be present in their office. A known candidate for any office 261
shall not serve as an election official on election day or serve at the polls 262
in any capacity, except that (A) a municipal clerk or a registrar of voters, 263
who is a candidate for the same office, may perform his or her official 264
duties, and (B) a deputy registrar of voters, who is a candidate for the 265
office of registrar of voters, may perform his or her official duties. If, in 266
the opinion of the registrar of voters, the public convenience of the 267
electors in any voting district so requires, provision shall be made for an 268
additional line or lines of electors at the polling place and, if more than 269
one line of electors is established, at least one but not more than two 270
additional official checkers for each line of electors shall be appointed 271
and, if more than one tabulator is used in a polling place, at least one 272
but not more than two additional voting tabulator tenders shall be 273
appointed for each additional tabulator so used. Head moderators, 274
central counting moderators and absentee ballot counters appointed 275
pursuant to law shall be deemed to be election officials. 276
Sec. 7. Subsection (c) of section 9-436 of the general statutes is 277
repealed and the following is substituted in lieu thereof (Effective from 278
passage): 279
(c) The registrar shall appoint from among the enrolled party 280
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members in the state, to serve in each polling place, the primary polling 281
place officials, who shall consist of (1) one moderator, (2) at least one [,] 282
but not more than two official checkers, [not more than two challengers 283
if the registrar deems it necessary, and] (3) at least one [and] but not 284
more than two ballot clerks, [and] (4) at least one but not more than two 285
voting tabulator tenders for each tabulator in use at such primary, and 286
[,] (5) in towns with two or more voting districts, at least one [and] but 287
not more than two assistant registrars, provided [(1)] (A) in the case of 288
either a municipality or a political subdivision holding a primary, if no 289
enrolled party member can be found or no such person consents to serve 290
as a moderator, the registrar may appoint any elector who resides in the 291
state and is a certified moderator to be moderator, [(2)] (B) in the case of 292
a political subdivision holding a primary, if an insufficient number of 293
enrolled party members who reside in the state consent to serve as 294
checkers, [challengers,] voting tabulator tenders or assistant registrars, 295
the registrar may appoint any elector who resides in the state to be a 296
checker, [challenger,] voting tabulator tender or assistant registrar, and 297
[(3)] (C) in the case of either a municipality or a political subdivision 298
holding more than one primary on the same day for different political 299
parties, one certified moderator may serve as moderator for both 300
primaries, if the registrars of voters so agree. If unaffiliated electors are 301
authorized under section 9-431 to vote for some but not all of the offices 302
to be contested at the primary, the registrar shall appoint two additional 303
checkers to check the list of unaffiliated electors who are authorized to 304
vote on the separate tabulators. If unaffiliated electors are authorized 305
under section 9-431 to vote in the primary of either of two parties in the 306
same polling place, whether for some or for all offices to be contested at 307
the primary, each such registrar shall appoint two additional checkers 308
to check the list of unaffiliated electors who are authorized to vote in 309
either such primary. 310
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 9-46a
Sec. 2 from passage 9-19h
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Sec. 3 from passage 9-19i
Sec. 4 from passage 9-232(a)
Sec. 5 from passage 9-235d
Sec. 6 from passage 9-258(a) and (b)
Sec. 7 from passage 9-436(c)
Statement of Purpose:
To (1) restore, without the payment of certain fines, the electoral
privileges of convicted felons who are on parole, (2) codify existing
practice, under a memorandum of understanding, regarding voter
registration procedures at the Department of Motor Vehicles, and (3)
eliminate registrar-appointed challengers from who may be present in
the polling place during a primary or election.
[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.]