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OLR Bill Analysis
sHB 6578
AN ACT CONCERNING PARTICIPATION IN THE ELECTORAL
PROCESS.
SUMMARY
This bill makes various unrelated changes affecting elections,
including the forfeiture and restoration of electoral privileges (i.e.,
voting rights) for certain individuals convicted of a felony; voter
registration; and polling place challengers. Principally, it does the
following:
1. eliminates the current requirement that convicted felons forfeit
their electoral privileges if they are committed to confinement in
an in-state or out-of-state community residence;
2. restores the electoral privileges of convicted felons who are on
parole or special parole or who are confined in a community
residence;
3. conforms law with practice by requiring the Department of
Motor Vehicles (DMV) to use a secretary of the state-approved
electronic system that complies with the National Voter
Registration Act (NVRA) to automatically transmit voter
registration applications to registrars of voters for eligible
applicants unless they opt out;
4. similarly, requires voter registration agencies and public higher
education institutions to use a secretary of the state-approved
and NVRA-compliant electronic system to transmit voter
registration applications for eligible applicants; and
5. eliminates provisions authorizing registrars of voters to appoint
challengers as polling place officials, which conforms with
current practice. 2021HB-06578-R000578-BA.DOCX
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The bill also makes several technical and conforming changes.
EFFECTIVE DATE: Upon passage, ex cept that the changes (1)
eliminating voting rights forfeiture for certain individuals confined in
a community residence are effective July 1, 2021; (2) restoring voting
rights for parolees and individuals confined in community residences
are effective July 1, 2022; and (3) affecting voter registration agencies
and public higher education institutions are effective January 1, 2022.
§§ 1-3 — VOTING RIGHTS FOR IN DIVIDUALS CONVICTED OF A
FELONY
The bill makes several changes concerning the forfeiture and
restoration of electoral privileges for certain individuals convicted of a
felony.
Forfeiture of Electoral Privileges (§ 2)
Under current law, an individual forfeits his or her right to be an
elector, and all accompanying electoral privileges (i.e., the right to
vote, run for public office, and hold an office), upon conviction of a
felony and commitment to any state or federal prison (CGS § 9-46).
Effective July 1, 2021, the bill eliminates a requirement that such
individuals forfeit their electoral privileges if they are committed to
Department of Correction (DOC) custody (or a state or county
correction department outside of Connecticut) for confinement in
a community residence (e.g., halfway house, group home, or mental
health facility).
The bill also specifies that if an individual regains his or her
electoral privileges after forfeiture, he or she must again forfeit them
upon returning to confinement in a correctional institution or facility
from the following:
1. parole or special parole;
2. release to (a) an educational program or work , (b)
a community residence, (c) a zero-tolerance drug supervision
program, (d) home confinement for certain motor vehicle and
drug offenses, or (e) a community-based nursing home for 2021HB-06578-R000578-BA.DOCX
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palliative and end-of-life care; or
3. specified furloughs granted at the commissioner’s discretion
(e.g., to permit attendance at a relative’s funeral or to obtain
medical services not otherwise available).
Notice to Secretary of the State and Registrars of Voters (§ 1)
Effective July 1, 2021, the bill makes conforming changes to monthly
reports that the (1) DOC commissioner must send to the secretary of
the state and (2) secretary must transmit to registrars of voters. Under
current law, the commissioner must send the secretary a list by the
15th of each month of all individuals convicted of a felony and
committed to DOC custody in the previous calendar month for
confinement in a correctional institution, facility, or community
residence. The secretary must then send the list to the registrars of
voters in towns where (1) these individuals resided at the time of their
conviction or (2) she believes they may be electors.
The bill (1) eliminates the requirement that the DOC commissioner’s
report include a list of these individuals committed for confinement in
a community residence and (2) additionally requires that it include a
list of individuals returned to confinement in a correctional institution
or facility for violating the terms of their parole, special parole, release,
or furlough (see above). It must also include the date and nature of
these violations. The bill makes conforming changes to the information
the secretary must provide registrars of voters by similarly requiring
her to notify registrars in towns where (1) individuals returned to
confinement resided at the time of their parole, special parole, release,
or furlough violation (as applicable) or (2) she believes they may be
electors.
Under existing law, after sending a written notice by certified mail
to the individual’s last known address, the registrars must remove his
or her name from the registry list (CGS § 9-45).
Restoration of Electoral Privileges (§ 3)
Under current law, an individual imprisoned for a felony regains 2021HB-06578-R000578-BA.DOCX
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the right to vote and accompanying electoral privileges after paying all
fines and completing any required prison and parole time.
Effective July 1, 2022, the bill allows convicted felons to regain their
electoral privileges upon release from confinement in a correctional
institution or facility. It eliminates current law’s requirements that
such individuals also, as applicable, (1) be released from
a community residence, (2) be discharged from parole, and (3) pay all
felony conviction-related fines. The bill specifies that any convicted
felon who forfeited his or her electoral privileges and is confined in
a community residence must have his or her electoral privileges
restored.
Under the bill, the DOC commissioner must, within available
appropriations, inform people who are on parole, special parole, or
confined in a community residence of their right to become electors
and the process for having their privileges restored.
The bill also makes conforming changes to a monthly report that the
DOC commissioner must send to the secretary of the state. Under
current law, the commissioner must send the secretary a list by the
15th of each month of all individuals convicted of a felony who were
released in the previous calendar month from a correctional institution
or facility or a community residence and, if applicable, discharged
from parole.
The bill eliminates current law’s requirement that the list include
community residence releases and parole discharges and instead
requires that it include individuals who have begun confinement in a
community residence. By law, unchanged by the bill, the secretary
must send this list to the registrars in the towns where (1) the
individuals lived at the time of their conviction or (2) she believes they
may be electors.
§§ 4-8 — ELECTRONIC SYSTEM FO R TRANSMITTING VOTER
REGISTRATION APPLICA TIONS
By law, the DMV commissioner must include a voter registration
application as part of each motor vehicle driver’s license application or 2021HB-06578-R000578-BA.DOCX
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renewal or each identity card application. Similarly, voter registration
agencies (see BACKGROUND) must include a voter registration
application with each service or assistance application, recertification,
renewal, or change of address. Public higher education institutions
must distribute mail voter registration application forms.
Application and Transmittal Procedures
The bill requires DMV, voter registration agencies, and public
higher education institutions to use a secretary of the state-approved
and NVRA-compliant (see BACKGROUND) electronic system to
automatically transmit voter registration applications for qualified
applicants to registrars of voters unless the applicants decline to apply
for admission. (In practice, DMV must already do this pursuant to a
memorandum of understanding (MOU) between the agencies (see
BACKGROUND).)
Eligibility Verification. By law, voter registration forms include (1)
a statement that specifies each eligibility requirement and (2) an
attestation that the applicant meets each requirement (CGS § 9-20). The
bill allows DMV, voter registration agencies, and public higher
education institutions to waive attestation for any requirement for
which they can verify an applicant’s eligibility independently through
a federally approved identity verification program or through other
acceptable evidence. The electronic system may provide for transmittal
of applicants’ signatures on file with DMV, a voter registration agency,
or public higher education institution, as applicable, to the secretary of
the state.
The bill prohibits DMV, voter registration agencies, and public
higher education institutions from processing voter registration
applications using the electronic system if they determine that an
individual applying for a credential, service, or assistance is not a U.S.
citizen. If they cannot determine whether the individual is a U.S.
citizen, the applicant must attest to his or her citizenship before DMV,
a voter registration agency, or a public higher institution may process
the voter registration application through the electronic system. 2021HB-06578-R000578-BA.DOCX
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Transmittal. Under the bill, if DMV determines that an applicant
for a motor vehicle driver’s license or renewal or for an identity card
(i.e., “DMV credential”) meets each eligibility requirement for
admission as an elector, then the commissioner must use an electronic
system to immediately transmit a voter registration application for that
individual unless he or she declines to apply for admission. Similarly,
if a voter registration agency or public higher education determines
that an applicant for assistance or services meets each eligibility
requirement for admission as an elector, then the agency or institution
must use an electronic system to immediately transmit a voter
registration application for that individual unless he or she declines to
apply for admission. In all cases, the application must be transmitted
to the registrars of voters in the municipality where the individual
resides.
Party Enrollment
Under the bill, if the system removes an elector from a political
party’s enrollment list because he or she did not affirmatively confirm
an intent to continue enrollment, the removal must be presumed
unintentional. In that case, the bill requires that the elector be restored
to the party’s enrollment list after the appropriate registrar of voters is
notified.
Address Changes
The bill additionally requires DMV to use a secretary of the state-
approved electronic system to notify registrars of voters of address
changes for voter registration purposes. Under the bill, the electronic
system (1) may provide for the transmittal of an applicant’s signature,
on file with DMV, to the secretary of the state and (2) must comply
with NVRA requirements.
If DMV uses such a system, the secretary of the state may (1)
prescribe alternative procedures for sending required information to
electors who are removed from the registry list because they have
moved out of town and (2) waive the requirement that registrars send
the mail-in voter registration form to these electors. 2021HB-06578-R000578-BA.DOCX
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§§ 9-12 — POLLING PLACE CHALLE NGERS
Current law authorizes each municipality’s registrar of voters to
appoint up to two challengers per polling place who may challenge the
right of anyone attempting to vote if the challenger knows, suspects, or
reasonably believes that there is some doubt as to the voter’s identity,
residence, or disenfranchisement status. The moderator decides any
challenge.
The bill conforms the law with current practice by eliminating
registrar-appointed challengers as authorized poll workers during a
primary or election. Existing law, unchanged by the bill, authorizes
any elector to act as a challenger.
BACKGROUND
Related Bill
sSB 5, favorably reported by the Government Administration and
Elections Committee, contains the same provisions on (1) the forfeiture
and restoration of electoral privileges for certain individuals convicted
of a felony and (2) DMV, voter registration agencies, and public higher
education institutions using an electronic system to automatically
transmit voter registration applications.
Voter Registration Agencies
The NVRA requires covered states to designate as voter registration
agencies (1) all offices that provide federal or state public assistance,
(2) all offices that provide state-funded programs primarily engaged in
providing services to individuals with disabilities, and (3) Armed
Forces recruitment offices. States must also designate additional voter
registration agencies, which may include (1) state or local offices like
public libraries or schools, fishing and hunting license bureaus, or
unemployment compensation offices or (2) with their agreement,
federal or nongovernmental offices (52 U.S.C. § 20506).
Generally, all voter registration agencies must:
1. distribute the National Mail Voter Registration Form; 2021HB-06578-R000578-BA.DOCX
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2. provide an “information form” on the voter -registration
process;
3. help applicants complete the registration application unless
they refuse assistance; and
4. accept completed voter registration applications and transmit
them to the appropriate state election official within a
prescribed timeframe.
Those agencies that provide public assistance or services to
individuals with disabilities must include the National Mail Voter
Registration Form, or an equivalent form that they design, with each
application, recertification, renewal, or change of address form related
to the assistance or services. Those providing in-home services to
individuals with disabilities must provide the above-listed registration
services in the individual’s home.
NVRA
The NVRA (P.L. 103-31) generally requires states to offer eligible
citizens the opportunity to register to vote by:
1. applying as part of a motor vehicle driver’s license application
or renewal;
2. sending a mail-in application; or
3. applying in person at a designated voter registration agency,
including offices providing public assistance or services to
individuals with disabilities.
The requirements apply to federal elections; however, in practice,
states such as Connecticut have extended the procedures to state and
local elections.
MOU
Connecticut began implementing an automatic voter registration
(AVR) system under a May 16, 2016, MOU between the Office of the
Secretary of the State and DMV. The MOU established a method, 2021HB-06578-R000578-BA.DOCX
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process, and timeline for developing the system and required that it be
fully implemented by August 7, 2018.
Under the MOU, Connecticut’s AVR system must, among other
things:
1. establish a schedule and method for DMV to electronically
provide registrars of voters with the records of individuals who
apply for or renew a DMV credential (i.e., driver’s license or
identity card);
2. allow individuals who submit DMV credential applications to
change their voter registration status or record;
3. provide a way for records transmitted by the AVR system to
constitute a completed voter registration application, and for
registrars of voters to register applicants to vote unless an
applicant is ineligible to vote, declines registration, or does not
attest to meeting all voter eligibility requirements;
4. designate party preference as “unaffiliated” for a registrant who
does not provide a preference; and
5. provide a way for applicants, as part of their voter registration
application, to swear or affirm that they are U.S. citizens and
meet all other voter eligibility requirements.
The AVR system must enable DMV to provide registrars of voters
with certain information about applicants, including name; birthdate;
driver’s license or identification card number, or last four digits of the
Social Security number; whether the individual affirmatively declined
to register to vote; and political party preference.
The MOU prohibits DMV from electronically transmitting through
the AVR system the records of individuals who (1) were issued a DMV
credential but were not U.S. citizens at the time of issuance or (2) have
a “drive only” license, indicating that they cannot establish their legal
presence in the U.S. or may not have a Social Security number. 2021HB-06578-R000578-BA.DOCX
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COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 13 Nay 6 (04/05/2021)