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General Assembly Raised Bill No. 6579
January Session, 2021
LCO No. 3552
Referred to Committee on GOVERNMENT
ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT REVISING CERTAIN STATUTES CONCERNING VOTER
REGISTRATION AND ELE CTION ADMINISTRATION .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-16 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
The registrars of voters in each town shall give notice of the time and 3
place of each session for the admission of electors held pursuant to 4
section 9-17 by publication in a newspaper published or circulated in 5
such town, or on the town's Internet web site, not more than fifteen nor 6
less than five days before each such session. Nothing [herein] in this 7
section shall require that such publication be in the form of a legal 8
advertisement. 9
Sec. 2. Section 9-17a of the general statutes is repealed and the 10
following is substituted in lieu thereof (Effective from passage): 11
As used in sections [9-17, 9-19b,] 9-19c, 9-20, [9-23a, 9-24,] 9-31a [, 9-12
31b] and 9-31l, as amended by this act, unless otherwise provided, the 13 Raised Bill No. 6579
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term "admitting official" means a town clerk, assistant town clerk, 14
registrar of voters, deputy registrar of voters or assistant registrar of 15
voters. [or the board for admission of electors.] 16
Sec. 3. Section 9-31l of the general statutes is repealed and the 17
following is substituted in lieu thereof (Effective from passage): 18
(a) (1) A person who is denied admission as an elector may appeal a 19
decision of an admitting official of a town, other than a registrar of 20
voters, concerning the right of such person to be or remain an elector. 21
Any such appeal shall be made to the registrars of voters of such town. 22
[, except that if the admitting official who made such decision is a 23
registrar of voters, the appeal shall be made to the board for admission 24
of electors of such town.] 25
(2) Notice of an appeal shall be in writing and delivered to the 26
registrars. [or to the board for admission of electors. Within] Not later 27
than seven days after receipt of a notice of appeal, the registrars [or the 28
board, as the case may be,] shall give written notice of the time and place 29
where such appeal will be heard to the appellant and to the admitting 30
official whose decision is the subject of the appeal. Such appeal shall be 31
heard [within] not later than twenty-one days after notice of the appeal 32
is delivered to the registrars. [or the board. Neither a registrar whose 33
decision is the subject of the appeal nor a registrar who is an appellant 34
shall be a voting member of the board which hears the appeal.] 35
(3) The registrars [or the board] may receive sworn testimony and any 36
other evidence relating to the qualifications of such person to be or 37
remain an elector. 38
(4) [Within] Not later than seven days after hearing an appeal, the 39
registrars [or the board] shall render a decision and shall send written 40
notice of the decision to the appellant and the admitting official whose 41
decision was the subject of the appeal. 42
(b) (1) The person whose right to be or remain an elector is in dispute 43
may appeal the decision of the registrars [or the board for the admission 44 Raised Bill No. 6579
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of electors] under subsection (a) of this section to the State Elections 45
Enforcement Commission. If an appeal is not made to the commission 46
as provided in this subsection, the decision of the registrars [or the 47
board] shall be final. 48
(2) Any such appeal shall be in writing and filed with the State 49
Elections Enforcement Commission at its principal offices not later than 50
fourteen days [following] after the decision of the registrars. [or the 51
board.] A copy of any such notice of appeal shall also be delivered 52
within such time to the registrars [or the board] that rendered the 53
decision under subsection (a) of this section. 54
(3) The registrars [or the board] shall, not later than ten days after 55
receipt of a copy of the notice of appeal, deliver the record of the hearing 56
of the registrars [or board] under subsection (a) of this section to the 57
commission. 58
(4) The commission shall hear such appeal not later than twenty-one 59
days after notice of appeal is filed with the commission. Such hearing 60
shall be conducted in accordance with the provisions of sections 4-176e 61
to 4-180a, inclusive, and section 4-181a. The commission may consider 62
the record of the hearing delivered by the registrars [or the board] and 63
may examine witnesses, documents and any other evidence that it 64
determines may have a bearing on the proper determination of the 65
issues brought on appeal. The commission's hearing shall be recorded. 66
(5) The commission shall render its decision not later than sixty days 67
after the close of its hearing, except that an extension of time may be 68
granted by the commission upon application of any party that sets forth 69
circumstances that the commission determines is appropriate to 70
granting an extension of time. The commission may also initiate an 71
extension of time for rendering its decision, after written notice to the 72
parties, provided all of the parties before the commission give their prior 73
written consent. 74
(6) The decision of the commission shall determine the person's right 75 Raised Bill No. 6579
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to be or remain an elector. If any such decision is adverse to such 76
individual's right, the commission shall order both registrars to remove 77
the elector's name from the town's active and inactive registry list and 78
any enrollment list. Any person whose name has been so removed may 79
reapply for admission as an elector with the registrars of voters of the 80
same town at any time. If such application is made within four years 81
after the commission's decision, both registrars may approve such 82
application only after they find that there has been a substantial change 83
in the circumstances that provided the basis for the commission's 84
decision and that the individual is eligible to be an elector. Registrars 85
who approve an individual's application for admission within this time 86
period without a substantial change in circumstances may be subject to 87
a civil penalty imposed by the commission in accordance with 88
subdivision (2) of subsection (a) of section 9-7b if the commission 89
determines, following a written complaint filed with the commission 90
pursuant to said section 9-7b, that the registrars' action was without 91
good cause and constitutes a wilful violation of a prior order of the 92
commission. 93
Sec. 4. Section 9-358 of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective from passage): 95
Any person who, upon oath or affirmation, legally administered, 96
wilfully and corruptly testifies or affirms, before any registrar of voters, 97
any moderator of any election, primary or referendum [, any board for 98
admission of electors] or the State Elections Enforcement Commission, 99
falsely, to any material fact concerning the identity, age, residence or 100
other qualifications of any person whose right to be registered or 101
admitted as an elector or to vote at any election, primary or referendum 102
is being passed upon and decided, shall be guilty of a class D felony and 103
shall be disfranchised. 104
Sec. 5. Section 9-362 of the general statutes is repealed and the 105
following is substituted in lieu thereof (Effective from passage): 106
The decision [of the board for admission of electors or] of the 107 Raised Bill No. 6579
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registrars or of a moderator, as to a person's right to be admitted to the 108
elector's oath, to registration or to cast his vote, shall, in no case, be a bar 109
to a criminal prosecution for procuring himself to be made an elector or 110
to be registered or for voting, without the qualifications required by law. 111
Sec. 6. Subsections (a) and (b) of section 9-35 of the general statutes 112
are repealed and the following is substituted in lieu thereof (Effective 113
from passage): 114
(a) The registrars, [on the Tuesday of the fifth week] before each 115
regular election, shall [be in session for the purpose of completing] 116
complete a correct list of all electors who will be entitled to vote at such 117
election. Such registry list shall consist of an active registry list and an 118
inactive registry list. [Such session shall be held during such hours 119
between nine o'clock a.m. and five o'clock p.m. as the registrars find 120
necessary to complete the list. Notice of such session shall be given at 121
least five days before the session by publication in a newspaper having 122
a circulation in such municipality, if any, and by posting on the signpost 123
therein, if any, or at some other exterior place near the office of the town 124
clerk. Such publication shall not be required to be in the form of a legal 125
advertisement.] 126
(b) [At such session and on] On any day except on the day of an 127
election or primary, the registrars shall remove from the list the name of 128
each elector who has died, who has been disfranchised or who has 129
confirmed in writing that the elector has moved out of the municipality, 130
except electors entitled to remain on such list under the provisions of 131
this chapter. An elector shall be deemed to have confirmed in writing 132
that the elector has moved out of the municipality if (1) the elector has 133
submitted a change of address form for purposes of a state motor vehicle 134
operator's license, unless the elector states on the form that the change 135
of address is not for voter registration purposes, (2) the elector has 136
submitted a change of address form to a voter registration agency, as 137
defined in section 9-23n, and such agency has provided such change of 138
address to the registrars of voters, or (3) the registrars of voters have 139
received a cancellation of previous registration from any other election 140 Raised Bill No. 6579
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official indicating that such elector has registered as an elector outside 141
such municipality. 142
Sec. 7. Section 9-35a of the general statutes is repealed and the 143
following is substituted in lieu thereof (Effective from passage): 144
Immediately after the [close of the session or immediately after the] 145
sending of notice of intended removal provided for in section 9-35, as 146
amended by this act, the registrars of voters shall post at the town hall 147
or municipal building in the municipality in which they serve, in a place 148
readily accessible to the public, a list of the names of the electors whose 149
names were removed from the registry list [at such session] or will be 150
removed on the date specified in section 9-35, as amended by this act, 151
together with the address of each such elector as it appeared on the 152
registry list at the time the name was so removed. Together with such 153
list, and as a part thereof, such registrars shall also cause to be posted a 154
statement that complete information as to such removal and as to the 155
privileges and remedies of those whose names were removed from the 156
registry list is available from such registrars, specifying when and where 157
such registrars are available for such purpose and, in the case of 158
registrars of voters having office hours, specifying such office hours. 159
Sec. 8. Section 9-39 of the general statutes is repealed and the 160
following is substituted in lieu thereof (Effective from passage): 161
[The] For the purposes of section 9-234, the registrars of voters of each 162
municipality shall print copies of the final registry list for distribution 163
[in such municipality and] in all the voting districts located [therein] 164
within such municipality. The registrars shall, upon request, produce 165
for any candidate for election the final registry list for each voting 166
district for which such person is a candidate and shall maintain such list, 167
either on paper or in electronic format, for a period of two years. 168
Sec. 9. Section 9-172b of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective from passage): 170
(a) In each municipality or political subdivision in which a special 171 Raised Bill No. 6579
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election or referendum is to be held, the registrars of voters shall prepare 172
an updated list of the names and addresses of those persons who 173
acquired voting privileges after the completion of the revised registry 174
list and prior to the day of such special election or referendum. In each 175
such municipality or political subdivision, not later than the day before 176
such special election or referendum, such registrars of voters shall cause 177
to be completed [and printed] such list arranged as provided in section 178
9-35, as amended by this act, and certified by them to be correct, and 179
shall [retain] print a sufficient number of copies to be used by them at 180
such special election or referendum for the [purpose of checking the 181
names of those who vote] purposes of section 9-234, provided the names 182
of any persons who acquired such voting privileges within thirty days 183
before such special election or referendum may be inserted in writing 184
on such printed list. [in writing.] 185
(b) In the case of a special election or referendum, no person admitted 186
as an elector on the day of [the] such special election or referendum shall 187
be entitled to vote in [that] such special election or referendum. 188
Sec. 10. Subsection (d) of section 9-192a of the general statutes is 189
repealed and the following is substituted in lieu thereof (Effective from 190
passage): 191
(d) The advisory committee shall also [(1)] develop a training 192
program in election procedures for poll workers. [, and (2) develop an 193
election law and procedures training program and guide for registrars, 194
deputy registrars and assistant registrars. The training program 195
developed under subdivision (2) of this subsection shall provide for 196
training to be conducted by trained registrars or former registrars hired 197
for such purpose by the Secretary of the State.] The committee shall 198
submit such training [programs and training guide] program to the 199
Secretary of the State, who shall approve or modify [the programs and 200
guide] such program. 201
Sec. 11. Subdivision (3) of subsection (a) of section 9-192a of the 202
general statutes is repealed and the following is substituted in lieu 203 Raised Bill No. 6579
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thereof (Effective from passage): 204
(3) Once certified, pursuant to subdivision (1) of this subsection, each 205
registrar shall participate each year in not less than eight hours of 206
training [, not including any training described under subdivision (2) of 207
subsection (d) of this section,] in order to maintain such certification. 208
Such training shall be as prescribed by the Secretary of the State and 209
shall be conducted by said Secretary or a third party approved by said 210
Secretary to conduct such training. Any registrar who fails to satisfy 211
such annual training requirement shall be directed by the Secretary of 212
the State to take remedial measures prescribed by said Secretary. 213
Sec. 12. Subsection (b) of section 9-249 of the general statutes is 214
repealed and the following is substituted in lieu thereof (Effective from 215
passage): 216
(b) The election officials of such voting districts shall attend the 217
elections training program developed under [subdivision (1) of] 218
subsection (d) of section 9-192a, as amended by this act, and any other 219
meeting or meetings as are called for the purpose of receiving such 220
instructions concerning their duties as are necessary for the proper 221
conduct of the election. 222
Sec. 13. Section 9-233 of the general statutes is repealed and the 223
following is substituted in lieu thereof (Effective from passage): 224
Prior to each election, the registrars of voters of each town shall 225
appoint, for each voting tabulator to be used at such election, at least 226
one and not more than two electors of [such town as a voting tabulator 227
tender] the state to be voting tabulator tenders, unless the registrars of 228
voters have established two shifts for election officials under the 229
provisions of section 9-258a, in which case the registrars shall appoint at 230
least one and not more than two such electors to be voting tabulator 231
tenders, for each voting tabulator, for each shift. 232
Sec. 14. Section 9-232n of the general statutes is repealed and the 233
following is substituted in lieu thereof (Effective from passage): 234 Raised Bill No. 6579
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Immediately after the close of the polls, the moderator shall seal the 235
provisional ballot depository envelope and deliver such envelope to the 236
registrars of voters of the town. The registrars of voters shall forthwith 237
verify the information contained with each provisional ballot. If the 238
registrars of voters determine that the applicant is eligible to vote, they 239
shall note their decision on the outer envelope of the ballot and open 240
and count the provisional ballot in accordance with the provisions of 241
sections 9-232i to 9-232o, inclusive, and procedures prescribed by the 242
Secretary of the State. If the registrars of voters are unable to determine 243
that the applicant is eligible to vote or determine that the applicant is 244
not eligible to vote, the [applicant’s] applicant's provisional ballot sealed 245
envelope shall be marked "rejected", along with the reason for such 246
rejection, and signed by the registrars of voters. The registrars of voters 247
shall verify and count all provisional ballots in their town not later than 248
six days after the election or primary. The registrars of voters shall 249
forthwith prepare and sign in duplicate a report showing the number of 250
provisional ballots received from electors, the number rejected and the 251
number counted, and showing the additional votes counted for each 252
candidate for federal office on the provisional ballots. The registrars of 253
voters shall file one report with the town clerk and shall seal one in the 254
depository envelope with the provisional ballots and file such 255
depository envelope with the town clerk. The depository envelope shall 256
be preserved by the town clerk for the period of time required to 257
preserve counted absentee ballots for federal elections. The head 258
moderator shall forthwith electronically file with the Secretary, and 259
deliver to the town clerk, a corrected return for federal offices [with the 260
town clerk and the Secretary] showing (1) the final votes after any 261
recanvass, pursuant to sections 9-311 to 9-311b, inclusive, as amended 262
by this act, the votes on provisional ballots and the totals, and (2) the 263
number of provisional ballots received from electors, the number 264
rejected and the number counted, as reported by the registrars of voters. 265
Sec. 15. Subsection (c) of section 9-311 of the general statutes is 266
repealed and the following is substituted in lieu thereof (Effective from 267
passage): 268 Raised Bill No. 6579
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(c) (1) The votes shall be announced and recorded in the manner 269
prescribed in section 9-309 on return forms provided by the registrars of 270
voters and appended thereto shall be a statement signed by the 271
moderator indicating the time and place of the recanvass and the names, 272
addresses, titles and party affiliations of the recanvass officials. The 273
write-in ballots shall be replaced in a properly secured sealed package. 274
Upon the completion of such recanvass, any tabulator used in such 275
recanvass shall be locked and sealed, the keys thereof shall immediately 276
be returned to such registrars of voters and such tabulator shall remain 277
so locked until the expiration of fourteen days after such election or for 278
such longer period as is ordered by a court of competent jurisdiction. 279
The absentee ballots shall be replaced in their wrappers and be resealed 280
by the moderator in the presence of the recanvass officials. Upon the 281
completion of such recanvass, such moderator and at least two of the 282
recanvass officials of different political parties shall forthwith prepare 283
and sign such return forms which shall contain a written statement 284
giving the result of such recanvass for each tabulator and each package 285
of absentee ballots whose returns were so recanvassed, setting forth 286
whether or not the original canvass was correctly made and stating 287
whether or not the discrepancy still remains unaccounted for. Such 288
return forms containing such statement shall forthwith be filed by the 289
moderator in the office of such clerk. If such recanvass reveals that the 290
original canvass of returns was not correctly made, such return forms 291
containing such statement so filed with the clerk shall constitute a 292
corrected return. In the case of a state election, a recanvass return shall 293
be made in duplicate on a form prescribed and provided by the 294
Secretary of the State, and the moderator shall electronically file with 295
the Secretary, and deliver to the town clerk one copy [with the Secretary 296
of the State and one copy with the town clerk] each of such recanvass 297
return not later than ten days after the election. Such recanvass return 298
shall be substituted for the original return and shall have the same force 299
and effect as an original return. 300
(2) Notwithstanding the provisions of subdivision (1) of this 301
subsection, for the state election in 2020, each copy of the recanvass 302 Raised Bill No. 6579
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return required under said subdivision to be filed by the moderator with 303
the Secretary of the State and the town clerk shall be so filed not later 304
than twelve days after the election. 305
Sec. 16. Section 9-314 of the general statutes is repealed and the 306
following is substituted in lieu thereof (Effective from passage): 307
(a) As used in this subsection, "moderator" means the moderator of 308
each state election in each town not divided into voting districts and the 309
head moderator in each town divided into voting districts. The 310
moderator shall make a preliminary list of the votes given for each of 311
the following officers: Presidential electors, Governor, Lieutenant 312
Governor, Secretary of the State, Treasurer, Comptroller, Attorney 313
General, United States senator, representative in Congress, state 314
senator, judge of probate, state representative and registrars of voters 315
when said officers are to be chosen, as reported solely by the tabulator, 316
as provided in section 9-309, in the moderator's town and shall 317
immediately transmit such preliminary list to the Secretary of the State 318
by electronic means as prescribed by the Secretary not later than 319
midnight on election day. Once the preliminary list has been transmitted 320
to the Secretary, [of the State,] the moderator shall make a duplicate list 321
of the votes given in the moderator's town for each of the following 322
officers: Presidential electors, Governor, Lieutenant Governor, Secretary 323
of the State, Treasurer, Comptroller, Attorney General, United States 324
senator, representative in Congress, state senator, judge of probate, state 325
representative and registrars of voters when said officers are to be 326
chosen. Such duplicate list shall indicate the total number of names on 327
the official check list of such town and the total number of names 328
checked as having voted. The moderator shall transmit such duplicate 329
list to the Secretary [of the State] by electronic means as prescribed by 330
the Secretary [of the State] not later than forty-eight hours after the close 331
of the polls on election day. The moderator shall also seal and deliver 332
one of such duplicate lists to the [Secretary of the State] town clerk not 333
later than the third day after the election. Any such moderator who fails 334
to so transmit [or] to the Secretary, and deliver to the town clerk, such 335 Raised Bill No. 6579
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duplicate list [to the Secretary of the State] by the time required shall 336
pay a late filing fee of fifty dollars. [The moderator shall also deliver one 337
of such duplicate lists to the clerk of such town.] The Secretary of the 338
State shall enter the returns in tabular form in books kept by the 339
Secretary for that purpose and present a printed report of the same, with 340
the name of, and the total number of votes received by, each of the 341
candidates for said offices, to the General Assembly at its next session. 342
(b) As used in this subsection, "moderator" means the moderator of 343
each municipal election in each town not divided into voting districts, 344
and the head moderator in each town divided into voting districts. The 345
moderator shall make a preliminary list of the votes given for each 346
municipal office elected at such municipal election, as reported solely 347
by the tabulator, as provided in section 9-309, in the moderator's town 348
and shall immediately transmit such preliminary list to the Secretary of 349
the State by electronic means as prescribed by the Secretary not later 350
than midnight on election day. Once the preliminary list has been 351
transmitted to the Secretary, [of the State,] the moderator shall make a 352
duplicate list of the votes given in the moderator's town for each 353
municipal office elected at such municipal election. Such duplicate list 354
shall indicate the total number of names on the official check list of such 355
town and the total number of names checked as having voted and shall 356
be on a form prescribed by the Secretary. [of the State.] The moderator 357
shall transmit such duplicate list to the Secretary [of the State] by 358
electronic means as prescribed by the Secretary [of the State] not later 359
than forty-eight hours after the close of the polls on election day. The 360
moderator shall also seal and deliver one of such duplicate lists to the 361
[Secretary of the State] town clerk not later than the third day after the 362
election. Any such moderator who fails to so transmit [or] to the 363
Secretary, and deliver to the town clerk, such duplicate list [to the 364
Secretary of the State] by the time required shall pay a late filing fee of 365
fifty dollars. [The moderator shall also deliver one of such duplicate lists 366
to the clerk of such town.] 367
(c) Notwithstanding the provisions of subsections (a) and (b) of this 368 Raised Bill No. 6579
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section, for the state election in 2020, (1) the duplicate list required under 369
said subsections to be transmitted by electronic means to the Secretary 370
by such moderator shall be so transmitted not later than ninety-six 371
hours after the close of the polls on election day, and (2) the duplicate 372
list required under said subsections to be sealed and delivered to the 373
Secretary shall be so delivered not later than the fifth day after the 374
election. 375
Sec. 17. Subsection (a) of section 9-322a of the general statutes is 376
repealed and the following is substituted in lieu thereof (Effective from 377
passage): 378
(a) (1) Not later than forty-eight hours following each regular 379
election, the registrars of voters shall provide the results of the votes cast 380
at such election to the town clerk. Not later than nine o'clock a.m. on the 381
third day following each regular election, the head moderator, registrars 382
of voters and town clerk for each town divided into voting districts shall 383
meet to identify any error in the returns. Not later than one o'clock p.m. 384
on the third day following each regular election, the head moderator 385
shall (1) correct any error identified, [and] (2) electronically file an 386
amended return with the Secretary of the State, and (3) deliver to the 387
town clerk and the registrars of voters each a duplicate of such amended 388
return. 389
(2) Notwithstanding the provisions of subdivision (1) of this 390
subsection, for the state election in 2020, (A) the results of the votes cast 391
at the election required under said subdivision to be provided to the 392
town clerk by the registrars of voters shall be so provided not later than 393
ninety-six hours following the election, (B) the meeting to identify any 394
error in the returns required under said subdivision among the head 395
moderator, registrars of voters and town clerk for each town divided 396
into voting districts shall occur not later than nine o'clock a.m. on the 397
fifth day following the election, and (C) any identified error required 398
under said subdivision to be corrected, and any amended return 399
required under said subdivision to be filed with the Secretary of the 400
State, the town clerk and the registrars of voters, by the head moderator 401 Raised Bill No. 6579
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shall be so corrected or filed, as applicable, not later than one o'clock 402
p.m. on the fifth day following the election. 403
Sec. 18. Subsection (b) of section 9-1 and sections 9-15a and 9-192b of 404
the general statutes are repealed. (Effective from passage) 405
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-16
Sec. 2 from passage 9-17a
Sec. 3 from passage 9-31l
Sec. 4 from passage 9-358
Sec. 5 from passage 9-362
Sec. 6 from passage 9-35(a) and (b)
Sec. 7 from passage 9-35a
Sec. 8 from passage 9-39
Sec. 9 from passage 9-172b
Sec. 10 from passage 9-192a(d)
Sec. 11 from passage 9-192a(a)(3)
Sec. 12 from passage 9-249(b)
Sec. 13 from passage 9-233
Sec. 14 from passage 9-232n
Sec. 15 from passage 9-311(c)
Sec. 16 from passage 9-314
Sec. 17 from passage 9-322a(a)
Sec. 18 from passage Repealer section
GAE Joint Favorable