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General Assembly Raised Bill No. 472
February Session, 2022
LCO No. 3424
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING THE RECOMMENDATIONS OF THE RISK -
LIMITING AUDITS WORKING GROUP.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-320f of the 2022 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2022): 3
(a) (1) (A) [Not] Except as provided in subparagraph (B) of this 4
subdivision, (i) not earlier than the fifteenth day after any state election 5
or primary and not later than two business days before the canvass of 6
votes by the Secretary of the State, Treasurer and Comptroller, [for any 7
federal or state election or primary, or by the town clerk for] or (ii) not 8
earlier than the fifteenth day after any municipal election or primary 9
and not later than two business days before the canvass of votes by the 10
town clerk, the registrars of voters shall conduct a manual audit, or [, for 11
an election or primary held on or after January 1, 2016,] an electronic 12
audit authorized under section 9-320g, of the votes recorded at such 13
election or primary in not less than five per cent of the voting districts 14
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in the state, district or municipality, whichever is applicable. 15
(B) Not earlier than the fifteenth day after any federal election and 16
not later than two business days before the canvass of votes by the 17
Secretary of the State, Treasurer and Comptroller, the registrars of 18
voters shall conduct a comparison risk-limiting audit of the votes 19
recorded at such election in not less than five per cent of the voting 20
districts in the state. 21
(C) For the purposes of this section, any central location used in a 22
municipality for the counting of absentee ballots shall be deemed a 23
voting district. 24
(2) [Such manual or electronic] Each such audit shall be noticed in 25
advance and be open to public observation. Any election official who 26
participates in the administration and conduct of an audit pursuant to 27
this section shall be compensated by the municipality at the standard 28
rate of pay established by such municipality for elections or primaries, 29
as the case may be. 30
(b) (1) The voting districts subject to an audit described in subsection 31
(a) of this section shall be selected in a random drawing by the Secretary 32
of the State and such selection process shall be open to the public. 33
(2) (A) [The] Except as provided in subparagraph (B) of this 34
subdivision, the offices subject to [an] a manual or electronic audit 35
pursuant to this section shall be, [(1) in the case of an election where the 36
office of presidential elector is on the ballot, all offices required to be 37
audited by federal law, plus one additional office selected in a random 38
drawing by the Secretary of the State, but in no case less than three 39
offices, (2)] (i) in the case of an election where the office of Governor is 40
on the ballot, all offices required to be audited by federal law, plus one 41
additional office selected in a random drawing by the Secretary, [of the 42
State,] but in no case less than three offices, [(3)] (ii) in the case of a 43
municipal election, three offices or twenty per cent of the number of 44
offices on the ballot, whichever is greater, selected at random by the 45
municipal clerk, and [(4)] (iii) in the case of a primary, [election,] all 46
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offices required to be audited by federal law, plus one additional office, 47
if any, but in no event less than twenty per cent of the offices on the 48
ballot, selected in a random drawing by the municipal clerk. 49
(B) In the case of a federal election, the offices subject to a comparison 50
risk-limiting audit pursuant to this section shall be (i) the office of 51
presidential elector, if applicable, (ii) all applicable state offices, as 52
defined in section 9-372, (iii) at least one office of representative in 53
Congress, if applicable, (iv) at least five per cent, in the aggregate, of the 54
offices of state senator and state representative, if applicable, and (v) any 55
other office required to be audited by federal law. 56
(c) If a selected voting district has an office that is subject to recanvass 57
or an election or primary contest pursuant to the general statutes, the 58
Secretary of the State shall select an alternative district, pursuant to the 59
process described in subsection (b) of this section. 60
(d) (1) Prior to commencing an audit described in subsection (a) of 61
this section, the registrars of voters shall manually batch the paper 62
ballots to be audited in groups of not greater than fifty per batch and 63
create a ballot manifest to account for the size and location of each such 64
batch. 65
(2) [The] In the case of a manual or electronic audit described in 66
subsection (a) of this section, such audit shall consist of the manual or 67
electronic tabulation of the paper ballots cast and counted by each 68
voting tabulator subject to such audit. Once complete, the vote totals 69
established pursuant to such manual or electronic tabulation shall be 70
compared to the results reported by the voting tabulator on the day of 71
the election or primary. The results of such manual or electronic 72
tabulation shall be reported on a form prescribed by the Secretary of the 73
State which shall include the total number of ballots counted, the total 74
votes received by each candidate in question, the total votes received by 75
each candidate in question on ballots that were properly completed by 76
each voter and the total votes received by each candidate in question on 77
ballots that were not properly completed by each voter. 78
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(3) In the case of a comparison risk-limiting audit described in 79
subsection (a) of this section, such audit shall be conducted in 80
accordance with instructions and procedures prescribed by the 81
Secretary of the State. Prior to commencing any such audit, the Secretary 82
shall set the risk limit for such audit based on the margin of victory in 83
the race for the office subject to such audit, provided such risk limit shall 84
not be greater than five per cent. The results of such audit shall be 85
reported on a form and in a manner prescribed by the Secretary. 86
(4) [Such report] The results reported under subdivision (2) or (3), as 87
applicable, of this subsection shall be filed with the Secretary of the State 88
who shall immediately forward such [report] reported results to The 89
University of Connecticut for analysis. The University of Connecticut 90
shall [file] submit to the Secretary a written report [with the Secretary of 91
the State] regarding such analysis that describes any discrepancies 92
identified. After receipt of such written report, the Secretary [of the 93
State] shall [file such report with] transmit to the State Elections 94
Enforcement Commission a copy of such written report. 95
(e) For the purposes of this section, a ballot that has not been properly 96
completed will be deemed to be a ballot on which (1) votes have been 97
marked by the voter outside the vote targets, (2) votes have been marked 98
by the voter using a manual marking device that cannot be read by the 99
voting tabulator, or (3) in the judgment of the registrars of voters, the 100
voter marked the ballot in such a manner that the voting tabulator may 101
not have read the marks as votes cast. 102
(f) (1) Notwithstanding the provisions of section 9-311 and subject to 103
the provisions of subdivision (3) of this subsection, in the case of a 104
manual or electronic audit, the Secretary of the State shall order a 105
discrepancy recanvass of the returns of an election or primary for any 106
office if a discrepancy [, as defined in subsection (o) of this section,] 107
exists where the margin of victory in the race for such office is less than 108
the amount of the discrepancy multiplied by the total number of voting 109
districts where such race appeared on the ballot. [, provided in] 110
(2) Notwithstanding the provisions of section 9-311 and subject to the 111
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provisions of subdivision (3) of this subsection, in the case of a 112
comparison risk-limiting audit, the Secretary of the State shall order a 113
discrepancy recanvass of the returns of an election or primary for any 114
office if a discrepancy exists where the risk limit set by the Secretary 115
prior to the commencement of such audit is exceeded. 116
(3) In a year in which the Secretary of the State is a candidate for an 117
office on the ballot and that office is subject to an audit as provided by 118
this section, the State Elections Enforcement Commission shall order a 119
discrepancy recanvass if a discrepancy [, as defined by subsection (o) of 120
this section,] has occurred that could affect the outcome of the election 121
or primary for such office. 122
(g) If the written report submitted by The University of Connecticut 123
[report described in] under subsection (d) of this section indicates that a 124
voting tabulator failed to record votes accurately and in the manner 125
provided by the general statutes, the Secretary of the State shall require 126
that the voting tabulator be examined and recertified by the Secretary 127
[of the State,] or the Secretary's designee. Nothing in this subsection 128
shall be construed to prohibit the Secretary [of the State] from requiring 129
that a voting tabulator be examined and recertified. 130
(h) The audit [report filed] results reported to the Secretary of the 131
State pursuant to subdivision (4) of subsection (d) of this section shall be 132
open to public inspection and may be used as prima facie evidence of a 133
discrepancy in any contest arising pursuant to chapter 149 or for any 134
other cause of action arising from such election or primary. 135
(i) If the audit officials are unable to reconcile the [manual or 136
electronic] count from an audit described in subsection (a) of this section 137
with the electronic vote tabulation and discrepancies from the election 138
or primary, the Secretary of the State shall conduct such further 139
investigation of the voting tabulator malfunction as may be necessary 140
for the purpose of reviewing whether or not to decertify the voting 141
tabulator or tabulators in question or to order the voting tabulator to be 142
examined and recertified pursuant to subsection (g) of this section. Any 143
report produced by the Secretary [of the State] as a result of such 144
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investigation shall be filed with the State Elections Enforcement 145
Commission, and the commission may initiate such further 146
investigation in accordance with subdivision (1) of subsection (a) of 147
section 9-7b as may be required to determine if any violations of the 148
general statutes concerning election law have been committed. 149
(j) The individual paper ballots used at an election or primary shall 150
be carefully preserved and returned in their designated receptacle in 151
accordance with the requirements of section 9-266 or 9-310, whichever 152
is applicable. 153
(k) Nothing in this section shall be construed to preclude any 154
candidate or elector from seeking additional remedies pursuant to 155
chapter 149. 156
(l) After an election or primary, any voting tabulator may be kept 157
locked for a period longer than that prescribed by sections 9-266, 9-310 158
and 9-447, if such an extended period is ordered by either a court of 159
competent jurisdiction, the Secretary of the State or the State Elections 160
Enforcement Commission. Either the court or the Secretary of the State 161
may order an audit of such voting tabulator to be conducted by such 162
persons as the court or the Secretary [of the State] may designate, 163
provided the State Elections Enforcement Commission may order such 164
an audit under the circumstances prescribed in subsection (f) of this 165
section. If the machine utilized in such election or primary is an optical 166
scan voting system, such order to lock such machine shall include the 167
tabulator, memory card and all other components and processes utilized 168
in the programming of such machine. 169
(m) The Secretary of the State may adopt regulations, in accordance 170
with the provisions of chapter 54, as may be necessary for the conduct 171
of the manual or electronic tabulation of the paper ballots described in 172
subsection (a) of this section and to establish guidelines for expanded 173
audits when there are differences between the manual or electronic 174
counts from the audit described in subsection (a) of this section and 175
tabulator counts from the election or primary. On or after July 1, 2022, 176
the Secretary may amend such regulations as may be necessary for the 177
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conduct of comparison risk-limiting audits described in subsection (a) 178
of this section and to update such guidelines for expanded audits to 179
account for the conduct of comparison risk-limiting audits. 180
(n) Notwithstanding any provision of the general statutes, the 181
Secretary of the State shall have access to the code in any voting machine 182
whenever any problem is discovered as a result of an audit described in 183
subsection (a) of this section. 184
(o) As used in this section: [, "discrepancy"] 185
(1) "Discrepancy" means any difference in vote totals between 186
tabulator counts from an election or primary and [manual or electronic] 187
counts from an audit described in subsection (a) of this section in a 188
voting district that (A) in the case of a manual or electronic audit, 189
exceeds one-half of one per cent of the lesser amount of the vote totals 190
between such tabulator counts and [such] the manual or electronic 191
counts where such differences cannot be resolved through an 192
accounting of ballots that were not marked properly in accordance with 193
subsection (e) of this section, ["state election" means "state election", as 194
defined in section 9-1, "municipal election"] and (B) in the case of a 195
comparison risk-limiting audit, exceeds the risk limit set by the 196
Secretary of the State prior to the commencement of such audit; 197
(2) "State election" has the same meaning as provided in section 9-1; 198
(3) "Municipal election" means a municipal election held pursuant to 199
section 9-164; [, "manual"] 200
(4) "Federal election" has the same meaning as provided in section 9-201
158a; 202
(5) "Manual" means by hand and without the assistance of electronic 203
equipment; [and "electronic"] 204
(6) "Electronic" means through the use of equipment described in 205
section 9-320g; and 206
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(7) "Risk limit" means the maximum allowable likelihood that an 207
audit described in subparagraph (B) of subdivision (1) of subsection (a) 208
of this section fails to detect a difference in vote totals between tabulator 209
counts from an election or primary and counts from such audit in a 210
voting district. 211
Sec. 2. Section 9-323 of the general statutes is repealed and the 212
following is substituted in lieu thereof (Effective July 1, 2022): 213
Any elector or candidate who claims that he is aggrieved by any 214
ruling of any election official in connection with any election for 215
presidential electors and for a senator in Congress and for 216
representative in Congress or any of them, held in his town, or that there 217
was a mistake in the count of the votes cast at such election for 218
candidates for such electors, senator in Congress and representative in 219
Congress, or any of them, at any voting district in his town, or any 220
candidate for such an office who claims that he is aggrieved by a 221
violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-222
364, 9-364a or 9-365 in the casting of absentee ballots at such election, 223
may bring his complaint to any judge of the Supreme Court, in which 224
he shall set out the claimed errors of such election official, the claimed 225
errors in the count or the claimed violations of said sections. In any 226
action brought pursuant to the provisions of this section, the 227
complainant shall file a certification attached to the complaint indicating 228
that a copy of the complaint has been sent by first-class mail or delivered 229
to the State Elections Enforcement Commission. If such complaint is 230
made prior to such election, such judge shall proceed expeditiously to 231
render judgment on the complaint and shall cause notice of the hearing 232
to be given to the Secretary of the State and the State Elections 233
Enforcement Commission. If such complaint is made subsequent to the 234
election, it shall be brought not later than fourteen days after the election 235
or, if such complaint is brought in response to [the manual tabulation of 236
paper ballots authorized] an audit conducted pursuant to section 9-320f, 237
as amended by this act, such complaint shall be brought not later than 238
seven days after the close of any such [manual tabulation] audit, and in 239
either such circumstance, the judge shall forthwith order a hearing to be 240
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had upon such complaint, upon a day not more than five or less than 241
three days from the making of such order, and shall cause notice of not 242
less than three or more than five days to be given to any candidate or 243
candidates whose election may be affected by the decision upon such 244
hearing, to such election official, to the Secretary of the State, to the State 245
Elections Enforcement Commission and to any other party or parties 246
whom such judge deems proper parties thereto, of the time and place 247
for the hearing upon such complaint. Such judge, with two other judges 248
of the Supreme Court to be designated by the Chief Court 249
Administrator, shall, on the day fixed for such hearing and without 250
unnecessary delay, proceed to hear the parties. If sufficient reason is 251
shown, such judges may order any voting tabulators to be unlocked or 252
any ballot boxes to be opened and a recount of the votes cast, including 253
absentee ballots, to be made. Such judges shall thereupon, in the case 254
they, or any two of them, find any error in the rulings of the election 255
official, any mistake in the count of such votes or any violation of said 256
sections, certify the result of their finding or decision, or the finding or 257
decision of a majority of them, to the Secretary of the State before the 258
first Monday after the second Wednesday in December. Such judges 259
may order a new election or a change in the existing election schedule, 260
provided such order complies with Section 302 of the Help America 261
Vote Act, P.L. 107-252, as amended from time to time. Such certificate of 262
such judges, or a majority of them, shall be final upon all questions 263
relating to the rulings of such election officials, to the correctness of such 264
count and, for the purposes of this section only, such claimed violations, 265
and shall operate to correct the returns of the moderators or presiding 266
officers so as to conform to such finding or decision. 267
Sec. 3. Section 9-324 of the general statutes is repealed and the 268
following is substituted in lieu thereof (Effective July 1, 2022): 269
Any elector or candidate who claims that such elector or candidate is 270
aggrieved by any ruling of any election official in connection with any 271
election for Governor, Lieutenant Governor, Secretary of the State, State 272
Treasurer, Attorney General, State Comptroller or judge of probate, held 273
in such elector's or candidate's town, or that there has been a mistake in 274
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the count of the votes cast at such election for candidates for said offices 275
or any of them, at any voting district in such elector's or candidate's 276
town, or any candidate for such an office who claims that such candidate 277
is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-278
361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 279
such election or any candidate for the office of Governor, Lieutenant 280
Governor, Secretary of the State, State Treasurer, Attorney General or 281
State Comptroller, who claims that such candidate is aggrieved by a 282
violation of any provision of sections 9-700 to 9-716, inclusive, may bring 283
such elector's or candidate's complaint to any judge of the Superior 284
Court, in which such elector or candidate shall set out the claimed errors 285
of such election official, the claimed errors in the count or the claimed 286
violations of said sections. In any action brought pursuant to the 287
provisions of this section, the complainant shall send a copy of the 288
complaint by first-class mail, or deliver a copy of the complaint by hand, 289
to the State Elections Enforcement Commission. If such complaint is 290
made prior to such election, such judge shall proceed expeditiously to 291
render judgment on the complaint and shall cause notice of the hearing 292
to be given to the Secretary of the State and the State Elections 293
Enforcement Commission. If such complaint is made subsequent to the 294
election, it shall be brought not later than fourteen days after the election 295
or, if such complaint is brought in response to [the manual tabulation of 296
paper ballots authorized] an audit conducted pursuant to section 9-320f, 297
as amended by this act, such complaint shall be brought not later than 298
seven days after the close of any such [manual tabulation] audit and, in 299
either such circumstance, such judge shall forthwith order a hearing to 300
be had upon such complaint, upon a day not more than five nor less 301
than three days from the making of such order, and shall cause notice of 302
not less than three nor more than five days to be given to any candidate 303
or candidates whose election may be affected by the decision upon such 304
hearing, to such election official, the Secretary of the State, the State 305
Elections Enforcement Commission and to any other party or parties 306
whom such judge deems proper parties thereto, of the time and place 307
for the hearing upon such complaint. Such judge shall, on the day fixed 308
for such hearing and without unnecessary delay, proceed to hear the 309
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parties. If sufficient reason is shown, such judge may order any voting 310
tabulators to be unlocked or any ballot boxes to be opened and a recount 311
of the votes cast, including absentee ballots, to be made. Such judge shall 312
thereupon, in case such judge finds any error in the rulings of the 313
election official, any mistake in the count of the votes or any violation of 314
said sections, certify the result of such judge's finding or decision to the 315
Secretary of the State before the fifteenth day of the next succeeding 316
December. Such judge may order a new election or a change in the 317
existing election schedule. Such certificate of such judge of such judge's 318
finding or decision shall be final and conclusive upon all questions 319
relating to errors in the rulings of such election officials, to the 320
correctness of such count, and, for the purposes of this section only, such 321
claimed violations, and shall operate to correct the returns of the 322
moderators or presiding officers, so as to conform to such finding or 323
decision, unless the same is appealed from as provided in section 9-325. 324
Sec. 4. Section 9-328 of the general statutes is repealed and the 325
following is substituted in lieu thereof (Effective July 1, 2022): 326
Any elector or candidate claiming to have been aggrieved by any 327
ruling of any election official in connection with an election for any 328
municipal office or a primary for justice of the peace, or any elector or 329
candidate claiming that there has been a mistake in the count of votes 330
cast for any such office at such election or primary, or any candidate in 331
such an election or primary claiming that he is aggrieved by a violation 332
of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 333
or 9-365 in the casting of absentee ballots at such election or primary, 334
may bring a complaint to any judge of the Superior Court for relief 335
therefrom. In any action brought pursuant to the provisions of this 336
section, the complainant shall send a copy of the complaint by first-class 337
mail, or deliver a copy of the complaint by hand, to the State Elections 338
Enforcement Commission. If such complaint is made prior to such 339
election or primary, such judge shall proceed expeditiously to render 340
judgment on the complaint and shall cause notice of the hearing to be 341
given to the Secretary of the State and the State Elections Enforcement 342
Commission. If such complaint is made subsequent to such election or 343
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primary, it shall be brought not later than fourteen days after such 344
election or primary, except that if such complaint is brought in response 345
to [the manual tabulation of paper ballots, authorized] an audit 346
conducted pursuant to section 9-320f, as amended by this act, such 347
complaint shall be brought not later than seven days after the close of 348
any such [manual tabulation] audit, to any judge of the Superior Court, 349
in which he shall set out the claimed errors of the election official, the 350
claimed errors in the count or the claimed violations of said sections. 351
Such judge shall forthwith order a hearing to be had upon such 352
complaint, upon a day not more than five nor less than three days from 353
the making of such order, and shall cause notice of not less than three 354
nor more than five days to be given to any candidate or candidates 355
whose election or nomination may be affected by the decision upon such 356
hearing, to such election official, the Secretary of the State, the State 357
Elections Enforcement Commission and to any other party or parties 358
whom such judge deems proper parties thereto, of the time and place 359
for the hearing upon such complaint. Such judge shall, on the day fixed 360
for such hearing and without unnecessary delay, proceed to hear the 361
parties. If sufficient reason is shown, he may order any voting tabulators 362
to be unlocked or any ballot boxes to be opened and a recount of the 363
votes cast, including absentee ballots, to be made. Such judge shall 364
thereupon, if he finds any error in the rulings of the election official or 365
any mistake in the count of the votes, certify the result of his finding or 366
decision to the Secretary of the State before the tenth day succeeding the 367
conclusion of the hearing. Such judge may order a new election or 368
primary or a change in the existing election schedule. Such certificate of 369
such judge of his finding or decision shall be final and conclusive upon 370
all questions relating to errors in the ruling of such election officials, to 371
the correctness of such count, and, for the purposes of this section only, 372
such claimed violations, and shall operate to correct the returns of the 373
moderators or presiding officers, so as to conform to such finding or 374
decision, except that this section shall not affect the right of appeal to the 375
Supreme Court and it shall not prevent such judge from reserving such 376
questions of law for the advice of the Supreme Court as provided in 377
section 9-325. Such judge may, if necessary, issue his writ of mandamus, 378
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requiring the adverse party and those under him to deliver to the 379
complainant the appurtenances of such office, and shall cause his 380
finding and decree to be entered on the records of the Superior Court in 381
the proper judicial district. 382
Sec. 5. Subsection (a) of section 9-329a of the general statutes is 383
repealed and the following is substituted in lieu thereof (Effective July 1, 384
2022): 385
(a) Any (1) elector or candidate aggrieved by a ruling of an election 386
official in connection with any primary held pursuant to (A) section 9-387
423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 388
alleges that there has been a mistake in the count of the votes cast at such 389
primary, or (3) candidate in such a primary who alleges that he is 390
aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-391
361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 392
such primary, may bring his complaint to any judge of the Superior 393
Court for appropriate action. In any action brought pursuant to the 394
provisions of this section, the complainant shall file a certification 395
attached to the complaint indicating that a copy of the complaint has 396
been sent by first-class mail or delivered to the State Elections 397
Enforcement Commission. If such complaint is made prior to such 398
primary such judge shall proceed expeditiously to render judgment on 399
the complaint and shall cause notice of the hearing to be given to the 400
Secretary of the State and the State Elections Enforcement Commission. 401
If such complaint is made subsequent to such primary it shall be 402
brought, not later than fourteen days after such primary, or if such 403
complaint is brought in response to [the manual tabulation of paper 404
ballots, described in] an audit conducted pursuant to section 9-320f, as 405
amended by this act, such complaint shall be brought, not later than 406
seven days after the close of any such [manual tabulation] audit, to any 407
judge of the Superior Court. 408
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 9-320f
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Sec. 2 July 1, 2022 9-323
Sec. 3 July 1, 2022 9-324
Sec. 4 July 1, 2022 9-328
Sec. 5 July 1, 2022 9-329a(a)
Statement of Purpose:
To implement the recommendations of the risk-limiting audits working
group.
[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.]