CT
Connecticut Senate Bill SB00472

Connecticut 2022 Regular Session

Connecticut Senate Bill SB00472 Compare Versions

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7-General Assembly Substitute Bill No. 472
4+LCO No. 3424 1 of 14
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6+General Assembly Raised Bill No. 472
87 February Session, 2022
8+LCO No. 3424
99
10+
11+Referred to Committee on GOVERNMENT ADMINISTRATION
12+AND ELECTIONS
13+
14+
15+Introduced by:
16+(GAE)
1017
1118
1219
1320
1421 AN ACT CONCERNING THE RECOMMENDATIONS OF THE RISK -
1522 LIMITING AUDITS WORKING GROUP.
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
19-Section 1. (NEW) (Effective January 1, 2024) (a) Not earlier than the 1
20-fifteenth day after any state election and not later than two business 2
21-days before the canvass of votes by the Secretary of the State, Treasurer 3
22-and Comptroller, commencing on a day designated by the Secretary, the 4
23-registrars of voters shall conduct a risk-limiting audit of such election. 5
24-Each such audit shall be noticed in advance and be open to public 6
25-observation. Any election official who participates in the administration 7
26-and conduct of an audit pursuant to this section shall be compensated 8
27-by the municipality at the standard rate of pay established by such 9
28-municipality for elections. 10
29-(b) (1) Except as provided in subdivision (2) of this subsection, the 11
30-offices subject to a risk-limiting audit pursuant to this section shall be 12
31-(A) the office of presidential elector, if applicable, (B) all applicable state 13
32-offices, as defined in section 9-372 of the general statutes, (C) at least one 14
33-representative in Congress, selected in a random drawing by the 15
34-Secretary of the State, (D) at least five per cent, in the aggregate, of the 16
35-offices of state senator and state representative, selected in a random 17
36-drawing by the Secretary, and (E) any other office required to be audited 18 Substitute Bill No. 472
26+Section 1. Section 9-320f of the 2022 supplement to the general 1
27+statutes is repealed and the following is substituted in lieu thereof 2
28+(Effective July 1, 2022): 3
29+(a) (1) (A) [Not] Except as provided in subparagraph (B) of this 4
30+subdivision, (i) not earlier than the fifteenth day after any state election 5
31+or primary and not later than two business days before the canvass of 6
32+votes by the Secretary of the State, Treasurer and Comptroller, [for any 7
33+federal or state election or primary, or by the town clerk for] or (ii) not 8
34+earlier than the fifteenth day after any municipal election or primary 9
35+and not later than two business days before the canvass of votes by the 10
36+town clerk, the registrars of voters shall conduct a manual audit, or [, for 11
37+an election or primary held on or after January 1, 2016,] an electronic 12
38+audit authorized under section 9-320g, of the votes recorded at such 13
39+election or primary in not less than five per cent of the voting districts 14
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42+in the state, district or municipality, whichever is applicable. 15
43+(B) Not earlier than the fifteenth day after any federal election and 16
44+not later than two business days before the canvass of votes by the 17
45+Secretary of the State, Treasurer and Comptroller, the registrars of 18
46+voters shall conduct a comparison risk-limiting audit of the votes 19
47+recorded at such election in not less than five per cent of the voting 20
48+districts in the state. 21
49+(C) For the purposes of this section, any central location used in a 22
50+municipality for the counting of absentee ballots shall be deemed a 23
51+voting district. 24
52+(2) [Such manual or electronic] Each such audit shall be noticed in 25
53+advance and be open to public observation. Any election official who 26
54+participates in the administration and conduct of an audit pursuant to 27
55+this section shall be compensated by the municipality at the standard 28
56+rate of pay established by such municipality for elections or primaries, 29
57+as the case may be. 30
58+(b) (1) The voting districts subject to an audit described in subsection 31
59+(a) of this section shall be selected in a random drawing by the Secretary 32
60+of the State and such selection process shall be open to the public. 33
61+(2) (A) [The] Except as provided in subparagraph (B) of this 34
62+subdivision, the offices subject to [an] a manual or electronic audit 35
63+pursuant to this section shall be, [(1) in the case of an election where the 36
64+office of presidential elector is on the ballot, all offices required to be 37
65+audited by federal law, plus one additional office selected in a random 38
66+drawing by the Secretary of the State, but in no case less than three 39
67+offices, (2)] (i) in the case of an election where the office of Governor is 40
68+on the ballot, all offices required to be audited by federal law, plus one 41
69+additional office selected in a random drawing by the Secretary, [of the 42
70+State,] but in no case less than three offices, [(3)] (ii) in the case of a 43
71+municipal election, three offices or twenty per cent of the number of 44
72+offices on the ballot, whichever is greater, selected at random by the 45
73+municipal clerk, and [(4)] (iii) in the case of a primary, [election,] all 46
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76+offices required to be audited by federal law, plus one additional office, 47
77+if any, but in no event less than twenty per cent of the offices on the 48
78+ballot, selected in a random drawing by the municipal clerk. 49
79+(B) In the case of a federal election, the offices subject to a comparison 50
80+risk-limiting audit pursuant to this section shall be (i) the office of 51
81+presidential elector, if applicable, (ii) all applicable state offices, as 52
82+defined in section 9-372, (iii) at least one office of representative in 53
83+Congress, if applicable, (iv) at least five per cent, in the aggregate, of the 54
84+offices of state senator and state representative, if applicable, and (v) any 55
85+other office required to be audited by federal law. 56
86+(c) If a selected voting district has an office that is subject to recanvass 57
87+or an election or primary contest pursuant to the general statutes, the 58
88+Secretary of the State shall select an alternative district, pursuant to the 59
89+process described in subsection (b) of this section. 60
90+(d) (1) Prior to commencing an audit described in subsection (a) of 61
91+this section, the registrars of voters shall manually batch the paper 62
92+ballots to be audited in groups of not greater than fifty per batch and 63
93+create a ballot manifest to account for the size and location of each such 64
94+batch. 65
95+(2) [The] In the case of a manual or electronic audit described in 66
96+subsection (a) of this section, such audit shall consist of the manual or 67
97+electronic tabulation of the paper ballots cast and counted by each 68
98+voting tabulator subject to such audit. Once complete, the vote totals 69
99+established pursuant to such manual or electronic tabulation shall be 70
100+compared to the results reported by the voting tabulator on the day of 71
101+the election or primary. The results of such manual or electronic 72
102+tabulation shall be reported on a form prescribed by the Secretary of the 73
103+State which shall include the total number of ballots counted, the total 74
104+votes received by each candidate in question, the total votes received by 75
105+each candidate in question on ballots that were properly completed by 76
106+each voter and the total votes received by each candidate in question on 77
107+ballots that were not properly completed by each voter. 78
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43-by federal law. Whenever an office is randomly selected by the Secretary 19
44-under this subsection, the selection process shall be open to the public. 20
45-(2) (A) If an office of representative in Congress is subject to recanvass 21
46-or an election contest pursuant to the general statutes, the Secretary of 22
47-the State shall ensure such office is included in the office or offices 23
48-selected under subparagraph (C) of subdivision (1) of this subsection. 24
49-(B) If an office of state senator or state representative is subject to 25
50-recanvass or an election contest pursuant to the general statutes, the 26
51-Secretary of the State shall ensure such office is included in the offices 27
52-selected under subparagraph (D) of subdivision (1) of this subsection. 28
53-(c) Prior to the day designated by the Secretary of the State for the 29
54-commencement of the risk-limiting audit described in subsection (a) of 30
55-this section, the registrars of voters shall submit to the Secretary the 31
56-ballot manifests created under section 3 of this act. 32
57-(d) The risk-limiting audit described in subsection (a) of this section 33
58-shall be conducted in accordance with instructions and procedures 34
59-prescribed by the Secretary of the State, which instructions and 35
60-procedures shall be consistent across all offices. The risk limit for each 36
61-such audit shall be not more than five per cent. The results of each audit 37
62-conducted pursuant to this section, including any such audit that 38
63-produces an outcome of "INCONCLUSIVE" as described in subsection 39
64-(e) of this section, shall be reported on a form and in a manner 40
65-prescribed by the Secretary. Such reported results shall be filed with the 41
66-Secretary, who shall immediately forward such reported results to The 42
67-University of Connecticut for analysis. The University of Connecticut 43
68-shall submit to the Secretary a written report regarding such analysis 44
69-that describes any concerns identified. After receipt of such written 45
70-report, the Secretary shall transmit to the State Elections Enforcement 46
71-Commission a copy of such written report. 47
72-(e) In the event a risk-limiting audit conducted pursuant to this 48
73-section for a particular office produces an outcome of 49 Substitute Bill No. 472
110+(3) In the case of a comparison risk-limiting audit described in 79
111+subsection (a) of this section, such audit shall be conducted in 80
112+accordance with instructions and procedures prescribed by the 81
113+Secretary of the State. Prior to commencing any such audit, the Secretary 82
114+shall set the risk limit for such audit based on the margin of victory in 83
115+the race for the office subject to such audit, provided such risk limit shall 84
116+not be greater than five per cent. The results of such audit shall be 85
117+reported on a form and in a manner prescribed by the Secretary. 86
118+(4) [Such report] The results reported under subdivision (2) or (3), as 87
119+applicable, of this subsection shall be filed with the Secretary of the State 88
120+who shall immediately forward such [report] reported results to The 89
121+University of Connecticut for analysis. The University of Connecticut 90
122+shall [file] submit to the Secretary a written report [with the Secretary of 91
123+the State] regarding such analysis that describes any discrepancies 92
124+identified. After receipt of such written report, the Secretary [of the 93
125+State] shall [file such report with] transmit to the State Elections 94
126+Enforcement Commission a copy of such written report. 95
127+(e) For the purposes of this section, a ballot that has not been properly 96
128+completed will be deemed to be a ballot on which (1) votes have been 97
129+marked by the voter outside the vote targets, (2) votes have been marked 98
130+by the voter using a manual marking device that cannot be read by the 99
131+voting tabulator, or (3) in the judgment of the registrars of voters, the 100
132+voter marked the ballot in such a manner that the voting tabulator may 101
133+not have read the marks as votes cast. 102
134+(f) (1) Notwithstanding the provisions of section 9-311 and subject to 103
135+the provisions of subdivision (3) of this subsection, in the case of a 104
136+manual or electronic audit, the Secretary of the State shall order a 105
137+discrepancy recanvass of the returns of an election or primary for any 106
138+office if a discrepancy [, as defined in subsection (o) of this section,] 107
139+exists where the margin of victory in the race for such office is less than 108
140+the amount of the discrepancy multiplied by the total number of voting 109
141+districts where such race appeared on the ballot. [, provided in] 110
142+(2) Notwithstanding the provisions of section 9-311 and subject to the 111
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145+provisions of subdivision (3) of this subsection, in the case of a 112
146+comparison risk-limiting audit, the Secretary of the State shall order a 113
147+discrepancy recanvass of the returns of an election or primary for any 114
148+office if a discrepancy exists where the risk limit set by the Secretary 115
149+prior to the commencement of such audit is exceeded. 116
150+(3) In a year in which the Secretary of the State is a candidate for an 117
151+office on the ballot and that office is subject to an audit as provided by 118
152+this section, the State Elections Enforcement Commission shall order a 119
153+discrepancy recanvass if a discrepancy [, as defined by subsection (o) of 120
154+this section,] has occurred that could affect the outcome of the election 121
155+or primary for such office. 122
156+(g) If the written report submitted by The University of Connecticut 123
157+[report described in] under subsection (d) of this section indicates that a 124
158+voting tabulator failed to record votes accurately and in the manner 125
159+provided by the general statutes, the Secretary of the State shall require 126
160+that the voting tabulator be examined and recertified by the Secretary 127
161+[of the State,] or the Secretary's designee. Nothing in this subsection 128
162+shall be construed to prohibit the Secretary [of the State] from requiring 129
163+that a voting tabulator be examined and recertified. 130
164+(h) The audit [report filed] results reported to the Secretary of the 131
165+State pursuant to subdivision (4) of subsection (d) of this section shall be 132
166+open to public inspection and may be used as prima facie evidence of a 133
167+discrepancy in any contest arising pursuant to chapter 149 or for any 134
168+other cause of action arising from such election or primary. 135
169+(i) If the audit officials are unable to reconcile the [manual or 136
170+electronic] count from an audit described in subsection (a) of this section 137
171+with the electronic vote tabulation and discrepancies from the election 138
172+or primary, the Secretary of the State shall conduct such further 139
173+investigation of the voting tabulator malfunction as may be necessary 140
174+for the purpose of reviewing whether or not to decertify the voting 141
175+tabulator or tabulators in question or to order the voting tabulator to be 142
176+examined and recertified pursuant to subsection (g) of this section. Any 143
177+report produced by the Secretary [of the State] as a result of such 144
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180+investigation shall be filed with the State Elections Enforcement 145
181+Commission, and the commission may initiate such further 146
182+investigation in accordance with subdivision (1) of subsection (a) of 147
183+section 9-7b as may be required to determine if any violations of the 148
184+general statutes concerning election law have been committed. 149
185+(j) The individual paper ballots used at an election or primary shall 150
186+be carefully preserved and returned in their designated receptacle in 151
187+accordance with the requirements of section 9-266 or 9-310, whichever 152
188+is applicable. 153
189+(k) Nothing in this section shall be construed to preclude any 154
190+candidate or elector from seeking additional remedies pursuant to 155
191+chapter 149. 156
192+(l) After an election or primary, any voting tabulator may be kept 157
193+locked for a period longer than that prescribed by sections 9-266, 9-310 158
194+and 9-447, if such an extended period is ordered by either a court of 159
195+competent jurisdiction, the Secretary of the State or the State Elections 160
196+Enforcement Commission. Either the court or the Secretary of the State 161
197+may order an audit of such voting tabulator to be conducted by such 162
198+persons as the court or the Secretary [of the State] may designate, 163
199+provided the State Elections Enforcement Commission may order such 164
200+an audit under the circumstances prescribed in subsection (f) of this 165
201+section. If the machine utilized in such election or primary is an optical 166
202+scan voting system, such order to lock such machine shall include the 167
203+tabulator, memory card and all other components and processes utilized 168
204+in the programming of such machine. 169
205+(m) The Secretary of the State may adopt regulations, in accordance 170
206+with the provisions of chapter 54, as may be necessary for the conduct 171
207+of the manual or electronic tabulation of the paper ballots described in 172
208+subsection (a) of this section and to establish guidelines for expanded 173
209+audits when there are differences between the manual or electronic 174
210+counts from the audit described in subsection (a) of this section and 175
211+tabulator counts from the election or primary. On or after July 1, 2022, 176
212+the Secretary may amend such regulations as may be necessary for the 177
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80-"INCONCLUSIVE", the Secretary of the State shall order a manual 50
81-recount of all ballots cast for such office. 51
82-(f) If the written report submitted by The University of Connecticut 52
83-under subsection (d) of this section indicates that a voting tabulator 53
84-failed to record votes accurately and in the manner provided by the 54
85-general statutes, the Secretary of the State shall require that the voting 55
86-tabulator be examined and recertified by the Secretary, or the Secretary's 56
87-designee. Nothing in this subsection shall be construed to prohibit the 57
88-Secretary from requiring that a voting tabulator be examined and 58
89-recertified. 59
90-(g) The audit results reported to the Secretary of the State pursuant to 60
91-subsection (d) of this section shall be open to public inspection and may 61
92-be used as prima facie evidence of an irregularity in any contest arising 62
93-pursuant to chapter 149 of the general statutes or for any other cause of 63
94-action arising from such election. 64
95-(h) If the audit officials are unable to reconcile the results from an 65
96-audit described in subsection (a) of this section with the outcome of the 66
97-person declared elected by virtue of having received the greatest 67
98-number of votes, as determined by the paper ballots, the Secretary of the 68
99-State shall conduct such further investigation of the voting tabulator as 69
100-may be necessary for the purpose of reviewing whether or not to 70
101-decertify the voting tabulator or tabulators in question or to order the 71
102-voting tabulator to be examined and recertified pursuant to subsection 72
103-(f) of this section. Any report produced by the Secretary as a result of 73
104-such investigation shall be filed with the State Elections Enforcement 74
105-Commission, and the commission may initiate such further 75
106-investigation in accordance with subdivision (1) of subsection (a) of 76
107-section 9-7b of the general statutes as may be required to determine if 77
108-any violations of the general statutes concerning election law have been 78
109-committed. 79
110-(i) The individual paper ballots used at an election shall be carefully 80
111-preserved and returned in their designated receptacle in accordance 81 Substitute Bill No. 472
215+conduct of comparison risk-limiting audits described in subsection (a) 178
216+of this section and to update such guidelines for expanded audits to 179
217+account for the conduct of comparison risk-limiting audits. 180
218+(n) Notwithstanding any provision of the general statutes, the 181
219+Secretary of the State shall have access to the code in any voting machine 182
220+whenever any problem is discovered as a result of an audit described in 183
221+subsection (a) of this section. 184
222+(o) As used in this section: [, "discrepancy"] 185
223+(1) "Discrepancy" means any difference in vote totals between 186
224+tabulator counts from an election or primary and [manual or electronic] 187
225+counts from an audit described in subsection (a) of this section in a 188
226+voting district that (A) in the case of a manual or electronic audit, 189
227+exceeds one-half of one per cent of the lesser amount of the vote totals 190
228+between such tabulator counts and [such] the manual or electronic 191
229+counts where such differences cannot be resolved through an 192
230+accounting of ballots that were not marked properly in accordance with 193
231+subsection (e) of this section, ["state election" means "state election", as 194
232+defined in section 9-1, "municipal election"] and (B) in the case of a 195
233+comparison risk-limiting audit, exceeds the risk limit set by the 196
234+Secretary of the State prior to the commencement of such audit; 197
235+(2) "State election" has the same meaning as provided in section 9-1; 198
236+(3) "Municipal election" means a municipal election held pursuant to 199
237+section 9-164; [, "manual"] 200
238+(4) "Federal election" has the same meaning as provided in section 9-201
239+158a; 202
240+(5) "Manual" means by hand and without the assistance of electronic 203
241+equipment; [and "electronic"] 204
242+(6) "Electronic" means through the use of equipment described in 205
243+section 9-320g; and 206
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246+(7) "Risk limit" means the maximum allowable likelihood that an 207
247+audit described in subparagraph (B) of subdivision (1) of subsection (a) 208
248+of this section fails to detect a difference in vote totals between tabulator 209
249+counts from an election or primary and counts from such audit in a 210
250+voting district. 211
251+Sec. 2. Section 9-323 of the general statutes is repealed and the 212
252+following is substituted in lieu thereof (Effective July 1, 2022): 213
253+Any elector or candidate who claims that he is aggrieved by any 214
254+ruling of any election official in connection with any election for 215
255+presidential electors and for a senator in Congress and for 216
256+representative in Congress or any of them, held in his town, or that there 217
257+was a mistake in the count of the votes cast at such election for 218
258+candidates for such electors, senator in Congress and representative in 219
259+Congress, or any of them, at any voting district in his town, or any 220
260+candidate for such an office who claims that he is aggrieved by a 221
261+violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-222
262+364, 9-364a or 9-365 in the casting of absentee ballots at such election, 223
263+may bring his complaint to any judge of the Supreme Court, in which 224
264+he shall set out the claimed errors of such election official, the claimed 225
265+errors in the count or the claimed violations of said sections. In any 226
266+action brought pursuant to the provisions of this section, the 227
267+complainant shall file a certification attached to the complaint indicating 228
268+that a copy of the complaint has been sent by first-class mail or delivered 229
269+to the State Elections Enforcement Commission. If such complaint is 230
270+made prior to such election, such judge shall proceed expeditiously to 231
271+render judgment on the complaint and shall cause notice of the hearing 232
272+to be given to the Secretary of the State and the State Elections 233
273+Enforcement Commission. If such complaint is made subsequent to the 234
274+election, it shall be brought not later than fourteen days after the election 235
275+or, if such complaint is brought in response to [the manual tabulation of 236
276+paper ballots authorized] an audit conducted pursuant to section 9-320f, 237
277+as amended by this act, such complaint shall be brought not later than 238
278+seven days after the close of any such [manual tabulation] audit, and in 239
279+either such circumstance, the judge shall forthwith order a hearing to be 240
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282+had upon such complaint, upon a day not more than five or less than 241
283+three days from the making of such order, and shall cause notice of not 242
284+less than three or more than five days to be given to any candidate or 243
285+candidates whose election may be affected by the decision upon such 244
286+hearing, to such election official, to the Secretary of the State, to the State 245
287+Elections Enforcement Commission and to any other party or parties 246
288+whom such judge deems proper parties thereto, of the time and place 247
289+for the hearing upon such complaint. Such judge, with two other judges 248
290+of the Supreme Court to be designated by the Chief Court 249
291+Administrator, shall, on the day fixed for such hearing and without 250
292+unnecessary delay, proceed to hear the parties. If sufficient reason is 251
293+shown, such judges may order any voting tabulators to be unlocked or 252
294+any ballot boxes to be opened and a recount of the votes cast, including 253
295+absentee ballots, to be made. Such judges shall thereupon, in the case 254
296+they, or any two of them, find any error in the rulings of the election 255
297+official, any mistake in the count of such votes or any violation of said 256
298+sections, certify the result of their finding or decision, or the finding or 257
299+decision of a majority of them, to the Secretary of the State before the 258
300+first Monday after the second Wednesday in December. Such judges 259
301+may order a new election or a change in the existing election schedule, 260
302+provided such order complies with Section 302 of the Help America 261
303+Vote Act, P.L. 107-252, as amended from time to time. Such certificate of 262
304+such judges, or a majority of them, shall be final upon all questions 263
305+relating to the rulings of such election officials, to the correctness of such 264
306+count and, for the purposes of this section only, such claimed violations, 265
307+and shall operate to correct the returns of the moderators or presiding 266
308+officers so as to conform to such finding or decision. 267
309+Sec. 3. Section 9-324 of the general statutes is repealed and the 268
310+following is substituted in lieu thereof (Effective July 1, 2022): 269
311+Any elector or candidate who claims that such elector or candidate is 270
312+aggrieved by any ruling of any election official in connection with any 271
313+election for Governor, Lieutenant Governor, Secretary of the State, State 272
314+Treasurer, Attorney General, State Comptroller or judge of probate, held 273
315+in such elector's or candidate's town, or that there has been a mistake in 274
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118-with the requirements of section 9-266 or 9-310 of the general statutes, 82
119-whichever is applicable. 83
120-(j) Nothing in this section shall be construed to preclude any 84
121-candidate or elector from seeking additional remedies pursuant to 85
122-chapter 149 of the general statutes. 86
123-(k) After an election, any voting tabulator may be kept locked for a 87
124-period longer than that prescribed by sections 9-266, 9-310 and 9-447 of 88
125-the general statutes, if such an extended period is ordered by either a 89
126-court of competent jurisdiction, the Secretary of the State or the State 90
127-Elections Enforcement Commission. Either the court or the Secretary of 91
128-the State may order an audit of such voting tabulator to be conducted 92
129-by such persons as the court or the Secretary may designate, provided 93
130-the State Elections Enforcement Commission may order such an audit 94
131-under the circumstances described in subsection (e) of this section. If the 95
132-machine utilized in such election is an optical scan voting system, such 96
133-order to lock such machine shall include the tabulator, memory card and 97
134-all other components and processes utilized in the programming of such 98
135-machine. 99
136-(l) The Secretary of the State may adopt regulations, in accordance 100
137-with the provisions of chapter 54 of the general statutes, as may be 101
138-necessary for the conduct of risk-limiting audits described in subsection 102
139-(a) of this section and to establish guidelines for expanded audits when 103
140-the results from such an audit cannot be reconciled with the outcome of 104
141-the person declared elected by virtue of having received the greatest 105
142-number of votes, as determined by the paper ballots. 106
143-(m) Notwithstanding any provision of the general statutes, the 107
144-Secretary of the State shall have access to the code in any voting machine 108
145-whenever any problem is discovered as a result of an audit described in 109
146-subsection (a) of this section. 110
147-(n) As used in this section: 111
148-(1) "Risk-limiting audit" means a publicly verifiable auditing 112 Substitute Bill No. 472
318+the count of the votes cast at such election for candidates for said offices 275
319+or any of them, at any voting district in such elector's or candidate's 276
320+town, or any candidate for such an office who claims that such candidate 277
321+is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-278
322+361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 279
323+such election or any candidate for the office of Governor, Lieutenant 280
324+Governor, Secretary of the State, State Treasurer, Attorney General or 281
325+State Comptroller, who claims that such candidate is aggrieved by a 282
326+violation of any provision of sections 9-700 to 9-716, inclusive, may bring 283
327+such elector's or candidate's complaint to any judge of the Superior 284
328+Court, in which such elector or candidate shall set out the claimed errors 285
329+of such election official, the claimed errors in the count or the claimed 286
330+violations of said sections. In any action brought pursuant to the 287
331+provisions of this section, the complainant shall send a copy of the 288
332+complaint by first-class mail, or deliver a copy of the complaint by hand, 289
333+to the State Elections Enforcement Commission. If such complaint is 290
334+made prior to such election, such judge shall proceed expeditiously to 291
335+render judgment on the complaint and shall cause notice of the hearing 292
336+to be given to the Secretary of the State and the State Elections 293
337+Enforcement Commission. If such complaint is made subsequent to the 294
338+election, it shall be brought not later than fourteen days after the election 295
339+or, if such complaint is brought in response to [the manual tabulation of 296
340+paper ballots authorized] an audit conducted pursuant to section 9-320f, 297
341+as amended by this act, such complaint shall be brought not later than 298
342+seven days after the close of any such [manual tabulation] audit and, in 299
343+either such circumstance, such judge shall forthwith order a hearing to 300
344+be had upon such complaint, upon a day not more than five nor less 301
345+than three days from the making of such order, and shall cause notice of 302
346+not less than three nor more than five days to be given to any candidate 303
347+or candidates whose election may be affected by the decision upon such 304
348+hearing, to such election official, the Secretary of the State, the State 305
349+Elections Enforcement Commission and to any other party or parties 306
350+whom such judge deems proper parties thereto, of the time and place 307
351+for the hearing upon such complaint. Such judge shall, on the day fixed 308
352+for such hearing and without unnecessary delay, proceed to hear the 309
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355+parties. If sufficient reason is shown, such judge may order any voting 310
356+tabulators to be unlocked or any ballot boxes to be opened and a recount 311
357+of the votes cast, including absentee ballots, to be made. Such judge shall 312
358+thereupon, in case such judge finds any error in the rulings of the 313
359+election official, any mistake in the count of the votes or any violation of 314
360+said sections, certify the result of such judge's finding or decision to the 315
361+Secretary of the State before the fifteenth day of the next succeeding 316
362+December. Such judge may order a new election or a change in the 317
363+existing election schedule. Such certificate of such judge of such judge's 318
364+finding or decision shall be final and conclusive upon all questions 319
365+relating to errors in the rulings of such election officials, to the 320
366+correctness of such count, and, for the purposes of this section only, such 321
367+claimed violations, and shall operate to correct the returns of the 322
368+moderators or presiding officers, so as to conform to such finding or 323
369+decision, unless the same is appealed from as provided in section 9-325. 324
370+Sec. 4. Section 9-328 of the general statutes is repealed and the 325
371+following is substituted in lieu thereof (Effective July 1, 2022): 326
372+Any elector or candidate claiming to have been aggrieved by any 327
373+ruling of any election official in connection with an election for any 328
374+municipal office or a primary for justice of the peace, or any elector or 329
375+candidate claiming that there has been a mistake in the count of votes 330
376+cast for any such office at such election or primary, or any candidate in 331
377+such an election or primary claiming that he is aggrieved by a violation 332
378+of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 333
379+or 9-365 in the casting of absentee ballots at such election or primary, 334
380+may bring a complaint to any judge of the Superior Court for relief 335
381+therefrom. In any action brought pursuant to the provisions of this 336
382+section, the complainant shall send a copy of the complaint by first-class 337
383+mail, or deliver a copy of the complaint by hand, to the State Elections 338
384+Enforcement Commission. If such complaint is made prior to such 339
385+election or primary, such judge shall proceed expeditiously to render 340
386+judgment on the complaint and shall cause notice of the hearing to be 341
387+given to the Secretary of the State and the State Elections Enforcement 342
388+Commission. If such complaint is made subsequent to such election or 343
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391+primary, it shall be brought not later than fourteen days after such 344
392+election or primary, except that if such complaint is brought in response 345
393+to [the manual tabulation of paper ballots, authorized] an audit 346
394+conducted pursuant to section 9-320f, as amended by this act, such 347
395+complaint shall be brought not later than seven days after the close of 348
396+any such [manual tabulation] audit, to any judge of the Superior Court, 349
397+in which he shall set out the claimed errors of the election official, the 350
398+claimed errors in the count or the claimed violations of said sections. 351
399+Such judge shall forthwith order a hearing to be had upon such 352
400+complaint, upon a day not more than five nor less than three days from 353
401+the making of such order, and shall cause notice of not less than three 354
402+nor more than five days to be given to any candidate or candidates 355
403+whose election or nomination may be affected by the decision upon such 356
404+hearing, to such election official, the Secretary of the State, the State 357
405+Elections Enforcement Commission and to any other party or parties 358
406+whom such judge deems proper parties thereto, of the time and place 359
407+for the hearing upon such complaint. Such judge shall, on the day fixed 360
408+for such hearing and without unnecessary delay, proceed to hear the 361
409+parties. If sufficient reason is shown, he may order any voting tabulators 362
410+to be unlocked or any ballot boxes to be opened and a recount of the 363
411+votes cast, including absentee ballots, to be made. Such judge shall 364
412+thereupon, if he finds any error in the rulings of the election official or 365
413+any mistake in the count of the votes, certify the result of his finding or 366
414+decision to the Secretary of the State before the tenth day succeeding the 367
415+conclusion of the hearing. Such judge may order a new election or 368
416+primary or a change in the existing election schedule. Such certificate of 369
417+such judge of his finding or decision shall be final and conclusive upon 370
418+all questions relating to errors in the ruling of such election officials, to 371
419+the correctness of such count, and, for the purposes of this section only, 372
420+such claimed violations, and shall operate to correct the returns of the 373
421+moderators or presiding officers, so as to conform to such finding or 374
422+decision, except that this section shall not affect the right of appeal to the 375
423+Supreme Court and it shall not prevent such judge from reserving such 376
424+questions of law for the advice of the Supreme Court as provided in 377
425+section 9-325. Such judge may, if necessary, issue his writ of mandamus, 378
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155-procedure that (A) manually examines a statistical sample of paper 113
156-ballots which reflect the intents of the voters having cast such ballots, 114
157-(B) produces an outcome of either "ACCEPTABLE" or 115
158-"INCONCLUSIVE", and (C) guarantees a specified risk limit; 116
159-(2) "Risk limit" means the maximum probability that an audit would 117
160-produce an outcome of "ACCEPTABLE" when there is a disagreement 118
161-between the person declared elected and the person who received the 119
162-greatest number of votes as determined by the paper ballots; and 120
163-(3) "State election" has the same meaning as provided in section 9-1 121
164-of the general statutes. 122
165-Sec. 2. Section 9-320f of the 2022 supplement to the general statutes is 123
166-repealed and the following is substituted in lieu thereof (Effective January 124
167-1, 2024): 125
168-(a) (1) Not earlier than the fifteenth day after any [election or] federal 126
169-or state primary and not later than two business days before the canvass 127
170-of votes by the Secretary of the State, Treasurer and Comptroller, [for 128
171-any federal or state election or primary,] or (2) not earlier than the 129
172-fifteenth day after any municipal election or primary and not later than 130
173-two business days before the canvass of votes by the town clerk, [for any 131
174-municipal election or primary,] the registrars of voters shall conduct a 132
175-manual audit, or [, for an election or primary held on or after January 1, 133
176-2016,] an electronic audit authorized under section 9-320g, as amended 134
177-by this act, of the votes recorded in not less than five per cent of the 135
178-voting districts in the state, district or municipality, whichever is 136
179-applicable. For the purposes of this section, any central location used in 137
180-a municipality for the counting of absentee ballots shall be deemed a 138
181-voting district. Such manual or electronic audit shall be noticed in 139
182-advance and be open to public observation. Any election official who 140
183-participates in the administration and conduct of an audit pursuant to 141
184-this section shall be compensated by the municipality at the standard 142
185-rate of pay established by such municipality for elections or primaries, 143
186-as the case may be. 144 Substitute Bill No. 472
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193-(b) The voting districts subject to an audit described in subsection (a) 145
194-of this section shall be selected in a random drawing by the Secretary of 146
195-the State and such selection process shall be open to the public. The 147
196-offices subject to an audit pursuant to this section shall be, (1) [in the 148
197-case of an election where the office of presidential elector is on the ballot, 149
198-all offices required to be audited by federal law, plus one additional 150
199-office selected in a random drawing by the Secretary of the State, but in 151
200-no case less than three offices, (2) in the case of an election where the 152
201-office of Governor is on the ballot, all offices required to be audited by 153
202-federal law, plus one additional office selected in a random drawing by 154
203-the Secretary of the State, but in no case less than three offices, (3)] in the 155
204-case of a municipal election, three offices or twenty per cent of the 156
205-number of offices on the ballot, whichever is greater, selected at random 157
206-by the municipal clerk, and [(4)] (2) in the case of a [primary election] 158
207-primary, all offices required to be audited by federal law, plus one 159
208-additional office, if any, but in no event less than twenty per cent of the 160
209-offices on the ballot, selected in a random drawing by the municipal 161
210-clerk. 162
211-(c) If a selected voting district has an office that is subject to recanvass 163
212-or an election or primary contest pursuant to the general statutes, the 164
213-Secretary of the State shall select an alternative district, pursuant to the 165
214-process described in subsection (b) of this section. 166
215-(d) The manual or electronic audit described in subsection (a) of this 167
216-section shall consist of the manual or electronic tabulation of the paper 168
217-ballots cast and counted by each voting tabulator subject to such audit. 169
218-Once complete, the vote totals established pursuant to such manual or 170
219-electronic tabulation shall be compared to the results reported by the 171
220-voting tabulator on the day of the election or primary. The results of 172
221-such manual or electronic tabulation shall be reported on a form 173
222-prescribed by the Secretary of the State which shall include the total 174
223-number of ballots counted, the total votes received by each candidate in 175
224-question, the total votes received by each candidate in question on 176
225-ballots that were properly completed by each voter and the total votes 177 Substitute Bill No. 472
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232-received by each candidate in question on ballots that were not properly 178
233-completed by each voter. Such [report] reported results shall be filed 179
234-with the Secretary, [of the State] who shall immediately forward such 180
235-[report] reported results to The University of Connecticut for analysis. 181
236-The University of Connecticut shall [file] submit to the Secretary a 182
237-written report [with the Secretary of the State] regarding such analysis 183
238-that describes any discrepancies identified. After receipt of such written 184
239-report, the Secretary [of the State shall file such report with] shall 185
240-transmit to the State Elections Enforcement Commission a copy of such 186
241-written report. 187
242-(e) For the purposes of this section, a ballot that has not been properly 188
243-completed will be deemed to be a ballot on which (1) votes have been 189
244-marked by the voter outside the vote targets, (2) votes have been marked 190
245-by the voter using a manual marking device that cannot be read by the 191
246-voting tabulator, or (3) in the judgment of the registrars of voters, the 192
247-voter marked the ballot in such a manner that the voting tabulator may 193
248-not have read the marks as votes cast. 194
249-(f) Notwithstanding the provisions of section 9-311, the Secretary of 195
250-the State shall order a discrepancy recanvass of the returns of an election 196
251-or primary for any office if a discrepancy, as defined in subsection (o) of 197
252-this section, exists where the margin of victory in the race for such office 198
253-is less than the amount of the discrepancy multiplied by the total 199
254-number of voting districts where such race appeared on the ballot, 200
255-provided in a year in which the Secretary of the State is a candidate for 201
256-an office on the ballot and that office is subject to an audit as provided 202
257-by this section, the State Elections Enforcement Commission shall order 203
258-a discrepancy recanvass if a discrepancy, as defined by subsection (o) of 204
259-this section, has occurred that could affect the outcome of the election or 205
260-primary for such office. 206
261-(g) If the written report submitted by The University of Connecticut 207
262-[report described in] under subsection (d) of this section indicates that a 208
263-voting tabulator failed to record votes accurately and in the manner 209
264-provided by the general statutes, the Secretary of the State shall require 210 Substitute Bill No. 472
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271-that the voting tabulator be examined and recertified by the Secretary 211
272-[of the State,] or the Secretary's designee. Nothing in this subsection 212
273-shall be construed to prohibit the Secretary [of the State] from requiring 213
274-that a voting tabulator be examined and recertified. 214
275-(h) The audit [report filed] results reported to the Secretary of the 215
276-State pursuant to subsection (d) of this section shall be open to public 216
277-inspection and may be used as prima facie evidence of a discrepancy in 217
278-any contest arising pursuant to chapter 149 or for any other cause of 218
279-action arising from such election or primary. 219
280-(i) If the audit officials are unable to reconcile the manual or electronic 220
281-count from an audit described in subsection (a) of this section with the 221
282-electronic vote tabulation and discrepancies from the election or 222
283-primary, the Secretary of the State shall conduct such further 223
284-investigation of the voting tabulator malfunction as may be necessary 224
285-for the purpose of reviewing whether or not to decertify the voting 225
286-tabulator or tabulators in question or to order the voting tabulator to be 226
287-examined and recertified pursuant to subsection (g) of this section. Any 227
288-report produced by the Secretary [of the State] as a result of such 228
289-investigation shall be filed with the State Elections Enforcement 229
290-Commission, and the commission may initiate such further 230
291-investigation in accordance with subdivision (1) of subsection (a) of 231
292-section 9-7b as may be required to determine if any violations of the 232
293-general statutes concerning election law have been committed. 233
294-(j) The individual paper ballots used at an election or primary shall 234
295-be carefully preserved and returned in their designated receptacle in 235
296-accordance with the requirements of section 9-266 or 9-310, whichever 236
297-is applicable. 237
298-(k) Nothing in this section shall be construed to preclude any 238
299-candidate or elector from seeking additional remedies pursuant to 239
300-chapter 149. 240
301-(l) After an election or primary, any voting tabulator may be kept 241 Substitute Bill No. 472
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308-locked for a period longer than that prescribed by sections 9-266, 9-310 242
309-and 9-447, if such an extended period is ordered by either a court of 243
310-competent jurisdiction, the Secretary of the State or the State Elections 244
311-Enforcement Commission. Either the court or the Secretary of the State 245
312-may order an audit of such voting tabulator to be conducted by such 246
313-persons as the court or the Secretary [of the State] may designate, 247
314-provided the State Elections Enforcement Commission may order such 248
315-an audit under the circumstances prescribed in subsection (f) of this 249
316-section. If the machine utilized in such election or primary is an optical 250
317-scan voting system, such order to lock such machine shall include the 251
318-tabulator, memory card and all other components and processes utilized 252
319-in the programming of such machine. 253
320-(m) The Secretary of the State may adopt regulations, in accordance 254
321-with the provisions of chapter 54, as may be necessary for the conduct 255
322-of the manual or electronic tabulation of the paper ballots described in 256
323-subsection (a) of this section and to establish guidelines for expanded 257
324-audits when there are differences between the manual or electronic 258
325-counts from the audit described in subsection (a) of this section and 259
326-tabulator counts from the election or primary. 260
327-(n) Notwithstanding any provision of the general statutes, the 261
328-Secretary of the State shall have access to the code in any voting machine 262
329-whenever any problem is discovered as a result of an audit described in 263
330-subsection (a) of this section. 264
331-(o) As used in this section: [, "discrepancy"] 265
332-(1) "Discrepancy" means any difference in vote totals between 266
333-tabulator counts from an election or primary and manual or electronic 267
334-counts from an audit described in subsection (a) of this section in a 268
335-voting district that exceeds one-half of one per cent of the lesser amount 269
336-of the vote totals between such tabulator counts and such manual or 270
337-electronic counts where such differences cannot be resolved through an 271
338-accounting of ballots that were not marked properly in accordance with 272
339-subsection (e) of this section; [, "state election" means "state election", as 273 Substitute Bill No. 472
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346-defined in section 9-1, "municipal election"] 274
347-(2) "Municipal election" means a municipal election held pursuant to 275
348-section 9-164; [, "manual"] 276
349-(3) "Manual" means by hand and without the assistance of electronic 277
350-equipment; and ["electronic"] 278
351-(4) "Electronic" means through the use of equipment described in 279
352-section 9-320g, as amended by this act. 280
353-Sec. 3. (NEW) (Effective January 1, 2024) (a) Except as provided in 281
354-subsection (b) of this section, not later than seventy-two hours after the 282
355-close of the polls at each state election: 283
356-(1) The election officials in each polling place shall create a ballot 284
357-manifest for such polling place by manually verifying the number of 285
358-ballots cast that comprise the result publicly announced by the 286
359-moderator under subsection (a) of section 9-309 of the general statutes 287
360-and recording such number on such ballot manifest, in accordance with 288
361-procedures prescribed by the Secretary of the State; and 289
362-(2) The absentee ballot counters in each central counting location shall 290
363-create a ballot manifest for such central counting location by manually 291
364-verifying the number of ballots cast that comprise the result publicly 292
365-declared by the moderator under subsection (b) of section 9-150b of the 293
366-general statutes and recording such number on such ballot manifest, in 294
367-accordance with procedures prescribed by the Secretary of the State. 295
368-(b) Not later than twenty-four hours after the completion of any 296
369-recanvass conducted at a state election in a voting district, the recanvass 297
370-officials shall create a ballot manifest for such district by manually 298
371-verifying the number of ballots cast that comprise the vote announced 299
372-by the moderator under subdivision (1) of subsection (c) of section 9-311 300
373-of the general statutes and recording such number on such ballot 301
374-manifest, in accordance with procedures prescribed by the Secretary of 302
375-the State. 303 Substitute Bill No. 472
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382-(c) All ballot manifest creation procedures shall be open to public 304
383-observation. 305
384-(d) Immediately after a ballot manifest has been created pursuant to 306
385-this section, the moderator shall submit such ballot manifest to the 307
386-registrars of voters. 308
387-Sec. 4. Section 9-323 of the general statutes is repealed and the 309
388-following is substituted in lieu thereof (Effective January 1, 2024): 310
389-Any elector or candidate who claims that he is aggrieved by any 311
390-ruling of any election official in connection with any election for 312
391-presidential electors and for a senator in Congress and for 313
392-representative in Congress or any of them, held in his town, or that there 314
393-was a mistake in the count of the votes cast at such election for 315
394-candidates for such electors, senator in Congress and representative in 316
395-Congress, or any of them, at any voting district in his town, or any 317
396-candidate for such an office who claims that he is aggrieved by a 318
397-violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-319
398-364, 9-364a or 9-365 in the casting of absentee ballots at such election, 320
399-may bring his complaint to any judge of the Supreme Court, in which 321
400-he shall set out the claimed errors of such election official, the claimed 322
401-errors in the count or the claimed violations of said sections. In any 323
402-action brought pursuant to the provisions of this section, the 324
403-complainant shall file a certification attached to the complaint indicating 325
404-that a copy of the complaint has been sent by first-class mail or delivered 326
405-to the State Elections Enforcement Commission. If such complaint is 327
406-made prior to such election, such judge shall proceed expeditiously to 328
407-render judgment on the complaint and shall cause notice of the hearing 329
408-to be given to the Secretary of the State and the State Elections 330
409-Enforcement Commission. If such complaint is made subsequent to the 331
410-election, it shall be brought not later than fourteen days after the election 332
411-or, if such complaint is brought in response to [the manual tabulation of 333
412-paper ballots authorized] an audit conducted pursuant to section 9-320f, 334
413-as amended by this act, or section 1 of this act, such complaint shall be 335
414-brought not later than seven days after the close of any such [manual 336 Substitute Bill No. 472
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421-tabulation] audit, and in either such circumstance, the judge shall 337
422-forthwith order a hearing to be had upon such complaint, upon a day 338
423-not more than five or less than three days from the making of such order, 339
424-and shall cause notice of not less than three or more than five days to be 340
425-given to any candidate or candidates whose election may be affected by 341
426-the decision upon such hearing, to such election official, to the Secretary 342
427-of the State, to the State Elections Enforcement Commission and to any 343
428-other party or parties whom such judge deems proper parties thereto, 344
429-of the time and place for the hearing upon such complaint. Such judge, 345
430-with two other judges of the Supreme Court to be designated by the 346
431-Chief Court Administrator, shall, on the day fixed for such hearing and 347
432-without unnecessary delay, proceed to hear the parties. If sufficient 348
433-reason is shown, such judges may order any voting tabulators to be 349
434-unlocked or any ballot boxes to be opened and a recount of the votes 350
435-cast, including absentee ballots, to be made. Such judges shall 351
436-thereupon, in the case they, or any two of them, find any error in the 352
437-rulings of the election official, any mistake in the count of such votes or 353
438-any violation of said sections, certify the result of their finding or 354
439-decision, or the finding or decision of a majority of them, to the Secretary 355
440-of the State before the first Monday after the second Wednesday in 356
441-December. Such judges may order a new election or a change in the 357
442-existing election schedule, provided such order complies with Section 358
443-302 of the Help America Vote Act, P.L. 107-252, as amended from time 359
444-to time. Such certificate of such judges, or a majority of them, shall be 360
445-final upon all questions relating to the rulings of such election officials, 361
446-to the correctness of such count and, for the purposes of this section 362
447-only, such claimed violations, and shall operate to correct the returns of 363
448-the moderators or presiding officers so as to conform to such finding or 364
449-decision. 365
450-Sec. 5. Section 9-324 of the general statutes is repealed and the 366
451-following is substituted in lieu thereof (Effective January 1, 2024): 367
452-Any elector or candidate who claims that such elector or candidate is 368
453-aggrieved by any ruling of any election official in connection with any 369 Substitute Bill No. 472
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460-election for Governor, Lieutenant Governor, Secretary of the State, State 370
461-Treasurer, Attorney General, State Comptroller or judge of probate, held 371
462-in such elector's or candidate's town, or that there has been a mistake in 372
463-the count of the votes cast at such election for candidates for said offices 373
464-or any of them, at any voting district in such elector's or candidate's 374
465-town, or any candidate for such an office who claims that such candidate 375
466-is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-376
467-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 377
468-such election or any candidate for the office of Governor, Lieutenant 378
469-Governor, Secretary of the State, State Treasurer, Attorney General or 379
470-State Comptroller, who claims that such candidate is aggrieved by a 380
471-violation of any provision of sections 9-700 to 9-716, inclusive, may bring 381
472-such elector's or candidate's complaint to any judge of the Superior 382
473-Court, in which such elector or candidate shall set out the claimed errors 383
474-of such election official, the claimed errors in the count or the claimed 384
475-violations of said sections. In any action brought pursuant to the 385
476-provisions of this section, the complainant shall send a copy of the 386
477-complaint by first-class mail, or deliver a copy of the complaint by hand, 387
478-to the State Elections Enforcement Commission. If such complaint is 388
479-made prior to such election, such judge shall proceed expeditiously to 389
480-render judgment on the complaint and shall cause notice of the hearing 390
481-to be given to the Secretary of the State and the State Elections 391
482-Enforcement Commission. If such complaint is made subsequent to the 392
483-election, it shall be brought not later than fourteen days after the election 393
484-or, if such complaint is brought in response to [the manual tabulation of 394
485-paper ballots authorized] an audit conducted pursuant to section 9-320f, 395
486-as amended by this act, or section 1 of this act, such complaint shall be 396
487-brought not later than seven days after the close of any such [manual 397
488-tabulation] audit and, in either such circumstance, such judge shall 398
489-forthwith order a hearing to be had upon such complaint, upon a day 399
490-not more than five nor less than three days from the making of such 400
491-order, and shall cause notice of not less than three nor more than five 401
492-days to be given to any candidate or candidates whose election may be 402
493-affected by the decision upon such hearing, to such election official, the 403
494-Secretary of the State, the State Elections Enforcement Commission and 404 Substitute Bill No. 472
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501-to any other party or parties whom such judge deems proper parties 405
502-thereto, of the time and place for the hearing upon such complaint. Such 406
503-judge shall, on the day fixed for such hearing and without unnecessary 407
504-delay, proceed to hear the parties. If sufficient reason is shown, such 408
505-judge may order any voting tabulators to be unlocked or any ballot 409
506-boxes to be opened and a recount of the votes cast, including absentee 410
507-ballots, to be made. Such judge shall thereupon, in case such judge finds 411
508-any error in the rulings of the election official, any mistake in the count 412
509-of the votes or any violation of said sections, certify the result of such 413
510-judge's finding or decision to the Secretary of the State before the 414
511-fifteenth day of the next succeeding December. Such judge may order a 415
512-new election or a change in the existing election schedule. Such 416
513-certificate of such judge of such judge's finding or decision shall be final 417
514-and conclusive upon all questions relating to errors in the rulings of 418
515-such election officials, to the correctness of such count, and, for the 419
516-purposes of this section only, such claimed violations, and shall operate 420
517-to correct the returns of the moderators or presiding officers, so as to 421
518-conform to such finding or decision, unless the same is appealed from 422
519-as provided in section 9-325. 423
520-Sec. 6. Section 9-328 of the general statutes is repealed and the 424
521-following is substituted in lieu thereof (Effective January 1, 2024): 425
522-Any elector or candidate claiming to have been aggrieved by any 426
523-ruling of any election official in connection with an election for any 427
524-municipal office or a primary for justice of the peace, or any elector or 428
525-candidate claiming that there has been a mistake in the count of votes 429
526-cast for any such office at such election or primary, or any candidate in 430
527-such an election or primary claiming that he is aggrieved by a violation 431
528-of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 432
529-or 9-365 in the casting of absentee ballots at such election or primary, 433
530-may bring a complaint to any judge of the Superior Court for relief 434
531-therefrom. In any action brought pursuant to the provisions of this 435
532-section, the complainant shall send a copy of the complaint by first-class 436
533-mail, or deliver a copy of the complaint by hand, to the State Elections 437 Substitute Bill No. 472
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540-Enforcement Commission. If such complaint is made prior to such 438
541-election or primary, such judge shall proceed expeditiously to render 439
542-judgment on the complaint and shall cause notice of the hearing to be 440
543-given to the Secretary of the State and the State Elections Enforcement 441
544-Commission. If such complaint is made subsequent to such election or 442
545-primary, it shall be brought not later than fourteen days after such 443
546-election or primary, except that if such complaint is brought in response 444
547-to [the manual tabulation of paper ballots, authorized] an audit 445
548-conducted pursuant to section 9-320f, as amended by this act, or section 446
549-1 of this act, such complaint shall be brought not later than seven days 447
550-after the close of any such [manual tabulation] audit, to any judge of the 448
551-Superior Court, in which he shall set out the claimed errors of the 449
552-election official, the claimed errors in the count or the claimed violations 450
553-of said sections. Such judge shall forthwith order a hearing to be had 451
554-upon such complaint, upon a day not more than five nor less than three 452
555-days from the making of such order, and shall cause notice of not less 453
556-than three nor more than five days to be given to any candidate or 454
557-candidates whose election or nomination may be affected by the 455
558-decision upon such hearing, to such election official, the Secretary of the 456
559-State, the State Elections Enforcement Commission and to any other 457
560-party or parties whom such judge deems proper parties thereto, of the 458
561-time and place for the hearing upon such complaint. Such judge shall, 459
562-on the day fixed for such hearing and without unnecessary delay, 460
563-proceed to hear the parties. If sufficient reason is shown, he may order 461
564-any voting tabulators to be unlocked or any ballot boxes to be opened 462
565-and a recount of the votes cast, including absentee ballots, to be made. 463
566-Such judge shall thereupon, if he finds any error in the rulings of the 464
567-election official or any mistake in the count of the votes, certify the result 465
568-of his finding or decision to the Secretary of the State before the tenth 466
569-day succeeding the conclusion of the hearing. Such judge may order a 467
570-new election or primary or a change in the existing election schedule. 468
571-Such certificate of such judge of his finding or decision shall be final and 469
572-conclusive upon all questions relating to errors in the ruling of such 470
573-election officials, to the correctness of such count, and, for the purposes 471
574-of this section only, such claimed violations, and shall operate to correct 472 Substitute Bill No. 472
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581-the returns of the moderators or presiding officers, so as to conform to 473
582-such finding or decision, except that this section shall not affect the right 474
583-of appeal to the Supreme Court and it shall not prevent such judge from 475
584-reserving such questions of law for the advice of the Supreme Court as 476
585-provided in section 9-325. Such judge may, if necessary, issue his writ of 477
586-mandamus, requiring the adverse party and those under him to deliver 478
587-to the complainant the appurtenances of such office, and shall cause his 479
588-finding and decree to be entered on the records of the Superior Court in 480
589-the proper judicial district. 481
590-Sec. 7. Subsection (a) of section 9-329a of the general statutes is 482
591-repealed and the following is substituted in lieu thereof (Effective January 483
592-1, 2024): 484
593-(a) Any (1) elector or candidate aggrieved by a ruling of an election 485
594-official in connection with any primary held pursuant to (A) section 9-486
595-423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 487
596-alleges that there has been a mistake in the count of the votes cast at such 488
597-primary, or (3) candidate in such a primary who alleges that he is 489
598-aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-490
599-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 491
600-such primary, may bring his complaint to any judge of the Superior 492
601-Court for appropriate action. In any action brought pursuant to the 493
602-provisions of this section, the complainant shall file a certification 494
603-attached to the complaint indicating that a copy of the complaint has 495
604-been sent by first-class mail or delivered to the State Elections 496
605-Enforcement Commission. If such complaint is made prior to such 497
606-primary such judge shall proceed expeditiously to render judgment on 498
607-the complaint and shall cause notice of the hearing to be given to the 499
608-Secretary of the State and the State Elections Enforcement Commission. 500
609-If such complaint is made subsequent to such primary it shall be 501
610-brought, not later than fourteen days after such primary, or if such 502
611-complaint is brought in response to [the manual tabulation of paper 503
612-ballots, described in] an audit conducted pursuant to section 9-320f, as 504
613-amended by this act, or section 1 of this act, such complaint shall be 505 Substitute Bill No. 472
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620-brought, not later than seven days after the close of any such [manual 506
621-tabulation] audit, to any judge of the Superior Court. 507
622-Sec. 8. Subsection (b) of section 9-3 of the general statutes is repealed 508
623-and the following is substituted in lieu thereof (Effective January 1, 2024): 509
624-(b) During any municipal, state or federal election, primary or 510
625-recanvass, or any audit conducted pursuant to section 9-320f, as 511
626-amended by this act, or section 1 of this act, the Secretary of the State 512
627-may issue an order, whether orally or in writing, to any registrar of 513
628-voters or moderator to correct any irregularity or impropriety in the 514
629-conduct of such election, primary or recanvass or audit. Any such order 515
630-shall be effective upon issuance. As soon as practicable after issuance of 516
631-an oral order pursuant to this subsection, the Secretary shall reduce such 517
632-order to writing, cite within such order any applicable provision of law 518
633-authorizing such order and cause a copy of such written order to be 519
634-delivered to the individual who is the subject of such order or, in the 520
635-case that such order was originally issued in writing, issue a subsequent 521
636-written order that conforms to such requirements. The Superior Court, 522
637-on application of the Secretary or the Attorney General, may enforce by 523
638-appropriate decree or process any such order issued pursuant to this 524
639-subsection. 525
640-Sec. 9. Subdivision (3) of subsection (b) of section 9-229 of the general 526
641-statutes is repealed and the following is substituted in lieu thereof 527
642-(Effective January 1, 2024): 528
643-(3) The duties of each regional election monitor shall include, but not 529
644-be limited to: (A) Holding the regional instructional sessions described 530
645-in subdivision (2) of this subsection; (B) communicating with registrars 531
646-of voters to assist, to the extent permitted under law, in preparations for 532
647-and operations of any election, primary or recanvass, or any audit 533
648-conducted pursuant to section 9-320f, as amended by this act, or section 534
649-1 of this act; and (C) transmitting any order issued by the Secretary of 535
650-the State, pursuant to subsection (b) of section 9-3, as amended by this 536
651-act. 537 Substitute Bill No. 472
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658-Sec. 10. Subsection (a) of section 9-229b of the general statutes is 538
659-repealed and the following is substituted in lieu thereof (Effective January 539
660-1, 2024): 540
661-(a) There shall be a regional election monitor within each planning 541
662-region, as defined in section 4-124i, who shall represent, consult with 542
663-and act on behalf of the Secretary of the State in preparations for and 543
664-operations of any election, primary or recanvass, or any audit conducted 544
665-pursuant to section 9-320f, as amended by this act, or section 1 of this 545
666-act. 546
667-Sec. 11. Section 9-320g of the general statutes is repealed and the 547
668-following is substituted in lieu thereof (Effective January 1, 2024): 548
669-Notwithstanding any provision of this title, the Secretary of the State, 549
670-in consultation and coordination with The University of Connecticut, 550
671-may authorize the use of electronic equipment for the purpose of 551
672-conducting any audit required pursuant to section 9-320f, [for any 552
673-primary or general election held on or after January 1, 2016] as amended 553
674-by this act, or section 1 of this act, provided (1) the Secretary of the State 554
675-prescribes specifications for (A) the testing, set-up and operation of such 555
676-equipment, and (B) the training of election officials in the use of such 556
677-equipment; and (2) the Secretary of the State and The University of 557
678-Connecticut agree that such equipment is sufficient in quantity to 558
679-accommodate the total number of audits to be conducted. Nothing in 559
680-this section shall preclude any candidate or elector from seeking 560
681-additional remedies pursuant to chapter 149 as a result of any 561
682-information revealed by such process. 562
683-Sec. 12. (Effective October 1, 2022) The Secretary of the State shall 563
684-establish a pilot program for the conduct of risk-limiting audits at 564
685-municipal elections in 2023. The Secretary shall randomly select three 565
686-municipalities for participation in such pilot program, in accordance 566
687-with the following: (1) One municipality with a population of less than 567
688-twenty thousand; (2) one municipality with a population of twenty 568
689-thousand or greater, but less than ninety thousand; and (3) one 569 Substitute Bill No. 472
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696-municipality with a population of ninety thousand or greater. For the 570
697-purposes of this section, "population" means the estimated number of 571
698-people according to the most recent version of the State Register and 572
699-Manual prepared pursuant to section 3-90 of the general statutes. 573
428+requiring the adverse party and those under him to deliver to the 379
429+complainant the appurtenances of such office, and shall cause his 380
430+finding and decree to be entered on the records of the Superior Court in 381
431+the proper judicial district. 382
432+Sec. 5. Subsection (a) of section 9-329a of the general statutes is 383
433+repealed and the following is substituted in lieu thereof (Effective July 1, 384
434+2022): 385
435+(a) Any (1) elector or candidate aggrieved by a ruling of an election 386
436+official in connection with any primary held pursuant to (A) section 9-387
437+423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 388
438+alleges that there has been a mistake in the count of the votes cast at such 389
439+primary, or (3) candidate in such a primary who alleges that he is 390
440+aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-391
441+361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 392
442+such primary, may bring his complaint to any judge of the Superior 393
443+Court for appropriate action. In any action brought pursuant to the 394
444+provisions of this section, the complainant shall file a certification 395
445+attached to the complaint indicating that a copy of the complaint has 396
446+been sent by first-class mail or delivered to the State Elections 397
447+Enforcement Commission. If such complaint is made prior to such 398
448+primary such judge shall proceed expeditiously to render judgment on 399
449+the complaint and shall cause notice of the hearing to be given to the 400
450+Secretary of the State and the State Elections Enforcement Commission. 401
451+If such complaint is made subsequent to such primary it shall be 402
452+brought, not later than fourteen days after such primary, or if such 403
453+complaint is brought in response to [the manual tabulation of paper 404
454+ballots, described in] an audit conducted pursuant to section 9-320f, as 405
455+amended by this act, such complaint shall be brought, not later than 406
456+seven days after the close of any such [manual tabulation] audit, to any 407
457+judge of the Superior Court. 408
700458 This act shall take effect as follows and shall amend the following
701459 sections:
702460
703-Section 1 January 1, 2024 New section
704-Sec. 2 January 1, 2024 9-320f
705-Sec. 3 January 1, 2024 New section
706-Sec. 4 January 1, 2024 9-323
707-Sec. 5 January 1, 2024 9-324
708-Sec. 6 January 1, 2024 9-328
709-Sec. 7 January 1, 2024 9-329a(a)
710-Sec. 8 January 1, 2024 9-3(b)
711-Sec. 9 January 1, 2024 9-229(b)(3)
712-Sec. 10 January 1, 2024 9-229b(a)
713-Sec. 11 January 1, 2024 9-320g
714-Sec. 12 October 1, 2022 New section
461+Section 1 July 1, 2022 9-320f
462+LCO No. 3424 14 of 14
715463
716-Statement of Legislative Commissioners:
717-In Section 1, "or primary" was deleted throughout, "in accordance with"
718-was changed to "as described in" in Subsec. (d), "subsection (g)" was
719-changed to "subsection (f)" in Subsec. (h) and "prescribed" was changed
720-to "described" in Subsec. (k) for accuracy.
464+Sec. 2 July 1, 2022 9-323
465+Sec. 3 July 1, 2022 9-324
466+Sec. 4 July 1, 2022 9-328
467+Sec. 5 July 1, 2022 9-329a(a)
721468
722-GAE Joint Favorable Subst.
469+Statement of Purpose:
470+To implement the recommendations of the risk-limiting audits working
471+group.
472+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
473+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
474+underlined.]
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