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