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OLR Bill Analysis
sHB 6871 (as amended by House "A")*
AN ACT CONCERNING ELECTION RECANVASS PROCEDURES.
SUMMARY
This bill modifies several procedures for election recanvasses (i.e.,
recounts). Specifically, the bill requires that recanvass officials meet by
5:00 p.m. on recanvass day (no time is currently set in law). It also
authorizes party representatives to view each ballot to discern its
markings as it is being recanvassed (§ 3).
However, if disorder interferes with the recanvass, the bill also
authorizes moderators to remove offending individuals who do not
submit to the moderator’s lawful authority. The bill specifies disorderly
behaviors includes improperly attempting to take part in a recanvass or
communicating with recanvass officials. The removal may be (1)
temporary, if the individual becomes orderly, or (2) if needed, until the
recanvass is completed (§ 3).
Additionally, the bill requires SOTS to develop an instructional
training video on recanvass procedures based on its most recently
published Recanvass Procedure Manual. Under the bill, SOTS must
distribute it to recanvass officials when a recanvass is required, and the
officials must view the video immediately before starting a recanvass (§
2).
By law, SOTS must approve the number of voting tabulators
provided for elections by each town’s board of selectmen, city’s
common council, or borough’s warden and burgesses. The bill
eliminates a provision giving registrars of voters the discretion to
determine the number of voting tabulators that will be available at a
special election but requiring at least one for the municipality or one for
each voting district. Instead, for all elections, registrars must ensure each 2023HB-06871-R01-BA.DOCX
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voting district uses at least one dedicated voting tabulator that only
registers and counts votes for that district. These provisions do not
apply to tabulators at central counting locations or those used in
recanvassing (§ 1).
The bill also makes technical changes.
*House Amendment “A” (1) changes the effective date for provisions
about voting tabulators from upon passage to July 1, 2025; (2) changes
the effective date for provisions about instructional training videos for
recanvass procedures from upon passage to July 1, 2024; (3) modifies the
underlying bill’s requirement for dedicated tabulators for voting
districts; (4) requires that the instructional video be viewed immediately
before conducting a recanvass; (5) modifies the provision changing the
deadline for completing a recanvass; (6) authorizes the moderator to
remove individuals causing disorder during a recanvass; and (7) makes
technical and conforming changes.
EFFECTIVE DATE: Upon passage, except that the provisions about
voting tabulators take effect on July 1, 2025, and provisions on the
instructional training video take effect on July 1, 2024.
BACKGROUND
Recanvass Procedures
After a primary or election, a recanvass of the vote generally takes
place when there is a discrepancy, close vote, or tie. The recanvass
procedures differ depending on the circumstances under which the
recanvass was triggered. A recanvass must be open to the public and
convene no later than five business days after the applicable primary or
election.
Generally, when a recanvass is triggered, the town clerk and
registrars of voters must impound the relevant election materials and
tools. The recanvass officials must then meet and recount the votes to
determine if the original canvass was correct or if a discrepancy remains.
If the recanvass reveals the original canvass was incorrect, then the
recanvass return is substituted for the original return and has the same 2023HB-06871-R01-BA.DOCX
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force and effect as an original return (CGS §§ 9-311 through 9-311b &
Conn. Agencies Regs., § 9-242a-28).
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 19 Nay 0 (03/15/2023)
Appropriations Committee
Joint Favorable
Yea 53 Nay 0 (05/01/2023)