Connecticut 2023 Regular Session

Connecticut House Bill HB06871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06871-~~R02~~-
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06871-R01-
4	4		HB.docx
5	5		1 of 4
6	6
7	7		General Assembly Substitute Bill No. 6871
8	8		January Session, 2023
9	9
10	10
11	11
12	12		AN ACT CONCERNING ELECTION RECANVASS PROCEDURES.
13	13		Be it enacted by the Senate and House of Representatives in General
14	14		Assembly convened:
15	15
16	16		Section 1. Subsection (a) of section 9-238 of the general statutes is 1
17	17		repealed and the following is substituted in lieu thereof (Effective from 2
18	18		passage): 3
19	19		(a) Except as provided in section 9-272, voting tabulators shall be 4
20	20		used at all elections held in any municipality, or in any part thereof, for 5
21	21		voting and registering and counting votes cast at such elections for 6
22	22		officers, and upon all questions or amendments submitted at such 7
23	23		elections. The board of selectmen of each town, the common council of 8
24	24		each city and the warden and burgesses of each borough shall purchase 9
25	25		or lease, or otherwise provide, for use at elections in each such 10
26	26		municipality a number of voting tabulators approved by the Secretary 11
27	27		of the State. Different voting tabulators may be provided for different 12
28	28		voting districts in the same municipality. Notwithstanding any 13
29	29		provision of this subsection, [to the contrary,] the registrars of voters of 14
30	30		a municipality [may determine the number of voting tabulators that 15
31	31		shall be provided for use at any special election in such municipality, 16
32	32		provided the registrars shall provide at least one voting tabulator in the 17
33	33		municipality or, in a municipality divided into voting districts,] shall 18
34	34		use at least one voting tabulator in each [such] voting district. 19
35	35		Sec. 2. (NEW) (Effective from passage) The Secretary of the State shall 20 Substitute Bill No. 6871
36	36
37	37
38	38		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06871-
39		-	~~R02~~-HB.docx }
	39	+	R01-HB.docx }
40	40		2 of 4
41	41
42	42		develop an instructional training video on recanvass procedures, based 21
43	43		on the Recanvass Procedure Manual, revised August 2012, which is 22
44	44		published on the Internet web site of the office of the Secretary of the 23
45	45		State, provided the Secretary shall revise such instructional training 24
46	46		video whenever said manual is revised. Prior to the conduct of each 25
47	47		recanvass, the Secretary shall distribute such instructional training 26
48	48		video to the recanvass officials, who shall view such instructional 27
49	49		training video before commencing such recanvass. 28
50	50		Sec. 3. Subsections (a) and (b) of section 9-311 of the general statutes 29
51	51		are repealed and the following is substituted in lieu thereof (Effective 30
52	52		from passage): 31
53	53		(a) (1) If, within three days after an election, it appears to the 32
54	54		moderator that there is a discrepancy in the returns of any voting 33
55	55		district, such moderator shall forthwith within said period summon, by 34
56	56		written notice delivered personally, the recanvass officials, consisting of 35
57	57		at least two checkers of different political parties and at least two 36
58	58		absentee ballot counters of different political parties who served at such 37
59	59		election, and the registrars of voters of the municipality in which the 38
60	60		election was held and such other officials as may be required to conduct 39
61	61		such recanvass. Such written notice shall require the clerk or registrars 40
62	62		of voters, as the case may be, to bring with them the depository 41
63	63		envelopes required by section 9-150a, the package of write-in ballots 42
64	64		provided for in section 9-310, the absentee ballot applications, the list of 43
65	65		absentee ballot applications, the registry list and the moderators' returns 44
66	66		and shall require such recanvass officials to meet at a specified time, not 45
67	67		later than [the fifth business day after] five business days after the 46
68	68		moderator transmits to the Secretary of the State the duplicate list 47
69	69		required under section 9-314 for such election and not later than twelve 48
70	70		o'clock noon on any such business day, to recanvass the returns of a 49
71	71		voting tabulator or voting tabulators or absentee ballots or write-in 50
72	72		ballots used in such district in such election. If any of such recanvass 51
73	73		officials are unavailable at the time of the recanvass, the registrar of 52
74	74		voters of the same political party as that of the recanvass official unable 53 Substitute Bill No. 6871
75	75
76	76
77	77		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06871-
78		-	~~R02~~-HB.docx }
	78	+	R01-HB.docx }
79	79		3 of 4
80	80
81	81		to attend shall designate another elector having previous training and 54
82	82		experience in the conduct of elections to take his place. Before such 55
83	83		recanvass is made, such moderator shall give notice, in writing, to the 56
84	84		[chairman] chairperson of the town committee of each political party 57
85	85		which nominated candidates for the election, and, in the case of a state 58
86	86		election, not later than twenty-four hours after a determination is made 59
87	87		regarding the need for a recanvass to the Secretary of the State, of the 60
88	88		time and place where such recanvass is to be made; and each such 61
89	89		[chairman] chairperson may send party representatives to be present at 62
90	90		such recanvass. Such party representatives may observe, but no one 63
91	91		other than a recanvass official may take part in the recanvass. If any 64
92	92		irregularity in the recanvass procedure is noted by such a 65
93	93		representative, he shall be permitted to present evidence of such 66
94	94		irregularity in any contest relating to the election. 67
95	95		(2) Notwithstanding the provisions of subdivision (1) of this 68
96	96		subsection, for the state election in 2020, and any election held on or after 69
97	97		June 23, 2021, but prior to November 3, 2021, (A) if, within five days 70
98	98		after such election, it appears to the moderator that there is a 71
99	99		discrepancy in the returns of any voting district, such moderator shall 72
100	100		forthwith within said period summon, by written notice delivered 73
101	101		personally, the recanvass officials to conduct such recanvass in 74
102	102		accordance with the provisions of said subdivision, and (B) such written 75
103	103		notice shall require such recanvass officials to meet not later than the 76
104	104		seventh business day after such election for such purpose. 77
105	105		(b) The moderator shall determine the place or places where the 78
106	106		recanvass shall be conducted and, if such recanvass is held before the 79
107	107		tabulators are boxed and collected in the manner required by section 9-80
108	108		266, the moderator may either require that such recanvass of such 81
109	109		tabulators be conducted in each place where the tabulators are located, 82
110	110		or he may require that they be removed to one central place, where such 83
111	111		recanvass shall be conducted. All recanvassing procedures shall be open 84
112	112		to public observation. Such recanvass officials shall, in the presence of 85
113	113		such moderator and registrars of voters, make a record of the number 86 Substitute Bill No. 6871
114	114
115	115
116	116		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06871-
117		-	~~R02~~-HB.docx }
	117	+	R01-HB.docx }
118	118		4 of 4
119	119
120	120		on the seal and the number on the protective counter, if one is provided, 87
121	121		on each voting tabulator specified by such moderator. Such registrars of 88
122	122		voters in the presence of such moderator shall turn over the keys of each 89
123	123		such tabulator to such recanvass officials, and such recanvass officials, 90
124	124		in the presence of such registrars of voters and moderator, shall 91
125	125		immediately proceed to recanvass the vote cast thereon, and shall then 92
126	126		open the package of absentee ballots and recanvass the vote cast 93
127	127		thereon. In the course of the recanvass of the absentee ballot vote the 94
128	128		recanvass officials shall check all outer envelopes for absentee ballots 95
129	129		against the inner envelopes for such ballots and against the registry list 96
130	130		to verify postmarks, addresses and registry list markings and also to 97
131	131		determine whether the number of envelopes from which absentee 98
132	132		ballots have been removed is the same as the number of persons checked 99
133	133		as having voted by absentee ballot. The write-in ballots shall also be 100
134	134		recanvassed at this time. Any party representative present shall have a 101
135	135		right to view each ballot as it is being recanvassed by the recanvass 102
136	136		officials, so as to be able to discern the markings on such ballot. All of 103
137	137		the recanvass officials shall use the same forms for tallies and returns as 104
138	138		were used at the original canvass and the absentee ballot counters shall 105
139	139		also sign the tallies. 106
140	140		This act shall take effect as follows and shall amend the following
141	141		sections:
142	142
143	143		Section 1 from passage 9-238(a)
144	144		Sec. 2 from passage New section
145	145		Sec. 3 from passage 9-311(a) and (b)
146	146
	147	+	Statement of Legislative Commissioners:
	148	+	In Section 3(a)(1), "not later than twelve o'clock" was changed to "not
	149	+	later than twelve o'clock noon" for clarity.
147	150
148	151		GAE Joint Favorable Subst. -LCO
149		-	APP Joint Favorable
150	152