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OLR Bill Analysis
HB 7001
Emergency Certification
AN ACT CONCERNING THE ADMINISTRATION OF EPINEPHRINE
BY EMERGENCY MEDICAL SERVICES PERSONNEL AND
PROVISIONS RELATED TO ELECTIONS.
SUMMARY
This bill moves up the date of Connecticut’s presidential preference
primary from the last Tuesday in April to the first Tuesday in April (e.g.,
from April 30, 2024, to April 2, 2024). A presidential preference primary
is an election for state voters to indicate a preference for a political
party’s presidential nominee. Existing law, unchanged by the bill, sets
various deadlines in relation to the primary (e.g., the secretary of the
state must publicly announce the list of candidates whose names will
appear on the ballot 74 days before the primary (CGS § 9-466))(§ 2).
The bill also makes various changes in the state’s election laws that
(1) explicitly apply existing law’s provisions on extending terms of
offices to municipalities that change their election dates; (2) modify
several procedures for election tabulations and recanvasses (i.e.,
recounts), such as establishing a process for removing disorderly
bystanders and adjusting voting tabulator requirements for
municipalities; and (3) require the secretary of the state (SOTS) to
develop an instructional video on recanvass procedures (§§ 1 & 3-5).
The bill requires (1) any municipality with a population of at least
140,000 (i.e., Bridgeport) to have an election monitor for the 2023
municipal election and 2024 state election and (2) SOTS to contract with
an individual to serve in this capacity. Among other things, the monitor
must conduct inspections, inquiries, and investigations of any duty or
responsibility required by state election law and carried out by a
municipal official or his or her appointee (§ 7). The bill correspondingly 2023HB-07001-R00SS2-BA.DOCX
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transfers $150,000 appropriated to the State Elections Enforcement
Commission (SEEC) under PA 23-204, § 1, to SOTS to fund this position
(§ 8).
Lastly, the bill delays by nine months, until July 1, 2024, the start date
for a requirement that emergency medical services (EMS) personnel
administer epinephrine under specified conditions (§ 6).
The bill also makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2023, except that the provisions on (1)
election monitors take effect upon passage, (2) voting tabulators take
effect on July 1, 2025, and (3) the recanvassing instructional training
video take effect on July 1, 2024.
§ 1 — TERMS OF ELECTED MUNICIPAL OFFICIALS
Starting January 1, 2022, state law requires each municipality to hold
its biennial municipal election on the Tuesday after the first Monday in
November of odd-numbered years unless its legislative body votes by a
three-fourths majority to hold the election on the first Monday in May
of odd-numbered years. Under current law, the terms of any elected
officials that are set to expire before the next regular election because of
an election date change must be extended to the date of that election.
The bill instead requires that their terms be extended to conform to the
beginning of the succeeding term, as allowed under existing law.
By law, terms must begin within 70 days after election day on the day
set under the town’s charter or special act or, if these do not exist, as set
by the legislative body. In the absence of these, the terms begin as
specified in the law (e.g., for municipalities with November elections,
on the Tuesday after the first Monday of November, except that the
town clerk’s term begins on the first Monday in January). Under the law,
when a beginning date is so determined or changed, then conforming
extensions or reductions (as appropriate) may be made to incumbents’
terms (CGS § 9-187a).
§ 3 — VOTING TABULATORS
By law, SOTS must approve the number of voting tabulators 2023HB-07001-R00SS2-BA.DOCX
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provided for elections by each town’s board of selectmen, city’s
common council, or borough’s warden and burgesses. However,
current law allows registrars of voters to determine how many voting
tabulators will be available at a special election, as long as there is at
least one for the municipality or one for each voting district (if the
municipality is divided into districts). The bill eliminates this provision
for special elections and instead requires registrars, for all elections, to
ensure that each voting district uses at least one dedicated voting
tabulator that only registers and counts votes for that district. It also
specifies that these provisions do not apply to tabulators at central
counting locations or those used in recanvassing.
§§ 4 & 5 — ELECTION RECANVASSES
After a primary or election, a recanvass of the vote generally takes
place when there is a discrepancy, close vote, or tie (see
BACKGROUND). Existing law generally allows party representatives
to attend the recanvassing and the bill further authorizes them to view
each ballot to discern its markings as it is being recanvassed.
If disorder interferes with the recanvass, the bill also authorizes
moderators to have offending individuals removed by the recanvass
officials if they do not submit to the moderator’s lawful authority. The
bill specifies that disorderly behaviors include someone who is not a
recanvass official attempting to take part in a recanvass or
communicating with recanvass officials other than the moderator. The
removal may be (1) temporary, if the individual becomes orderly, or (2)
until the recanvass is completed if necessary (§ 5).
Additionally, the bill requires SOTS to develop an instructional
training video on recanvass procedures based on the most recent
Recanvass Procedure Manual published on its website. Under the bill,
SOTS must distribute the video to recanvass officials whenever a
recanvass is required, and the officials must view the video immediately
before starting the recanvass (§ 4).
§§ 7 & 8 — ELECTION MONITOR FOR 2023 AND 2024 ELECTIONS
For the 2023 municipal election and 2024 state election, the bill 2023HB-07001-R00SS2-BA.DOCX
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requires the secretary to contract with an individual to serve as an
election monitor in any municipality with a population of at least
140,000, according to the most recent State Register and Manual (i.e.,
Bridgeport). The election monitor’s purpose is to detect and prevent
irregularity and impropriety in how the municipality manages the
election administration procedures and conducts the elections.
More specifically, the monitor must (1) conduct inspections,
inquiries, and investigations of any duty or responsibility required by
state election law and carried out by a municipal official or his or her
appointee and (2) immediately report any irregularity or impropriety
discovered to SOTS. Toward that end, the bill also requires that the
monitor have access to all records, data, and material maintained by or
available to the municipal official or appointee.
The bill requires SOTS to contract with the election monitor until
December 31, 2024, unless the secretary terminates the contract for any
reason before that date. Under the bill, the election monitor must not be
considered a state employee but must be compensated in accordance
with the contract and reimbursed for necessary expenses. The
municipality must provide the monitor with office space, supplies,
equipment, and services necessary to properly carry out his or her
duties. Costs related to the election monitor’s service must be paid from
the funds appropriated to SOTS for the position and the bill transfers
$150,000 appropriated to SEEC under PA 23-204, § 1, to SOTS.
The bill specifies that the election monitor provisions do not prohibit
SEEC from exercising its authority. By law, SEEC, among other things,
investigates alleged election law violations, inspects campaign finance
records and reports, refers evidence of violations to the chief state’s
attorney or the attorney general, and levies civil penalties for election
violations.
§ 6 — EMS ADMINISTRATION OF EPINEPHRINE
PA 23-97, § 42, requires EMS personnel, under specified conditions,
to administer epinephrine using automatic prefilled cartridge injectors,
similar automatic injectable equipment, or prefilled vials and syringes. 2023HB-07001-R00SS2-BA.DOCX
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For this purpose, “EMS personnel” include emergency medical
technicians (EMTs), advanced EMTs, paramedics, and emergency
medical responders. Prior law allowed, but did not require, EMTs
(including advanced EMTs) and paramedics to do this using automatic
prefilled cartridge injectors or similar equipment.
The bill delays the start date of this requirement from October 1, 2023,
to July 1, 2024. It allows EMS personnel to administer epinephrine
before then in the same manner.
Under the bill, as under PA 23-97, the:
1. EMS professional must have (a) been trained to administer
epinephrine according to Department of Public Health-
recognized national standards and (b) determined that
administering it was necessary to treat the person and;
2. medication must be administered according to written protocols
and standing orders of a physician serving as an emergency
department director.
BACKGROUND
Recanvass Procedures
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
force and effect as an original return (CGS §§ 9-311 through 9-311b &
Conn. Agencies Regs., § 9-242a-28).