O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-1, September 26, 2023 Special Session—HB 7001
Emergency Certification
AN ACT CONCERNING THE ADMINISTRATION OF EPINEPHRINE BY
EMERGENCY MEDICAL SE RVICES PERSONNEL AND PROVISIONS
RELATED TO ELECTIONS
SUMMARY: This act 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) (§ 2). 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 act, 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)).
The act also makes various changes in the state’s election laws that (1) explicitly
apply existing law’s provisions on term start dates for municipal elected officials
to municipalities whose election dates have changed; (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 to develop
an instructional video on recanvass procedures (§§ 1 & 3-5).
The act requires (1) that any municipality with a population of at least 140,000
(i.e., Bridgeport) have an election monitor for the 2023 municipal election and 2024
state election and (2) the Office of the Secretary of the State (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 act correspondingly transfers $150,000 appropriated to the
State Elections Enforcement Commission (SEEC) in FY 24 by the budget and
implementer act (PA 23-204, § 1) to SOTS to fund this position (§ 8).
Lastly, the act 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 act 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 January 1, 2024.
§ 1 — TERMS OF ELECTED MUNICIPAL OFFICIALS
Existing 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 O L R P U B L I C A C T S U M M A R Y
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Monday in May of odd-numbered years. Under prior law, the terms of any elected
officials that were set to expire before the next regular election because of an
election date change were to be extended to the election date. The act 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, the secretary of the state 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. However, prior law allowed registrars of voters
to determine how many voting tabulators would be available at a special election,
as long as there was at least one for the municipality or one for each voting district
(if the municipality was divided into districts).
The act 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
By law, a recanvass of the vote generally takes place after a primary or election
when there is a discrepancy, close vote, or tie (see BACKGROUND). Existing law
generally allows party representatives to attend the recanvassing. The act further
authorizes them to view each ballot to discern its markings as it is being
recanvassed.
If disorder interferes with the recanvass, the act also authorizes moderators to
have offending individuals removed by the recanvass officials if they do not submit
to the moderator’s lawful authority. The act 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 act requires the secretary of the state to develop an
instructional training video on recanvass procedures based on the most recent
Recanvass Procedure Manual published on her office’s website. Under the act, she
must distribute the video to recanvass officials whenever a recanvass is required, O L R P U B L I C A C T S U M M A R Y
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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 act requires SOTS
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 the secretary of the state.
Toward that end, the act also requires that the monitor have access to all records,
data, and material maintained by or available to the municipal official or appointee.
The act 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 act, 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. The act correspondingly transfers $150,000 appropriated
to SEEC for FY 24 under PA 23-204, § 1, to SOTS.
The act 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. For this purpose,
“EMS personnel” include emergency medical technicians (EMT), 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 act 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 act, as under PA 23-97, the:
1. EMS professional must have (a) been trained to administer epinephrine O L R P U B L I C A C T S U M M A R Y
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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
By law, 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).