Researcher: MHF Page 1 4/6/23
OLR Bill Analysis
SB 862
AN ACT CONCERNING CLARITY AND SIMPLICITY OF MUNICIPAL
REFERENDUM QUESTIONS.
SUMMARY
This bill sets several new requirements for referendum questions
submitted to a municipality’s electors at an election. It requires that they
(1) use short, simple words and clear, plain language; (2) be limited to
one subject; and (3) precisely explain the proposed change or changes.
Questions on additional subjects must appear and be described
separately. The bill retains an existing requirement that the designation
be formatted as “Shall (insert question, followed by a question mark),”
but removes a provision in current law requiring the town clerk to
phrase the question designation if it is not prescribed by law.
The bill also subjects these questions to approval by the secretary of
the state to determine whether the designation complies with the bill’s
requirements. Existing law requires town clerks to file a statement on a
referendum question with the secretary before placing the question on
the ballot. The statement must be filed at least 45 days before the election
and include the question’s phrasing and submission date to the town
clerk, as well as the legal authority for placing it on the ballot.
The bill requires the secretary to review the question designation
within three days after its filing and either approve or disapprove of the
designation. She must notify the town clerk about her decision; if she
disapproves of a designation, then the clerk must file a revision within
three days after receiving the disapproval notice. Under the bill, the
secretary has three days to approve or disapprove of the revised
designation.
The bill also makes technical and conforming changes. 2023SB-00862-R000464-BA.DOCX
Researcher: MHF Page 2 4/6/23
EFFECTIVE DATE: Upon passage
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 14 Nay 5 (03/22/2023)