CT
Connecticut Senate Bill SB00862

Connecticut 2023 Regular Session

Connecticut Senate Bill SB00862 Compare Versions

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75 General Assembly Committee Bill No. 862
86 January Session, 2023
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119
1210 Referred to Committee on GOVERNMENT ADMINISTRATION
1311 AND ELECTIONS
1412
1513
1614 Introduced by:
1715 (GAE)
1816
1917
2018
2119 AN ACT CONCERNING CLARITY AND SIMPLICITY OF MUNICIPAL
2220 REFERENDUM QUESTIONS.
2321 Be it enacted by the Senate and House of Representatives in General
2422 Assembly convened:
2523
2624 Section 1. Section 9-369a of the general statutes is repealed and the 1
2725 following is substituted in lieu thereof (Effective from passage): 2
2826 Whenever by law it is provided that a question may be submitted to 3
2927 a vote of the electors of a municipality at an election, as that term is 4
3028 defined in section 9-1: 5
31-(a) The electors of the municipality entitled to vote by absentee 6
32-ballot at the election under the provisions of section 9-135 shall be 7
33-entitled to vote upon any such question. 8
29+(a) The electors of the municipality entitled to vote by absentee ballot 6
30+at the election under the provisions of section 9-135 shall be entitled to 7
31+vote upon any such question. 8
3432 (b) (1) When the clerk of the municipality determines that the 9
35-necessary action has been taken for submission of the question, [he] 10
36-such clerk shall, at least forty-five days prior to the election, file in the 11
37-office of the Secretary of the State a statement setting forth (A) the 12
38-designation of the question as it is to appear on the ballot at the 13 Committee Bill No. 862
33+necessary action has been taken for submission of the question, [he] such 10
34+clerk shall, at least forty-five days prior to the election, file in the office 11
35+of the Secretary of the State a statement setting forth (A) the designation 12
36+of the question as it is to appear on the ballot at the election, as provided 13
37+in subdivision (2) of this subsection, (B) the date upon which the 14
38+Committee Bill No. 862
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45-election, as provided in subdivision (2) of this subsection, (B) the date 14
46-upon which the submitting action was taken, and (C) the reference to 15
47-the law under which the action was taken. [Such designation shall be 16
48-in the form of a question, as provided in section 9-369.] Whenever it is 17
49-specifically provided in the general statutes that any such question 18
50-may be approved for such submission within the period of forty-five 19
51-days prior to such an election, and action is taken to submit a question 20
52-within such period, the clerk of the municipality shall file the 21
53-statement required by this subsection with the Secretary of the State 22
54-immediately upon the taking of such action. 23
55-(2) The designation of each such question to appear on the ballot 24
56-shall be (A) "Shall (here insert the question, followed by a question 25
57-mark)", using short, simple words and clear, plain language, (B) 26
58-limited to one subject matter, with any additional subject matter 27
59-appearing under a separate designation on the ballot, and (C) 28
60-explanatory as to the precise change or changes in law being proposed. 29
43+submitting action was taken, and (C) the reference to the law under 15
44+which the action was taken. [Such designation shall be in the form of a 16
45+question, as provided in section 9-369.] Whenever it is specifically 17
46+provided in the general statutes that any such question may be 18
47+approved for such submission within the period of forty-five days prior 19
48+to such an election, and action is taken to submit a question within such 20
49+period, the clerk of the municipality shall file the statement required by 21
50+this subsection with the Secretary of the State immediately upon the 22
51+taking of such action. 23
52+(2) The designation of each such question to appear on the ballot shall 24
53+be (A) "Shall (here insert the question, followed by a question mark)", 25
54+using short, simple words and clear, plain language, (B) limited to one 26
55+subject matter, with any additional subject matter appearing under a 27
56+separate designation on the ballot, and (C) explanatory as to the precise 28
57+change or changes in law being proposed. 29
6158 (3) Not later than three days after receipt of a statement filed by the 30
6259 clerk of the municipality under subdivision (1) of this subsection, the 31
63-Secretary of the State shall (A) review the designation of the question 32
64-to determine whether such designation complies with the provisions of 33
60+Secretary of the State shall (A) review the designation of the question to 32
61+determine whether such designation complies with the provisions of 33
6562 subdivision (2) of this subsection, and (B) notify such clerk that such 34
66-designation is (i) approved to appear on such ballot, or (ii) 35
67-disapproved and shall be revised and refiled with the Secretary. Not 36
68-later than three days after receipt of such notification of disapproval, 37
69-such clerk shall refile such revised designation with the Secretary for 38
70-review and a determination under this subdivision. 39
63+designation is (i) approved to appear on such ballot, or (ii) disapproved 35
64+and shall be revised and refiled with the Secretary. Not later than three 36
65+days after receipt of such notification of disapproval, such clerk shall 37
66+refile such revised designation with the Secretary for review and a 38
67+determination under this subdivision. 39
7168 (c) When action is taken for submission of a question, from the time 40
7269 of such action through the day of the election, the clerk of the 41
73-municipality shall make the full text of the question and the 42
74-designation which is to appear upon the ballot available for public 43
75-inspection. [If the designation is not prescribed by law, the clerk shall 44
76-phrase the designation of the question in a form suitable for printing 45
77-on the ballot.] The warning of the election shall include a statement 46 Committee Bill No. 862
70+municipality shall make the full text of the question and the designation 42
71+which is to appear upon the ballot available for public inspection. [If the 43
72+designation is not prescribed by law, the clerk shall phrase the 44
73+designation of the question in a form suitable for printing on the ballot.] 45
74+The warning of the election shall include a statement that the question 46
75+Committee Bill No. 862
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84-that the question is to be voted upon, the designation of the question to 47
85-appear on the ballot, and a statement that the full text of the question is 48
86-available for public inspection in [the] such clerk's office. 49
80+is to be voted upon, the designation of the question to appear on the 47
81+ballot, and a statement that the full text of the question is available for 48
82+public inspection in [the] such clerk's office. 49
8783 (d) The moderator or head moderator of the election shall file the 50
8884 results of the vote on each such question and the returns of the election 51
8985 with the Secretary of the State in the manner prescribed under the 52
9086 provisions of section 9-314 or other applicable law. 53
9187 Sec. 2. Section 9-369 of the general statutes is repealed and the 54
9288 following is substituted in lieu thereof (Effective from passage): 55
9389 Whenever at any regular or special state or municipal election any 56
9490 vote for approval or disapproval of any constitutional amendment or 57
9591 any question or proposal is taken pursuant to the Constitution, the 58
9692 general statutes or any special act, unless otherwise provided, such 59
9793 election shall be warned and held, the vote on such amendment, 60
9894 question or proposal cast and canvassed and the result determined and 61
9995 certified as nearly as may be in accordance with the provisions 62
10096 governing the election of officers in the state or in such municipality. 63
101-The warning for such election shall state that a purpose of such 64
102-election is to vote for the approval or disapproval of such amendment, 65
103-question or proposal and shall state the section of the Constitution or 66
104-of the general statutes or the special act under authority of which such 67
105-vote is taken. The vote on such amendment, question or proposal shall 68
106-be taken by a "Yes" and "No" vote on the voting tabulator. [, and] 69
107-Except as provided in section 9-369a, as amended by this act, for any 70
108-question or proposal that is submitted to the electors of a municipality 71
109-under said section, the designation of such amendment, question or 72
110-proposal on the ballot shall be "Shall (here insert the question or 73
111-proposal, followed by a question mark)". Such ballot shall be provided 74
112-for use in accordance with the provisions of section 9-250. The 75
113-municipal clerk shall number on the ballot the questions to be voted 76
114-upon according to the order in which they will appear thereon, 77
115-provided amendments to the Constitution shall be numbered by the 78
116-Secretary of the State in numerical order based upon the dates on 79 Committee Bill No. 862
97+The warning for such election shall state that a purpose of such election 64
98+is to vote for the approval or disapproval of such amendment, question 65
99+or proposal and shall state the section of the Constitution or of the 66
100+general statutes or the special act under authority of which such vote is 67
101+taken. The vote on such amendment, question or proposal shall be taken 68
102+by a "Yes" and "No" vote on the voting tabulator. [, and] Except as 69
103+provided in section 9-369a, as amended by this act, for any question or 70
104+proposal that is submitted to the electors of a municipality under said 71
105+section, the designation of such amendment, question or proposal on 72
106+the ballot shall be "Shall (here insert the question or proposal, followed 73
107+by a question mark)". Such ballot shall be provided for use in accordance 74
108+with the provisions of section 9-250. The municipal clerk shall number 75
109+on the ballot the questions to be voted upon according to the order in 76
110+which they will appear thereon, provided amendments to the 77
111+Constitution shall be numbered by the Secretary of the State in 78
112+Committee Bill No. 862
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123-which resolutions proposing such amendments were passed, 80
124-precedence being given to the earliest passed unless otherwise 81
125-provided by the resolutions proposing such amendments. Each elector 82
126-shall vote "Yes" if in favor of the amendment, question or proposal or 83
127-"No" if not in favor thereof. If, upon the official determination of the 84
128-result of such vote, it appears that a majority of all the votes so cast are 85
129-in approval of such amendment, question or proposal, such 86
130-amendment, question or proposal shall, unless otherwise provided, 87
131-take effect forthwith. 88
117+numerical order based upon the dates on which resolutions proposing 79
118+such amendments were passed, precedence being given to the earliest 80
119+passed unless otherwise provided by the resolutions proposing such 81
120+amendments. Each elector shall vote "Yes" if in favor of the amendment, 82
121+question or proposal or "No" if not in favor thereof. If, upon the official 83
122+determination of the result of such vote, it appears that a majority of all 84
123+the votes so cast are in approval of such amendment, question or 85
124+proposal, such amendment, question or proposal shall, unless otherwise 86
125+provided, take effect forthwith. 87
132126 This act shall take effect as follows and shall amend the following
133127 sections:
134128
135129 Section 1 from passage 9-369a
136130 Sec. 2 from passage 9-369
137131
138-GAE Joint Favorable
132+Statement of Purpose:
133+To (1) establish standards for municipal referendum question language
134+designed to increase clarity and simplicity for voters, and (2) provide for
135+review, and approval or disapproval, of such municipal referendum
136+question language by the Secretary of the State.
137+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
138+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
139+underlined.]
140+
141+Co-Sponsors: SEN. LOPES, 6th Dist.; REP. TURCO, 27th Dist.
142+REP. SANCHEZ E., 24th Dist.; REP. SANCHEZ R., 25th Dist.
143+REP. TERCYAK, 26th Dist.
144+
145+S.B. 862
146+
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