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General Assembly Committee Bill No. 862
January Session, 2023
LCO No. 5385
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING CLARITY AND SIMPLICITY OF MUNICIPAL
REFERENDUM QUESTIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-369a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
Whenever by law it is provided that a question may be submitted to 3
a vote of the electors of a municipality at an election, as that term is 4
defined in section 9-1: 5
(a) The electors of the municipality entitled to vote by absentee 6
ballot at the election under the provisions of section 9-135 shall be 7
entitled to vote upon any such question. 8
(b) (1) When the clerk of the municipality determines that the 9
necessary action has been taken for submission of the question, [he] 10
such clerk shall, at least forty-five days prior to the election, file in the 11
office of the Secretary of the State a statement setting forth (A) the 12
designation of the question as it is to appear on the ballot at the 13 Committee Bill No. 862
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election, as provided in subdivision (2) of this subsection, (B) the date 14
upon which the submitting action was taken, and (C) the reference to 15
the law under which the action was taken. [Such designation shall be 16
in the form of a question, as provided in section 9-369.] Whenever it is 17
specifically provided in the general statutes that any such question 18
may be approved for such submission within the period of forty-five 19
days prior to such an election, and action is taken to submit a question 20
within such period, the clerk of the municipality shall file the 21
statement required by this subsection with the Secretary of the State 22
immediately upon the taking of such action. 23
(2) The designation of each such question to appear on the ballot 24
shall be (A) "Shall (here insert the question, followed by a question 25
mark)", using short, simple words and clear, plain language, (B) 26
limited to one subject matter, with any additional subject matter 27
appearing under a separate designation on the ballot, and (C) 28
explanatory as to the precise change or changes in law being proposed. 29
(3) Not later than three days after receipt of a statement filed by the 30
clerk of the municipality under subdivision (1) of this subsection, the 31
Secretary of the State shall (A) review the designation of the question 32
to determine whether such designation complies with the provisions of 33
subdivision (2) of this subsection, and (B) notify such clerk that such 34
designation is (i) approved to appear on such ballot, or (ii) 35
disapproved and shall be revised and refiled with the Secretary. Not 36
later than three days after receipt of such notification of disapproval, 37
such clerk shall refile such revised designation with the Secretary for 38
review and a determination under this subdivision. 39
(c) When action is taken for submission of a question, from the time 40
of such action through the day of the election, the clerk of the 41
municipality shall make the full text of the question and the 42
designation which is to appear upon the ballot available for public 43
inspection. [If the designation is not prescribed by law, the clerk shall 44
phrase the designation of the question in a form suitable for printing 45
on the ballot.] The warning of the election shall include a statement 46 Committee Bill No. 862
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that the question is to be voted upon, the designation of the question to 47
appear on the ballot, and a statement that the full text of the question is 48
available for public inspection in [the] such clerk's office. 49
(d) The moderator or head moderator of the election shall file the 50
results of the vote on each such question and the returns of the election 51
with the Secretary of the State in the manner prescribed under the 52
provisions of section 9-314 or other applicable law. 53
Sec. 2. Section 9-369 of the general statutes is repealed and the 54
following is substituted in lieu thereof (Effective from passage): 55
Whenever at any regular or special state or municipal election any 56
vote for approval or disapproval of any constitutional amendment or 57
any question or proposal is taken pursuant to the Constitution, the 58
general statutes or any special act, unless otherwise provided, such 59
election shall be warned and held, the vote on such amendment, 60
question or proposal cast and canvassed and the result determined and 61
certified as nearly as may be in accordance with the provisions 62
governing the election of officers in the state or in such municipality. 63
The warning for such election shall state that a purpose of such 64
election is to vote for the approval or disapproval of such amendment, 65
question or proposal and shall state the section of the Constitution or 66
of the general statutes or the special act under authority of which such 67
vote is taken. The vote on such amendment, question or proposal shall 68
be taken by a "Yes" and "No" vote on the voting tabulator. [, and] 69
Except as provided in section 9-369a, as amended by this act, for any 70
question or proposal that is submitted to the electors of a municipality 71
under said section, the designation of such amendment, question or 72
proposal on the ballot shall be "Shall (here insert the question or 73
proposal, followed by a question mark)". Such ballot shall be provided 74
for use in accordance with the provisions of section 9-250. The 75
municipal clerk shall number on the ballot the questions to be voted 76
upon according to the order in which they will appear thereon, 77
provided amendments to the Constitution shall be numbered by the 78
Secretary of the State in numerical order based upon the dates on 79 Committee Bill No. 862
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which resolutions proposing such amendments were passed, 80
precedence being given to the earliest passed unless otherwise 81
provided by the resolutions proposing such amendments. Each elector 82
shall vote "Yes" if in favor of the amendment, question or proposal or 83
"No" if not in favor thereof. If, upon the official determination of the 84
result of such vote, it appears that a majority of all the votes so cast are 85
in approval of such amendment, question or proposal, such 86
amendment, question or proposal shall, unless otherwise provided, 87
take effect forthwith. 88
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-369a
Sec. 2 from passage 9-369
GAE Joint Favorable