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General Assembly Raised Bill No. 5494
February Session, 2024
LCO No. 2934
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING REFERENDA ON REVISIONS TO MUNICIPAL
CHARTERS AND HOME RULE ORDINANCES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2024) (a) Whenever by law it is 1
provided that a proposed charter amendment or home rule ordinance 2
amendment may be submitted to a vote of the electors of a municipality 3
pursuant to section 7-191 of the general statutes, as amended by this act, 4
or to any special act, charter or ordinance, the provisions of this section 5
shall apply in addition to all other applicable provisions of chapter 152 6
of the general statutes. 7
(b) (1) Subject to the provisions of subdivision (2) of this subsection, 8
the designation of a proposed charter amendment or home rule 9
ordinance amendment on the ballot shall be "Shall (here insert the 10
question, in a form requiring a "Yes" or "No" response, followed by a 11
question mark)" and, unless such question as presented adequately 12
explains the proposed change or changes, shall include a precise and 13
fair explanation of such proposed change or changes that shall not 14 Raised Bill No. 5494
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advocate either the approval or disapproval of such amendment. Such 15
question and any such explanation shall be presented on the ballot using 16
simple, precise, clear, unambiguous and plain language. 17
(2) In the case where a proposed charter amendment or home rule 18
ordinance amendment addresses multiple distinct subjects, each such 19
subject shall be submitted as a separate designation on the ballot. Where 20
changes are being proposed across multiple provisions of such a charter 21
or home rule ordinance, only those changes that relate to a single subject 22
may be submitted as a single designation on the ballot. 23
(c) Any municipality may provide for the preparation, printing and 24
dissemination of concise summaries of arguments in favor of, and 25
arguments opposed to, a proposed charter amendment or home rule 26
ordinance amendment, which summaries shall otherwise comply with 27
the provisions of subsection (c) of section 9-369b of the general statutes, 28
as amended by this act. 29
(d) Not later than thirty days after the appointing authority, as 30
defined in section 7-187 of the general statutes, prepares for the ballot 31
each designation described in subsection (b) of this section, in 32
accordance with the provisions of subsection (f) of section 7-191 of the 33
general statutes, as amended by this act, a petition signed by not less 34
than one per cent of the electors of such municipality, as determined by 35
the last-completed registry list thereof, may be presented to the 36
registrars of voters of such municipality and to the Secretary of the State 37
for the purpose of contesting any such designation as being in violation 38
of subsection (b) of this section. 39
(e) The petition described in subsection (d) of this section shall specify 40
(1) the designation or designations being contested and the grounds for 41
each such contest, and (2) the name, mailing address, electronic mail 42
address and telephone number of the person to whom, or organization 43
to which, each notice pertaining to such petition shall be given. The 44
information described in subdivisions (1) and (2) of this subsection shall 45
appear, identically, on each page of such petition, and such information 46 Raised Bill No. 5494
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shall also be filed with the clerk of the municipality and the appointing 47
authority at the same time that such petition is presented to the 48
registrars of voters and the Secretary of the State under subsection (d) of 49
this section. 50
(f) Each elector described in subsection (d) of this section shall 51
include, in addition to such elector's signature, the printed name, 52
address and date of birth of such elector on such petition. Each page of 53
such petition may only be circulated by one circulator who shall, under 54
penalties of false statement, certify on such page or the reverse side 55
thereof (1) the name and address of the circulator, (2) the number of 56
signatures on such page, (3) that each elector whose name appears on 57
such page signed the page in person in the presence of the circulator, 58
and (4) that either the circulator knows each such elector or that such 59
elector satisfactorily identified such elector to the circulator. Each such 60
page shall also be acknowledged before an appropriate person as 61
provided in section 1-29 of the general statutes. 62
(g) (1) Not later than five days after the petition described in 63
subsection (d) of this section has been presented to the registrars of 64
voters of the municipality, such registrars shall return a copy of such 65
petition to the person or organization described in subsection (e) of this 66
section with (A) a notice of the dates on which such petition was so 67
presented and so returned, and (B) such registrars' determination, in 68
accordance with subdivision (2) of this subsection, of whether such 69
petition complies with the provisions of subsections (d) to (f), inclusive, 70
of this section. Such registrars shall also give notice of the information 71
described in subparagraphs (A) and (B) of this subdivision to the clerk 72
of such municipality. 73
(2) (A) If the registrars determine the petition so complies, such 74
registrars shall (i) approve such petition, (ii) affix to such petition a 75
certification of compliance, and (iii) promptly deliver in person, or send 76
by certified mail, such certified petition to the Secretary of the State. The 77
Secretary shall, upon receipt of such certified petition, give notice 78
thereof to the person or organization described in subsection (e) of this 79 Raised Bill No. 5494
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section and to the clerk of the municipality. 80
(B) If the registrars determine the petition fails to so comply, such 81
registrars shall promptly (i) notify the person or organization described 82
in subsection (e) of this section of the reason for such failure and the 83
manner in which such noncompliance may be cured, and (ii) advise of 84
the date under subsection (d) of this section by which such petition is 85
required to be presented to such registrars in order to comply with the 86
provisions of this section. 87
(h) (1) The Secretary of the State shall review each certified petition 88
received under subparagraph (A) of subdivision (2) of subsection (g) of 89
this section to determine whether the designation or designations 90
contested by such certified petition comply with the provisions of 91
subsection (b) of this section. 92
(2) (A) (i) If the Secretary determines a designation, including any 93
designation timely filed by the appointing authority in accordance with 94
the provisions of subparagraph (A)(ii) of this subdivision, so complies, 95
the Secretary shall approve such designation and such designation shall 96
appear on the ballot for submission to the electors of the municipality. 97
(ii) The Secretary may consult with the person or organization 98
described in subsection (e) of this section and with officials of the 99
municipality and may recommend an alternate designation that would 100
comply with the provisions of subsection (b) of this section. The 101
appointing authority may approve such alternate designation 102
recommended by the Secretary within the time required under 103
subsection (b) of section 9-369a of the general statutes, as amended by 104
this act, and upon such approval such alternate designation shall 105
supersede the previously prepared designation. 106
(B) If the Secretary determines a designation fails to so comply, the 107
Secretary shall reject such designation, such designation shall not 108
appear on the ballot for submission to the electors of the municipality 109
and such municipality may initiate a new action to amend its charter or 110
home rule ordinance pursuant to section 7-188 of the general statutes. 111 Raised Bill No. 5494
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(3) In the event the Secretary both approves one or more designations 112
pursuant to subparagraph (A) of subdivision (2) of this subsection and 113
rejects one or more designations pursuant to subparagraph (B) of said 114
subdivision, which designations were prepared to appear on the same 115
ballot for submission to the electors of a municipality, the appointing 116
authority may withdraw one or more of the approved designations 117
within the time required under subsection (b) of section 9-369a of the 118
general statutes, as amended by this act. Any such withdrawn 119
designation shall not appear on the ballot for submission to the electors 120
of the municipality. 121
(i) A municipality may appeal any rejection of a designation by the 122
Secretary of the State pursuant to subparagraph (B) of subdivision (2) of 123
subsection (h) of this section to the superior court for the judicial district 124
in which such municipality is located. Both the Secretary and the person 125
or organization described in subsection (e) of this section shall be named 126
as defendants in such appeal. For the purposes of this subsection, any 127
such organization shall have capacity to be sued and to defend such 128
lawsuit. Process shall be served to such person or organization at the 129
mailing address specified in the petition described in subsection (d) of 130
this section, except that, if such mailing address is a post office box, 131
service of process by certified mail, return receipt requested, shall be 132
required and considered valid unless otherwise provided by the rules 133
of the Superior Court. Any appeal taken under this subsection shall be 134
privileged with respect to assignment. On the day fixed for the hearing 135
of such appeal, the court shall, without delay, proceed to hear the parties 136
and render a decision. The court may order any proper remedy, 137
including, but not limited to, alteration of any designation and 138
modification of the date on which any designation shall appear on the 139
ballot for submission to the electors of such municipality. 140
(j) Nothing in this section shall be construed to preclude any person, 141
organization or municipality from seeking other remedies provided by 142
law, provided no court shall stay the appearance of a designation on the 143
ballot or stay the holding of a referendum by reason of such appearance 144
unless the court (1) requires such a stay pursuant to subsection (i) of this 145 Raised Bill No. 5494
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section, or (2) makes a finding of extraordinary circumstances. 146
Sec. 2. Subsection (f) of section 7-191 of the general statutes is repealed 147
and the following is substituted in lieu thereof (Effective July 1, 2024): 148
(f) The proposed charter, charter amendments or home rule 149
ordinance amendments shall be prepared for the ballot by the 150
appointing authority and may be submitted in the form of one or several 151
questions in accordance with the provisions of section 1 of this act; and, 152
if approved by a majority of the electors of the municipality voting 153
thereon at a regular election or if approved by a majority which number 154
equals at least fifteen per cent of the electors of the municipality as 155
determined by the last-completed active registry list of such 156
municipality at a special election, such proposed charter, charter 157
amendments or home rule ordinance amendments shall become 158
effective thirty days after such approval unless an effective date or dates 159
are specified therein, in which event the date or dates specified shall 160
prevail. 161
Sec. 3. Section 9-369 of the general statutes is repealed and the 162
following is substituted in lieu thereof (Effective July 1, 2024): 163
Whenever at any regular or special state or municipal election any 164
vote for approval or disapproval of any constitutional amendment or 165
any question or proposal is taken pursuant to the Constitution, the 166
general statutes or any special act, unless otherwise provided, such 167
election shall be warned and held, the vote on such amendment, 168
question or proposal cast and canvassed and the result determined and 169
certified as nearly as may be in accordance with the provisions 170
governing the election of officers in the state or in such municipality. 171
The warning for such election shall state that a purpose of such election 172
is to vote for the approval or disapproval of such amendment, question 173
or proposal and shall state the section of the Constitution or of the 174
general statutes or the special act under authority of which such vote is 175
taken. The vote on such amendment, question or proposal shall be taken 176
by a "Yes" and "No" vote on the voting tabulator. [, and the] Except as 177 Raised Bill No. 5494
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provided in section 1 of this act for a proposed charter amendment or 178
home rule ordinance amendment, the designation of such amendment, 179
question or proposal on the ballot shall be "Shall (here insert the 180
question or proposal, followed by a question mark)". Such ballot shall 181
be provided for use in accordance with the provisions of section 9-250. 182
The municipal clerk shall number on the ballot the questions to be voted 183
upon according to the order in which they will appear thereon, 184
provided amendments to the Constitution shall be numbered by the 185
Secretary of the State in numerical order based upon the dates on which 186
resolutions proposing such amendments were passed, precedence being 187
given to the earliest passed unless otherwise provided by the resolutions 188
proposing such amendments. Each elector shall vote "Yes" if in favor of 189
the amendment, question or proposal or "No" if not in favor thereof. If, 190
upon the official determination of the result of such vote, it appears that 191
a majority of all the votes so cast are in approval of such amendment, 192
question or proposal, such amendment, question or proposal shall, 193
unless otherwise provided, take effect forthwith. 194
Sec. 4. Subsection (b) of section 9-369a of the general statutes is 195
repealed and the following is substituted in lieu thereof (Effective July 1, 196
2024): 197
(b) When the clerk of the municipality determines that the necessary 198
action has been taken for submission of the question, he shall, at least 199
forty-five days prior to the election, file in the office of the Secretary of 200
the State a statement setting forth the designation of the question as it is 201
to appear on the ballot at the election, the date upon which the 202
submitting action was taken and the reference to the law under which 203
the action was taken. [Such] Except as provided in section 1 of this act 204
for a proposed charter amendment or home rule ordinance amendment, 205
such designation shall be in the form of a question, as provided in 206
section 9-369, as amended by this act. Whenever it is specifically 207
provided in the general statutes that any such question may be 208
approved for such submission within the period of forty-five days prior 209
to such an election, and action is taken to submit a question within such 210
period, the clerk of the municipality shall file the statement required by 211 Raised Bill No. 5494
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this subsection with the Secretary of the State immediately upon the 212
taking of such action. 213
Sec. 5. Subsection (c) of section 9-369b of the general statutes is 214
repealed and the following is substituted in lieu thereof (Effective July 1, 215
2024): 216
(c) [Any] Except as provided in section 1 of this act for a charter 217
amendment or home rule ordinance amendment, any municipality may 218
provide, by ordinance, for the preparation, printing and dissemination 219
of concise summaries of arguments in favor of, and arguments opposed 220
to, local proposals or questions approved for submission to the electors 221
of a municipality at a referendum for which explanatory texts are 222
prepared under subsection (a) of this section. Any such ordinance shall 223
provide for the establishment or designation of a committee to prepare 224
such summaries, in accordance with procedures set forth in said 225
ordinance. The members of said committee shall be representatives of 226
various viewpoints concerning such local proposals or questions. The 227
committee shall provide an opportunity for public comment on such 228
summaries to the extent practicable. Such summaries shall be approved 229
by vote of the legislative body of the municipality, or any other 230
municipal body designated by the ordinance, and shall be posted and 231
distributed in the same manner as explanatory texts under subsection 232
(a) of this section. Each summary shall contain language clearly stating 233
that the printing of the summary does not constitute an endorsement by 234
or represent the official position of the municipality. 235
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 New section
Sec. 2 July 1, 2024 7-191(f)
Sec. 3 July 1, 2024 9-369
Sec. 4 July 1, 2024 9-369a(b)
Sec. 5 July 1, 2024 9-369b(c)
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Statement of Purpose:
To (1) establish standards for proposed charter and home rule ordinance
amendment ballot questions designed to increase clarity and simplicity
for voters, and (2) provide for review, and approval or disapproval, of
such ballot questions by the Secretary of the State.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]