Connecticut 2024 Regular Session

Connecticut House Bill HB05494 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO f 9
	3	+	LCO No. 2934 1 of 9
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5		-	General Assembly ~~Substitute~~ Bill No. 5494
	5	+	General Assembly Raised Bill No. 5494
6	6		February Session, 2024
	7	+	LCO No. 2934
7	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
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12	20		AN ACT CONCERNING REFERENDA ON REVISIONS TO MUNICIPAL
13	21		CHARTERS AND HOME RULE ORDINANCES.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. (NEW) (Effective July 1, 2024) (a) Whenever by law it is 1
18	26		provided that a proposed charter amendment or home rule ordinance 2
19	27		amendment may be submitted to a vote of the electors of a municipality 3
20	28		pursuant to section 7-191 of the general statutes, as amended by this act, 4
21	29		or to any special act, charter or ordinance, the provisions of this section 5
22	30		shall apply in addition to all other applicable provisions of chapter 152 6
23	31		of the general statutes. 7
24	32		(b) (1) Subject to the provisions of subdivision (2) of this subsection, 8
25	33		the designation of a proposed charter amendment or home rule 9
26	34		ordinance amendment on the ballot shall be "Shall (here insert the 10
27	35		question, in a form requiring a "Yes" or "No" response, followed by a 11
28	36		question mark)" and, unless such question as presented adequately 12
29	37		explains the proposed change or changes, shall include a precise and 13
30		-	fair explanation of such proposed change or changes that shall not 14
	38	+	fair explanation of such proposed change or changes that shall not 14 Raised Bill No. 5494
	39	+
	40	+
	41	+
	42	+	LCO No. 2934 2 of 9
	43	+
31	44		advocate either the approval or disapproval of such amendment. Such 15
32	45		question and any such explanation shall be presented on the ballot using 16
33	46		simple, precise, clear, unambiguous and plain language. 17
34		-	(2) In the case where a proposed charter amendment or home rule 18 Substitute Bill No. 5494
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36		-
37		-	LCO f 9
38		-
	47	+	(2) In the case where a proposed charter amendment or home rule 18
39	48		ordinance amendment addresses multiple distinct subjects, each such 19
40	49		subject shall be submitted as a separate designation on the ballot. Where 20
41	50		changes are being proposed across multiple provisions of such a charter 21
42	51		or home rule ordinance, only those changes that relate to a single subject 22
43	52		may be submitted as a single designation on the ballot. 23
44	53		(c) Any municipality may provide for the preparation, printing and 24
45	54		dissemination of concise summaries of arguments in favor of, and 25
46	55		arguments opposed to, a proposed charter amendment or home rule 26
47	56		ordinance amendment, which summaries shall otherwise comply with 27
48	57		the provisions of subsection (c) of section 9-369b of the general statutes, 28
49	58		as amended by this act. 29
50	59		(d) Not later than thirty days after the appointing authority, as 30
51		-	defined in section 7-187 of the general statutes, of a municipality, or 31
52		-	other official of a municipality as required by a special act, charter or 32
53		-	ordinance, prepares for the ballot each designation described in 33
54		-	subsection (b) of this section, in accordance with the provisions of 34
55		-	subsection (f) of section 7-191 of the general statutes, as amended by this 35
56		-	act, a petition signed by not less than one per cent of the electors of such 36
57		-	municipality, as determined by the last-completed registry list thereof, 37
58		-	may be presented to the municipal clerk and to the Secretary of the State 38
59		-	for the purpose of contesting any such designation as being in violation 39
60		-	of subsection (b) of this section. 40
61		-	(e) The petition described in subsection (d) of this section shall specify 41
62		-	(1) the designation or designations being contested and the grounds for 42
63		-	each such contest, and (2) the name, mailing address, electronic mail 43
64		-	address and telephone number of the person to whom, or organization 44
65		-	to which, each notice pertaining to such petition shall be given. The 45
66		-	information described in subdivisions (1) and (2) of this subsection shall 46
67		-	appear, identically, on each page of such petition, and such information 47
68		-	shall also be filed with the registrars of voters of the municipality and 48
69		-	the appointing authority or other official of the municipality, as 49
70		-	described in subsection (d) of this section, at the same time that such 50
71		-	petition is presented to the municipal clerk and the Secretary of the State 51 Substitute Bill No. 5494
	60	+	defined in section 7-187 of the general statutes, prepares for the ballot 31
	61	+	each designation described in subsection (b) of this section, in 32
	62	+	accordance with the provisions of subsection (f) of section 7-191 of the 33
	63	+	general statutes, as amended by this act, a petition signed by not less 34
	64	+	than one per cent of the electors of such municipality, as determined by 35
	65	+	the last-completed registry list thereof, may be presented to the 36
	66	+	registrars of voters of such municipality and to the Secretary of the State 37
	67	+	for the purpose of contesting any such designation as being in violation 38
	68	+	of subsection (b) of this section. 39
	69	+	(e) The petition described in subsection (d) of this section shall specify 40
	70	+	(1) the designation or designations being contested and the grounds for 41
	71	+	each such contest, and (2) the name, mailing address, electronic mail 42
	72	+	address and telephone number of the person to whom, or organization 43
	73	+	to which, each notice pertaining to such petition shall be given. The 44
	74	+	information described in subdivisions (1) and (2) of this subsection shall 45
	75	+	appear, identically, on each page of such petition, and such information 46 Raised Bill No. 5494
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73	77
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76		-	under subsection (d) of this section. 52
77		-	(f) Each elector described in subsection (d) of this section shall include 53
78		-	on such petition, in addition to such elector's signature, the printed 54
79		-	name, address and date of birth of such elector. Each page of such 55
80		-	petition may only be circulated by one circulator who shall, under 56
81		-	penalties of false statement, certify on such page or the reverse side 57
82		-	thereof (1) the name and address of the circulator, (2) the number of 58
83		-	signatures on such page, (3) that each elector whose name appears on 59
84		-	such page signed the page in person in the presence of the circulator, 60
85		-	and (4) that either the circulator knows each such elector or that such 61
86		-	elector satisfactorily identified such elector to the circulator. Each such 62
87		-	page shall also be acknowledged before an appropriate person as 63
88		-	provided in section 1-29 of the general statutes. 64
89		-	(g) (1) Not later than five days after the petition described in 65
90		-	subsection (d) of this section has been presented to the municipal clerk, 66
91		-	such municipal clerk shall return a copy of such petition to the person 67
92		-	or organization described in subsection (e) of this section with (A) a 68
93		-	notice of the dates on which such petition was so presented and so 69
94		-	returned, and (B) such municipal clerk's determination under 70
95		-	subdivision (2) of this subsection of whether such petition complies with 71
96		-	the provisions of subsections (d) to (f), inclusive, of this section, and the 72
97		-	notice required by subparagraph (B) of subdivision (2) of this 73
98		-	subsection, if necessary. Such municipal clerk shall also give notice of 74
99		-	the information described in subparagraphs (A) and (B) of this 75
100		-	subdivision to the registrars of voters of the municipality. 76
101		-	(2) (A) If the municipal clerk determines the petition so complies, 77
102		-	such municipal clerk shall (i) approve such petition, (ii) affix to such 78
103		-	petition a certification of compliance, and (iii) promptly deliver in 79
104		-	person, or send by certified mail, such certified petition to the Secretary 80
105		-	of the State. The Secretary shall, upon receipt of such certified petition, 81
106		-	give notice of such receipt to the person or organization described in 82
107		-	subsection (e) of this section and to the registrars of voters of the 83
108		-	municipality. 84 Substitute Bill No. 5494
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	80	+
	81	+	shall also be filed with the clerk of the municipality and the appointing 47
	82	+	authority at the same time that such petition is presented to the 48
	83	+	registrars of voters and the Secretary of the State under subsection (d) of 49
	84	+	this section. 50
	85	+	(f) Each elector described in subsection (d) of this section shall 51
	86	+	include, in addition to such elector's signature, the printed name, 52
	87	+	address and date of birth of such elector on such petition. Each page of 53
	88	+	such petition may only be circulated by one circulator who shall, under 54
	89	+	penalties of false statement, certify on such page or the reverse side 55
	90	+	thereof (1) the name and address of the circulator, (2) the number of 56
	91	+	signatures on such page, (3) that each elector whose name appears on 57
	92	+	such page signed the page in person in the presence of the circulator, 58
	93	+	and (4) that either the circulator knows each such elector or that such 59
	94	+	elector satisfactorily identified such elector to the circulator. Each such 60
	95	+	page shall also be acknowledged before an appropriate person as 61
	96	+	provided in section 1-29 of the general statutes. 62
	97	+	(g) (1) Not later than five days after the petition described in 63
	98	+	subsection (d) of this section has been presented to the registrars of 64
	99	+	voters of the municipality, such registrars shall return a copy of such 65
	100	+	petition to the person or organization described in subsection (e) of this 66
	101	+	section with (A) a notice of the dates on which such petition was so 67
	102	+	presented and so returned, and (B) such registrars' determination, in 68
	103	+	accordance with subdivision (2) of this subsection, of whether such 69
	104	+	petition complies with the provisions of subsections (d) to (f), inclusive, 70
	105	+	of this section. Such registrars shall also give notice of the information 71
	106	+	described in subparagraphs (A) and (B) of this subdivision to the clerk 72
	107	+	of such municipality. 73
	108	+	(2) (A) If the registrars determine the petition so complies, such 74
	109	+	registrars shall (i) approve such petition, (ii) affix to such petition a 75
	110	+	certification of compliance, and (iii) promptly deliver in person, or send 76
	111	+	by certified mail, such certified petition to the Secretary of the State. The 77
	112	+	Secretary shall, upon receipt of such certified petition, give notice 78
	113	+	thereof to the person or organization described in subsection (e) of this 79 Raised Bill No. 5494
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113		-	(B) If the municipal clerk determines that the petition fails to so 85
114		-	comply, such municipal clerk shall promptly give notice to the person 86
115		-	or organization described in subsection (e) of this section advising of (i) 87
116		-	the reason for such failure and the manner in which such 88
117		-	noncompliance may be cured, and (ii) the date under subsection (d) of 89
118		-	this section by which such petition is required to be presented to such 90
119		-	municipal clerk in order to comply with the provisions of this section. 91
120		-	(h) (1) The Secretary of the State shall review each certified petition 92
121		-	received under subparagraph (A) of subdivision (2) of subsection (g) of 93
122		-	this section to determine whether the designation or designations 94
123		-	contested by such certified petition comply with the provisions of 95
124		-	subsection (b) of this section. 96
125		-	(2) (A) (i) If the Secretary determines a designation, including any 97
126		-	designation timely filed by the appointing authority or other official of 98
127		-	the municipality, as described in subsection (d) of this section, in 99
128		-	accordance with the provisions of subparagraph (A)(ii) of this 100
129		-	subdivision, so complies, the Secretary shall approve such designation 101
130		-	and such designation shall appear on the ballot for submission to the 102
131		-	electors of the municipality. 103
132		-	(ii) The Secretary may consult with the person or organization 104
133		-	described in subsection (e) of this section and with officials of the 105
134		-	municipality and may recommend an alternate designation that would 106
135		-	comply with the provisions of subsection (b) of this section. The 107
136		-	appointing authority or other official may approve such alternate 108
137		-	designation recommended by the Secretary within the time required 109
138		-	under subsection (b) of section 9-369a of the general statutes, as 110
139		-	amended by this act, and upon such approval such alternate designation 111
140		-	shall supersede the previously prepared designation. 112
141		-	(B) If the Secretary determines a designation fails to so comply, the 113
142		-	Secretary shall reject such designation, such designation shall not 114
143		-	appear on the ballot for submission to the electors of the municipality 115
144		-	and such municipality may initiate a new action to amend its charter or 116 Substitute Bill No. 5494
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	118	+
	119	+	section and to the clerk of the municipality. 80
	120	+	(B) If the registrars determine the petition fails to so comply, such 81
	121	+	registrars shall promptly (i) notify the person or organization described 82
	122	+	in subsection (e) of this section of the reason for such failure and the 83
	123	+	manner in which such noncompliance may be cured, and (ii) advise of 84
	124	+	the date under subsection (d) of this section by which such petition is 85
	125	+	required to be presented to such registrars in order to comply with the 86
	126	+	provisions of this section. 87
	127	+	(h) (1) The Secretary of the State shall review each certified petition 88
	128	+	received under subparagraph (A) of subdivision (2) of subsection (g) of 89
	129	+	this section to determine whether the designation or designations 90
	130	+	contested by such certified petition comply with the provisions of 91
	131	+	subsection (b) of this section. 92
	132	+	(2) (A) (i) If the Secretary determines a designation, including any 93
	133	+	designation timely filed by the appointing authority in accordance with 94
	134	+	the provisions of subparagraph (A)(ii) of this subdivision, so complies, 95
	135	+	the Secretary shall approve such designation and such designation shall 96
	136	+	appear on the ballot for submission to the electors of the municipality. 97
	137	+	(ii) The Secretary may consult with the person or organization 98
	138	+	described in subsection (e) of this section and with officials of the 99
	139	+	municipality and may recommend an alternate designation that would 100
	140	+	comply with the provisions of subsection (b) of this section. The 101
	141	+	appointing authority may approve such alternate designation 102
	142	+	recommended by the Secretary within the time required under 103
	143	+	subsection (b) of section 9-369a of the general statutes, as amended by 104
	144	+	this act, and upon such approval such alternate designation shall 105
	145	+	supersede the previously prepared designation. 106
	146	+	(B) If the Secretary determines a designation fails to so comply, the 107
	147	+	Secretary shall reject such designation, such designation shall not 108
	148	+	appear on the ballot for submission to the electors of the municipality 109
	149	+	and such municipality may initiate a new action to amend its charter or 110
	150	+	home rule ordinance pursuant to section 7-188 of the general statutes. 111 Raised Bill No. 5494
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149		-	home rule ordinance pursuant to section 7-188 of the general statutes. 117
150		-	(3) In the event the Secretary both approves one or more designations 118
151		-	pursuant to subparagraph (A) of subdivision (2) of this subsection and 119
152		-	rejects one or more designations pursuant to subparagraph (B) of said 120
153		-	subdivision, which designations were prepared to appear on the same 121
154		-	ballot for submission to the electors of a municipality, the appointing 122
155		-	authority or other official of the municipality, as described in subsection 123
156		-	(d) of this section, may withdraw one or more of the approved 124
157		-	designations within the time required under subsection (b) of section 9-125
158		-	369a of the general statutes, as amended by this act. Any such 126
159		-	withdrawn designation shall not appear on the ballot for submission to 127
160		-	the electors of the municipality. 128
161		-	(i) A municipality may appeal any rejection of a designation by the 129
162		-	Secretary of the State pursuant to subparagraph (B) of subdivision (2) of 130
163		-	subsection (h) of this section to the superior court for the judicial district 131
164		-	in which such municipality is located. Both the Secretary and the person 132
165		-	or organization described in subsection (e) of this section shall be named 133
166		-	as defendants in such appeal. For the purposes of this subsection, any 134
167		-	such organization shall have capacity to be sued and to defend such 135
168		-	lawsuit. Process shall be served to such person or organization at the 136
169		-	mailing address specified in the petition described in subsection (d) of 137
170		-	this section, except that, if such mailing address is a post office box, 138
171		-	service of process by certified mail, return receipt requested, shall be 139
172		-	required and considered valid unless otherwise provided by the rules 140
173		-	of the Superior Court. Any appeal taken under this subsection shall be 141
174		-	privileged with respect to assignment. On the day fixed for the hearing 142
175		-	of such appeal, the court shall, without delay, proceed to hear the parties 143
176		-	and render a decision. The court may order any proper remedy, 144
177		-	including, but not limited to, alteration of any designation and 145
178		-	modification of the date on which any designation shall appear on the 146
179		-	ballot for submission to the electors of such municipality. 147
180		-	(j) Nothing in this section shall be construed to preclude any person, 148
181		-	organization or municipality from seeking other remedies provided by 149 Substitute Bill No. 5494
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	156	+	(3) In the event the Secretary both approves one or more designations 112
	157	+	pursuant to subparagraph (A) of subdivision (2) of this subsection and 113
	158	+	rejects one or more designations pursuant to subparagraph (B) of said 114
	159	+	subdivision, which designations were prepared to appear on the same 115
	160	+	ballot for submission to the electors of a municipality, the appointing 116
	161	+	authority may withdraw one or more of the approved designations 117
	162	+	within the time required under subsection (b) of section 9-369a of the 118
	163	+	general statutes, as amended by this act. Any such withdrawn 119
	164	+	designation shall not appear on the ballot for submission to the electors 120
	165	+	of the municipality. 121
	166	+	(i) A municipality may appeal any rejection of a designation by the 122
	167	+	Secretary of the State pursuant to subparagraph (B) of subdivision (2) of 123
	168	+	subsection (h) of this section to the superior court for the judicial district 124
	169	+	in which such municipality is located. Both the Secretary and the person 125
	170	+	or organization described in subsection (e) of this section shall be named 126
	171	+	as defendants in such appeal. For the purposes of this subsection, any 127
	172	+	such organization shall have capacity to be sued and to defend such 128
	173	+	lawsuit. Process shall be served to such person or organization at the 129
	174	+	mailing address specified in the petition described in subsection (d) of 130
	175	+	this section, except that, if such mailing address is a post office box, 131
	176	+	service of process by certified mail, return receipt requested, shall be 132
	177	+	required and considered valid unless otherwise provided by the rules 133
	178	+	of the Superior Court. Any appeal taken under this subsection shall be 134
	179	+	privileged with respect to assignment. On the day fixed for the hearing 135
	180	+	of such appeal, the court shall, without delay, proceed to hear the parties 136
	181	+	and render a decision. The court may order any proper remedy, 137
	182	+	including, but not limited to, alteration of any designation and 138
	183	+	modification of the date on which any designation shall appear on the 139
	184	+	ballot for submission to the electors of such municipality. 140
	185	+	(j) Nothing in this section shall be construed to preclude any person, 141
	186	+	organization or municipality from seeking other remedies provided by 142
	187	+	law, provided no court shall stay the appearance of a designation on the 143
	188	+	ballot or stay the holding of a referendum by reason of such appearance 144
	189	+	unless the court (1) requires such a stay pursuant to subsection (i) of this 145 Raised Bill No. 5494
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186		-	law, provided no court shall stay the appearance of a designation on the 150
187		-	ballot or stay the holding of a referendum by reason of such appearance 151
188		-	unless the court (1) requires such a stay pursuant to subsection (i) of this 152
189		-	section, or (2) makes a finding of extraordinary circumstances. 153
190		-	Sec. 2. Subsection (f) of section 7-191 of the general statutes is repealed 154
191		-	and the following is substituted in lieu thereof (Effective July 1, 2024): 155
192		-	(f) The proposed charter, charter amendments or home rule 156
193		-	ordinance amendments shall be prepared for the ballot by the 157
194		-	appointing authority and may be submitted in the form of one or several 158
195		-	questions in accordance with the provisions of section 1 of this act; and, 159
196		-	if approved by a majority of the electors of the municipality voting 160
197		-	thereon at a regular election or if approved by a majority which number 161
198		-	equals at least fifteen per cent of the electors of the municipality as 162
199		-	determined by the last-completed active registry list of such 163
200		-	municipality at a special election, such proposed charter, charter 164
201		-	amendments or home rule ordinance amendments shall become 165
202		-	effective thirty days after such approval unless an effective date or dates 166
203		-	are specified therein, in which event the date or dates specified shall 167
204		-	prevail. 168
205		-	Sec. 3. Section 9-369 of the general statutes is repealed and the 169
206		-	following is substituted in lieu thereof (Effective July 1, 2024): 170
207		-	Whenever at any regular or special state or municipal election any 171
208		-	vote for approval or disapproval of any constitutional amendment or 172
209		-	any question or proposal is taken pursuant to the Constitution, the 173
210		-	general statutes or any special act, unless otherwise provided, such 174
211		-	election shall be warned and held, the vote on such amendment, 175
212		-	question or proposal cast and canvassed and the result determined and 176
213		-	certified as nearly as may be in accordance with the provisions 177
214		-	governing the election of officers in the state or in such municipality. 178
215		-	The warning for such election shall state that a purpose of such election 179
216		-	is to vote for the approval or disapproval of such amendment, question 180
217		-	or proposal and shall state the section of the Constitution or of the 181 Substitute Bill No. 5494
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	194	+
	195	+	section, or (2) makes a finding of extraordinary circumstances. 146
	196	+	Sec. 2. Subsection (f) of section 7-191 of the general statutes is repealed 147
	197	+	and the following is substituted in lieu thereof (Effective July 1, 2024): 148
	198	+	(f) The proposed charter, charter amendments or home rule 149
	199	+	ordinance amendments shall be prepared for the ballot by the 150
	200	+	appointing authority and may be submitted in the form of one or several 151
	201	+	questions in accordance with the provisions of section 1 of this act; and, 152
	202	+	if approved by a majority of the electors of the municipality voting 153
	203	+	thereon at a regular election or if approved by a majority which number 154
	204	+	equals at least fifteen per cent of the electors of the municipality as 155
	205	+	determined by the last-completed active registry list of such 156
	206	+	municipality at a special election, such proposed charter, charter 157
	207	+	amendments or home rule ordinance amendments shall become 158
	208	+	effective thirty days after such approval unless an effective date or dates 159
	209	+	are specified therein, in which event the date or dates specified shall 160
	210	+	prevail. 161
	211	+	Sec. 3. Section 9-369 of the general statutes is repealed and the 162
	212	+	following is substituted in lieu thereof (Effective July 1, 2024): 163
	213	+	Whenever at any regular or special state or municipal election any 164
	214	+	vote for approval or disapproval of any constitutional amendment or 165
	215	+	any question or proposal is taken pursuant to the Constitution, the 166
	216	+	general statutes or any special act, unless otherwise provided, such 167
	217	+	election shall be warned and held, the vote on such amendment, 168
	218	+	question or proposal cast and canvassed and the result determined and 169
	219	+	certified as nearly as may be in accordance with the provisions 170
	220	+	governing the election of officers in the state or in such municipality. 171
	221	+	The warning for such election shall state that a purpose of such election 172
	222	+	is to vote for the approval or disapproval of such amendment, question 173
	223	+	or proposal and shall state the section of the Constitution or of the 174
	224	+	general statutes or the special act under authority of which such vote is 175
	225	+	taken. The vote on such amendment, question or proposal shall be taken 176
	226	+	by a "Yes" and "No" vote on the voting tabulator. [, and the] Except as 177 Raised Bill No. 5494
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222		-	general statutes or the special act under authority of which such vote is 182
223		-	taken. The vote on such amendment, question or proposal shall be taken 183
224		-	by a "Yes" and "No" vote on the voting tabulator. [, and the] Except as 184
225		-	provided in section 1 of this act for a proposed charter amendment or 185
226		-	home rule ordinance amendment, the designation of such constitutional 186
227		-	amendment, or of such question or proposal, on the ballot shall be "Shall 187
228		-	(here insert the question or proposal, followed by a question mark)". 188
229		-	Such ballot shall be provided for use in accordance with the provisions 189
230		-	of section 9-250. The municipal clerk shall number on the ballot the 190
231		-	questions to be voted upon according to the order in which they will 191
232		-	appear thereon, provided amendments to the Constitution shall be 192
233		-	numbered by the Secretary of the State in numerical order based upon 193
234		-	the dates on which resolutions proposing such amendments were 194
235		-	passed, precedence being given to the earliest passed unless otherwise 195
236		-	provided by the resolutions proposing such amendments. Each elector 196
237		-	shall vote "Yes" if in favor of the amendment, question or proposal or 197
238		-	"No" if not in favor thereof. If, upon the official determination of the 198
239		-	result of such vote, it appears that a majority of all the votes so cast are 199
240		-	in approval of such amendment, question or proposal, such 200
241		-	amendment, question or proposal shall, unless otherwise provided, take 201
242		-	effect forthwith. 202
243		-	Sec. 4. Subsection (b) of section 9-369a of the general statutes is 203
244		-	repealed and the following is substituted in lieu thereof (Effective July 1, 204
245		-	2024): 205
246		-	(b) When the clerk of the municipality determines that the necessary 206
247		-	action has been taken for submission of the question, he shall, at least 207
248		-	forty-five days prior to the election, file in the office of the Secretary of 208
249		-	the State a statement setting forth the designation of the question as it is 209
250		-	to appear on the ballot at the election, the date upon which the 210
251		-	submitting action was taken and the reference to the law under which 211
252		-	the action was taken. [Such] Except as provided in section 1 of this act 212
253		-	for a proposed charter amendment or home rule ordinance amendment, 213
254		-	such designation shall be in the form of a question, as provided in 214
255		-	section 9-369, as amended by this act. Whenever it is specifically 215 Substitute Bill No. 5494
	230	+	LCO No. 2934 7 of 9
	231	+
	232	+	provided in section 1 of this act for a proposed charter amendment or 178
	233	+	home rule ordinance amendment, the designation of such amendment, 179
	234	+	question or proposal on the ballot shall be "Shall (here insert the 180
	235	+	question or proposal, followed by a question mark)". Such ballot shall 181
	236	+	be provided for use in accordance with the provisions of section 9-250. 182
	237	+	The municipal clerk shall number on the ballot the questions to be voted 183
	238	+	upon according to the order in which they will appear thereon, 184
	239	+	provided amendments to the Constitution shall be numbered by the 185
	240	+	Secretary of the State in numerical order based upon the dates on which 186
	241	+	resolutions proposing such amendments were passed, precedence being 187
	242	+	given to the earliest passed unless otherwise provided by the resolutions 188
	243	+	proposing such amendments. Each elector shall vote "Yes" if in favor of 189
	244	+	the amendment, question or proposal or "No" if not in favor thereof. If, 190
	245	+	upon the official determination of the result of such vote, it appears that 191
	246	+	a majority of all the votes so cast are in approval of such amendment, 192
	247	+	question or proposal, such amendment, question or proposal shall, 193
	248	+	unless otherwise provided, take effect forthwith. 194
	249	+	Sec. 4. Subsection (b) of section 9-369a of the general statutes is 195
	250	+	repealed and the following is substituted in lieu thereof (Effective July 1, 196
	251	+	2024): 197
	252	+	(b) When the clerk of the municipality determines that the necessary 198
	253	+	action has been taken for submission of the question, he shall, at least 199
	254	+	forty-five days prior to the election, file in the office of the Secretary of 200
	255	+	the State a statement setting forth the designation of the question as it is 201
	256	+	to appear on the ballot at the election, the date upon which the 202
	257	+	submitting action was taken and the reference to the law under which 203
	258	+	the action was taken. [Such] Except as provided in section 1 of this act 204
	259	+	for a proposed charter amendment or home rule ordinance amendment, 205
	260	+	such designation shall be in the form of a question, as provided in 206
	261	+	section 9-369, as amended by this act. Whenever it is specifically 207
	262	+	provided in the general statutes that any such question may be 208
	263	+	approved for such submission within the period of forty-five days prior 209
	264	+	to such an election, and action is taken to submit a question within such 210
	265	+	period, the clerk of the municipality shall file the statement required by 211 Raised Bill No. 5494
256	266
257	267
258		-	LCO f 9
259	268
260		-	provided in the general statutes that any such question may be 216
261		-	approved for such submission within the period of forty-five days prior 217
262		-	to such an election, and action is taken to submit a question within such 218
263		-	period, the clerk of the municipality shall file the statement required by 219
264		-	this subsection with the Secretary of the State immediately upon the 220
265		-	taking of such action. 221
266		-	Sec. 5. Subsection (c) of section 9-369b of the general statutes is 222
267		-	repealed and the following is substituted in lieu thereof (Effective July 1, 223
268		-	2024): 224
269		-	(c) [Any] Except as provided in section 1 of this act for a proposed 225
270		-	charter amendment or home rule ordinance amendment, any 226
271		-	municipality may provide, by ordinance, for the preparation, printing 227
272		-	and dissemination of concise summaries of arguments in favor of, and 228
273		-	arguments opposed to, local proposals or questions approved for 229
274		-	submission to the electors of a municipality at a referendum for which 230
275		-	explanatory texts are prepared under subsection (a) of this section. Any 231
276		-	such ordinance shall provide for the establishment or designation of a 232
277		-	committee to prepare such summaries, in accordance with procedures 233
278		-	set forth in said ordinance. The members of said committee shall be 234
279		-	representatives of various viewpoints concerning such local proposals 235
280		-	or questions. The committee shall provide an opportunity for public 236
281		-	comment on such summaries to the extent practicable. Such summaries 237
282		-	shall be approved by vote of the legislative body of the municipality, or 238
283		-	any other municipal body designated by the ordinance, and shall be 239
284		-	posted and distributed in the same manner as explanatory texts under 240
285		-	subsection (a) of this section. Each summary shall contain language 241
286		-	clearly stating that the printing of the summary does not constitute an 242
287		-	endorsement by or represent the official position of the municipality. 243
	269	+	LCO No. 2934 8 of 9
	270	+
	271	+	this subsection with the Secretary of the State immediately upon the 212
	272	+	taking of such action. 213
	273	+	Sec. 5. Subsection (c) of section 9-369b of the general statutes is 214
	274	+	repealed and the following is substituted in lieu thereof (Effective July 1, 215
	275	+	2024): 216
	276	+	(c) [Any] Except as provided in section 1 of this act for a charter 217
	277	+	amendment or home rule ordinance amendment, any municipality may 218
	278	+	provide, by ordinance, for the preparation, printing and dissemination 219
	279	+	of concise summaries of arguments in favor of, and arguments opposed 220
	280	+	to, local proposals or questions approved for submission to the electors 221
	281	+	of a municipality at a referendum for which explanatory texts are 222
	282	+	prepared under subsection (a) of this section. Any such ordinance shall 223
	283	+	provide for the establishment or designation of a committee to prepare 224
	284	+	such summaries, in accordance with procedures set forth in said 225
	285	+	ordinance. The members of said committee shall be representatives of 226
	286	+	various viewpoints concerning such local proposals or questions. The 227
	287	+	committee shall provide an opportunity for public comment on such 228
	288	+	summaries to the extent practicable. Such summaries shall be approved 229
	289	+	by vote of the legislative body of the municipality, or any other 230
	290	+	municipal body designated by the ordinance, and shall be posted and 231
	291	+	distributed in the same manner as explanatory texts under subsection 232
	292	+	(a) of this section. Each summary shall contain language clearly stating 233
	293	+	that the printing of the summary does not constitute an endorsement by 234
	294	+	or represent the official position of the municipality. 235
288	295		This act shall take effect as follows and shall amend the following
289	296		sections:
290	297
291	298		Section 1 July 1, 2024 New section
292	299		Sec. 2 July 1, 2024 7-191(f)
293		-	Sec. 3 July 1, 2024 9-369 Substitute Bill No. 5494
	300	+	Sec. 3 July 1, 2024 9-369
	301	+	Sec. 4 July 1, 2024 9-369a(b)
	302	+	Sec. 5 July 1, 2024 9-369b(c)
	303	+	Raised Bill No. 5494
294	304
295	305
296		-	LCO f 9
297	306
298		-	Sec. 4 July 1, 2024 9-369a(b)
299		-	Sec. 5 July 1, 2024 9-369b(c)
	307	+	LCO No. 2934 9 of 9
300	308
301		-	Statement of Legislative Commissioners:
302		-	In Section 1, "of a municipality, or other official of a municipality as
303		-	required by a special act, charter or ordinance," was added for clarity
304		-	and accuracy in Subsec. (d), and references to such "other official" were
305		-	added for consistency in Subsecs. (e), (h)(2)(A) and (h)(3); in Section 1(f),
306		-	the first sentence was rewritten for clarity; in Section 1(g), Subdivs.
307		-	(1)(B) and (2)(B) were rewritten for clarity and consistency, and "give
308		-	notice thereof" was changed to "give notice of such receipt" for clarity in
309		-	Subdiv. (2)(A); in Section 3, "the designation of such amendment,
310		-	question or proposal on" was changed to "the designation of such
311		-	constitutional amendment, or of such question or proposal, on" for
312		-	clarity; and in Section 5(c), "charter amendment" was changed to
313		-	"proposed charter amendment" for consistency.
314		-
315		-	GAE Joint Favorable Subst.
	309	+	Statement of Purpose:
	310	+	To (1) establish standards for proposed charter and home rule ordinance
	311	+	amendment ballot questions designed to increase clarity and simplicity
	312	+	for voters, and (2) provide for review, and approval or disapproval, of
	313	+	such ballot questions by the Secretary of the State.
	314	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	315	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	316	+	underlined.]
316	317