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General Assembly Substitute Bill No. 5494
February Session, 2024
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
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 Substitute Bill No. 5494
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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, of a municipality, or 31
other official of a municipality as required by a special act, charter or 32
ordinance, prepares for the ballot each designation described in 33
subsection (b) of this section, in accordance with the provisions of 34
subsection (f) of section 7-191 of the general statutes, as amended by this 35
act, a petition signed by not less than one per cent of the electors of such 36
municipality, as determined by the last-completed registry list thereof, 37
may be presented to the municipal clerk and to the Secretary of the State 38
for the purpose of contesting any such designation as being in violation 39
of subsection (b) of this section. 40
(e) The petition described in subsection (d) of this section shall specify 41
(1) the designation or designations being contested and the grounds for 42
each such contest, and (2) the name, mailing address, electronic mail 43
address and telephone number of the person to whom, or organization 44
to which, each notice pertaining to such petition shall be given. The 45
information described in subdivisions (1) and (2) of this subsection shall 46
appear, identically, on each page of such petition, and such information 47
shall also be filed with the registrars of voters of the municipality and 48
the appointing authority or other official of the municipality, as 49
described in subsection (d) of this section, at the same time that such 50
petition is presented to the municipal clerk and the Secretary of the State 51 Substitute Bill No. 5494
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under subsection (d) of this section. 52
(f) Each elector described in subsection (d) of this section shall include 53
on such petition, in addition to such elector's signature, the printed 54
name, address and date of birth of such elector. Each page of such 55
petition may only be circulated by one circulator who shall, under 56
penalties of false statement, certify on such page or the reverse side 57
thereof (1) the name and address of the circulator, (2) the number of 58
signatures on such page, (3) that each elector whose name appears on 59
such page signed the page in person in the presence of the circulator, 60
and (4) that either the circulator knows each such elector or that such 61
elector satisfactorily identified such elector to the circulator. Each such 62
page shall also be acknowledged before an appropriate person as 63
provided in section 1-29 of the general statutes. 64
(g) (1) Not later than five days after the petition described in 65
subsection (d) of this section has been presented to the municipal clerk, 66
such municipal clerk shall return a copy of such petition to the person 67
or organization described in subsection (e) of this section with (A) a 68
notice of the dates on which such petition was so presented and so 69
returned, and (B) such municipal clerk's determination under 70
subdivision (2) of this subsection of whether such petition complies with 71
the provisions of subsections (d) to (f), inclusive, of this section, and the 72
notice required by subparagraph (B) of subdivision (2) of this 73
subsection, if necessary. Such municipal clerk shall also give notice of 74
the information described in subparagraphs (A) and (B) of this 75
subdivision to the registrars of voters of the municipality. 76
(2) (A) If the municipal clerk determines the petition so complies, 77
such municipal clerk shall (i) approve such petition, (ii) affix to such 78
petition a certification of compliance, and (iii) promptly deliver in 79
person, or send by certified mail, such certified petition to the Secretary 80
of the State. The Secretary shall, upon receipt of such certified petition, 81
give notice of such receipt to the person or organization described in 82
subsection (e) of this section and to the registrars of voters of the 83
municipality. 84 Substitute Bill No. 5494
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(B) If the municipal clerk determines that the petition fails to so 85
comply, such municipal clerk shall promptly give notice to the person 86
or organization described in subsection (e) of this section advising of (i) 87
the reason for such failure and the manner in which such 88
noncompliance may be cured, and (ii) the date under subsection (d) of 89
this section by which such petition is required to be presented to such 90
municipal clerk in order to comply with the provisions of this section. 91
(h) (1) The Secretary of the State shall review each certified petition 92
received under subparagraph (A) of subdivision (2) of subsection (g) of 93
this section to determine whether the designation or designations 94
contested by such certified petition comply with the provisions of 95
subsection (b) of this section. 96
(2) (A) (i) If the Secretary determines a designation, including any 97
designation timely filed by the appointing authority or other official of 98
the municipality, as described in subsection (d) of this section, in 99
accordance with the provisions of subparagraph (A)(ii) of this 100
subdivision, so complies, the Secretary shall approve such designation 101
and such designation shall appear on the ballot for submission to the 102
electors of the municipality. 103
(ii) The Secretary may consult with the person or organization 104
described in subsection (e) of this section and with officials of the 105
municipality and may recommend an alternate designation that would 106
comply with the provisions of subsection (b) of this section. The 107
appointing authority or other official may approve such alternate 108
designation recommended by the Secretary within the time required 109
under subsection (b) of section 9-369a of the general statutes, as 110
amended by this act, and upon such approval such alternate designation 111
shall supersede the previously prepared designation. 112
(B) If the Secretary determines a designation fails to so comply, the 113
Secretary shall reject such designation, such designation shall not 114
appear on the ballot for submission to the electors of the municipality 115
and such municipality may initiate a new action to amend its charter or 116 Substitute Bill No. 5494
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home rule ordinance pursuant to section 7-188 of the general statutes. 117
(3) In the event the Secretary both approves one or more designations 118
pursuant to subparagraph (A) of subdivision (2) of this subsection and 119
rejects one or more designations pursuant to subparagraph (B) of said 120
subdivision, which designations were prepared to appear on the same 121
ballot for submission to the electors of a municipality, the appointing 122
authority or other official of the municipality, as described in subsection 123
(d) of this section, may withdraw one or more of the approved 124
designations within the time required under subsection (b) of section 9-125
369a of the general statutes, as amended by this act. Any such 126
withdrawn designation shall not appear on the ballot for submission to 127
the electors of the municipality. 128
(i) A municipality may appeal any rejection of a designation by the 129
Secretary of the State pursuant to subparagraph (B) of subdivision (2) of 130
subsection (h) of this section to the superior court for the judicial district 131
in which such municipality is located. Both the Secretary and the person 132
or organization described in subsection (e) of this section shall be named 133
as defendants in such appeal. For the purposes of this subsection, any 134
such organization shall have capacity to be sued and to defend such 135
lawsuit. Process shall be served to such person or organization at the 136
mailing address specified in the petition described in subsection (d) of 137
this section, except that, if such mailing address is a post office box, 138
service of process by certified mail, return receipt requested, shall be 139
required and considered valid unless otherwise provided by the rules 140
of the Superior Court. Any appeal taken under this subsection shall be 141
privileged with respect to assignment. On the day fixed for the hearing 142
of such appeal, the court shall, without delay, proceed to hear the parties 143
and render a decision. The court may order any proper remedy, 144
including, but not limited to, alteration of any designation and 145
modification of the date on which any designation shall appear on the 146
ballot for submission to the electors of such municipality. 147
(j) Nothing in this section shall be construed to preclude any person, 148
organization or municipality from seeking other remedies provided by 149 Substitute Bill No. 5494
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law, provided no court shall stay the appearance of a designation on the 150
ballot or stay the holding of a referendum by reason of such appearance 151
unless the court (1) requires such a stay pursuant to subsection (i) of this 152
section, or (2) makes a finding of extraordinary circumstances. 153
Sec. 2. Subsection (f) of section 7-191 of the general statutes is repealed 154
and the following is substituted in lieu thereof (Effective July 1, 2024): 155
(f) The proposed charter, charter amendments or home rule 156
ordinance amendments shall be prepared for the ballot by the 157
appointing authority and may be submitted in the form of one or several 158
questions in accordance with the provisions of section 1 of this act; and, 159
if approved by a majority of the electors of the municipality voting 160
thereon at a regular election or if approved by a majority which number 161
equals at least fifteen per cent of the electors of the municipality as 162
determined by the last-completed active registry list of such 163
municipality at a special election, such proposed charter, charter 164
amendments or home rule ordinance amendments shall become 165
effective thirty days after such approval unless an effective date or dates 166
are specified therein, in which event the date or dates specified shall 167
prevail. 168
Sec. 3. Section 9-369 of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective July 1, 2024): 170
Whenever at any regular or special state or municipal election any 171
vote for approval or disapproval of any constitutional amendment or 172
any question or proposal is taken pursuant to the Constitution, the 173
general statutes or any special act, unless otherwise provided, such 174
election shall be warned and held, the vote on such amendment, 175
question or proposal cast and canvassed and the result determined and 176
certified as nearly as may be in accordance with the provisions 177
governing the election of officers in the state or in such municipality. 178
The warning for such election shall state that a purpose of such election 179
is to vote for the approval or disapproval of such amendment, question 180
or proposal and shall state the section of the Constitution or of the 181 Substitute Bill No. 5494
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general statutes or the special act under authority of which such vote is 182
taken. The vote on such amendment, question or proposal shall be taken 183
by a "Yes" and "No" vote on the voting tabulator. [, and the] Except as 184
provided in section 1 of this act for a proposed charter amendment or 185
home rule ordinance amendment, the designation of such constitutional 186
amendment, or of such question or proposal, on the ballot shall be "Shall 187
(here insert the question or proposal, followed by a question mark)". 188
Such ballot shall be provided for use in accordance with the provisions 189
of section 9-250. The municipal clerk shall number on the ballot the 190
questions to be voted upon according to the order in which they will 191
appear thereon, provided amendments to the Constitution shall be 192
numbered by the Secretary of the State in numerical order based upon 193
the dates on which resolutions proposing such amendments were 194
passed, precedence being given to the earliest passed unless otherwise 195
provided by the resolutions proposing such amendments. Each elector 196
shall vote "Yes" if in favor of the amendment, question or proposal or 197
"No" if not in favor thereof. If, upon the official determination of the 198
result of such vote, it appears that a majority of all the votes so cast are 199
in approval of such amendment, question or proposal, such 200
amendment, question or proposal shall, unless otherwise provided, take 201
effect forthwith. 202
Sec. 4. Subsection (b) of section 9-369a of the general statutes is 203
repealed and the following is substituted in lieu thereof (Effective July 1, 204
2024): 205
(b) When the clerk of the municipality determines that the necessary 206
action has been taken for submission of the question, he shall, at least 207
forty-five days prior to the election, file in the office of the Secretary of 208
the State a statement setting forth the designation of the question as it is 209
to appear on the ballot at the election, the date upon which the 210
submitting action was taken and the reference to the law under which 211
the action was taken. [Such] Except as provided in section 1 of this act 212
for a proposed charter amendment or home rule ordinance amendment, 213
such designation shall be in the form of a question, as provided in 214
section 9-369, as amended by this act. Whenever it is specifically 215 Substitute Bill No. 5494
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provided in the general statutes that any such question may be 216
approved for such submission within the period of forty-five days prior 217
to such an election, and action is taken to submit a question within such 218
period, the clerk of the municipality shall file the statement required by 219
this subsection with the Secretary of the State immediately upon the 220
taking of such action. 221
Sec. 5. Subsection (c) of section 9-369b of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective July 1, 223
2024): 224
(c) [Any] Except as provided in section 1 of this act for a proposed 225
charter amendment or home rule ordinance amendment, any 226
municipality may provide, by ordinance, for the preparation, printing 227
and dissemination of concise summaries of arguments in favor of, and 228
arguments opposed to, local proposals or questions approved for 229
submission to the electors of a municipality at a referendum for which 230
explanatory texts are prepared under subsection (a) of this section. Any 231
such ordinance shall provide for the establishment or designation of a 232
committee to prepare such summaries, in accordance with procedures 233
set forth in said ordinance. The members of said committee shall be 234
representatives of various viewpoints concerning such local proposals 235
or questions. The committee shall provide an opportunity for public 236
comment on such summaries to the extent practicable. Such summaries 237
shall be approved by vote of the legislative body of the municipality, or 238
any other municipal body designated by the ordinance, and shall be 239
posted and distributed in the same manner as explanatory texts under 240
subsection (a) of this section. Each summary shall contain language 241
clearly stating that the printing of the summary does not constitute an 242
endorsement by or represent the official position of the municipality. 243
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 Substitute Bill No. 5494
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Sec. 4 July 1, 2024 9-369a(b)
Sec. 5 July 1, 2024 9-369b(c)
Statement of Legislative Commissioners:
In Section 1, "of a municipality, or other official of a municipality as
required by a special act, charter or ordinance," was added for clarity
and accuracy in Subsec. (d), and references to such "other official" were
added for consistency in Subsecs. (e), (h)(2)(A) and (h)(3); in Section 1(f),
the first sentence was rewritten for clarity; in Section 1(g), Subdivs.
(1)(B) and (2)(B) were rewritten for clarity and consistency, and "give
notice thereof" was changed to "give notice of such receipt" for clarity in
Subdiv. (2)(A); in Section 3, "the designation of such amendment,
question or proposal on" was changed to "the designation of such
constitutional amendment, or of such question or proposal, on" for
clarity; and in Section 5(c), "charter amendment" was changed to
"proposed charter amendment" for consistency.
GAE Joint Favorable Subst.