Researcher: MHF Page 1 4/15/24
OLR Bill Analysis
sHB 5498
AN ACT CONCERNING ELECTION SECURITY AND
TRANSPARENCY, VARIOUS OTHER REVISIONS RELATED TO
ELECTION ADMINISTRATION AND STATE ELECTIONS
ENFORCEMENT COMMISSION COMPLAINTS.
TABLE OF CONTENTS:
SUMMARY
§ 1 — RECORDING ABSENTEE BALLOT DROP BOX ES
Requires municipalities to make video recordings of drop boxes and release them to the
public
§ 2 — RECEIPT OF ABSENTEE BALLOTS
Requires town clerks to record how absentee ballots are received and sets reporting
requirements
§ 3 — REQUEST FOR ADDITIONAL ABSENTEE BALLOT
APPLICATIONS
Requires voters to personally request additional absentee ballot applications
§§ 4 & 5 — VOTING INTERFERENCE CRIMES
Expands prohibition on using certain means to influence or attempt to influence a voter to
stay away from an election to include using these means to influence a voter to refrain from
voting; specifies certain existing voting interference crimes include votes cast by mail, into
a secure drop box, or in-person
§§ 6 & 7 — ABSENTEE BALLOT APPLICATION FORMS
Requires absentee ballot applications to be designated for a specific year and prohibits
their use and distribution without a valid designation; limits the number of applications a
person may request during certain periods
§ 8 — CONFIDENTIALITY OF VOTER REGISTRATION DATA FROM
OTHER ENTITIES
Requires all data shared from state agencies, other states, and the federal government for
the voter registration system to be confidential
§ 9 — ABSENTEE BALLOT VERIFICATIONS
Requires town clerks to conduct absentee ballot verifications with the statewide centralized
voter registration system
§ 10 — DISCLOSURE OF VOTER REGISTRATION INFORMATION
Limits disclosure of voter registration information for certain purposes and specifically
prohibits others 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 2 4/15/24
§§ 11-14 — AUTHORIZED INDIVIDUALS AT CERTAIN ELECTION
SITES
Specifies certain individuals who may be present at early voting and same-day election
registration locations and prohibits others from being at ballot counting locations
§§ 15-20 — PETITION CIRCULATORS
Eliminates the prohibition on out-of-state residents circulating primary and nominating
petitions
§ 21 — PERMANENT ABSENTEE BALLOT STATUS
Eliminates requirement that electors lose permanent absentee ballot status if they do not
timely return the annual address confirmation notice
§ 22 — POST-ELECTION AUDIT TIMELINES
Expands timeline to conduct post-election audits for municipal election
§§ 23-28 — APPEARANCE OF BALLOT VACANCIES
Generally requires election officials to obscure candidates' names in an opaque manner if
a ballot vacancy occurs, instead of using blank stickers
§ 29 — PARTY REGISTRATION
Requires the secretary of the state to evaluate certain forms to minimize confusion and
ambiguity about party enrollment
§ 30 — SEEC COMPLAINTS
Requires referral of certain complaints filed with SEEC to the chief state’s attorney and
requires him to report on these referrals to the Government Administration and Elections
Committee
BACKGROUND
SUMMARY
This bill makes various changes to the state’s election laws. Primarily,
it makes several changes to the laws on requesting and returning
absentee ballots, including requiring the recording of drop boxes (§ 1);
recording and reporting how absentee ballots are received by a town
clerk (§ 2); and requiring voters to personally apply for an additional
absentee ballot (§ 3).
Additionally, it sets expiration dates for absentee ballot applications
(§ 6) and creates certain limitations on acquiring ballot applications in
bulk (§ 7). It also requires the use of the central voter registration system
to verify absentee ballot applications and ballots (§ 9) as well as
eliminating one grounds for removal from permanent absentee ballot
status (§ 21). 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 3 4/15/24
The bill also does the following:
1. modifies certain election crimes to provide more specificity on
what constitutes violations of these crimes (§§ 4 & 5);
2. for voter registration data, (a) broadens what must be
confidential and (b) limits the reasons it may be disclosed (§§ 8 &
10);
3. specifies or prohibits certain individuals from being at early
voting, same-day election registration, and ballot counting
locations (§§ 11-14);
4. allows out-of-state residents to serve as petition circulators (§§
15-20);
5. expands the timeline for post-election audits for municipal
elections and primaries (§ 22);
6. expands the means to obscure the name of a candidate when
there is an unfilled vacancy on the ballot (§§ 23-28);
7. requires the secretary of the state to revise voter registration and
party affiliation forms to address certain ambiguities (§ 29); and
8. requires that certain complaints filed with the State Elections
Enforcement Commission (SEEC) be referred to the chief state’s
attorney (§ 30).
EFFECTIVE DATE: Various; see below.
§ 1 — RECORDING ABSE NTEE BALLOT DROP BOX ES
Requires municipalities to make video recordings of drop boxes and release them to the
public
Under existing law, voters may cast absentee ballots by depositing
them into a drop box that is regularly checked by the town clerk. The
bill requires municipalities, by July 1, 2025, to install video recording
devices to record each absentee ballot drop box. The recording must
begin the first day absentee ballots are issued for an election or primary 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 4 4/15/24
and continue until the last ballot retrieval by the town clerk. The
recording must also include evidence of the date and time.
Under the bill, these recordings must be made immediately available
to the public from the recording date, but no later than five days after
the last retrieval. (It is unclear what the bill means by “immediately
available” if disclosure can occur up to five days after the election
contest. The bill does not specify how often these recordings must be
released or what periods they must cover (e.g., daily releases showing
the entire previous calendar day).)
Additionally, the municipality must keep these recordings for a year.
This requirement may be extended if SEEC or a court with jurisdiction
orders their retention until the conclusion of a related pending
investigation. Once the deadline has passed, the municipality may
destroy the recording.
The bill also requires the secretary of the state to adopt regulations on
using drop boxes, which may include drop box placement and position,
video recording of the boxes, and retention of recordings.
EFFECTIVE DATE: Upon passage
§ 2 — RECEIPT OF ABSENTEE BALLOTS
Requires town clerks to record how absentee ballots are received and sets reporting
requirements
The bill requires town clerks to note on the outer envelope of an
absentee ballot how the ballot was returned to the clerk: (1) through a
mail service (e.g., the U.S. Postal Service); (2) to a drop box, and if so, the
box’s location; (3) in-person by the voter themself or (4) in-person by the
voter’s designee or immediate family member. Immediately after the
polls close, the town clerk must give the secretary of the state a report
detailing the total number of absentee ballots returned and a count of
ballots returned by each method described above.
Under existing law, town clerks already must sign the outer envelope
when it is received and note the date and time. 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 5 4/15/24
EFFECTIVE DATE: July 1, 2024
§ 3 — REQUEST FOR AD DITIONAL ABSENTEE BA LLOT
APPLICATIONS
Requires voters to personally request additional absentee ballot applications
Under existing law, voters may apply for a new absentee ballot after
one has already been issued to them for various reasons (e.g., the
previous ballot became unusable). The voter must note their reason for
requesting a new ballot when applying for it.
The voter must also return the original absentee ballot if possible. If
they cannot, they must include a statement (under the penalty of false
statement) as to why they cannot and sign it, along with the new
application. If a voter fails to return the original ballot and does not
include a statement, they cannot be issued a new ballot.
The bill specifies that the voter must personally request a subsequent
absentee ballot either (1) in person or (2) by having it directly mailed to
the voter at a bona fide address they designate. (Presumably, the voter
may designate their bona fide mailing address in a subsequent
application to the town clerk.) These provisions do not apply to the first
absentee ballot a voter applies for.
EFFECTIVE DATE: Upon passage
§§ 4 & 5 — VOTING INTERFERENCE CRIMES
Expands prohibition on using certain means to influence or attempt to influence a voter to
stay away from an election to include using these means to influence a voter to refrain
from voting; specifies certain existing voting interference crimes include votes cast by
mail, into a secure drop box, or in-person
Existing law makes it a class D felony to influence or attempt to
influence a voter to stay away from an election by force or threat,
bribery, or corrupt, fraudulent, or deliberately deceitful means. The bill
extends this provision to also cover using these prohibited actions to
influence or attempt to influence an elector to refrain from voting. (A
class D felony is punishable by up to five years imprisonment, up to a
$5,000 fine, or both.)
Under existing law, it is a class C felony to willfully and fraudulently 2024HB-05498-R000491-BA.DOCX
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suppress or destroy any vote or ballot properly given or cast, or to
willfully miscount or misrepresent the votes. (A class C felony is
punishable by up to 10 years imprisonment, up to a $10,000 fine, or
both.)
The bill specifies that a violation of these provisions may occur for
votes cast (1) by mail; (2) into a secure drop box; or (3) in person at a
polling place, early voting location, or same-day election registration
location.
EFFECTIVE DATE: Upon passage
§§ 6 & 7 — ABSENTEE BALLOT APPLICATION F ORMS
Requires absentee ballot applications to be designated for a specific year and prohibits their
use and distribution without a valid designation; limits the number of applications a
person may request during certain periods
The bill requires the secretary of the state, on each absentee ballot
application, to clearly and conspicuously note the year the application
is valid. It also prohibits (1) town clerks from providing or accepting
ballots without the applicable year noted and (2) any person from
distributing or using an application without the current year noted.
Additionally, under existing law, a person may request multiple
absentee ballot applications for themselves or others. The town clerk
must maintain a log of individuals who have requested applications,
their names and addresses, and how many applications they have
requested.
The bill prohibits town clerks from giving a person five or more ballot
applications “at a time” (presumably, per request) for an election,
primary, or referendum. This limitation applies only to requests for
applications for an election, primary, or referendum that are made at
least 90 days before absentee ballots are issued for that election contest.
(Since absentee ballot applications are not specific to an election or
jurisdiction, it is unclear how town clerks would ascertain whether the
application would be used for a specific election contest.)
EFFECTIVE DATE: July 1, 2024, except that the requirement for the 2024HB-05498-R000491-BA.DOCX
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secretary to note the eligible year on absentee ballots is effective January
1, 2025.
§ 8 — CONFIDENTIALITY OF VOTER REGISTRAT ION DATA FROM
OTHER ENTITIES
Requires all data shared from state agencies, other states, and the federal government for
the voter registration system to be confidential
Under existing law, the secretary of the state may enter into an
agreement with other states to share voter registration data to maintain
Connecticut’s voter registration systems. Current law requires the
secretary to designate certain information as confidential if the entity
that gave the data to her (i.e., a Connecticut state agency, another state,
or the federal government) requires it.
Instead, the bill requires the secretary to designate all data received
for these purposes from these entities as confidential. As under existing
law, this information may be shared with secretary-supervised third-
party vendors that maintain this system and agree to protect this
information.
EFFECTIVE DATE: Upon passage
§ 9 — ABSENTEE BALLO T VERIFICATIONS
Requires town clerks to conduct absentee ballot verifications with the statewide
centralized voter registration system
Existing law requires town clerks to check absentee ballot
applications and returned ballots against registry and enrollment lists,
such as checking if a voter is eligible to receive an absentee ballot
application (CGS § 9-140(c)). Starting July 1, 2024, the bill requires town
clerks to use the statewide centralized voter registration system to
conduct these verifications. As required by existing law, the state system
must contain information needed to compile the registry and enrollment
lists currently used by the town clerks.
EFFECTIVE DATE: July 1, 2024
§ 10 — DISCLOSURE OF VOTER REGISTRATION INFORMATION
Limits disclosure of voter registration information for certain purposes and specifically
prohibits others 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 8 4/15/24
The secretary of the state and registrars of voters collect and maintain
voter registration information for various purposes, including voters’
names, addresses, birthdates, and certain identification numbers. The
bill limits disclosure of this information to uses for election-related,
scholarly, journalistic, political, or governmental purposes, as
determined by the secretary of the state. It specifically prohibits
disclosure for personal, private, or commercial purposes (including
harassment, advertising or marketing, or public distribution).
Under existing law, unchanged by the bill, driver’s license numbers,
identity card numbers, and Social Security numbers are always
confidential and prohibited from disclosure. Also, voters may submit a
signed statement requesting that certain information not be disclosed to
protect the safety of the voter or his or her family.
EFFECTIVE DATE: October 1, 2024
§§ 11-14 — AUTHORIZED INDIVIDUALS AT CERTAIN ELECTION
SITES
Specifies certain individuals who may be present at early voting and same-day election
registration locations and prohibits others from being at ballot counting locations
Existing law allows (1) the public to observe absentee ballot counting
at central counting locations and (2) election officials serving at a polling
place to observe absentee ballot counting at that place. The bill
specifically prohibits candidates up for election or nomination from
being at these locations, except for town clerks, registrars, or deputy
registrars performing their official duties, even if the clerk or registrar is
on the ballot.
Existing laws generally prohibit individuals from being within a 75-
foot radius of early voting or same-day election registration locations,
except for certain individuals who need to perform official duties or
conduct government business. The bill further specifies additional
people who may be within an early voting or same-day election
registration location to include:
1. a voter casting her or her vote; 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 9 4/15/24
2. a primary or election official (including town clerks and
registrars performing their official duties, even if they are on the
ballot for that election); and
3. unofficial party checkers.
The bill also makes a conforming change (§ 13).
EFFECTIVE DATE: July 1, 2024
§§ 15-20 — PETITION CIRCULATORS
Eliminates the prohibition on out-of-state residents circulating primary and nominating
petitions
The bill eliminates the prohibition on out-of-state residents
circulating (1) nominating petitions on behalf of petitioning candidates
seeking congressional, statewide, legislative, or municipal office at a
regular or special election or (2) primary petitions on behalf of major
party candidates for congressional, statewide, legislative, or municipal
office or president (in a presidential preference primary) (see
BACKGROUND). It also makes technical and conforming changes.
For primary petitions, the bill allows any person to be a circulator if
he or she (1) is qualified to vote under the law of any U.S. state or
territory and (2) agrees to submit to Connecticut’s jurisdiction in any
case or controversy about the petition’s circulation. Under current law,
only enrolled party members of a Connecticut municipality may be
circulators. For nominating petitions, the bill applies to non-resident
circulators the existing eligibility requirements for resident circulators
(i.e., that they be U.S. citizens, age 18 or older, and not on parole for a
felony conviction). As with primary petitions, out-of-state nominating
petition circulators must also agree to submit to Connecticut’s
jurisdiction.
By law, each petition page has a statement that circulators must sign,
under penalty of false statement, on their residency, petition circulation
eligibility, and signature authenticity. The bill requires that for
nominating petitions, this statement also include the out-of-state
circulator’s agreement to submit to Connecticut’s jurisdiction (see 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 10 4/15/24
above).
For primary petitions, current law requires that each petition page
include a signed statement from the registrar of voters attesting to the
circulator’s party enrollment in the registrar’s municipality. Under the
bill, if the circulator is not an enrolled party member, each petition page
must instead include (1) a statement that the circulator agrees to submit
to Connecticut’s jurisdiction and (2) an attestation to this statement by
the registrar in the municipality in which the page was circulated.
For nominating and primary petitions, existing law (1) requires
registrars of voters, the town clerk, secretary of state, or other
appropriate person (e.g., notary public), as applicable, to certify that
circulators have signed the petition statement and (2) prohibits
registrars, clerks, and the secretary from accepting petition pages
without this statement (CGS §§ 9-404b(d), -410 & -453k). By law, false
statement is a class A misdemeanor punishable by up to 364 days of
imprisonment, up to a $2,000 fine, or both (CGS § 53a-157b).
EFFECTIVE DATE: July 1, 2024
§ 21 — PERMANENT ABS ENTEE BALLOT STATUS
Eliminates requirement that electors lose permanent absentee ballot status if they do not
timely return the annual address confirmation notice
Under existing law, any voter who is either permanently physically
disabled or suffering a long-term illness and unable to appear at a
polling place on election day may apply to receive permanent absentee
ballot status and to automatically be sent an absentee ballot for each
election, primary, and referendum.
Existing law requires registrars to annually send a written notice in
January to each voter with this status to determine if they still reside at
the address provided. Current law requires registrars to remove a
voter’s permanent status if the voter does not respond within 60 days.
The bill eliminates this requirement. Existing law, unchanged by the bill,
requires registrars to remove a voter’s permanent absentee ballot status
if the notice is returned as undeliverable. 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 11 4/15/24
EFFECTIVE DATE: Upon passage
§ 22 — POST-ELECTION AUDIT TIMELINES
Expands timeline to conduct post-election audits for municipal election
After a regular election or primary, state law requires audits of at
least 5% of the jurisdiction’s voting districts (i.e., polling locations),
selected at random by the secretary of the state and conducted by
registrars of voters.
Current law requires these audits to take place at least (1) 15 days
after the contest but (2) two business days before the canvass of votes.
The bill maintains the existing requirements for federal and state
elections but allows the audits for municipal elections and primaries to
begin five days after, instead of 15. The bill still requires completion at
least two business days before the canvass.
EFFECTIVE DATE: July 1, 2024
§§ 23-28 — APPEARANCE OF BALLOT VACANCIE S
Generally requires election officials to obscure candidates' names in an opaque manner if a
ballot vacancy occurs, instead of using blank stickers
The bill conforms the law to current practice by expanding the ways
that town clerks may obscure a candidate’s name when there is an
unfilled vacancy on the ballot in a primary or general election (i.e., due
to the candidate’s death, withdrawal, or disqualification). Currently, the
law requires clerks to place blank stickers over the name, but under
current practice and following guidance from the secretary of the state,
blank stickers are generally not used because the state’s voting
tabulators cannot process ballots with stickers. The bill generally
requires town clerks, instead of using blank stickers, to obscure the
name in an opaque manner, without specifying the means to do so. (In
practice, this could mean using a black marker, among other things.) For
presidential primaries, it specifically allows the secretary of the state to
authorize clerks to use blank stickers or other means to obscure the
name of a deceased candidate.
If a political party’s endorsed candidate (in a primary) or nominee (in
a general election) dies, withdraws, or is otherwise disqualified, existing 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 12 4/15/24
state law has a process for replacing him or her on the ballot and sets a
deadline for doing so (CGS §§ 9-428 and 9-460). Unchanged by the bill,
if ballots have already been printed and the candidate can be replaced
under state law, printed stickers are placed over the vacancy with the
replacement candidate or nominee’s name. (In practice, a hand count is
generally required if stickers are affixed to the ballot.)
EFFECTIVE DATE: July 1, 2024
§ 29 — PARTY REGISTRATION
Requires the secretary of the state to evaluate certain forms to minimize confusion and
ambiguity about party enrollment
When a voter registers to vote, they may indicate a political party to
affiliate with as well. Affiliating with a political party qualifies the voter
for certain electoral privileges, primarily voting in that party’s primary.
The bill requires the secretary of the state, by July 1, 2024, to revise any
forms for registering to vote or affiliating with a party to (1) clarify the
portion of the forms on party affiliation and (2) minimize confusion or
ambiguity related to words contained in political party names (e.g.,
independent).
EFFECTIVE DATE: Upon passage
§ 30 — SEEC COMPLAINTS
Requires referral of certain complaints filed with SEEC to the chief state’s attorney and
requires him to report on these referrals to the Government Administration and Elections
Committee
The bill requires certain complaints filed with SEEC on or after July
1, 2024, to be referred to the chief state’s attorney for further enforcement
action (see BACKGROUND). Specifically, this applies to complaints
where the commission determines that probable cause exists of a
violation but did not issue a decision within 90 days after that
determination.
Under the bill, the chief state’s attorney must submit a report to the
Government Administration and Elections (GAE) Committee on the
status of any enforcement action taken for a referred complaint. It is
unclear how often these reports must be made (e.g., for every 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 13 4/15/24
enforcement action on every referred case).
EFFECTIVE DATE: July 1, 2024
BACKGROUND
Petition Circulators Related Case
In January 2016, a federal judge granted the Libertarian Party’s
motion for a preliminary injunction and temporary restraining order
against the petitioning party residency requirement. In applying strict
scrutiny, the court rejected the state’s argument that the residency
requirement was narrowly tailored to minimize voter fraud and ensure
that circulators were present for pre- and post-election hearings. It also
held that (1) the Libertarian Party, in demonstrating the requirement
would cause speech suppression, was substantially likely to succeed on
the merits and (2) a preliminary injunction would be in the public
interest (Libertarian Party of Conn. v. Merrill, No. 15-CV-1851 (JCH) (D.
Conn. Jan. 26, 2016)).
In August 2016, the court issued a stipulated judgment and order
finding that the (1) residency requirement violated the plaintiff’s First
Amendment rights and (2) loss of these rights constituted an irreparable
injury and that an injunction was in the public interest. Thus, the order
enjoined the state from applying any portion of the General Statutes that
prohibited out-of-state residents from serving as circulators (Libertarian
Party of Connecticut v. Merrill, No. 3:15-CV-01851 (JCH) (D. Conn. Aug.
9, 2016)).
SEEC Complaints
Under existing law, for election complaints filed with SEEC, the
commission must conduct and complete a preliminary examination
within fourteen days after receipt. SEEC may (1) dismiss the complaint,
(2) attempt to speedily resolve the manner with the respondent, or (3)
investigate and docket the complaint for a probable cause
determination.
If a complaint cannot be speedily resolved within 45 days, the
complaint must be docketed for a probable cause determination. If the 2024HB-05498-R000491-BA.DOCX
Researcher: MHF Page 14 4/15/24
commission fails to issue a decision or make a determination within 60
days after receiving the complaint, the complainant or respondent may
apply to the Superior Court in the Judicial District of Hartford for an
order to show cause as to why the complaint has not been resolved and
to provide evidence that SEEC has unreasonably delayed action.
Under existing law, complaints filed with SEEC must be resolved
within one year after filing, except that the deadline may be extended
by the amount of time SEEC investigates.
Related Bills
sSB 252, § 20, favorably reported by the GAE Committee, narrows the
circumstances under which SEEC must dismiss a complaint within one
year after receiving it.
sSB 254, § 2, favorably reported by the GAE Committee, makes an
identical change to the timeline for canvasses of municipal elections and
primaries.
SB 390, favorably reported by the GAE Committee, establishes a 12-
month mandatory minimum term of imprisonment for certain election
crimes.
sSB 392, § 5, favorably reported by the GAE Committee, requires
SEEC to issue a decision or dismiss election complaints before an
upcoming election if the complaint concerns the upcoming election and
is brought within 90 days of the election.
sHB 5466, favorably reported by the Judiciary Committee, extends, in
certain circumstances, the time period during which the chief state’s
attorney may prosecute an election law violation referred from SEEC.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 19 Nay 0 (03/26/2024)