Researcher: MHF Page 1 5/4/24
OLR Bill Analysis
sHB 5498 (as amended by House "A")
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; specifies that town clerks must retrieve ballots from these drop boxes at the close of
the polls
§ 2 — RECEIPT OF ABSENTEE BALLOTS
Requires town clerks to record how absentee ballots are received and sets reporting
requirements
§ 3 — REQUESTS FOR ADDITIONAL ABSENTEE BALLOT
APPLICATIONS
Requires voters to personally request additional absentee ballot applications
§§ 3 & 4 — RECEIPT OF MULTIPLE ABSENTEE BALLOTS
Specifies that, in certain circumstances, if multiple absentee ballots are received from the
same voter, the ballot last received by the town clerk is considered valid instead of the
ballot with the latest postmark or serial number
§ 5 — ABSENTEE BALLOTS FOR NURSING HOME PATIENTS
Authorizes nursing home patients to request absentee ballots within six days of an
election contest and appoint a designee to assist them
§§ 6 & 7 — VOTING CRIMES
Expands the 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; establishes specific criminal penalties for
harassing election workers
§§ 8 & 9 — 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 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 2 5/4/24
§ 10 — 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
§ 11 — ABSENTEE BALLOT VERIFICATIONS
Requires town clerks to use the statewide centralized voter registration system when
performing duties under state election law
§§ 12-15 — AUTHORIZED INDIVIDUALS AT CERTAIN ELECTION
SITES
Specifies certain individuals who may be present at early voting and same-day election
registration locations; prohibits candidates from participating in the counting of ballots at
ballot counting locations or being in a polling location during voting hours in most
circumstances; clarifies prohibitions on campaigning near polling locations
§ 16 — PERMANENT ABSENTEE BALLOT STATUS
Eliminates the requirement that electors lose permanent absentee ballot status if they do
not timely return the annual address confirmation notice
§ 17 — POST-ELECTION AUDIT TIMELINES
Expands the timeline to conduct post-election audits for municipal elections
§§ 18-23 — 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
§ 24 — 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 GAE and Judiciary committees
§§ 25 & 26 — EARLY VOTING LOCATIONS
Modifies the deadlines for designating early voting locations and establishes a procedure
for appointing a registrar as an early voting moderator
§ 27 — VOTER REGISTRATION RECORD CHECKS
Requires, instead of allows, the secretary of the state to annually search for duplicate
registrations and transmit her results to the appropriate towns; expands the search’s scope
§§ 28 & 29 — CROSS-REFERENCING JURY INFORMATION WITH THE
VOTER REGISTRATION SYSTEM
Requires the secretary of the state to receive the jury administrator’s list of all juror
information and cross-reference it with the voter registration system
§ 30 — BALLOT TRANSLATION
Directs the secretary of the state to evaluate the process for translating ballots and report
her recommendations to the legislature by January 15, 2025
§ 31 — NONDISCLOSURE OF ELECTION WORKERS ’ RESIDENTIAL
ADDRESSES
Allows election workers to request nondisclosure of their residential address from
municipal public agencies 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 3 5/4/24
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);
specifying they be checked at the close of the polls (§ 1); recording and
reporting how absentee ballots are received by a town clerk (§ 2);
requiring voters to personally apply for an additional absentee ballot (§
3); and modifying procedures when, in certain circumstances, multiple
absentee ballots are received from the same voter (§§ 3 & 4).
Additionally, it allows nursing home patients to request absentee
ballots within six days of an election contest (§ 5), sets expiration dates
for absentee ballot applications, (§ 8) and creates certain limitations on
acquiring ballot applications in bulk (§ 9). It also requires town clerks to
use the central voter registration system (CVRS) when performing state
election duties (§ 11) and eliminates a grounds for removal from
permanent absentee ballot status (§ 16).
The bill also does the following:
1. modifies certain election crimes to provide more specificity on
what constitutes violations of these crimes (§§ 6 & 7);
2. establishes a specific criminal penalty for harassing election
workers (§ 7);
3. broadens what must be confidential voter registration data (§ 10);
4. specifies or prohibits certain individuals from being at early
voting, same-day election registration, and ballot counting
locations, among other modifications (§§ 12-15);
5. expands the timeline for post-election audits for municipal
elections and primaries (§ 17);
6. expands the means to obscure the name of a candidate when 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 4 5/4/24
there is an unfilled vacancy on the ballot (§§ 18-23);
7. requires that certain complaints filed with the State Elections
Enforcement Commission (SEEC) be referred to the chief state’s
attorney (§ 24);
8. modifies the deadlines for designating early voting locations (§
25);
9. establishes procedures for appointing a registrar as an early
voting moderator (§ 26);
10. expands requirements regarding searches and cross-referencing
of voter registration data by the secretary of the state (§§ 27-29);
11. requires the secretary to review and report on translating ballots
when required by federal and state law (§ 30); and
12. allows election workers to request nondisclosure of their
residential address from municipalities (§ 31).
*House Amendment “A”, among other things, (1) specifies absentee
ballot drop boxes must be checked at the close of the polls; (2) requires
recordings of drop boxes and reports on absentee ballot counts to be
released as soon as practicable after the polls close instead of
immediately after; (3) modifies procedures, in certain circumstances, for
counting absentee ballots if more than one is received from a voter; (4)
allows nursing home patients to request absentee ballots within six days
of an election contest; (5) establishes specific criminal penalties for
harassing election workers; (6) narrows the number of absentee ballot
applications that may be requested 90 days or more before an election
contest; (7) expands requirements for when CVRS must be used by town
clerks when performing election duties; (8) modifies prohibitions on
those allowed at election locations; (9) clarifies reporting requirements
for SEEC complaints referred to the chief state’s attorney; (10) modifies
deadlines for designating early voting locations; (11) requires the
secretary of the state to conduct annual checks of voter registration
records and expands their scope; (12) requires the secretary to obtain the 2024HB-05498-R01-BA.DOCX
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jury administrator’s list to compare against voter registration records;
(13) requires the secretary to review procedures for translating ballots
and report to the legislature; (14) allows election workers to request
nondisclosure of their residential address from municipalities; (15)
eliminates provisions on petition circulators, disclosure of voter
information, and updating voter registration and party enrollment
forms; and (16) changes the effective dates for provisions modifying
election crimes and the distribution of absentee ballots.
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; specifies that town clerks must retrieve ballots from these drop boxes at the close of
the polls
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
and continue until the last ballot retrieval by the town clerk. The
recording must also include evidence of the date and time. The bill
specifies that clerks must check the drop boxes at the close of the polls
for every election, primary, or referendum and pick up the absentee
ballots inside.
Under the bill, these recordings must be made available to the public
as soon as practicable, but no later than five days after the last retrieval.
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. 2024HB-05498-R01-BA.DOCX
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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. As soon as
reasonably practical 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 must sign the outer envelope when
it is received and note the date and time.
EFFECTIVE DATE: July 1, 2024
§ 3 — REQUESTS FOR A DDITIONAL ABSENTE E BALLOT
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 2024HB-05498-R01-BA.DOCX
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application to the town clerk.) These provisions do not apply to the first
absentee ballot a voter applies for.
EFFECTIVE DATE: Upon passage
§§ 3 & 4 — RECEIPT OF MULTIPLE ABSENTEE BALLOTS
Specifies that, in certain circumstances, if multiple absentee ballots are received from the
same voter, the ballot last received by the town clerk is considered valid instead of the
ballot with the latest postmark or serial number
Under current law, if the town clerk receives multiple absentee
ballots from a member of the armed forces, the ballot bearing the latest
postmark must be counted and all earlier postmarked ballots rejected.
Instead, under the bill, the absentee ballot last received by the clerk is
considered valid and all others must be rejected.
Similarly, if voters are sent an additional ballot due to an error or
omission on the original ballot by the town clerk, current law requires
that the ballot received by the town clerk with the latest serial number
be counted. Like above, the bill requires the ballot last received by the
town clerk be counted instead.
EFFECTIVE DATE: Upon passage
§ 5 — ABSENTEE BALLO TS FOR NURSING HOME PATIENTS
Authorizes nursing home patients to request absentee ballots within six days of an
election contest and appoint a designee to assist them
The bill allows nursing home patients who apply for an absentee
ballot up to six days before the polls close at an election, primary, or
referendum to appoint someone who will bring them their ballot.
Existing law already allows this for hospital patients.
Under the bill, the absentee ballot application must include the (1)
name and address of the nursing home where the applicant is a patient;
(2) name, address, and category of the designated person (“designee,”
see below); and (3) designee’s authorization to deliver the completed
ballot.
As under existing law, the designated person must (1) sign a
statement on the application consenting to be the designee and agreeing 2024HB-05498-R01-BA.DOCX
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not to tamper with the ballot and (2) personally submit the application
to the town clerk. If the application is delivered within the appropriate
timeframe, the clerk must give the designee an absentee ballot to be
given to the patient.
Under the bill, the designee must be (1) a person caring for the
applicant because of the applicant’s illness or physical disability (e.g., a
licensed physician or a registered or practical nurse); (2) the applicant’s
family member; or (3) a police officer, registrar of voters, or deputy or
assistant registrar of voters in the municipality where the patient resides
(CGS § 9-140b).
EFFECTIVE DATE: Upon passage
§§ 6 & 7 — VOTING CRIMES
Expands the 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; establishes specific criminal penalties for
harassing election workers
Voter Interference Crimes
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
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. 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 9 5/4/24
Harassment of Election Workers
The bill makes it a class C felony (i.e., punishable by up to 10 years in
prison, a $10,000 fine, or both) to influence or attempt to influence
through force, threat, or harassment an election worker performing
election administration duties. This applies to town clerks, registrars of
voters, deputy registrars, and election, primary, and recanvass officials.
Additionally, the bill makes it a class A misdemeanor (i.e., punishable
by up to 364 days in prison, a $2,000 fine, or both) to publicly disclose
an election worker’s personal identifying information with the intent to
harass, terrorize, or alarm the worker or influence them in performing
his or her election administration duties. “Personal identifying
information” is any name, number, or other information that may be
used to identify a specific individual, (e.g., name, date of birth, and
Social Security number).
The bill gives election workers a civil cause of action against violators
of either provision.
Existing law criminalizes certain acts of harassment and intimidation.
For example, 2nd degree harassment (i.e., various actions with the intent
to harass, terrorize, or alarm another person) is a class C misdemeanor,
while 1st degree harassment (i.e., certain threats to kill or physically
harm a person) is a class D felony (CGS §§ 53a-182b & -183).
EFFECTIVE DATE: July 1, 2024
§§ 8 & 9 — 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 2024HB-05498-R01-BA.DOCX
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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 for an election, primary, or referendum if requested at least
90 days before absentee ballots are issued for that election contest.
EFFECTIVE DATE: January 1, 2025.
§ 10 — 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
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
§ 11 — ABSENTEE BALLOT VERIFICATIONS
Requires town clerks to use the statewide centralized voter registration system when
performing duties under state election law
Under existing law, town clerks perform a variety of functions to
oversee and implement election law at the local level. The bill requires
town clerks, starting July 1, 2024, to utilize CVRS whenever carrying out
state election law provisions.
EFFECTIVE DATE: July 1, 2024 2024HB-05498-R01-BA.DOCX
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§§ 12-15 — AUTHORIZED INDIVIDUALS AT CERTAIN ELECTION
SITES
Specifies certain individuals who may be present at early voting and same-day election
registration locations; prohibits candidates from participating in the counting of ballots at
ballot counting locations or being in a polling location during voting hours in most
circumstances; clarifies prohibitions on campaigning near polling 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
participating in counting ballots 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 specifies this 75-foot radius is
from an entry to any building that contains a qualifying location, instead
of an entry to the location.
Additionally, the bill prohibits candidates up for election or
nomination from being in a polling place during the hours of voting
other than to cast a ballot.
The bill further specifies that additional people who may be within
an early voting or same-day election registration location include:
1. a voter casting his or her vote;
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 (§ 14).
EFFECTIVE DATE: July 1, 2024 2024HB-05498-R01-BA.DOCX
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§ 16 — PERMANENT ABS ENTEE BALLOT STATUS
Eliminates the 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.
EFFECTIVE DATE: Upon passage
§ 17 — POST-ELECTION AUDIT TIMELINES
Expands the timeline to conduct post-election audits for municipal elections
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
§§ 18-23 — 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 2024HB-05498-R01-BA.DOCX
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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
state law has a process for replacing him or her on the ballot and sets a
deadline for doing so (CGS §§ 9-428 & 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
§ 24 — 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 GAE and Judiciary committees
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 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 14 5/4/24
Government Administration and Elections (GAE) and Judiciary
committees on the status of any enforcement action taken for a referred
complaint. These reports must be made within 12 months of the referral
or before the time period for prosecuting the violation expires as
outlined in state law, whichever occurs first.
EFFECTIVE DATE: July 1, 2024
§§ 25 & 26 — EARLY VOTING LOCATIONS
Modifies the deadlines for designating early voting locations and establishes a procedure
for appointing a registrar as an early voting moderator
Deadlines for Designating Early Voting Locations
Existing law requires a municipality’s registrars of voters to
designate at least one early voting location in their town. The bill
modifies how many days before the election contest these locations
must be designated, as described in the table below. Further, it
eliminates alternative deadlines for special elections and presidential
primaries and sets one deadline for all elections and primaries.
Table: Deadlines for Designating Early Voting Locations
Procedure
Current Law for
Elections and
Primaries
Current Law for
Special Elections
and Presidential
Primaries
The Bill
Written Certification to the
Secretary of the State
120 days 20 days 60 days
Secretary’s Approval or
Disapproval
90 days 15 days 45 days
Final Designation by
Registrars
31 days 11 days 31 days
Registrars Serving as Moderators
Existing law allows registrars of voters to appoint moderators to
oversee early voting locations. The bill specifies that the municipality’s
registrars of voters may agree to appoint one of themselves to serve as
the moderator instead. If they choose to do so, they must submit a
certification of their agreement to the secretary of the state as well as a
written coverage plan for the registrar’s normal duties, to ensure the
registrar abstains from any that conflict with its role as moderator while 2024HB-05498-R01-BA.DOCX
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serving in the role.
EFFECTIVE DATE: Upon passage
§ 27 — VOTER REGISTRATION RECORD CHECKS
Requires, instead of allows, the secretary of the state to annually search for duplicate
registrations and transmit her results to the appropriate towns; expands the search’s scope
Under current law, the secretary of the state may conduct searches of
computerized voter records to identify voters registered in more than
one town. The bill requires her to conduct this search annually as well
as evaluate if voters are registered multiple times in the same town.
The bill also requires, instead of allowing, her to compile a list of
duplicate registrations and transmit this list to the registrars of voters of
the affected towns.
EFFECTIVE DATE: January 1, 2025
§§ 28 & 29 — CROSS-REFERENCING JURY INFO RMATION WITH
THE VOTER REGISTRATI ON SYSTEM
Requires the secretary of the state to receive the jury administrator’s list of all juror
information and cross-reference it with the voter registration system
Existing law requires the jury administrator to compile a list of all
qualified jurors in the state along with their corresponding information,
such as their address and birthdate. The bill requires the jury
administrator, within 30 days after creating the list, to share it with the
secretary of the state to verify information in the online voter
registration system. Additionally, the bill requires the secretary to cross-
reference the jury administrator’s list with the system.
EFFECTIVE DATE: July 1, 2025
§ 30 — BALLOT TRANSLATION
Directs the secretary of the state to evaluate the process for translating ballots and report
her recommendations to the legislature by January 15, 2025
Under the bill, the secretary must review the process for translating
ballots from English into another language when required by federal or
state law (see BACKGROUND). By January 15, 2025, the secretary must
submit a report to the GAE committee with recommendations on this 2024HB-05498-R01-BA.DOCX
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process and preventing mistranslations.
EFFECTIVE DATE: July 1, 2024
§ 31 — NONDISCLOSURE OF ELECTION WORKERS ’
RESIDENTIAL ADDRESSE S
Allows election workers to request nondisclosure of their residential address from
municipal public agencies
The bill prohibits municipal public agencies from disclosing under
the Freedom of Information Act (FOIA) the residential address of certain
election-related workers (i.e., municipal clerks; registrars or deputy
registrars of voters; poll workers; or election, primary, or audit officials)
if the worker requests it. Specifically, the worker must give a
municipality a written nondisclosure request and a substitute business
address (or, if he or she does not have one, the business address of the
town or city hall, or the municipality’s registrars of voters). Under the
bill, these workers’ business addresses are subject to disclosure under
FOIA. The disclosure prohibition begins 90 days before the election
contest or, if already within that period, the day the worker submits the
request. The prohibition lasts for 90 days after the contest.
Under the bill, these provisions:
1. apply regardless of whether the requesting election worker is the
public agency’s employee;
2. do not prohibit disclosure of a residential address due to the
applicant’s status as an elected or appointed official (except if
serving as a town clerk, registrar of voters, or deputy registrar of
voters);
3. do not apply to certain (a) Department of Motor Vehicles records
and (b) municipal and election-related documents (e.g.,
municipal grand lists, land records, preliminary and final voter
registry lists, petition forms, and logs of absentee ballot
applications); and
4. do not affect a worker’s ability to qualify for nondisclosure of his
or her residential address under existing law’s protections for
certain public agency employees. 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 17 5/4/24
Existing law (1) generally prohibits a public agency from disclosing
under FOIA the residential address of certain employees (e.g., judges,
police officers, and firefighters, among others) from its personnel,
medical, or similar files; (2) allows these employees to also request
address confidentiality from public agencies that are not their employer;
and (3) requires agencies to follow certain procedures after receiving a
FOIA request for certain records containing these people’s home
addresses.
The bill specifies that the address of town halls, city halls, or
municipal buildings where the registrars of voter’s office is located is
subject to disclosure.
Violations of Disclosure Prohibition
The bill extends existing law’s provisions on violating a disclosure
prohibition to also cover the bill’s prohibition on municipal public
agencies disclosing election worker addresses. Under this law, public
agencies or their employees and public officials cannot be penalized for
violating the disclosure prohibition unless the Freedom of Information
Commission (FOIC) finds that the violation was willful and knowing.
Complaints about these violations must be made to the FOIC, which
must hold a hearing under the Uniform Administrative Procedure Act
for each complaint. However, it may dismiss a complaint without a
hearing if it finds no willful and knowing violation after examining it
and construing all allegations most favorably to the complainant.
If the FOIC finds a willful and knowing violation, it may impose a
civil penalty of between $20 and $1,000 against the agency, official, or
employee. Existing law does not allow a private right of action against
public agencies or their employees and public officials for violating the
disclosure prohibition.
BACKGROUND
SEEC Complaints
Under existing law, for election complaints filed with SEEC, the
commission must conduct and complete a preliminary examination
within 14 days after receipt. SEEC may (1) dismiss the complaint, (2)
attempt to speedily resolve the matter with the respondent, or (3)
investigate and docket the complaint for a probable cause 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 18 5/4/24
determination.
If a complaint cannot be speedily resolved within 45 days, it must be
docketed for a probable cause determination. If the 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.
Translated Ballots
The federal Voting Rights Act generally requires certain
municipalities to provide language assistance during elections for
certain language minority groups based on specified English
proficiency population thresholds. In Connecticut, 10 municipalities are
currently federally required to provide this assistance (in Spanish).
The state’s voting rights act also requires municipalities to provide
language-related assistance based on specified population metrics.
According to the secretary of the state’s website, under the law, an
additional 23 municipalities are currently required to provide language-
related assistance (in Spanish).
Related Bills
sSB 252 (File 482), § 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 (File 248), § 2, favorably reported by the GAE Committee,
makes an identical change to the timeline for canvasses of municipal
elections and primaries.
sSB 386 (File 392), § 1, favorably reported by the GAE Committee,
makes an identical change to the procedures for registrars to serve as an
early voting moderator. 2024HB-05498-R01-BA.DOCX
Researcher: MHF Page 19 5/4/24
sSB 390 (File 476), favorably reported by the GAE Committee,
establishes a 12-month mandatory minimum term of imprisonment for
certain election crimes.
sSB 392 (File 430), § 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.
HB 5308 (File 407), favorably reported by the GAE Committee,
includes nearly identical provisions regarding nursing home patients
receiving absentee ballot applications.
sHB 5309 (File 481), favorably reported by the GAE Committee,
requires town clerks to submit translated ballots for review by the
municipality’s legislative body.
sHB 5466 (File 539), 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.
sHB 5448 (File 627), favorably reported by the GAE and Judiciary
committees, includes nearly identical provisions regarding election
worker harassment and nondisclosure of residential addresses.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 19 Nay 0 (03/26/2024)
Judiciary Committee
Joint Favorable
Yea 27 Nay 0 (04/29/2024)