Connecticut 2024 2024 Regular Session

Connecticut House Bill HB05498 Comm Sub / Analysis

Filed 07/17/2024

                    O F F I C E O F L E G I S L A T I V E R E S E A R C H 
P U B L I C A C T S U M M A R Y 
 
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PA 24-148—sHB 5498 
Government Administration and Elections Committee 
Judiciary Committee 
 
AN ACT CONCERNING EL ECTION SECURITY AND TRANSPARENCY, 
THE COUNTING OF ABSENTEE BALLOTS, A BSENTEE VOTING FOR 
CERTAIN PATIENTS OF NURSING HOMES, SECUR ITY OF CERTAIN 
ELECTION WORKERS, ST ATE ELECTIONS ENFORC EMENT 
COMMISSION COMPLAINT S, BALLOTS MADE AVAI LABLE IN 
LANGUAGES OTHER THAN ENGLISH AND VARIOUS OTHER 
REVISIONS RELATED TO ELECTION ADMINISTRA TION 
 
TABLE OF CONTENTS: 
 
§ 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; 
allows the secretary of the state to adopt regulations on using drop boxes 
§ 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 and gives 
election workers a civil cause of action against violators 
§§ 8 & 9 — ABSENTEE BALLOT APPLICATION FORMS  O L R P U B L I C A C T S U M M A R Y 
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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 
§ 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 how the “75-foot rule” is measured from the outside entrance of early voting and same-
day election registration 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 AND MODERATORS 
Modifies the deadlines for designating early voting locations; establishes a procedure for 
appointing a registrar as an early voting moderator 
§ 27 — VOTER REGISTRATION RECORD CHECKS 
Requires, rather than allows, the secretary of the state to annually search for duplicate 
registrations and send a list of possible duplications to the appropriate towns; expands the 
search’s scope to include voters registered more than once in the same town 
§§ 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  O L R P U B L I C A C T S U M M A R Y 
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§ 30 — BALLOT TRANSLATION 
Requires 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 
 
 
SUMMARY: This act makes various unrelated election law changes. It also makes 
other minor, technical, and conforming changes. A section-by-section analysis 
appears below.  
EFFECTIVE DATE: Various; see below. 
 
§ 1 — RECORDING ABSENTEE B ALLOT DROP BOXES 
 
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; 
allows the secretary of the state to adopt regulations on using drop boxes 
 
Under existing law, voters may cast absentee ballots by depositing them into a 
drop box that is regularly checked by the town clerk. The act requires 
municipalities, by July 1, 2025, to install video recording devices to record each 
absentee ballot drop box. The recording must (1) begin the first day absentee ballots 
are issued for an election or primary, (2) continue until the last ballot retrieval by 
the town clerk, and (3) include evidence of the date and time. The act also 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 act, 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 the State Elections Enforcement Commission (SEEC) or a court with 
jurisdiction orders their retention until a related pending investigation concludes. 
Once the deadline has passed, the municipality may destroy the recording. 
The act also allows the secretary of the state to adopt regulations on using drop 
boxes, which may include provisions on 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 act requires town clerks to note on the outer envelope of each absentee 
ballot how the ballot was returned to the clerk: (1) through a mail service (e.g., the  O L R P U B L I C A C T S U M M A R Y 
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U.S. Postal Service); (2) to a drop box, and if so, the box’s location; (3) in-person 
by the voter; 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. 
EFFECTIVE DATE: July 1, 2024 
 
§ 3 — REQUESTS FOR ADDITIONAL ABSENTEE 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) and must note their reason for requesting a new ballot when applying for 
it. The act specifies that voters must personally request a subsequent absentee ballot 
either (1) in person or (2) by having it directly mailed to them at a bona fide address 
they designate. 
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 prior law, if the town clerk received multiple absentee ballots from an 
armed forces member, the ballot bearing the latest postmark was counted and all 
earlier postmarked ballots rejected. Instead, under the act, the absentee ballot last 
received by the clerk is considered valid and all others must be rejected.  
Similarly, if voters were sent an additional ballot due to an error or omission on 
the original ballot by the town clerk, prior law required that the ballot received by 
the town clerk with the latest serial number be counted. The act requires the ballot 
last received by the town clerk be counted instead. 
EFFECTIVE DATE: Upon passage 
 
§ 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 
 
The act allows nursing home patients to apply for an absentee ballot within the 
six-day period before the polls close at an election, primary, or referendum and to 
appoint someone who will bring them their ballot and deliver it to the town clerk. 
State law already allows this for hospital patients. 
Under the act, 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  O L R P U B L I C A C T S U M M A R Y 
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authorization to deliver the completed ballot.  
As under existing law for hospital patients, the designated person must (1) sign 
a statement on the application consenting to be the designee and agreeing 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 act, 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 and gives 
election workers a civil cause of action against violators  
 
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 (see Table on Penalties). The act extends 
this provision to also cover using these prohibited actions to influence or attempt to 
influence an elector to refrain from voting.  
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. The act 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. 
 
Harassment of Election Workers 
 
The act makes it a class C felony 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.  
The act also makes it a class A misdemeanor 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 their 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 act gives election workers a civil cause of action against violators of either  O L R P U B L I C A C T S U M M A R Y 
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provision.  
EFFECTIVE DATE: July 1, 2024 
 
§§ 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 
 
The act 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. 
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 act also prohibits town clerks from giving a person five 
or more ballot applications for an election, primary, or referendum if requested 90 
days or more before absentee ballots are issued for that election contest. 
EFFECTIVE DATE: January 1, 2025 
 
§ 10 — CONFIDENTIALITY OF VOTER REGISTRA TION 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 current practice, Connecticut state agencies, other states, and the federal 
government give the secretary of the state data to maintain Connecticut’s voter 
registration systems. Prior law required the secretary to designate this information 
as confidential if the entity that gave the data to her required it. 
Instead, the act 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 act requires town clerks, starting July 
1, 2024, to use the statewide centralized voter registration system whenever 
carrying out state election law provisions. 
EFFECTIVE DATE: July 1, 2024  O L R P U B L I C A C T S U M M A R Y 
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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 how the “75-foot rule” is measured from the outside entrance of early voting and same-
day election registration 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 act specifically prohibits candidates up 
for election or nomination from participating in counting ballots at these locations, 
except for town clerks, registrars, or deputy registrars who are on the ballot and are 
performing their official duties. It also prohibits these candidates from being in a 
polling place during voting hours for any reason other than to cast a ballot, subject 
to the same exception for town clerks, registrars, and deputy registrars. 
The law also generally prohibits individuals from soliciting support for or 
opposition to a candidate or a ballot question within a 75-foot radius of early voting 
or same-day election registration locations, except for certain individuals 
performing official duties or conducting government business. The act specifies 
that this 75-foot radius is measured from the outside entrance to the building 
containing the designated location, instead of from the outside entrance to the 
location. By law, unchanged by the act, this prohibition also applies in a hallway or 
other approach leading from the entrance and in any room opening upon the 
hallway or approach. 
The act further specifies that the 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. 
EFFECTIVE DATE: July 1, 2024 
 
§ 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 
 
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 for 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. 
Prior law required registrars to remove a voter’s permanent status if the voter did 
not respond within 60 days. The act eliminates this requirement. Existing law, 
unchanged by the act, still requires registrars to remove a voter’s permanent  O L R P U B L I C A C T S U M M A R Y 
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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.  
Prior law required these audits to take place at least (1) 15 days after the contest 
but (2) two business days before the canvass of votes. The act maintains the existing 
requirements for federal and state elections but allows the audits for municipal 
elections and primaries to begin five days after the contest, instead of 15. The act 
still requires completion at least two business days before the canvass. 
EFFECTIVE DATE: July 1, 2024 
 
§§ 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 
 
The act conforms the law to existing 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). Previously, the law required clerks to place blank 
stickers over the name, but in practice and following guidance from the secretary 
of the state, they generally did not use blank stickers because the state’s voting 
tabulators cannot process ballots with stickers. The act generally requires town 
clerks, instead of using blank stickers, to obscure the name so it is no longer visible, 
without specifying the means to do so (e.g., using a black marker). For presidential 
primaries, it specifically allows the secretary of the state to authorize clerks to use 
blank stickers or other means to obscure a deceased candidate’s name.  
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 act 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. Specifically, 
this applies to complaints where the commission determines that probable cause of 
a violation exists, but did not issue a decision within 90 days after that 
determination. 
Under the act, the chief state’s attorney must submit a report to the Government 
Administration and Elections (GAE) and Judiciary committees on the status of any  O L R P U B L I C A C T S U M M A R Y 
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enforcement action taken for a referred complaint. These reports must be made 
within 12 months after the referral or before the law’s deadline for prosecuting the 
violation, whichever occurs first.  
EFFECTIVE DATE: July 1, 2024 
 
§§ 25 & 26 — EARLY VOTING LOCATIONS AND MODERATORS 
 
Modifies the deadlines for designating early voting locations; 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 his or her town. The act modifies how many days before 
the election contest these locations must be designated, as shown in the table below. 
In doing so, it eliminates alternative deadlines for special elections and presidential 
primaries and sets one deadline for each procedural step for all elections and 
primaries. 
 
Deadlines for Designating Early Voting Locations 
Procedure 
Prior Law for 
Elections and 
Primaries 
Prior Law for 
Special Elections 
and Presidential 
Primaries 
The Act 
Written Certification of 
the Designated Location 
to the Secretary of the 
State 
120 days 20 days 60 days 
Secretary’s Approval or 
Disapproval of the 
Location 
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 act 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 his or her role as moderator while 
serving in the role. 
EFFECTIVE DATE: Upon passage 
 
§ 27 — VOTER REGISTRATION RECORD CHECKS  O L R P U B L I C A C T S U M M A R Y 
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Requires, rather than allows, the secretary of the state to annually search for duplicate 
registrations and send a list of possible duplications to the appropriate towns; expands the 
search’s scope to include voters registered more than once in the same town 
 
Prior law authorized the secretary of the state to search computerized voter 
records for voters registered in more than one town. The act instead requires her to 
do this search at least once a year and additionally requires her to search for voters 
registered multiple times in the same town. 
The act also correspondingly requires, rather than allows, her to make a list of 
possible duplicate registrations and send it to the appropriate towns’ registrars of 
voters. 
EFFECTIVE DATE: January 1, 2025 
 
§§ 28 & 29 — CROSS-REFERENCING JURY INFORMATIO N 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 
 
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 act 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 act requires the secretary to cross-
reference the jury administrator’s list with the system.  
EFFECTIVE DATE: July 1, 2025 
 
§ 30 — BALLOT TRANSLATION 
 
Requires 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 act, the secretary must review the process for translating ballots from 
English into another language when required by federal or state law. By January 
15, 2025, the secretary must submit a report to the GAE committee with 
recommendations on this process and preventing mistranslations. 
EFFECTIVE DATE: July 1, 2024 
 
§ 31 — NONDISCLOSURE OF ELECTION WORKERS’ RESIDENTIA L 
ADDRESSES  
 
Allows election workers to request nondisclosure of their residential address from municipal 
public agencies 
 
The act 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.  O L R P U B L I C A C T S U M M A R Y 
 	Page 11 of 11  
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). The act 
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.  
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 act, these provisions (1) apply regardless of whether the requesting 
election worker is the public agency’s employee and (2) do not prohibit disclosure 
of a residential address due to the applicant’s status as an elected or appointed 
official (except if they are serving as a town clerk, registrar of voters, or deputy 
registrar of voters). 
Additionally, as under existing law, the act’s disclosure prohibition does not 
apply to certain (1) motor vehicle records, which are disclosable to government 
agencies and anyone else who agrees to use them for limited specified purposes, 
and (2) 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). It also does not affect a worker’s ability to qualify for 
nondisclosure of his or her residential address under existing law’s address 
protections for certain public officials and employees (CGS § 1-217(c)). 
As under the existing address protection law, public agencies, public officials, 
or employees of public agencies cannot be penalized for violating the disclosure 
prohibition unless the Freedom of Information Commission (FOIC) finds that the 
violation was willful and knowing. The FOIC may impose a civil penalty of 
between $20 and $1,000 against the agency, official, or employee for willful and 
knowing violations.  
EFFECTIVE DATE: July 1, 2024