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 Page 1 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 Page 2 of 11 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 Page 3 of 11 § 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 Page 4 of 11 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 Page 5 of 11 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 Page 6 of 11 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 Page 7 of 11 §§ 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 Page 8 of 11 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 Page 9 of 11 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 Page 10 of 11 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