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General Assembly Substitute Bill No. 254
February Session, 2024
AN ACT CONCERNING THE RECOMMENDATIONS OF THE RISK -
LIMITING AUDITS WORKING GROUP.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective January 1, 2025) (a) Not earlier than the fifteenth 1
day after any state election and not later than two business days before 2
the canvass of votes by the Secretary of the State, Treasurer and 3
Comptroller, commencing on a day designated by the Secretary, the 4
registrars of voters shall conduct a risk-limiting audit of such election. 5
Each such audit shall be noticed in advance and be open to public 6
observation. Any election official who participates in the administration 7
and conduct of an audit pursuant to this section shall be compensated 8
by the municipality at the standard rate of pay established by such 9
municipality for elections. 10
(b) (1) Except as provided in subdivision (2) of this subsection, the 11
offices subject to a risk-limiting audit pursuant to this section shall be 12
(A) the office of presidential elector, if applicable, (B) all applicable state 13
offices, as defined in section 9-372 of the general statutes, (C) at least one 14
representative in Congress, selected in a random drawing by the 15
Secretary of the State, (D) at least five per cent, in the aggregate, of the 16
offices of state senator and state representative, selected in a random 17
drawing by the Secretary, and (E) any other office required to be audited 18 Substitute Bill No. 254
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by federal law. Whenever an office is randomly selected by the Secretary 19
under this subsection, the selection process shall be open to the public. 20
(2) (A) If an office of representative in Congress is subject to recanvass 21
or an election contest pursuant to any provision of the general statutes, 22
the Secretary of the State shall ensure such office is included in the office 23
or offices selected under subparagraph (C) of subdivision (1) of this 24
subsection. 25
(B) If an office of state senator or state representative is subject to 26
recanvass or an election contest pursuant to any provision of the general 27
statutes, the Secretary of the State shall ensure such office is included in 28
the offices selected under subparagraph (D) of subdivision (1) of this 29
subsection. 30
(c) Prior to the day designated by the Secretary of the State for the 31
commencement of the risk-limiting audit described in subsection (a) of 32
this section, the registrars of voters shall submit to the Secretary the 33
ballot manifests created under section 3 of this act. 34
(d) The risk-limiting audit described in subsection (a) of this section 35
shall be conducted in accordance with instructions and procedures 36
prescribed by the Secretary of the State not later than January 1, 2026, 37
which instructions and procedures shall be consistent across all offices. 38
The risk limit for each such audit shall be not more than five per cent. 39
The results of each audit conducted pursuant to this section, including 40
any such audit that produces an outcome of "INCONCLUSIVE" as 41
described in subsection (e) of this section, shall be reported on a form 42
and in a manner prescribed by the Secretary. Such reported results shall 43
be filed with the Secretary, who shall immediately forward such 44
reported results to The University of Connecticut for analysis. The 45
University of Connecticut shall submit to the Secretary a written report 46
regarding such analysis that describes any concerns identified. After 47
receipt of such written report, the Secretary shall transmit to the State 48
Elections Enforcement Commission a copy of such written report. 49 Substitute Bill No. 254
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(e) In the event a risk-limiting audit conducted pursuant to this 50
section for a particular office produces a n outcome of 51
"INCONCLUSIVE", the Secretary of the State shall order a manual 52
recount of all ballots cast for such office. 53
(f) If the written report submitted by The University of Connecticut 54
under subsection (d) of this section indicates that a voting tabulator 55
failed to record votes accurately and in the manner provided by title 9 56
of the general statutes, the Secretary of the State shall require that the 57
voting tabulator be examined and recertified by the Secretary, or the 58
Secretary's designee. Nothing in this subsection shall be construed to 59
prohibit the Secretary from requiring that a voting tabulator be 60
examined and recertified. 61
(g) The audit results reported to the Secretary of the State pursuant to 62
subsection (d) of this section shall be open to public inspection and may 63
be used as prima facie evidence of an irregularity in any contest arising 64
pursuant to chapter 149 of the general statutes or for any other cause of 65
action arising from such election. 66
(h) If the audit officials are unable to reconcile the results from an 67
audit described in subsection (a) of this section with the outcome of the 68
person declared elected by virtue of having received the greatest 69
number of votes, as determined by the paper ballots, the Secretary of the 70
State shall conduct such further investigation of the voting tabulator as 71
may be necessary for the purpose of reviewing whether or not to 72
decertify the voting tabulator or tabulators in question or to order the 73
voting tabulator to be examined and recertified pursuant to subsection 74
(f) of this section. Any report produced by the Secretary as a result of 75
such investigation shall be filed with the State Elections Enforcement 76
Commission, and the commission may initiate such further 77
investigation in accordance with subdivision (1) of subsection (a) of 78
section 9-7b of the general statutes as may be required to determine if 79
any violations of the general statutes concerning election law have been 80
committed. 81 Substitute Bill No. 254
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(i) The individual paper ballots used at an election shall be carefully 82
preserved and returned in their designated receptacle in accordance 83
with the requirements of section 9-266 or 9-310 of the general statutes, 84
whichever is applicable. 85
(j) Nothing in this section shall be construed to preclude any 86
candidate or elector from seeking additional remedies pursuant to 87
chapter 149 of the general statutes. 88
(k) After a state election, any voting tabulator may be kept locked for 89
a period longer than that prescribed by sections 9-266, 9-310 and 9-447 90
of the general statutes, if such an extended period is ordered by either a 91
court of competent jurisdiction, the Secretary of the State or the State 92
Elections Enforcement Commission. Either the court or the Secretary of 93
the State may order an audit of such voting tabulator to be conducted 94
by such persons as the court or the Secretary may designate, provided 95
the State Elections Enforcement Commission may order such an audit 96
where the particular office in question is that of the Secretary of the 97
State. If the machine utilized in such election is an optical scan voting 98
system, such order to lock such machine shall include the tabulator, 99
memory card and all other components and processes utilized in the 100
programming of such machine. 101
(l) The Secretary of the State may adopt regulations, in accordance 102
with the provisions of chapter 54 of the general statutes, as may be 103
necessary for the conduct of risk-limiting audits described in subsection 104
(a) of this section and to establish guidelines for expanded audits when 105
the results from such a risk-limiting audit cannot be reconciled with the 106
outcome of the person declared elected by virtue of having received the 107
greatest number of votes, as determined by the paper ballots. 108
(m) Notwithstanding any provision of the general statutes, the 109
Secretary of the State shall have access to the code in any voting machine 110
whenever any problem is discovered as a result of an audit described in 111
subsection (a) of this section. 112 Substitute Bill No. 254
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(n) As used in this section: 113
(1) "Risk-limiting audit" means a publicly verifiable auditing 114
procedure that (A) manually examines a statistical sample of paper 115
ballots which reflect the intents of the voters having cast such ballots, 116
(B) produces an outcome of either "ACCEPTABLE" or 117
"INCONCLUSIVE", and (C) guarantees a specified risk limit; 118
(2) "Risk limit" means the maximum probability that an audit would 119
produce an outcome of "ACCEPTABLE" when there is a disagreement 120
between the person declared elected and the person who received the 121
greatest number of votes as determined by the paper ballots; and 122
(3) "State election" has the same meaning as provided in section 9-1 123
of the general statutes. 124
Sec. 2. Section 9-320f of the 2024 supplement to the general statutes is 125
repealed and the following is substituted in lieu thereof (Effective January 126
1, 2025): 127
(a) (1) Not earlier than the fifteenth day after any [election or] federal 128
or state primary and not later than two business days before the canvass 129
of votes by the Secretary of the State, Treasurer and Comptroller, [for 130
any federal or state election or primary,] or (2) not earlier than the fifth 131
day after any municipal election or primary and not later than two 132
business days before the canvass of votes by the town clerk, [for any 133
municipal election or primary,] the registrars of voters shall conduct a 134
manual audit, or [, for an election or primary held on or after January 1, 135
2016,] an electronic audit authorized under section 9-320g, as amended 136
by this act, of the votes recorded in not less than five per cent of the 137
voting districts in the state, district or municipality, whichever is 138
applicable. For the purposes of this section, any central location used in 139
a municipality for the counting of absentee ballots, early voting ballots 140
or same-day election registration ballots shall be deemed a voting 141
district. Such manual or electronic audit shall be noticed in advance and 142
be open to public observation. Any election official who participates in 143 Substitute Bill No. 254
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the administration and conduct of an audit pursuant to this section shall 144
be compensated by the municipality at the standard rate of pay 145
established by such municipality for elections or primaries, as the case 146
may be. 147
(b) The voting districts subject to an audit described in subsection (a) 148
of this section shall be selected in a random drawing by the Secretary of 149
the State and such selection process shall be open to the public. The 150
offices subject to an audit pursuant to this section shall be, (1) [in the 151
case of an election where the office of presidential elector is on the ballot, 152
all offices required to be audited by federal law, plus one additional 153
office selected in a random drawing by the Secretary of the State, but in 154
no case less than three offices, (2) in the case of an election where the 155
office of Governor is on the ballot, all offices required to be audited by 156
federal law, plus one additional office selected in a random drawing by 157
the Secretary of the State, but in no case less than three offices, (3)] in the 158
case of a municipal election, three offices or twenty per cent of the 159
number of offices on the ballot, whichever is greater, selected at random 160
by the municipal clerk, and [(4)] (2) in the case of a primary, [election,] 161
all offices required to be audited by federal law, plus one additional 162
office, if any, but in no event less than twenty per cent of the offices on 163
the ballot, selected in a random drawing by the municipal clerk. 164
(c) If a selected voting district has an office that is subject to recanvass 165
or an election or primary contest pursuant to any provision of the 166
general statutes, the Secretary of the State shall select an alternative 167
district, pursuant to the process described in subsection (b) of this 168
section. 169
(d) The manual or electronic audit described in subsection (a) of this 170
section shall consist of the manual or electronic tabulation of the paper 171
ballots cast and counted by each voting tabulator subject to such audit. 172
Once complete, the vote totals established pursuant to such manual or 173
electronic tabulation shall be compared to the results reported by the 174
voting tabulator on the day of the election or primary. The results of 175
such manual or electronic tabulation shall be reported on a form 176 Substitute Bill No. 254
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prescribed by the Secretary of the State which shall include the total 177
number of ballots counted, the total votes received by each candidate in 178
question, the total votes received by each candidate in question on 179
ballots that were properly completed by each voter and the total votes 180
received by each candidate in question on ballots that were not properly 181
completed by each voter. Such [report] reported results shall be filed 182
with the Secretary, [of the State] who shall immediately forward such 183
[report] reported results to The University of Connecticut for analysis. 184
The University of Connecticut shall [file] submit to the Secretary a 185
written report [with the Secretary of the State] regarding such analysis 186
that describes any discrepancies identified. After receipt of such written 187
report, the Secretary [of the State shall file such report with] shall 188
transmit to the State Elections Enforcement Commission a copy of such 189
written report. 190
(e) For the purposes of this section, a ballot that has not been properly 191
completed will be deemed to be a ballot on which (1) votes have been 192
marked by the voter outside the vote targets, (2) votes have been marked 193
by the voter using a manual marking device that cannot be read by the 194
voting tabulator, or (3) in the judgment of the registrars of voters, the 195
voter marked the ballot in such a manner that the voting tabulator may 196
not have read the marks as votes cast. 197
(f) Notwithstanding the provisions of section 9-311, the Secretary of 198
the State shall order a discrepancy recanvass of the returns of an election 199
or primary for any office if a discrepancy, as defined in subsection (o) of 200
this section, exists where the margin of victory in the race for such office 201
is less than the amount of the discrepancy multiplied by the total 202
number of voting districts where such race appeared on the ballot, 203
provided in a year in which the Secretary of the State is a candidate for 204
an office on the ballot and that office is subject to an audit as provided 205
by this section, the State Elections Enforcement Commission shall order 206
a discrepancy recanvass if a discrepancy, as defined by subsection (o) of 207
this section, has occurred that could affect the outcome of the election or 208
primary for such office. 209 Substitute Bill No. 254
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(g) If the written report submitted by The University of Connecticut 210
[report described in] under subsection (d) of this section indicates that a 211
voting tabulator failed to record votes accurately and in the manner 212
provided by [the general statutes] this title, the Secretary of the State 213
shall require that the voting tabulator be examined and recertified by 214
the Secretary [of the State,] or the Secretary's designee. Nothing in this 215
subsection shall be construed to prohibit the Secretary [of the State] from 216
requiring that a voting tabulator be examined and recertified. 217
(h) The audit [report filed] results reported to the Secretary of the 218
State pursuant to subsection (d) of this section shall be open to public 219
inspection and may be used as prima facie evidence of a discrepancy in 220
any contest arising pursuant to chapter 149 or for any other cause of 221
action arising from such election or primary. 222
(i) If the audit officials are unable to reconcile the manual or electronic 223
count from an audit described in subsection (a) of this section with the 224
electronic vote tabulation and discrepancies from the election or 225
primary, the Secretary of the State shall conduct such further 226
investigation of the voting tabulator malfunction as may be necessary 227
for the purpose of reviewing whether or not to decertify the voting 228
tabulator or tabulators in question or to order the voting tabulator to be 229
examined and recertified pursuant to subsection (g) of this section. Any 230
report produced by the Secretary [of the State] as a result of such 231
investigation shall be filed with the State Elections Enforcement 232
Commission, and the commission may initiate such further 233
investigation in accordance with subdivision (1) of subsection (a) of 234
section 9-7b as may be required to determine if any violations of the 235
general statutes concerning election law have been committed. 236
(j) The individual paper ballots used at an election or primary shall 237
be carefully preserved and returned in their designated receptacle in 238
accordance with the requirements of section 9-266 or 9-310, whichever 239
is applicable. 240
(k) Nothing in this section shall be construed to preclude any 241 Substitute Bill No. 254
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candidate or elector from seeking additional remedies pursuant to 242
chapter 149. 243
(l) After an election or primary described in subsection (a) of this 244
section, any voting tabulator may be kept locked for a period longer 245
than that prescribed by sections 9-266, 9-310 and 9-447, if such an 246
extended period is ordered by either a court of competent jurisdiction, 247
the Secretary of the State or the State Elections Enforcement 248
Commission. Either the court or the Secretary of the State may order an 249
audit of such voting tabulator to be conducted by such persons as the 250
court or the Secretary [of the State] may designate, provided the State 251
Elections Enforcement Commission may order such an audit under the 252
circumstances prescribed in subsection (f) of this section. If the machine 253
utilized in such election or primary is an optical scan voting system, 254
such order to lock such machine shall include the tabulator, memory 255
card and all other components and processes utilized in the 256
programming of such machine. 257
(m) The Secretary of the State may adopt regulations, in accordance 258
with the provisions of chapter 54, as may be necessary for the conduct 259
of the manual or electronic tabulation of the paper ballots described in 260
subsection (a) of this section and to establish guidelines for expanded 261
audits when there are differences between the manual or electronic 262
counts from the audit described in subsection (a) of this section and 263
tabulator counts from the election or primary. 264
(n) Notwithstanding any provision of the general statutes, the 265
Secretary of the State shall have access to the code in any voting machine 266
whenever any problem is discovered as a result of an audit described in 267
subsection (a) of this section. 268
(o) As used in this section: [, "discrepancy"] 269
(1) "Discrepancy" means any difference in vote totals between 270
tabulator counts from an election or primary and manual or electronic 271
counts from an audit described in subsection (a) of this section in a 272 Substitute Bill No. 254
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voting district that exceeds one-half of one per cent of the lesser amount 273
of the vote totals between such tabulator counts and such manual or 274
electronic counts where such differences cannot be resolved through an 275
accounting of ballots that were not marked properly in accordance with 276
subsection (e) of this section; [, "state election" means "state election", as 277
defined in section 9-1, "municipal election"] 278
(2) "Municipal election" means a municipal election held pursuant to 279
section 9-164; [, "manual"] 280
(3) "Manual" means by hand and without the assistance of electronic 281
equipment; and ["electronic"] 282
(4) "Electronic" means through the use of equipment described in 283
section 9-320g, as amended by this act. 284
Sec. 3. (NEW) (Effective January 1, 2025) (a) Except in the case of a 285
recanvass subject to the provisions of subsection (b) of this section, not 286
later than seventy-two hours after the close of the polls at each state 287
election, as defined in section 9-1 of the general statutes: 288
(1) The election officials in each polling place shall create a ballot 289
manifest for such polling place by manually verifying the number of 290
ballots cast that comprise the result publicly announced by the 291
moderator under subsection (a) of section 9-309 of the general statutes 292
and recording such number on such ballot manifest, in accordance with 293
procedures prescribed by the Secretary of the State; and 294
(2) The absentee ballot counters in each central counting location shall 295
create a ballot manifest for such central counting location by manually 296
verifying the number of ballots cast that comprise the result publicly 297
declared by the moderator under subsection (b) of section 9-150b of the 298
general statutes and recording such number on such ballot manifest, in 299
accordance with procedures prescribed by the Secretary of the State. 300
(b) Not later than twenty-four hours after the completion of any 301
recanvass conducted at a state election in a voting district, the recanvass 302 Substitute Bill No. 254
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officials shall create a ballot manifest for such district by manually 303
verifying the number of ballots cast that comprise the vote announced 304
by the moderator under subdivision (1) of subsection (c) of section 9-311 305
of the general statutes and recording such number on such ballot 306
manifest, in accordance with procedures prescribed by the Secretary of 307
the State. 308
(c) All ballot manifest creation procedures shall be open to public 309
observation. 310
(d) Immediately after a ballot manifest has been created pursuant to 311
this section, the moderator shall submit such ballot manifest to the 312
registrars of voters. 313
Sec. 4. Section 9-323 of the general statutes is repealed and the 314
following is substituted in lieu thereof (Effective January 1, 2025): 315
Any elector or candidate who claims that he is aggrieved by any 316
ruling of any election official in connection with any election for 317
presidential electors and for a senator in Congress and for 318
representative in Congress or any of them, held in his town, or that there 319
was a mistake in the count of the votes cast at such election for 320
candidates for such electors, senator in Congress and representative in 321
Congress, or any of them, at any voting district in his town, or any 322
candidate for such an office who claims that he is aggrieved by a 323
violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-324
364, 9-364a or 9-365 in the casting of absentee ballots at such election, 325
may bring his complaint to any judge of the Supreme Court, in which 326
he shall set out the claimed errors of such election official, the claimed 327
errors in the count or the claimed violations of said sections. In any 328
action brought pursuant to the provisions of this section, the 329
complainant shall file a certification attached to the complaint indicating 330
that a copy of the complaint has been sent by first-class mail or delivered 331
to the State Elections Enforcement Commission. If such complaint is 332
made prior to such election, such judge shall proceed expeditiously to 333
render judgment on the complaint and shall cause notice of the hearing 334 Substitute Bill No. 254
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to be given to the Secretary of the State and the State Elections 335
Enforcement Commission. If such complaint is made subsequent to the 336
election, it shall be brought not later than fourteen days after the election 337
or, if such complaint is brought in response to [the manual tabulation of 338
paper ballots authorized] an audit conducted pursuant to section 9-320f, 339
as amended by this act, or section 1 of this act, such complaint shall be 340
brought not later than seven days after the close of any such [manual 341
tabulation] audit, and in either such circumstance, the judge shall 342
forthwith order a hearing to be had upon such complaint, upon a day 343
not more than five or less than three days from the making of such order, 344
and shall cause notice of not less than three or more than five days to be 345
given to any candidate or candidates whose election may be affected by 346
the decision upon such hearing, to such election official, to the Secretary 347
of the State, to the State Elections Enforcement Commission and to any 348
other party or parties whom such judge deems proper parties thereto, 349
of the time and place for the hearing upon such complaint. Such judge, 350
with two other judges of the Supreme Court to be designated by the 351
Chief Court Administrator, shall, on the day fixed for such hearing and 352
without unnecessary delay, proceed to hear the parties. If sufficient 353
reason is shown, such judges may order any voting tabulators to be 354
unlocked or any ballot boxes to be opened and a recount of the votes 355
cast, including absentee ballots, to be made. Such judges shall 356
thereupon, in the case they, or any two of them, find any error in the 357
rulings of the election official, any mistake in the count of such votes or 358
any violation of said sections, certify the result of their finding or 359
decision, or the finding or decision of a majority of them, to the Secretary 360
of the State before the first Monday after the second Wednesday in 361
December. Such judges may order a new election or a change in the 362
existing election schedule, provided such order complies with Section 363
302 of the Help America Vote Act, P.L. 107-252, as amended from time 364
to time. Such certificate of such judges, or a majority of them, shall be 365
final upon all questions relating to the rulings of such election officials, 366
to the correctness of such count and, for the purposes of this section 367
only, such claimed violations, and shall operate to correct the returns of 368
the moderators or presiding officers so as to conform to such finding or 369 Substitute Bill No. 254
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decision. 370
Sec. 5. Section 9-324 of the general statutes is repealed and the 371
following is substituted in lieu thereof (Effective January 1, 2025): 372
Any elector or candidate who claims that such elector or candidate is 373
aggrieved by any ruling of any election official in connection with any 374
election for Governor, Lieutenant Governor, Secretary of the State, State 375
Treasurer, Attorney General, State Comptroller or judge of probate, held 376
in such elector's or candidate's town, or that there has been a mistake in 377
the count of the votes cast at such election for candidates for said offices 378
or any of them, at any voting district in such elector's or candidate's 379
town, or any candidate for such an office who claims that such candidate 380
is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-381
361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 382
such election or any candidate for the office of Governor, Lieutenant 383
Governor, Secretary of the State, State Treasurer, Attorney General or 384
State Comptroller, who claims that such candidate is aggrieved by a 385
violation of any provision of sections 9-700 to 9-716, inclusive, may bring 386
such elector's or candidate's complaint to any judge of the Superior 387
Court, in which such elector or candidate shall set out the claimed errors 388
of such election official, the claimed errors in the count or the claimed 389
violations of said sections. In any action brought pursuant to the 390
provisions of this section, the complainant shall send a copy of the 391
complaint by first-class mail, or deliver a copy of the complaint by hand, 392
to the State Elections Enforcement Commission. If such complaint is 393
made prior to such election, such judge shall proceed expeditiously to 394
render judgment on the complaint and shall cause notice of the hearing 395
to be given to the Secretary of the State and the State Elections 396
Enforcement Commission. If such complaint is made subsequent to the 397
election, it shall be brought not later than fourteen days after the election 398
or, if such complaint is brought in response to [the manual tabulation of 399
paper ballots authorized] an audit conducted pursuant to section 9-320f, 400
as amended by this act, or section 1 of this act, such complaint shall be 401
brought not later than seven days after the close of any such [manual 402 Substitute Bill No. 254
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tabulation] audit and, in either such circumstance, such judge shall 403
forthwith order a hearing to be had upon such complaint, upon a day 404
not more than five nor less than three days from the making of such 405
order, and shall cause notice of not less than three nor more than five 406
days to be given to any candidate or candidates whose election may be 407
affected by the decision upon such hearing, to such election official, the 408
Secretary of the State, the State Elections Enforcement Commission and 409
to any other party or parties whom such judge deems proper parties 410
thereto, of the time and place for the hearing upon such complaint. Such 411
judge shall, on the day fixed for such hearing and without unnecessary 412
delay, proceed to hear the parties. If sufficient reason is shown, such 413
judge may order any voting tabulators to be unlocked or any ballot 414
boxes to be opened and a recount of the votes cast, including absentee 415
ballots, to be made. Such judge shall thereupon, in case such judge finds 416
any error in the rulings of the election official, any mistake in the count 417
of the votes or any violation of said sections, certify the result of such 418
judge's finding or decision to the Secretary of the State before the 419
fifteenth day of the next succeeding December. Such judge may order a 420
new election or a change in the existing election schedule. Such 421
certificate of such judge of such judge's finding or decision shall be final 422
and conclusive upon all questions relating to errors in the rulings of 423
such election officials, to the correctness of such count, and, for the 424
purposes of this section only, such claimed violations, and shall operate 425
to correct the returns of the moderators or presiding officers, so as to 426
conform to such finding or decision, unless the same is appealed from 427
as provided in section 9-325. 428
Sec. 6. Section 9-328 of the general statutes is repealed and the 429
following is substituted in lieu thereof (Effective January 1, 2025): 430
Any elector or candidate claiming to have been aggrieved by any 431
ruling of any election official in connection with an election for any 432
municipal office or a primary for justice of the peace, or any elector or 433
candidate claiming that there has been a mistake in the count of votes 434
cast for any such office at such election or primary, or any candidate in 435 Substitute Bill No. 254
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such an election or primary claiming that he is aggrieved by a violation 436
of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 437
or 9-365 in the casting of absentee ballots at such election or primary, 438
may bring a complaint to any judge of the Superior Court for relief 439
therefrom. In any action brought pursuant to the provisions of this 440
section, the complainant shall send a copy of the complaint by first-class 441
mail, or deliver a copy of the complaint by hand, to the State Elections 442
Enforcement Commission. If such complaint is made prior to such 443
election or primary, such judge shall proceed expeditiously to render 444
judgment on the complaint and shall cause notice of the hearing to be 445
given to the Secretary of the State and the State Elections Enforcement 446
Commission. If such complaint is made subsequent to such election or 447
primary, it shall be brought not later than fourteen days after such 448
election or primary, except that if such complaint is brought in response 449
to [the manual tabulation of paper ballots, authorized] an audit 450
conducted pursuant to section 9-320f, as amended by this act, or section 451
1 of this act, such complaint shall be brought not later than seven days 452
after the close of any such [manual tabulation] audit, to any judge of the 453
Superior Court, in which he shall set out the claimed errors of the 454
election official, the claimed errors in the count or the claimed violations 455
of said sections. Such judge shall forthwith order a hearing to be had 456
upon such complaint, upon a day not more than five nor less than three 457
days from the making of such order, and shall cause notice of not less 458
than three nor more than five days to be given to any candidate or 459
candidates whose election or nomination may be affected by the 460
decision upon such hearing, to such election official, the Secretary of the 461
State, the State Elections Enforcement Commission and to any other 462
party or parties whom such judge deems proper parties thereto, of the 463
time and place for the hearing upon such complaint. Such judge shall, 464
on the day fixed for such hearing and without unnecessary delay, 465
proceed to hear the parties. If sufficient reason is shown, he may order 466
any voting tabulators to be unlocked or any ballot boxes to be opened 467
and a recount of the votes cast, including absentee ballots, to be made. 468
Such judge shall thereupon, if he finds any error in the rulings of the 469
election official or any mistake in the count of the votes, certify the result 470 Substitute Bill No. 254
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of his finding or decision to the Secretary of the State before the tenth 471
day succeeding the conclusion of the hearing. Such judge may order a 472
new election or primary or a change in the existing election schedule. 473
Such certificate of such judge of his finding or decision shall be final and 474
conclusive upon all questions relating to errors in the ruling of such 475
election officials, to the correctness of such count, and, for the purposes 476
of this section only, such claimed violations, and shall operate to correct 477
the returns of the moderators or presiding officers, so as to conform to 478
such finding or decision, except that this section shall not affect the right 479
of appeal to the Supreme Court and it shall not prevent such judge from 480
reserving such questions of law for the advice of the Supreme Court as 481
provided in section 9-325. Such judge may, if necessary, issue his writ of 482
mandamus, requiring the adverse party and those under him to deliver 483
to the complainant the appurtenances of such office, and shall cause his 484
finding and decree to be entered on the records of the Superior Court in 485
the proper judicial district. 486
Sec. 7. Subsection (a) of section 9-329a of the general statutes is 487
repealed and the following is substituted in lieu thereof (Effective January 488
1, 2025): 489
(a) Any (1) elector or candidate aggrieved by a ruling of an election 490
official in connection with any primary held pursuant to (A) section 9-491
423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 492
alleges that there has been a mistake in the count of the votes cast at such 493
primary, or (3) candidate in such a primary who alleges that he is 494
aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-495
361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 496
such primary, may bring his complaint to any judge of the Superior 497
Court for appropriate action. In any action brought pursuant to the 498
provisions of this section, the complainant shall file a certification 499
attached to the complaint indicating that a copy of the complaint has 500
been sent by first-class mail or delivered to the State Elections 501
Enforcement Commission. If such complaint is made prior to such 502
primary such judge shall proceed expeditiously to render judgment on 503 Substitute Bill No. 254
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the complaint and shall cause notice of the hearing to be given to the 504
Secretary of the State and the State Elections Enforcement Commission. 505
If such complaint is made subsequent to such primary it shall be 506
brought, not later than fourteen days after such primary, or if such 507
complaint is brought in response to [the manual tabulation of paper 508
ballots, described in] an audit conducted pursuant to section 9-320f, as 509
amended by this act, or section 1 of this act, such complaint shall be 510
brought, not later than seven days after the close of any such [manual 511
tabulation] audit, to any judge of the Superior Court. 512
Sec. 8. Subsection (b) of section 9-3 of the general statutes is repealed 513
and the following is substituted in lieu thereof (Effective January 1, 2025): 514
(b) During any municipal, state or federal election, primary or 515
recanvass, or any audit conducted pursuant to section 9-320f, as 516
amended by this act, or section 1 of this act, the Secretary of the State 517
may issue an order, whether orally or in writing, to any registrar of 518
voters or moderator to correct any irregularity or impropriety in the 519
conduct of such election, primary or recanvass or audit. Any such order 520
shall be effective upon issuance. As soon as practicable after issuance of 521
an oral order pursuant to this subsection, the Secretary shall reduce such 522
order to writing, cite within such order any applicable provision of law 523
authorizing such order and cause a copy of such written order to be 524
delivered to the individual who is the subject of such order or, in the 525
case that such order was originally issued in writing, issue a subsequent 526
written order that conforms to such requirements. The Superior Court, 527
on application of the Secretary or the Attorney General, may enforce by 528
appropriate decree or process any such order issued pursuant to this 529
subsection. 530
Sec. 9. Subdivision (3) of subsection (b) of section 9-229 of the 2024 531
supplement to the general statutes is repealed and the following is 532
substituted in lieu thereof (Effective January 1, 2025): 533
(3) The duties of each regional election advisor shall include, but not 534
be limited to: (A) Holding the instructional sessions described in 535 Substitute Bill No. 254
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subdivision (2) of this subsection; (B) communicating with registrars of 536
voters to assist, to the extent permitted under law, in preparations for 537
and operations of any election, primary or recanvass, or any audit 538
conducted pursuant to section 9-320f, as amended by this act, or section 539
1 of this act; and (C) transmitting any order issued by the Secretary of 540
the State, pursuant to subsection (b) of section 9-3, as amended by this 541
act. 542
Sec. 10. Subsection (a) of section 9-229b of the 2024 supplement to the 543
general statutes is repealed and the following is substituted in lieu 544
thereof (Effective January 1, 2025): 545
(a) Any regional council of governments organized under the 546
provisions of sections 4-124i to 4-124p, inclusive, may appoint a regional 547
election advisor, who shall represent, consult with and act on behalf of 548
such regional council of governments and any combination of regional 549
councils of governments or member towns of regional councils of 550
governments that may seek the assistance of such regional election 551
advisor. A regional election advisor shall consult and coordinate with 552
the Secretary of the State to provide such assistance in preparations for 553
and operations of any election, primary or recanvass, or any audit 554
conducted pursuant to section 9-320f, as amended by this act, or section 555
1 of this act. 556
Sec. 11. Section 9-320g of the general statutes is repealed and the 557
following is substituted in lieu thereof (Effective January 1, 2025): 558
Notwithstanding any provision of this title, the Secretary of the State, 559
in consultation and coordination with The University of Connecticut, 560
may authorize the use of electronic equipment for the purpose of 561
conducting any audit required pursuant to section 9-320f, [for any 562
primary or general election held on or after January 1, 2016] as amended 563
by this act, or section 1 of this act, provided (1) the Secretary of the State 564
prescribes specifications for (A) the testing, set-up and operation of such 565
equipment, and (B) the training of election officials in the use of such 566
equipment; and (2) the Secretary of the State and The University of 567 Substitute Bill No. 254
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Connecticut agree that such equipment is sufficient in quantity to 568
accommodate the total number of audits to be conducted. Nothing in 569
this section shall preclude any candidate or elector from seeking 570
additional remedies pursuant to chapter 149 as a result of any 571
information revealed by such process. 572
Sec. 12. (Effective January 1, 2025) The Secretary of the State shall 573
establish a pilot program for the conduct of risk-limiting audits at 574
municipal elections in 2025. The Secretary shall randomly select three 575
municipalities for participation in such pilot program, provided the 576
Secretary shall select: (1) One municipality with a population of less 577
than twenty thousand; (2) one municipality with a population of twenty 578
thousand or greater, but less than ninety thousand; and (3) one 579
municipality with a population of ninety thousand or greater. For the 580
purposes of this section, "population" means the estimated number of 581
people according to the most recent version of the State Register and 582
Manual prepared pursuant to section 3-90 of the general statutes. 583
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2025 New section
Sec. 2 January 1, 2025 9-320f
Sec. 3 January 1, 2025 New section
Sec. 4 January 1, 2025 9-323
Sec. 5 January 1, 2025 9-324
Sec. 6 January 1, 2025 9-328
Sec. 7 January 1, 2025 9-329a(a)
Sec. 8 January 1, 2025 9-3(b)
Sec. 9 January 1, 2025 9-229(b)(3)
Sec. 10 January 1, 2025 9-229b(a)
Sec. 11 January 1, 2025 9-320g
Sec. 12 January 1, 2025 New section
Statement of Legislative Commissioners:
In Section 3(a), "Except as provided in" was changed to "Except in the
case of a recanvass subject to the provisions of" for clarity; in Section 11,
"as amended by this act," was moved from before the opening bracket Substitute Bill No. 254
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to after the closing bracket for consistency with standard drafting
conventions; and in Section 12, "in accordance with the following" was
changed to "provided the Secretary shall select" for clarity.
GAE Joint Favorable Subst.