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General Assembly Substitute Bill No. 386
February Session, 2024
AN ACT CONCERNING DESIGNATION OF POLLING PLACES, EARLY
VOTING AND REGIONAL ELECTION ADVISORS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2024) In any municipality where the 1
registrars of voters or the legislative body of such municipality, as 2
applicable, propose that the location of any polling place to be used at 3
an election or primary be moved from the location of such polling place 4
at the immediately preceding election or primary, (1) not later than one 5
hundred twenty days before the election or primary at which such 6
polling place is to be used, the registrars of voters or legislative body, as 7
applicable, shall so propose any such move at a regular meeting of such 8
legislative body, (2) not later than one hundred ten days before the 9
election or primary at which such polling place is to be used, the 10
legislative body shall conduct a public hearing on such proposed move, 11
and (3) not later than one hundred days before the election or primary 12
at which such polling place is to be used, the legislative body shall 13
approve or disapprove such proposed move. In the case of any such 14
proposed move that is approved, the registrars of voters or the 15
legislative body, as applicable, shall designate such new polling place 16
location in accordance with the provisions of applicable law. 17
Sec. 2. Section 9-168 of the general statutes is repealed and the 18
following is substituted in lieu thereof (Effective July 1, 2024): 19 Substitute Bill No. 386
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[In] Subject to the provisions of section 1 of this act, (1) in any town 20
not divided into voting districts, the place of holding elections may be 21
determined by the legislative body of such town, [. In] and (2) in towns 22
divided into voting districts, the place of holding elections shall be 23
determined as provided in section 9-169, as amended by this act, or any 24
special act, whichever applies. Except as provided in section 9-169a, 25
state elections shall be held at the usual place or places of holding 26
elections in the town or the voting districts thereof, as the case may be, 27
unless, [the registrars of voters, in writing, have designated to the clerk 28
of such town,] at least thirty-one days before any such state election, the 29
legislative body of such town designates a different place or places for 30
holding such election in accordance with the provisions of section 1 of 31
this act. Unless otherwise provided by special act, the place of holding 32
city or borough elections shall be determined by the legislative body of 33
such city or borough. Any provision of any charter or special act to the 34
contrary notwithstanding, the place or places of holding an election 35
shall be determined at least thirty-one days prior to such election, and 36
such place or places shall not be changed within the period of thirty-one 37
days prior to such election except that, if the municipal clerk and 38
registrars of voters of a municipality unanimously find that any such 39
polling place within such municipality has been rendered unusable 40
within such period, they shall forthwith designate another polling place 41
to be used in place of the one so rendered unusable and shall give 42
adequate notice that such polling place has been so changed. 43
Sec. 3. Section 9-168a of the general statutes is repealed and the 44
following is substituted in lieu thereof (Effective July 1, 2024): 45
(a) Any provision of the general statutes to the contrary 46
notwithstanding, in any municipality in which, at any election, or 47
primary, as a result of the assembly, senatorial or congressional district 48
lines in effect, there is a voting district or a part of a voting district which 49
differs geographically from the district lines as constituted in a 50
municipal election year, the [registrars of voters may] legislative body 51
of the municipality may, in accordance with the provisions of section 1 52
of this act, either provide a suitable polling place therein or, [may,] in 53 Substitute Bill No. 386
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lieu thereof, [with the approval of the legislative body of the 54
municipality,] provide separate voting tabulators in the polling place of 55
another voting district in said municipality for use by such electors. The 56
registrars of voters shall determine which polling place officials are 57
necessary for such separate tabulators and shall provide the procedure 58
to ensure that the electors use the proper voting tabulator, which 59
procedure may include the registrars of voters prescribing and 60
providing receipts. 61
(b) Any provision of the general statutes to the contrary 62
notwithstanding, in any municipality in which, at any election or 63
primary, as a result of the assembly, senatorial or congressional district 64
lines in effect, there is a voting district with less than one thousand five 65
hundred electors who vote for a combination of officers that no other 66
electors of the town vote for, the [registrars of voters may] legislative 67
body of the municipality may, in accordance with the provisions of 68
section 1 of this act, either provide a suitable polling place therein or, 69
[may,] in lieu thereof, provide separate voting tabulators in the polling 70
place of another voting district in said municipality for use by such 71
electors. If the [registrars of voters provide] legislative body provides 72
separate voting tabulators in the polling place of another voting district, 73
[they] the registrars of voters shall determine which polling place 74
officials are necessary for the district containing less than one thousand 75
five hundred electors and shall provide the procedure to ensure that the 76
electors use the proper voting tabulators, which procedure may include 77
the registrars of voters prescribing and providing receipts. 78
(c) In any election or primary where electors in more than one voting 79
district vote in the same building and vote for all the same officers, and 80
the law does not require separate returns, the registrars of voters may 81
combine the voting districts and polling places into one voting district 82
and polling place, with or without integrating the voting districts on the 83
check lists used at the election or primary. The registrars of voters shall 84
file a statement of their action with the town clerk before the election or 85
primary and the town clerk shall label the polling place return form to 86
show which districts are combined on such return. 87 Substitute Bill No. 386
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Sec. 4. Section 9-168b of the general statutes is repealed and the 88
following is substituted in lieu thereof (Effective July 1, 2024): 89
When in the written opinion of the registrars of any municipality, the 90
lack of an existing convenient or suitable polling place within the lines 91
of a particular voting district necessitates the designation of a polling 92
place in an adjacent district, such registrars may submit such written 93
opinion to the legislative body of such municipality along with a 94
proposal for the legislative body to designate a convenient and suitable 95
polling place in a voting district adjacent thereto, located as near as 96
possible to the boundaries of the voting district for which designated, in 97
accordance with the provisions of section 1 of this act. A separate 98
location from the existing polling place for such adjacent district shall 99
be designated, except that a separate room within such existing polling 100
place may be designated. Such written opinion of the registrars and 101
designation by the legislative body shall be filed with the municipal 102
clerk not later than ninety days before a regular election, or primary. 103
Within ten days after such filing, the municipal clerk shall cause notice 104
of such filing to be published in the newspaper having the greatest 105
circulation in the town. Such designation shall remain in effect for future 106
elections and primaries, until the registrars file a document with the 107
municipal clerk stating that the designation of such polling place in an 108
adjacent district is no longer necessary. 109
Sec. 5. Section 9-169 of the general statutes is repealed and the 110
following is substituted in lieu thereof (Effective July 1, 2024): 111
The legislative body of any town, consolidated town and city or 112
consolidated town and borough may divide and, from time to time, 113
redivide such municipality into voting districts. [The] Subject to the 114
provisions of section 1 of this act, the registrars of voters of any 115
municipality taking such action shall provide a suitable polling place in 116
each district but, if the registrars fail to agree as to the location of any 117
polling place or places, the legislative body shall determine the location 118
thereof. Polling places to be used in an election shall be determined at 119
least thirty-one days before such election, and such polling places shall 120 Substitute Bill No. 386
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not be changed within [said] such period of thirty-one days except that, 121
if the municipal clerk and registrars of voters of a municipality 122
unanimously find that any such polling place within such municipality 123
has been rendered unusable within such period, they shall forthwith 124
designate another polling place to be used in place of the one so 125
rendered unusable and shall give adequate notice that such polling 126
place has been so changed. The registrars of voters shall keep separate 127
lists of the electors residing in each district and shall appoint for each 128
district a moderator in accordance with the provisions of section 9-229 129
and such other election officials as are required by law, and shall 130
designate one of the moderators so appointed or any other elector of 131
such town to be the head moderator for the purpose of declaring the 132
results of elections in the whole municipality. The registrars may also 133
designate a deputy head moderator to assist the head moderator in the 134
performance of his duties provided the deputy head moderator and the 135
head moderator shall not be enrolled in the same major party, as defined 136
in subdivision (5) of section 9-372. The selectmen, town clerk, registrars 137
of voters and all other officers of the municipality shall perform the 138
duties required of them by law with respect to elections in each voting 139
district established in accordance with this section. Voting district lines 140
shall not be drawn by a municipality so as to conflict with the lines of 141
congressional districts, senate districts or assembly districts as 142
established by law, except (1) as provided in section 9-169d, and (2) that, 143
as to municipal elections, any part of a split voting district containing 144
less than two hundred electors may be combined with another voting 145
district adjacent thereto from which all and the same officers are elected 146
at such municipal election in accordance with the provisions of section 147
1 of this act. Any change in the boundaries of voting districts made 148
within ninety days prior to any election or primary shall not apply with 149
respect to such election or primary. The provisions of this section shall 150
prevail over any contrary provision of any charter or special act. 151
Sec. 6. (Effective from passage) At the conclusion of the presidential 152
preference primary held on April 2, 2024, the Secretary of the State shall 153
conduct a state-wide review of the implementation of early voting 154 Substitute Bill No. 386
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procedures at said primary for any inconsistencies, insufficiencies or 155
deficiencies in such implementation. Not later than May 1, 2024, the 156
Secretary shall submit a report to the joint standing committee of the 157
General Assembly having cognizance of matters relating to elections, in 158
accordance with the provisions of section 11-4a of the general statutes, 159
detailing the findings of such review and making recommendations for 160
any improvements in the implementation of early voting procedures at 161
future elections and primaries. 162
Sec. 7. Subsection (c) of section 9-229b of the 2024 supplement to the 163
general statutes is repealed and the following is substituted in lieu 164
thereof (Effective from passage): 165
(c) [Not later than March first of the year of each regular election, 166
each] Each regional council of governments that has appointed a 167
regional election advisor shall enter into a memorandum of 168
understanding with the Secretary of the State concerning the assistance 169
to be provided by such regional election advisor, and shall confirm 170
within such memorandum of understanding that (1) each requirement 171
described in subsection (b) of this section is satisfied and the individual 172
who shall serve as regional election advisor has been informed, in 173
writing, of the minimum expectations of performance for the position, 174
and (2) revocation by the Secretary of such regional election advisor's 175
certification constitutes breach of such memorandum of understanding, 176
which may result in termination of such memorandum of 177
understanding if the regional council of governments is not able to 178
appoint a replacement regional election advisor within thirty days after 179
such revocation. 180
Sec. 8. Subdivision (4) of subsection (b) of section 9-163aa of the 2024 181
supplement to the general statutes is repealed and the following is 182
substituted in lieu thereof (Effective from passage): 183
(4) (A) The registrars of voters shall appoint, for each day on which 184
early voting is conducted, a moderator and such other election or 185
primary officials to serve at each location designated for such conduct. 186 Substitute Bill No. 386
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The moderator so appointed shall perform any duty required, and may 187
exercise any power authorized, under this title related to the conduct of 188
early voting at such location. On any such day and solely for purposes 189
related to the conduct of early voting, the registrars of voters of a 190
municipality may, upon agreement, appoint one of the registrars from 191
such municipality as moderator in accordance with the provisions of 192
subparagraph (B) of this subdivision. The registrars of voters may 193
delegate to each other election or primary official so appointed any of 194
the responsibilities assigned to the registrars of voters. The registrars of 195
voters shall supervise each such official and train each such official to be 196
an early voting election or primary official. 197
(B) Whenever the registrars of voters of a municipality appoint, 198
pursuant to subparagraph (A) of this subdivision, one of the registrars 199
of such municipality as moderator to serve at a location designated for 200
the conduct of early voting, such registrars of voters shall jointly submit 201
to the Secretary of the State (i) a certification that the registrars of voters 202
of such municipality are in agreement as to such appointment, and (ii) 203
a written plan detailing alternative coverage of the duties normally 204
carried out by the registrar so appointed to ensure that such registrar 205
abstains, on each day in which such registrar serves as moderator, from 206
any such duties that conflict with those of the moderator. 207
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 New section
Sec. 2 July 1, 2024 9-168
Sec. 3 July 1, 2024 9-168a
Sec. 4 July 1, 2024 9-168b
Sec. 5 July 1, 2024 9-169
Sec. 6 from passage New section
Sec. 7 from passage 9-229b(c)
Sec. 8 from passage 9-163aa(b)(4)
Statement of Legislative Commissioners:
In Section 1(1) to (3), "such election or primary" was changed to "the
election or primary at which such polling place is to be used" for clarity; Substitute Bill No. 386
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and in Section 5, "said period of thirty-one days" was changed to "[said]
such period of thirty-one days" for consistency with standard drafting
conventions.
GAE Joint Favorable Subst.