Connecticut 2024 Regular Session

Connecticut Senate Bill SB00390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 6
	3	+	LCO No. 2713 1 of 6
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 390
	5	+	General Assembly Raised Bill No. 390
6	6		February Session, 2024
	7	+	LCO No. 2713
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
7	17
8	18
9	19
10	20		AN ACT CONCERNING PENALTIES FOR CERTAIN ELECTION
11	21		CRIMES.
12	22		Be it enacted by the Senate and House of Representatives in General
13	23		Assembly convened:
14	24
15	25		Section 1. Section 9-352 of the general statutes is repealed and the 1
16	26		following is substituted in lieu thereof (Effective October 1, 2024): 2
17	27		Any election official who, with intent to cause or permit any voting 3
18	28		tabulator to fail to correctly register all votes cast thereon, tampers with 4
19	29		or disarranges such tabulator in any way or any part or appliance 5
20	30		thereof, or causes such tabulator to be used or consents to its being used 6
21	31		for voting at any election with knowledge of the fact that the same is not 7
22	32		in order, or not perfectly set and adjusted to correctly register all votes 8
23	33		cast thereon, or who, for the purpose of defrauding or deceiving any 9
24	34		elector or of causing it to be doubtful for what candidate or candidates 10
25	35		or proposition any vote is cast, or causing it to appear upon such 11
26	36		tabulator that votes cast for one candidate or proposition were cast for 12
27	37		another candidate or proposition, removes, changes or mutilates any 13
28		-	ballot, shall be guilty of a class D felony with a minimum term of 14
	38	+	ballot shall be guilty of a class D felony with a minimum term of 14 Raised Bill No. 390
	39	+
	40	+
	41	+
	42	+	LCO No. 2713 2 of 6
	43	+
29	44		imprisonment of twelve months that may not be suspended or reduced. 15
30	45		Sec. 2. Section 9-353 of the general statutes is repealed and the 16
31	46		following is substituted in lieu thereof (Effective October 1, 2024): 17
32		-	Any election official who, at the close of the polls, purposely causes 18 Substitute Bill No. 390
33		-
34		-
35		-	LCO 2 of 6
36		-
	47	+	Any election official who, at the close of the polls, purposely causes 18
37	48		the vote registered on the tabulator to be incorrectly taken down as to 19
38	49		any candidate or proposition voted on, or who knowingly causes to be 20
39	50		made or signed any false statement, certificate or return of any kind, of 21
40	51		such vote, or who knowingly consents to any such act, shall be guilty of 22
41	52		a class D felony with a minimum term of imprisonment of twelve 23
42	53		months that may not be suspended or reduced. 24
43	54		Sec. 3. Section 9-354 of the general statutes is repealed and the 25
44	55		following is substituted in lieu thereof (Effective October 1, 2024): 26
45	56		Any person who prints or causes to be printed upon any official ballot 27
46	57		the name of any person not a candidate of a party whose name is printed 28
47		-	at the head of the column containing such nominees, or who prints or 29
	58	+	at the head of the column containing such nominees or who prints or 29
48	59		causes to be printed any authorized ballot in any manner other than that 30
49		-	prescribed by the Secretary of the State, shall be guilty of a class D felony 31
	60	+	prescribed by the Secretary of the State shall be guilty of a class D felony 31
50	61		with a minimum term of imprisonment of twelve months that may not 32
51	62		be suspended or reduced. 33
52	63		Sec. 4. Section 9-355 of the general statutes is repealed and the 34
53	64		following is substituted in lieu thereof (Effective October 1, 2024): 35
54	65		Any person who, without reasonable cause, neglects to perform any 36
55	66		of the duties required of him by the laws relating to elections or 37
56	67		primaries and for which neglect no other punishment is provided, and 38
57	68		any person who is guilty of fraud in the performance of any such duty, 39
58	69		and any person who makes any unlawful alteration in any list required 40
59	70		by law, shall be fined not more than three hundred dollars or be 41
60	71		imprisoned not more than [one year] twelve months or be both fined 42
61	72		and imprisoned. Any official who is convicted of fraud in the 43
62	73		performance of any duty imposed upon him by any law relating to the 44
63		-	registration or admission of electors or to the conduct of any election 45
	74	+	registration or admission of electors or to the conduct of any election 45 Raised Bill No. 390
	75	+
	76	+
	77	+
	78	+	LCO No. 2713 3 of 6
	79	+
64	80		shall be disfranchised. Any public officer or any election official upon 46
65	81		whom any duty is imposed by part I of chapter 147 and sections 9-308 47
66	82		to 9-311, inclusive, who wilfully omits or neglects to perform any such 48
67	83		duty or does any act prohibited therein for which punishment is not 49
68		-	otherwise provided shall be guilty of a class E felony with a minimum 50 Substitute Bill No. 390
69		-
70		-
71		-	LCO 3 of 6
72		-
	84	+	otherwise provided shall be guilty of a class E felony with a minimum 50
73	85		term of imprisonment of twelve months that may not be suspended or 51
74	86		reduced. 52
75	87		Sec. 5. Section 9-359 of the general statutes is repealed and the 53
76	88		following is substituted in lieu thereof (Effective October 1, 2024): 54
77	89		(a) Any [(1)] person who executes an absentee ballot for the purpose 55
78		-	of informing any other person how he votes, or ~~who~~ procures any 56
79		-	~~absentee~~ ballot to be prepared for such purpose, [(2)] shall be guilty of a 57
80		-	~~class D~~ felony. 58
	90	+	of informing any other person how he votes, or procures any absentee 56
	91	+	ballot to be prepared for such purpose [, (2)] shall be guilty of a class D 57
	92	+	felony. 58
81	93		(b) Any (1) municipal clerk or moderator, elector appointed to count 59
82	94		any absentee ballot or other person who wilfully attempts to ascertain 60
83	95		how any elector marked his absentee ballot or how it was cast, [(3)] (2) 61
84	96		person who unlawfully opens or fills out, except as provided in section 62
85	97		9-140a with respect to a person unable to write, any elector's absentee 63
86	98		ballot signed in blank, [(4)] (3) person designated under section 9-140a 64
87	99		who executes an absentee ballot contrary to the elector's wishes, or [(5)] 65
88	100		(4) person who wilfully violates any provision of chapter 145, shall be 66
89	101		guilty of a class D felony with a minimum term of imprisonment of 67
90	102		twelve months that may not be suspended or reduced. 68
91	103		Sec. 6. Section 9-359a of the general statutes is repealed and the 69
92	104		following is substituted in lieu thereof (Effective October 1, 2024): 70
93	105		(a) (1) A person is guilty of false statement in absentee balloting in the 71
94	106		first degree when such person intentionally signs the name of another 72
95	107		person to the application for an absentee ballot or the inner envelope 73
96	108		accompanying any such ballot, which such person does not believe to 74
97	109		be true and which signature is intended to mislead a public servant in 75
98		-	the performance of such public servant's official function. 76
	110	+	the performance of such public servant's official function. 76 Raised Bill No. 390
	111	+
	112	+
	113	+
	114	+	LCO No. 2713 4 of 6
	115	+
99	116		(2) False statement in absentee balloting in the first degree is a class 77
100	117		D felony with a minimum term of imprisonment of twelve months that 78
101	118		may not be suspended or reduced. 79
102		-	[(a)] (b) (1) A person is guilty of false statement in absentee balloting 80 Substitute Bill No. 390
103		-
104		-
105		-	LCO 4 of 6
106		-
107		-	in the second degree when [he] such person intentionally makes a false 81
	119	+	(b) (1) A person is guilty of false statement in absentee balloting in 80
	120	+	the second degree when [he] such person intentionally makes a false 81
108	121		written statement in or on [or signs the name of another person to] the 82
109	122		application for an absentee ballot or the inner envelope accompanying 83
110	123		any such ballot, which [he] such person does not believe to be true and 84
111	124		which statement [or signature] is intended to mislead a public servant 85
112	125		in the performance of [his] such public servant's official function. 86
113	126		[(b)] (2) False statement in absentee balloting in the second degree is 87
114	127		a class D felony. 88
115	128		Sec. 7. Section 9-363 of the general statutes is repealed and the 89
116	129		following is substituted in lieu thereof (Effective October 1, 2024): 90
117	130		Any person who, with intent to defraud any elector of his or her vote 91
118	131		or cause any elector to lose his or her vote or any part thereof, gives in 92
119	132		any way, or prints, writes or circulates, or causes to be written, printed 93
120	133		or circulated, any improper, false, misleading or incorrect instructions 94
121	134		or advice or suggestions as to the manner of voting on any tabulator, the 95
122	135		following of which or any part of which would cause any elector to lose 96
123	136		his or her vote or any part thereof, or would cause any elector to fail in 97
124	137		whole or in part to register or record the same on the tabulator for the 98
125	138		candidates of his or her choice, shall be guilty of a class D felony with a 99
126	139		minimum term of imprisonment of twelve months that may not be 100
127	140		suspended or reduced. 101
128	141		Sec. 8. Section 9-364 of the general statutes is repealed and the 102
129	142		following is substituted in lieu thereof (Effective October 1, 2024): 103
130	143		Any person who, with intent to disenfranchise any elector, influences 104
131	144		or attempts to influence by force or threat, bribery or corrupt, fraudulent 105
132	145		or deliberately deceitful means any elector to stay away from any 106
133		-	election shall be guilty of a class D felony with a minimum term of 107
	146	+	election shall be guilty of a class D felony with a minimum term of 107 Raised Bill No. 390
	147	+
	148	+
	149	+
	150	+	LCO No. 2713 5 of 6
	151	+
134	152		imprisonment of twelve months that may not be suspended or reduced. 108
135	153		Sec. 9. Section 9-365 of the general statutes is repealed and the 109
136		-	following is substituted in lieu thereof (Effective October 1, 2024): 110 Substitute Bill No. 390
137		-
138		-
139		-	LCO 5 of 6
140		-
	154	+	following is substituted in lieu thereof (Effective October 1, 2024): 110
141	155		Any person who (1) during the period that is sixty days or less prior 111
142	156		to any election, municipal meeting, school district election or school 112
143	157		district meeting, attempts to influence the vote of any operative in his or 113
144	158		her employ by threats of withholding employment from him or her or 114
145	159		by promises of employment, or (2) dismisses any operative from his or 115
146	160		her employment on account of any vote he or she has given at any such 116
147		-	election or meeting, shall be guilty of a class D felony with a minimum 117
	161	+	election or meeting shall be guilty of a class D felony with a minimum 117
148	162		term of imprisonment of twelve months that may not be suspended or 118
149	163		reduced. 119
150	164		Sec. 10. Section 9-366 of the general statutes is repealed and the 120
151	165		following is substituted in lieu thereof (Effective October 1, 2024): 121
152	166		Any person who induces or attempts to induce any elector to write, 122
153	167		paste or otherwise place, on a ballot, or a table or booth used for voting, 123
154	168		any name, sign or device of any kind, as a distinguishing mark by which 124
155	169		to indicate to another how such elector voted, or enters into or attempts 125
156	170		to form any agreement or conspiracy with any person to induce or 126
157	171		attempt to induce electors or any elector to so place any distinguishing 127
158	172		mark on such ballot, table or booth, or attempts to induce any elector to 128
159	173		do anything with a view to enabling another person to see or know for 129
160	174		what persons or any of them such elector votes, or enters into or 130
161	175		attempts to form any agreement or conspiracy to induce any elector to 131
162	176		do any act for the purpose of enabling another person or persons to see 132
163	177		or know for what person or persons such elector votes, or attempts to 133
164	178		induce any person to place himself or herself in such position, or to do 134
165	179		any other act for the purpose of enabling him or her to see or know for 135
166	180		what candidates any elector other than himself or herself votes, or 136
167	181		himself or herself attempts to get in such position to do any act so that 137
168	182		he or she will be enabled to see or know how any elector other than 138
169		-	himself or herself votes, or does any act which invades or interferes with 139
	183	+	himself or herself votes, or does any act which invades or interferes with 139 Raised Bill No. 390
	184	+
	185	+
	186	+
	187	+	LCO No. 2713 6 of 6
	188	+
170	189		the secrecy of the voting or causes the same to be invaded or interfered 140
171	190		with, shall be guilty of a class D felony with a minimum term of 141
172	191		imprisonment of twelve months that may not be suspended or reduced. 142
173		-	Sec. 11. Section 9-368c of the 2024 supplement to the general statutes 143 Substitute Bill No. 390
174		-
175		-
176		-	LCO 6 of 6
177		-
	192	+	Sec. 11. Section 9-368c of the 2024 supplement to the general statutes 143
178	193		is repealed and the following is substituted in lieu thereof (Effective 144
179	194		October 1, 2024): 145
180	195		(a) No person shall intentionally misrepresent the contents of a 146
181	196		petition circulated under this title. 147
182	197		(b) Any person who violates any provision of this section shall be 148
183	198		guilty of a class D felony with a minimum term of imprisonment of 149
184	199		twelve months that may not be suspended or reduced. 150
185	200		This act shall take effect as follows and shall amend the following
186	201		sections:
187	202
188	203		Section 1 October 1, 2024 9-352
189	204		Sec. 2 October 1, 2024 9-353
190	205		Sec. 3 October 1, 2024 9-354
191	206		Sec. 4 October 1, 2024 9-355
192	207		Sec. 5 October 1, 2024 9-359
193	208		Sec. 6 October 1, 2024 9-359a
194	209		Sec. 7 October 1, 2024 9-363
195	210		Sec. 8 October 1, 2024 9-364
196	211		Sec. 9 October 1, 2024 9-365
197	212		Sec. 10 October 1, 2024 9-366
198	213		Sec. 11 October 1, 2024 9-368c
199	214
200		-	Statement of Legislative Commissioners:
201		-	In Section 5(a), "or procures" was changed to "or who procures" for
202		-	consistency.
203		-
204		-	GAE Joint Favorable Subst. -LCO
	215	+	Statement of Purpose:
	216	+	To provide that certain felony violations of election laws shall carry a
	217	+	penalty of a minimum term of imprisonment of twelve months that may
	218	+	not be suspended or reduced.
	219	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	220	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	221	+	underlined.]
205	222