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General Assembly Raised Bill No. 441
February Session, 2024
LCO No. 3020
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING ELECTION ADMINISTRATION OVERSIGHT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2024) (a) There is established a 1
Municipal Election Accountability Board, which shall be within the 2
office of the Secretary of the State for administrative purposes only, for 3
the purpose of reviewing the administration of elections, primaries and 4
referenda, including the conduct of early voting, absentee voting and 5
same-day election registration, in municipalities in this state whenever 6
such municipalities are referred to the board for such review, overseeing 7
the administration of elections in such municipalities where necessary 8
and establishing procedural safeguards for the effective conduct of such 9
elections, primaries and referenda in such municipalities. Nothing in 10
this section shall be construed to (1) affect the powers and duties under 11
title 9 of the general statutes of the Secretary of the State or the State 12
Elections Enforcement Commission, and (2) preclude any person from 13
seeking additional remedies under said title, including chapter 151a of 14
the general statutes. 15 Raised Bill No. 441
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(b) (1) The Municipal Election Accountability Board shall be 16
comprised of: (A) The Secretary of the State, or the Secretary's designee, 17
who shall be the chairperson of the board; (B) the executive director of 18
the State Elections Enforcement Commission, or the executive director's 19
designee; (C) the Treasurer, or the Treasurer's designee; (D) the 20
Comptroller, or the Comptroller's designee; (E) nine members 21
appointed by the Secretary of the State, with the advice and consent of 22
the General Assembly, as follows: (i) One member who shall be 23
admitted to the practice of law in this state and has expertise in election 24
administration; (ii) two members who shall be moderators that are 25
certified under section 9-229 of the general statutes and enrolled in 26
different political parties and who shall be selected from a list of five 27
recommendations by the Registrars of Voters Association of 28
Connecticut; (iii) two members who shall be registrars of voters and 29
enrolled in different political parties and who shall be selected from a 30
list of five recommendations by the Registrars of Voters Association of 31
Connecticut; (iv) two members who shall be town clerks and enrolled in 32
different political parties and who shall be selected from a list of five 33
recommendations by the Connecticut Town Clerks Association; and (v) 34
two members who shall be chief elected officials of municipalities and 35
enrolled in different political parties and who shall be selected from a 36
list of five recommendations by, jointly, the Connecticut Conference of 37
Municipalities and the Connecticut Council of Small Towns; and (F) one 38
member appointed by each of the four legislative leaders, as defined in 39
section 4-9d of the general statutes, who shall have expertise in election 40
administration or election law, provided appointments under 41
subparagraphs (E) and (F) of this subdivision shall be made so that no 42
single municipality is represented by more than one member. 43
(2) Members described in subparagraphs (E) and (F) of subdivision 44
(1) of this subsection shall serve for a term of four years and until a 45
successor is appointed, and initial appointment of such members shall 46
be made not later than August 1, 2024. Members described in said 47
subparagraphs shall recuse themselves from participating in any matter 48
in which a conflict exists or where the member is a representative of a 49 Raised Bill No. 441
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municipality subject to oversight of the board. The filling of any vacancy 50
shall be for the remainder of the applicable member's term. The 51
members of the board shall serve without compensation, but shall be 52
reimbursed for expenses incurred in the performance of their duties. 53
Sec. 2. (NEW) (Effective July 1, 2024) (a) (1) Whenever the Secretary of 54
the State or the State Elections Enforcement Commission is of the 55
opinion that a reasonable likelihood of irregularity or impropriety in the 56
administration of any election, primary or referendum in a municipality 57
exists, based on any formal or informal complaint received by the 58
Secretary or the commission, the Secretary or the commission, as 59
applicable, may refer such municipality to the Municipal Election 60
Accountability Board for a review hearing on such municipality's 61
procedures related to the conduct of any such election, primary or 62
referendum. Any such referral shall be accompanied by supporting 63
evidence, including, but not limited to, affidavits, written or electronic 64
correspondence and documented findings from an investigation. 65
(2) Whenever a judge of the Superior Court is of the opinion that a 66
reasonable likelihood of irregularity or impropriety in the 67
administration of any election, primary or referendum in a municipality 68
exists, based on a matter before such court involving such municipality's 69
alleged violation of any provision of title 9 of the general statutes, such 70
judge may refer such municipality to the Municipal Election 71
Accountability Board for a review hearing on such municipality's 72
procedures related to the conduct of any such election, primary or 73
referendum. Any such referral shall be accompanied by supporting 74
evidence, including, but not limited to, any record developed during a 75
judicial proceeding. 76
(b) Not later than ten days after a referral under subsection (a) of this 77
section, the Municipal Election Accountability Board shall hold a review 78
hearing described in said subsection for the purpose of presenting to a 79
referred municipality the evidence that accompanied such referral. At 80
such review hearing, the chief executive officer, the corporation counsel 81
or any other duly authorized representative of a referred municipality 82 Raised Bill No. 441
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shall have a right to respond to such evidence, including, but not limited 83
to, rebuttal of any fact alleged and confrontation of any witness. Not 84
later than five days after the review hearing, the board shall vote to 85
determine (1) whether to designate such referred municipality for 86
oversight by the board in accordance with the provisions of section 3 of 87
this act, (2) if such oversight is deemed necessary, the tier to which such 88
municipality shall be designated, and (3) if such oversight is deemed 89
necessary, the length of time such municipality shall be subject to such 90
oversight. In making the determination under subdivisions (1) to (3), 91
inclusive, of this subsection, the board shall consider: (A) The referred 92
municipality's response, if any, to such evidence, (B) the nature and 93
severity of the alleged irregularity or impropriety, including whether 94
any such irregularity or impropriety constitutes a violation of the 95
provisions of chapter 151 or 151a of the general statutes, and (C) the 96
frequency with which any such irregularity or impropriety appears to 97
occur in such referred municipality. The determination of the board 98
under this subsection may be appealed in accordance with the 99
provisions of chapter 54 of the general statutes. Any such appeal shall 100
be privileged with respect to assignment. 101
Sec. 3. (NEW) (Effective July 1, 2024) A referred municipality 102
designated as a: 103
(1) Tier I municipality shall be subject to oversight by the Municipal 104
Election Accountability Board consisting of (A) development by such 105
municipality of a plan to mitigate the concerns that warranted such 106
designation by the board, which shall be submitted to the board for 107
approval and modification as required by the board, (B) mandatory 108
training of election officials in election administration procedures 109
conducted by the office of the Secretary of the State or by a certified 110
moderator, town clerk or registrar of voters, or a combination thereof, 111
selected by the Secretary of the State, and (C) distribution of instruction 112
or training manuals or other resources for promoting best practices in 113
election administration. 114
(2) Tier II municipality shall be subject to oversight by the board 115 Raised Bill No. 441
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consisting of (A) development by such municipality of a plan to mitigate 116
the concerns that warranted such designation by the board, which shall 117
be submitted to the board for approval and modification as required by 118
the board, (B) mandatory training of election officials in election 119
administration procedures conducted by the office of the Secretary of 120
the State or by a certified moderator, town clerk or registrar of voters, or 121
a combination thereof, selected by the Secretary of the State, (C) 122
distribution of instruction or training manuals or other resources for 123
promoting best practices in election administration, and (D) regular 124
contact with the municipality to ensure (i) compliance with such 125
mitigation plan and timely achievement of the benchmarks set forth in 126
such mitigation plan, (ii) attendance of such election officials at such 127
mandatory training, and (iii) distribution of such manuals or resources. 128
(3) Tier III municipality shall be subject to oversight by the board 129
consisting of appointment of an election monitor (A) who shall be 130
authorized to (i) conduct inspections, inquiries and investigations 131
related to any duty or responsibility under title 9 of the general statutes 132
to be carried out by any official of such municipality or appointee of 133
such official, (ii) have access to all records, data and material maintained 134
by or available to any such official or appointee, and (iii) immediately 135
report to the Secretary of the State any irregularity or impropriety in the 136
performance of any duty or responsibility described in subparagraph 137
(A)(i) of this subdivision, and (B) who shall be provided, by such 138
municipality, with any office space, supplies, equipment and services 139
necessary to properly carry out such election monitor's duties and 140
responsibilities. 141
(4) Tier IV municipality shall be subject to oversight by the board 142
consisting of the complete administration by the board of any election, 143
primary or referendum in such municipality, and all procedures related 144
to the orderly conduct of any such election, primary or referendum, 145
notwithstanding the provisions of (A) titles 7 and 9 of the general 146
statutes, (B) any special act, and (C) any charter or home rule ordinance 147
adopted pursuant to chapter 99 of the general statutes. 148 Raised Bill No. 441
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Sec. 4. (NEW) (Effective July 1, 2024) Not later than January 1, 2025, 149
the Municipal Election Accountability Board shall adopt regulations, in 150
accordance with the provisions of chapter 54 of the general statutes, as 151
the board deems necessary to implement the provisions of sections 1 to 152
3, inclusive, of this act. 153
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 New section
Sec. 3 July 1, 2024 New section
Sec. 4 July 1, 2024 New section
Statement of Purpose:
To establish a Municipal Election Accountability Board and a process by
which said board may be authorized to exercise oversight of
municipalities in the administration of their elections, primaries and
referenda.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]