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OLR Bill Analysis
sSB 441
AN ACT CONCERNING ELECTION ADMINISTRATION OVERSIGHT.
SUMMARY
This bill establishes a 15-person Municipal Election Accountability
Board to receive referrals of election administration violations from
certain state entities, courts, and election and municipal officials (e.g.,
early voting, absentee voting, and same-day election registration
violations). Further, the bill authorizes the board to (1) conduct review
hearings to determine if violations occurred and (2) if violations took
place, order varying oversight levels for election administration and
establish procedural safeguards, up to a full intervention.
The bill specifies the board is within the Secretary of the State’s office
for administrative purposes only and that it is not to be construed to
affect the State Election Enforcement Commission’s (SEEC) or the
secretary’s existing election oversight authority. Additionally, it does
not prevent anyone from seeking alternative remedies allowed by state
election law.
By January 1, 2025, the bill requires the board to adopt any
regulations it deems necessary to implement the bill’s provisions.
EFFECTIVE DATE: July 1, 2024
BOARD OPERATIONS
Board Membership
Under the bill, the board consists of 15 members. It includes the
secretary of the state and SEEC’s executive director, or their respective
designees, and 13 appointed members as shown in the table below. The
secretary of the state serves as the board’s chairperson. 2024SB-00441-R000483-BA.DOCX
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Table: Appointed Members
Appointing Authority Number Qualification
House speaker, senate
president pro tempore, and
house and senate minority
leaders
1 each
Election administration or election law
experience
Secretary of the state 9
• One admitted to practice law in the state
with election administration experience
• Two moderators from different political
parties and chosen from a list of five
people recommended by the Registrars
of Voters Association of Connecticut
(ROVAC)
• Two registrars of voters from different
political parties and chosen from a list of
five people recommended by ROVAC
• Two town clerks from different political
parties and chosen from a list of five
people recommended by the Connecticut
Town Clerks Association
• Two municipal chief elected officials of
different political parties and chosen from
a list of five people jointly recommended
by the Connecticut Conference of
Municipalities and the Connecticut
Council of Small Towns
Members appointed by the secretary of the state are subject to
legislative approval. Among all appointed members, a municipality
may only be represented once on the board.
The appointments are for four-year terms and until successors are
appointed. Initial appointments must be made by August 1, 2024. Any
vacancy will be filled for the original member’s remaining term.
Board Logistics
Under the bill, appointed members must recuse themselves from
participating in any board proceeding if they are, or an immediate
family member is, involved in a matter before the board (this appears to
disqualify a member from all board proceedings, including those with
which they have no conflict). Immediate family includes a spouse, child, 2024SB-00441-R000483-BA.DOCX
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parent, sibling, or dependent relative living in the member’s home.
The bill specifies that members are not compensated for serving on
the board, but can be reimbursed for expenses incurred in their duties.
REFERRAL TO THE BOAR D
Secretary of the State or SEEC
The bill allows the secretary of the state or SEEC to refer a
municipality to the board if either believes, based on any formal or
informal complaints they have received, that there is a reasonable
likelihood that irregularity or impropriety occurred in municipal
election administration (i.e., for an election, primary, or referendum).
They must provide any supporting evidence with the referral, including
any affidavits, written or electronic correspondence, and documented
findings from an investigation.
Superior Court
A superior court judge may also refer a municipality to the board
based on a complaint before the court about an alleged election violation
by the municipality. They may do so for the same reason that the
secretary of the state or SEEC can make the referral (i.e., reasonable
likelihood of irregularity or impropriety). The judge must provide any
supporting evidence with the referral, including any record developed
during a judicial proceeding.
Municipal Officers and Election Officials
A town clerk, registrar of voters, or moderator may refer a
municipality to the board if they observe an act or omission in a
municipality that may impede required election administration duties.
Similarly, a municipality’s chief executive officer (CEO) may do this
after a review of the municipality’s practices. The officer or official must
provide any supporting evidence, including affidavits, written or
electronic correspondence, procedure manuals and other guidance
documents, absentee ballot application logs, moderator’s diaries, and
other contemporaneously-produced notes or records.
BOARD REVIEW 2024SB-00441-R000483-BA.DOCX
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Under the bill, when a municipality is referred by one of the above
entities, the board must (1) notify the referred municipality and (2) hold
a review hearing within 10 days after the referral to present to the
municipality the evidence provided by the referring entity. Before the
hearing, the municipality must have the opportunity to submit a written
response to the board about the referral.
At the hearing, the municipality has the right to respond to the
evidence, including to rebut any fact alleged or confront witnesses. The
municipality may be represented by the municipal CEO, corporation
counsel, or any other authorized representative.
Within five days after the hearing, the board must vote on whether
to designate a municipality for oversight. In making its decision, the
board must consider (1) the municipality’s response to the evidence; (2)
the nature and severity of the alleged irregularities and improprieties,
including if an election crime or a violation of the state’s voting rights
act occurred; and (3) how often these irregularities and improprieties
appear to occur.
If oversight is approved, the board must determine the tier of
oversight to be applied (see below) and how long the municipality will
be subject to oversight. (The bill does not specify voting procedures or
what voting threshold is required to take action.) The board’s
determination may be appealed under the Uniform Administrative
Procedures Act and is privileged for assignment.
OVERSIGHT TIERS
The bill establishes four tiers of oversight that the board may
implement. Low-numbered tiers generally warrant less oversight while
high-numbered tiers warrant more.
Tiers I & II
Tier I oversight consists of the following:
1. developing and submitting a plan to mitigate the board’s
concerns, subject to any modifications and approval of the board; 2024SB-00441-R000483-BA.DOCX
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2. mandatory training for election officials in election
administration procedures conducted by (a) the secretary of the
state; (b) moderators, town clerks, or registrars selected by her; or
(c) a combination of both; and
3. distribution of instruction or training manuals or other resources
to educate on election administration best practices.
Tier II oversight consists of all measures for Tier I, plus regular board
contact with the municipality to ensure compliance.
Tier III
Under Tier III oversight, the municipality is subject to a board-
appointed election monitor who is authorized to conduct inspections,
inquiries, and investigations related to election administration duties
and responsibilities performed by municipal officials and their
appointees. The bill requires a monitor to immediately report any
irregularity or impropriety discovered in these efforts to the secretary.
To carry out these duties, the bill requires that the monitor have access
to any records, data, and material maintained or available to the officials
or appointees.
Further, the municipality must give the monitor any office space,
supplies, equipment, and services necessary to perform these
responsibilities.
Tier IV
Tier IV oversight consists of complete board administration of any
election, primary, or referendum in the municipality and related
procedures, regardless of any other provision of state municipal or
election laws, any special act, or any charter or home rule ordinance.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 14 Nay 5 (03/26/2024)