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General Assembly Substitute Bill No. 441
February Session, 2024
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 purposes 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, including chapter 151a of the 13
general statutes, or (2) preclude any person from seeking additional 14
remedies under said title, including said chapter. 15
(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) nine members appointed by the Secretary of the State, with 20
the advice and consent of the General Assembly, as follows: (i) One 21 Substitute Bill No. 441
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member who shall be admitted to the practice of law in this state and 22
has expertise in election administration; (ii) two members who shall be 23
moderators that are certified under section 9-229 of the general statutes 24
and enrolled in different political parties and who shall be selected from 25
a list of five recommendations by the Registrars of Voters Association of 26
Connecticut; (iii) two members who shall be registrars of voters and 27
enrolled in different political parties and who shall be selected from a 28
list of five recommendations by the Registrars of Voters Association of 29
Connecticut; (iv) two members who shall be town clerks and enrolled in 30
different political parties and who shall be selected from a list of five 31
recommendations by the Connecticut Town Clerks Association; and (v) 32
two members who shall be chief elected officials of municipalities and 33
enrolled in different political parties and who shall be selected from a 34
list of five recommendations by, jointly, the Connecticut Conference of 35
Municipalities and the Connecticut Council of Small Towns; and (D) one 36
member appointed by each of the four legislative leaders, as defined in 37
section 4-9d of the general statutes, who shall have expertise in election 38
administration or election law, provided appointments under 39
subparagraphs (C) and (D) of this subdivision shall be made so that no 40
single municipality is represented by more than one member. 41
(2) Members described in subparagraphs (C) and (D) of subdivision 42
(1) of this subsection shall serve for a term of four years and until a 43
successor is appointed, and initial appointments of such members shall 44
be made not later than August 1, 2024. Members described in said 45
subparagraphs shall recuse themselves from participating in any 46
proceeding of the board whenever a conflict exists due to such member 47
or the immediate family of such member being involved in any matter 48
before said board. The filling of any vacancy shall be for the remainder 49
of the applicable member's term. The members of the board shall serve 50
without compensation, but shall be reimbursed for expenses incurred in 51
the performance of their duties. For the purposes of this subdivision, 52
"immediate family" means a dependent relative who resides in the 53
member's household or any spouse, child, parent or sibling of the 54
member. 55 Substitute Bill No. 441
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Sec. 2. (NEW) (Effective July 1, 2024) (a) (1) Whenever the Secretary of 56
the State or the State Elections Enforcement Commission is of the 57
opinion that a reasonable likelihood of irregularity or impropriety in the 58
administration of any election, primary or referendum in a municipality 59
exists, based on any formal or informal complaint received by the 60
Secretary or the commission from an individual, the Secretary or the 61
commission, as applicable, may refer such municipality to the 62
Municipal Election Accountability Board for a review hearing on such 63
municipality's procedures related to the conduct of any such election, 64
primary or referendum. Any such referral shall be accompanied by 65
supporting evidence, including, but not limited to, affidavits, written or 66
electronic correspondence and documented findings from an 67
investigation. 68
(2) Whenever a judge of the Superior Court is of the opinion that a 69
reasonable likelihood of irregularity or impropriety in the 70
administration of any election, primary or referendum in a municipality 71
exists, based on a matter before such court involving such municipality's 72
alleged violation of any provision of title 9 of the general statutes, such 73
judge may refer such municipality to the Municipal Election 74
Accountability Board for a review hearing on such municipality's 75
procedures related to the conduct of any such election, primary or 76
referendum. Any such referral shall be accompanied by supporting 77
evidence, including, but not limited to, any record developed during a 78
judicial proceeding. 79
(3) (A) Whenever a municipal clerk, registrar of voters or moderator 80
observes any act or omission that may present an impediment to the 81
timely and orderly administration of any duty required of a 82
municipality under title 9 of the general statutes, or (B) whenever the 83
chief executive officer of a municipality, based on a review of such 84
municipality's practices, identifies any such practice that may present 85
such an impediment, such municipal clerk, registrar of voters, 86
moderator or chief executive officer, as applicable, may refer such 87
municipality to the Municipal Election Accountability Board for a 88
review hearing on such municipality's procedures related to the conduct 89 Substitute Bill No. 441
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of elections, primaries and referenda. Any such referral shall be 90
accompanied by supporting evidence, including, but not limited to, 91
affidavits, written or electronic correspondence, procedure manuals and 92
other guidance documents and logs of absentee ballot applications, 93
moderator's diaries or other contemporaneously-produced notes or 94
records. 95
(b) Immediately upon receipt of a referral under subsection (a) of this 96
section, the Municipal Election Accountability Board shall give notice of 97
such referral to the referred municipality. Not later than ten days after 98
receipt of such referral, the board shall hold a review hearing described 99
in said subsection for the purpose of presenting to such referred 100
municipality the evidence that accompanied such referral. Prior to such 101
review hearing, the referred municipality may submit to the board a 102
written response to such referral. At such review hearing, the chief 103
executive officer, the corporation counsel or any other duly authorized 104
representative of such referred municipality shall have a right to 105
respond to the evidence that accompanied such referral, including, but 106
not limited to, rebuttal of any fact alleged and confrontation of any 107
witness. Not later than five days after the review hearing, the board shall 108
vote to determine (1) whether to designate such referred municipality 109
for oversight by the board in accordance with the provisions of section 110
3 of this act, (2) if such oversight is deemed necessary, the tier to which 111
such municipality shall be designated, and (3) if such oversight is 112
deemed necessary, the length of time such municipality shall be subject 113
to such oversight. In making the determination under subdivisions (1) 114
to (3), inclusive, of this subsection, the board shall consider: (A) The 115
referred municipality's response, if any, to such evidence, (B) the nature 116
and severity of the alleged irregularity or impropriety, including 117
whether any such irregularity or impropriety constitutes a violation of 118
the provisions of chapter 151 or 151a of the general statutes, and (C) the 119
frequency with which any such irregularity or impropriety appears to 120
occur in such referred municipality. The determination of the board 121
under this subsection may be appealed in accordance with the 122
provisions of chapter 54 of the general statutes. Any such appeal shall 123 Substitute Bill No. 441
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be privileged with respect to assignment. 124
Sec. 3. (NEW) (Effective July 1, 2024) A referred municipality 125
designated as a: 126
(1) Tier I municipality shall be subject to oversight by the Municipal 127
Election Accountability Board consisting of (A) development by such 128
municipality of a plan to mitigate the concerns that warranted such 129
designation by the board, which shall be submitted to the board for 130
approval and modification as required by the board, (B) mandatory 131
training of election officials in election administration procedures 132
conducted by the office of the Secretary of the State or by a certified 133
moderator, town clerk or registrar of voters, or a combination thereof, 134
selected by the Secretary of the State, and (C) distribution of instruction 135
or training manuals or other resources for promoting best practices in 136
election administration. 137
(2) Tier II municipality shall be subject to oversight by the board 138
consisting of (A) development by such municipality of a plan to mitigate 139
the concerns that warranted such designation by the board, which shall 140
be submitted to the board for approval and modification as required by 141
the board, (B) mandatory training of election officials in election 142
administration procedures conducted by the office of the Secretary of 143
the State or by a certified moderator, town clerk or registrar of voters, or 144
a combination thereof, selected by the Secretary of the State, (C) 145
distribution of instruction or training manuals or other resources for 146
promoting best practices in election administration, and (D) regular 147
contact with the municipality to ensure (i) compliance with such 148
mitigation plan and timely achievement of the benchmarks set forth in 149
such mitigation plan, (ii) attendance of such election officials at such 150
mandatory training, and (iii) distribution of such manuals or resources. 151
(3) Tier III municipality shall be subject to oversight by the board 152
consisting of appointment of an election monitor (A) who shall be 153
authorized to (i) conduct inspections, inquiries and investigations 154
related to any duty or responsibility under title 9 of the general statutes 155 Substitute Bill No. 441
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to be carried out by any official of such municipality or appointee of 156
such official, (ii) have access to all records, data and material maintained 157
by or available to any such official or appointee, and (iii) immediately 158
report to the Secretary of the State any irregularity or impropriety in the 159
performance of any duty or responsibility described in subparagraph 160
(A)(i) of this subdivision, and (B) who shall be provided, by such 161
municipality, with any office space, supplies, equipment and services 162
necessary to properly carry out such election monitor's duties and 163
responsibilities. 164
(4) Tier IV municipality shall be subject to oversight by the board 165
consisting of the complete administration by the board of any election, 166
primary or referendum in such municipality, and all procedures related 167
to the orderly conduct of any such election, primary or referendum, 168
notwithstanding the provisions of (A) titles 7 and 9 of the general 169
statutes, (B) any special act, and (C) any charter or home rule ordinance 170
adopted pursuant to chapter 99 of the general statutes. 171
Sec. 4. (NEW) (Effective July 1, 2024) Not later than January 1, 2025, 172
the Municipal Election Accountability Board shall adopt regulations, in 173
accordance with the provisions of chapter 54 of the general statutes, as 174
the board deems necessary to implement the provisions of sections 1 to 175
3, inclusive, of this act. 176
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 Legislative Commissioners:
In Section 1(a), "and (2)" was changed to "or (2)" for clarity; and in
Section 2(b), "receipt of" was added for clarity in each of the first two
sentences.
Substitute Bill No. 441
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GAE Joint Favorable Subst.