75 | 88 | | section for a particular office produces an outcome of 52 |
---|
76 | 89 | | "INCONCLUSIVE", the Secretary of the State shall order a manual 53 |
---|
77 | 90 | | recount of all ballots cast for such office. 54 |
---|
78 | 91 | | (f) If the written report submitted by The University of Connecticut 55 |
---|
79 | 92 | | under subsection (d) of this section indicates that a voting tabulator 56 |
---|
80 | 93 | | failed to record votes accurately and in the manner provided by title 9 57 |
---|
81 | 94 | | of the general statutes, the Secretary of the State shall require that the 58 |
---|
82 | 95 | | voting tabulator be examined and recertified by the Secretary or the 59 |
---|
83 | 96 | | Secretary's designee. Nothing in this subsection shall be construed to 60 |
---|
84 | 97 | | prohibit the Secretary from requiring that a voting tabulator be 61 |
---|
85 | 98 | | examined and recertified. 62 |
---|
86 | 99 | | (g) The audit results reported to the Secretary of the State pursuant to 63 |
---|
87 | 100 | | subsection (d) of this section shall be open to public inspection and may 64 |
---|
88 | 101 | | be used as prima facie evidence of an irregularity in any contest arising 65 |
---|
89 | 102 | | pursuant to chapter 149 of the general statutes or for any other cause of 66 |
---|
90 | 103 | | action arising from such election. 67 |
---|
91 | 104 | | (h) If the audit officials are unable to reconcile the results from an 68 |
---|
92 | 105 | | audit described in subsection (a) of this section with the outcome of the 69 |
---|
93 | 106 | | person declared elected by virtue of having received the greatest 70 |
---|
94 | 107 | | number of votes, as determined by the paper ballots, the Secretary of the 71 |
---|
95 | 108 | | State shall conduct such further investigation of the voting tabulator as 72 |
---|
96 | 109 | | may be necessary for the purpose of reviewing whether or not to 73 |
---|
97 | 110 | | decertify the voting tabulator or tabulators in question or to order the 74 |
---|
98 | 111 | | voting tabulator to be examined and recertified in accordance with 75 |
---|
99 | 112 | | subsection (f) of this section. Any report produced by the Secretary as a 76 |
---|
111 | 126 | | preserved and returned in their designated receptacle in accordance 84 |
---|
112 | 127 | | with the requirements of section 9-266 or 9-310 of the general statutes, 85 |
---|
113 | 128 | | as applicable. 86 |
---|
114 | 129 | | (j) Nothing in this section shall be construed to preclude any 87 |
---|
115 | 130 | | candidate or elector from seeking additional remedies pursuant to 88 |
---|
116 | 131 | | chapter 149 of the general statutes. 89 |
---|
117 | 132 | | (k) After a state election, any voting tabulator may be kept locked for 90 |
---|
118 | 133 | | a period longer than that prescribed by sections 9-266, 9-310 and 9-447 91 |
---|
119 | 134 | | of the general statutes, if such an extended period is ordered by a court 92 |
---|
120 | 135 | | of competent jurisdiction, the Secretary of the State or the State Elections 93 |
---|
121 | 136 | | Enforcement Commission. Such court or the Secretary of the State may 94 |
---|
122 | 137 | | order an audit of such voting tabulator to be conducted by such persons 95 |
---|
123 | 138 | | as the court or the Secretary may designate, provided the State Elections 96 |
---|
124 | 139 | | Enforcement Commission may order such an audit where the particular 97 |
---|
125 | 140 | | office in question is that of the Secretary of the State. If the machine 98 |
---|
126 | 141 | | utilized in such election is an optical scan voting system, such order to 99 |
---|
127 | 142 | | lock such machine shall include the tabulator, memory card and all 100 |
---|
128 | 143 | | other components and processes utilized in the programming of such 101 |
---|
129 | 144 | | machine. 102 |
---|
130 | 145 | | (l) The Secretary of the State may adopt regulations, in accordance 103 |
---|
131 | 146 | | with the provisions of chapter 54 of the general statutes, for the conduct 104 |
---|
132 | 147 | | of risk-limiting audits described in subsection (a) of this section and to 105 |
---|
133 | 148 | | establish guidelines for expanded audits when the results from such a 106 |
---|
134 | 149 | | risk-limiting audit cannot be reconciled with the outcome of the person 107 |
---|
146 | 163 | | (1) "Risk-limiting audit" means a publicly verifiable auditing 115 |
---|
147 | 164 | | procedure that (A) manually examines a statistical sample of paper 116 |
---|
148 | 165 | | ballots that reflect the intents of the voters having cast such ballots, (B) 117 |
---|
149 | 166 | | produces an outcome of either "ACCEPTABLE" or "INCONCLUSIVE", 118 |
---|
150 | 167 | | and (C) guarantees a specified risk limit; 119 |
---|
151 | 168 | | (2) "Risk limit" means the maximum probability that an audit would 120 |
---|
152 | 169 | | produce an outcome of "ACCEPTABLE" when there is a disagreement 121 |
---|
153 | 170 | | between the person declared elected and the person who received the 122 |
---|
154 | 171 | | greatest number of votes as determined by the paper ballots; and 123 |
---|
155 | 172 | | (3) "State election" has the same meaning as provided in section 9-1 124 |
---|
156 | 173 | | of the general statutes. 125 |
---|
157 | 174 | | Sec. 2. Section 9-320f of the general statutes is repealed and the 126 |
---|
158 | 175 | | following is substituted in lieu thereof (Effective January 1, 2026): 127 |
---|
159 | 176 | | (a) (1) Not earlier than the fifteenth day after any federal or state 128 |
---|
160 | 177 | | [election or] primary and not later than two business days before the 129 |
---|
161 | 178 | | canvass of votes by the Secretary of the State, Treasurer and 130 |
---|
162 | 179 | | Comptroller, and (2) not earlier than the fifth day after any municipal 131 |
---|
163 | 180 | | election or primary and not later than two business days before the 132 |
---|
164 | 181 | | canvass of votes by the town clerk, the registrars of voters shall conduct 133 |
---|
165 | 182 | | a manual audit, or an electronic audit authorized under section 9-320g, 134 |
---|
166 | 183 | | as amended by this act, of the votes recorded in not less than five per 135 |
---|
167 | 184 | | cent of the voting districts in the state, district or municipality, 136 |
---|
182 | 201 | | of this section shall be selected in a random drawing by the Secretary of 147 |
---|
183 | 202 | | the State and such selection process shall be open to the public. The 148 |
---|
184 | 203 | | offices subject to an audit pursuant to this section shall be, (1) [in the 149 |
---|
185 | 204 | | case of an election where the office of presidential elector is on the ballot, 150 |
---|
186 | 205 | | all offices required to be audited by federal law, plus one additional 151 |
---|
187 | 206 | | office selected in a random drawing by the Secretary of the State, but in 152 |
---|
188 | 207 | | no case less than three offices, (2) in the case of an election where the 153 |
---|
189 | 208 | | office of Governor is on the ballot, all offices required to be audited by 154 |
---|
190 | 209 | | federal law, plus one additional office selected in a random drawing by 155 |
---|
191 | 210 | | the Secretary of the State, but in no case less than three offices, (3)] in the 156 |
---|
192 | 211 | | case of a municipal election, three offices or twenty per cent of the 157 |
---|
193 | 212 | | number of offices on the ballot, whichever is greater, selected at random 158 |
---|
194 | 213 | | by the municipal clerk, and [(4)] (2) in the case of a primary, [election,] 159 |
---|
195 | 214 | | all offices required to be audited by federal law, plus one additional 160 |
---|
196 | 215 | | office, if any, but in no event less than twenty per cent of the offices on 161 |
---|
197 | 216 | | the ballot, selected in a random drawing by the municipal clerk. 162 |
---|
198 | 217 | | (c) If a selected voting district has an office that is subject to recanvass 163 |
---|
199 | 218 | | or an election or primary contest pursuant to any provision of the 164 |
---|
200 | 219 | | general statutes, the Secretary of the State shall select an alternative 165 |
---|
201 | 220 | | district, pursuant to the process described in subsection (b) of this 166 |
---|
202 | 221 | | section. 167 |
---|
203 | 222 | | (d) The manual or electronic audit described in subsection (a) of this 168 |
---|
220 | 241 | | with the Secretary, [of the State] who shall immediately forward such 181 |
---|
221 | 242 | | [report] reported results to The University of Connecticut for analysis. 182 |
---|
222 | 243 | | The University of Connecticut shall [file] submit to the Secretary a 183 |
---|
223 | 244 | | written report [with the Secretary of the State] regarding such analysis 184 |
---|
224 | 245 | | that describes any discrepancies identified. After receipt of such written 185 |
---|
225 | 246 | | report, the Secretary [of the State shall file such report with] shall 186 |
---|
226 | 247 | | transmit a copy of such written report to the State Elections Enforcement 187 |
---|
227 | 248 | | Commission. 188 |
---|
228 | 249 | | (e) For the purposes of this section, a ballot that has not been properly 189 |
---|
229 | 250 | | completed will be deemed to be a ballot on which (1) votes have been 190 |
---|
230 | 251 | | marked by the voter outside the vote targets, (2) votes have been marked 191 |
---|
231 | 252 | | by the voter using a manual marking device that cannot be read by the 192 |
---|
232 | 253 | | voting tabulator, or (3) in the judgment of the registrars of voters, the 193 |
---|
233 | 254 | | voter marked the ballot in such a manner that the voting tabulator may 194 |
---|
234 | 255 | | not have read the marks as votes cast. 195 |
---|
235 | 256 | | (f) Notwithstanding the provisions of section 9-311, the Secretary of 196 |
---|
236 | 257 | | the State shall order a discrepancy recanvass of the returns of an election 197 |
---|
237 | 258 | | or primary for any office if a discrepancy, as defined in subsection (o) of 198 |
---|
238 | 259 | | this section, exists where the margin of victory in the race for such office 199 |
---|
239 | 260 | | is less than the amount of the discrepancy multiplied by the total 200 |
---|
240 | 261 | | number of voting districts where such race appeared on the ballot, 201 |
---|
257 | 280 | | subsection shall be construed to prohibit the Secretary [of the State] from 214 |
---|
258 | 281 | | requiring that a voting tabulator be examined and recertified. 215 |
---|
259 | 282 | | (h) The audit [report filed] results reported to the Secretary of the 216 |
---|
260 | 283 | | State pursuant to subsection (d) of this section shall be open to public 217 |
---|
261 | 284 | | inspection and may be used as prima facie evidence of a discrepancy in 218 |
---|
262 | 285 | | any contest arising pursuant to chapter 149 or for any other cause of 219 |
---|
263 | 286 | | action arising from such election or primary. 220 |
---|
264 | 287 | | (i) If the audit officials are unable to reconcile the manual or electronic 221 |
---|
265 | 288 | | count from an audit described in subsection (a) of this section with the 222 |
---|
266 | 289 | | electronic vote tabulation and discrepancies from the election or 223 |
---|
267 | 290 | | primary, the Secretary of the State shall conduct such further 224 |
---|
268 | 291 | | investigation of the voting tabulator malfunction as may be necessary 225 |
---|
269 | 292 | | for the purpose of reviewing whether or not to decertify the voting 226 |
---|
270 | 293 | | tabulator or tabulators in question or to order the voting tabulator to be 227 |
---|
271 | 294 | | examined and recertified [pursuant to] in accordance with subsection 228 |
---|
272 | 295 | | (g) of this section. Any report produced by the Secretary [of the State] as 229 |
---|
273 | 296 | | a result of such investigation shall be filed with the State Elections 230 |
---|
274 | 297 | | Enforcement Commission and the commission may initiate such further 231 |
---|
275 | 298 | | investigation in accordance with subdivision (1) of subsection (a) of 232 |
---|
276 | 299 | | section 9-7b as may be required to determine if any violations of the 233 |
---|
293 | 318 | | the Secretary of the State or the State Elections Enforcement 246 |
---|
294 | 319 | | Commission. [Either the] Such court or the Secretary [of the State] may 247 |
---|
295 | 320 | | order an audit of such voting tabulator to be conducted by such persons 248 |
---|
296 | 321 | | as the court or the Secretary of the State may designate, provided the 249 |
---|
297 | 322 | | State Elections Enforcement Commission may order such an audit 250 |
---|
298 | 323 | | under the circumstances prescribed in subsection (f) of this section. If 251 |
---|
299 | 324 | | the machine utilized in such election or primary is an optical scan voting 252 |
---|
300 | 325 | | system, such order to lock such machine shall include the tabulator, 253 |
---|
301 | 326 | | memory card and all other components and processes utilized in the 254 |
---|
302 | 327 | | programming of such machine. 255 |
---|
303 | 328 | | (m) The Secretary of the State may adopt regulations, in accordance 256 |
---|
304 | 329 | | with the provisions of chapter 54, [as may be necessary] for the conduct 257 |
---|
305 | 330 | | of the manual or electronic tabulation of the paper ballots described in 258 |
---|
306 | 331 | | subsection (a) of this section and to establish guidelines for expanded 259 |
---|
307 | 332 | | audits when there are differences between the manual or electronic 260 |
---|
308 | 333 | | counts from the audit described in subsection (a) of this section and 261 |
---|
309 | 334 | | tabulator counts from the election or primary. 262 |
---|
310 | 335 | | (n) Notwithstanding any provision of the general statutes, the 263 |
---|
311 | 336 | | Secretary of the State shall have access to the code in any voting machine 264 |
---|
344 | | - | (2) The absentee ballot counters, and the ballot counters for early 293 |
---|
345 | | - | voting ballots and same-day election registration ballots, in each central 294 |
---|
346 | | - | counting location shall create a ballot manifest for such central counting 295 |
---|
347 | | - | location by manually verifying the number of ballots cast that comprise 296 |
---|
348 | | - | the result publicly declared by the moderator under subsection (b) of 297 |
---|
349 | | - | section 9-150b of the general statutes and recording such number on 298 |
---|
350 | | - | such ballot manifest, in accordance with procedures prescribed by the 299 |
---|
351 | | - | Secretary of the State. 300 |
---|
352 | | - | (b) Not later than twenty-four hours after the completion of any 301 |
---|
353 | | - | recanvass conducted at a state election in a voting district, the recanvass 302 |
---|
354 | | - | officials shall create a ballot manifest for such district by manually 303 |
---|
355 | | - | verifying the number of ballots cast that comprise the vote announced 304 |
---|
356 | | - | by the moderator under subdivision (1) of subsection (c) of section 9-311 305 |
---|
357 | | - | of the general statutes and recording such number on such ballot 306 |
---|
358 | | - | manifest, in accordance with procedures prescribed by the Secretary of 307 |
---|
359 | | - | the State. 308 Substitute Bill No. 1232 |
---|
| 371 | + | (2) The absentee ballot counters in each central counting location shall 293 |
---|
| 372 | + | Raised Bill No. 1232 |
---|
364 | | - | (c) All ballot manifest creation procedures shall be open to public 309 |
---|
365 | | - | observation. 310 |
---|
366 | | - | (d) Immediately after a ballot manifest has been created pursuant to 311 |
---|
367 | | - | this section, the moderator shall submit such ballot manifest to the 312 |
---|
368 | | - | registrars of voters. 313 |
---|
369 | | - | (e) The Secretary of the State may adopt regulations, in accordance 314 |
---|
370 | | - | with the provisions of chapter 54 of the general statutes, to carry out the 315 |
---|
371 | | - | purposes of this section. 316 |
---|
372 | | - | Sec. 4. Section 9-323 of the general statutes is repealed and the 317 |
---|
373 | | - | following is substituted in lieu thereof (Effective January 1, 2026): 318 |
---|
374 | | - | Any elector or candidate who claims that he or she is aggrieved by 319 |
---|
375 | | - | any ruling of any election official in connection with any election for 320 |
---|
376 | | - | presidential electors and for a senator in Congress and for 321 |
---|
377 | | - | representative in Congress or any of them, held in his or her town, or 322 |
---|
378 | | - | that there was a mistake in the count of the votes cast at such election 323 |
---|
379 | | - | for candidates for such electors, senator in Congress and representative 324 |
---|
380 | | - | in Congress, or any of them, at any voting district in his or her town, or 325 |
---|
381 | | - | any candidate for such an office who claims that he or she is aggrieved 326 |
---|
382 | | - | by a violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 327 |
---|
383 | | - | 9-364, 9-364a or 9-365 in the casting of absentee ballots at such election, 328 |
---|
384 | | - | may bring his or her complaint to any judge of the Supreme Court, in 329 |
---|
385 | | - | which he or she shall set out the claimed errors of such election official, 330 |
---|
386 | | - | the claimed errors in the count or the claimed violations of said sections. 331 |
---|
387 | | - | In any action brought pursuant to the provisions of this section, the 332 |
---|
388 | | - | complainant shall file a certification attached to the complaint indicating 333 |
---|
389 | | - | that a copy of the complaint has been sent by first-class mail or delivered 334 |
---|
390 | | - | to the State Elections Enforcement Commission. If such complaint is 335 |
---|
391 | | - | made prior to such election, such judge shall proceed expeditiously to 336 |
---|
392 | | - | render judgment on the complaint and shall cause notice of the hearing 337 |
---|
393 | | - | to be given to the Secretary of the State and the State Elections 338 |
---|
394 | | - | Enforcement Commission. If such complaint is made subsequent to the 339 |
---|
395 | | - | election, it shall be brought not later than fourteen days after the election 340 Substitute Bill No. 1232 |
---|
| 376 | + | LCO No. 3949 11 of 20 |
---|
| 377 | + | |
---|
| 378 | + | create a ballot manifest for such central counting location by manually 294 |
---|
| 379 | + | verifying the number of ballots cast that comprise the result publicly 295 |
---|
| 380 | + | declared by the moderator under subsection (b) of section 9-150b of the 296 |
---|
| 381 | + | general statutes and recording such number on such ballot manifest, in 297 |
---|
| 382 | + | accordance with procedures prescribed by the Secretary of the State. 298 |
---|
| 383 | + | (b) Not later than twenty-four hours after the completion of any 299 |
---|
| 384 | + | recanvass conducted at a state election in a voting district, the recanvass 300 |
---|
| 385 | + | officials shall create a ballot manifest for such district by manually 301 |
---|
| 386 | + | verifying the number of ballots cast that comprise the vote announced 302 |
---|
| 387 | + | by the moderator under subdivision (1) of subsection (c) of section 9-311 303 |
---|
| 388 | + | of the general statutes and recording such number on such ballot 304 |
---|
| 389 | + | manifest, in accordance with procedures prescribed by the Secretary of 305 |
---|
| 390 | + | the State. 306 |
---|
| 391 | + | (c) All ballot manifest creation procedures shall be open to public 307 |
---|
| 392 | + | observation. 308 |
---|
| 393 | + | (d) Immediately after a ballot manifest has been created pursuant to 309 |
---|
| 394 | + | this section, the moderator shall submit such ballot manifest to the 310 |
---|
| 395 | + | registrars of voters. 311 |
---|
| 396 | + | Sec. 4. Section 9-323 of the general statutes is repealed and the 312 |
---|
| 397 | + | following is substituted in lieu thereof (Effective January 1, 2026): 313 |
---|
| 398 | + | Any elector or candidate who claims that he or she is aggrieved by 314 |
---|
| 399 | + | any ruling of any election official in connection with any election for 315 |
---|
| 400 | + | presidential electors and for a senator in Congress and for 316 |
---|
| 401 | + | representative in Congress or any of them, held in his or her town, or 317 |
---|
| 402 | + | that there was a mistake in the count of the votes cast at such election 318 |
---|
| 403 | + | for candidates for such electors, senator in Congress and representative 319 |
---|
| 404 | + | in Congress, or any of them, at any voting district in his or her town, or 320 |
---|
| 405 | + | any candidate for such an office who claims that he or she is aggrieved 321 |
---|
| 406 | + | by a violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 322 |
---|
| 407 | + | 9-364, 9-364a or 9-365 in the casting of absentee ballots at such election, 323 |
---|
| 408 | + | may bring his or her complaint to any judge of the Supreme Court, in 324 |
---|
| 409 | + | Raised Bill No. 1232 |
---|
400 | | - | or, if such complaint is brought in response to [the manual tabulation of 341 |
---|
401 | | - | paper ballots authorized] an audit conducted pursuant to section 9-320f, 342 |
---|
402 | | - | as amended by this act, or section 1 of this act, such complaint shall be 343 |
---|
403 | | - | brought not later than seven days after the close of any such [manual 344 |
---|
404 | | - | tabulation] audit, and in either such circumstance, the judge shall 345 |
---|
405 | | - | forthwith order a hearing to be had upon such complaint, upon a day 346 |
---|
406 | | - | not more than five or less than three days from the making of such order, 347 |
---|
407 | | - | and shall cause notice of not less than three or more than five days to be 348 |
---|
408 | | - | given to any candidate or candidates whose election may be affected by 349 |
---|
409 | | - | the decision upon such hearing, to such election official, to the Secretary 350 |
---|
410 | | - | of the State, to the State Elections Enforcement Commission and to any 351 |
---|
411 | | - | other party or parties whom such judge deems proper parties thereto, 352 |
---|
412 | | - | of the time and place for the hearing upon such complaint. Such judge, 353 |
---|
413 | | - | with two other judges of the Supreme Court to be designated by the 354 |
---|
414 | | - | Chief Court Administrator, shall, on the day fixed for such hearing and 355 |
---|
415 | | - | without unnecessary delay, proceed to hear the parties. If sufficient 356 |
---|
416 | | - | reason is shown, such judges may order any voting tabulators to be 357 |
---|
417 | | - | unlocked or any ballot boxes to be opened and a recount of the votes 358 |
---|
418 | | - | cast, including absentee ballots, to be made. Such judges shall 359 |
---|
419 | | - | thereupon, in the case they, or any two of them, find any error in the 360 |
---|
420 | | - | rulings of the election official, any mistake in the count of such votes or 361 |
---|
421 | | - | any violation of said sections, certify the result of their finding or 362 |
---|
422 | | - | decision, or the finding or decision of a majority of them, to the Secretary 363 |
---|
423 | | - | of the State before the first Tuesday after the second Wednesday in 364 |
---|
424 | | - | December. Such judges may order a new election or a change in the 365 |
---|
425 | | - | existing election schedule, provided such order complies with Section 366 |
---|
426 | | - | 302 of the Help America Vote Act, P.L. 107-252, as amended from time 367 |
---|
427 | | - | to time. Such certificate of such judges, or a majority of them, shall be 368 |
---|
428 | | - | final upon all questions relating to the rulings of such election officials, 369 |
---|
429 | | - | to the correctness of such count and, for the purposes of this section 370 |
---|
430 | | - | only, such claimed violations, and shall operate to correct the returns of 371 |
---|
431 | | - | the moderators or presiding officers so as to conform to such finding or 372 |
---|
432 | | - | decision. 373 |
---|
433 | | - | Sec. 5. Section 9-324 of the general statutes is repealed and the 374 Substitute Bill No. 1232 |
---|
| 413 | + | LCO No. 3949 12 of 20 |
---|
| 414 | + | |
---|
| 415 | + | which he or she shall set out the claimed errors of such election official, 325 |
---|
| 416 | + | the claimed errors in the count or the claimed violations of said sections. 326 |
---|
| 417 | + | In any action brought pursuant to the provisions of this section, the 327 |
---|
| 418 | + | complainant shall file a certification attached to the complaint indicating 328 |
---|
| 419 | + | that a copy of the complaint has been sent by first-class mail or delivered 329 |
---|
| 420 | + | to the State Elections Enforcement Commission. If such complaint is 330 |
---|
| 421 | + | made prior to such election, such judge shall proceed expeditiously to 331 |
---|
| 422 | + | render judgment on the complaint and shall cause notice of the hearing 332 |
---|
| 423 | + | to be given to the Secretary of the State and the State Elections 333 |
---|
| 424 | + | Enforcement Commission. If such complaint is made subsequent to the 334 |
---|
| 425 | + | election, it shall be brought not later than fourteen days after the election 335 |
---|
| 426 | + | or, if such complaint is brought in response to [the manual tabulation of 336 |
---|
| 427 | + | paper ballots authorized] an audit conducted pursuant to section 9-320f, 337 |
---|
| 428 | + | as amended by this act, or section 1 of this act, such complaint shall be 338 |
---|
| 429 | + | brought not later than seven days after the close of any such [manual 339 |
---|
| 430 | + | tabulation] audit, and in either such circumstance, the judge shall 340 |
---|
| 431 | + | forthwith order a hearing to be had upon such complaint, upon a day 341 |
---|
| 432 | + | not more than five or less than three days from the making of such order, 342 |
---|
| 433 | + | and shall cause notice of not less than three or more than five days to be 343 |
---|
| 434 | + | given to any candidate or candidates whose election may be affected by 344 |
---|
| 435 | + | the decision upon such hearing, to such election official, to the Secretary 345 |
---|
| 436 | + | of the State, to the State Elections Enforcement Commission and to any 346 |
---|
| 437 | + | other party or parties whom such judge deems proper parties thereto, 347 |
---|
| 438 | + | of the time and place for the hearing upon such complaint. Such judge, 348 |
---|
| 439 | + | with two other judges of the Supreme Court to be designated by the 349 |
---|
| 440 | + | Chief Court Administrator, shall, on the day fixed for such hearing and 350 |
---|
| 441 | + | without unnecessary delay, proceed to hear the parties. If sufficient 351 |
---|
| 442 | + | reason is shown, such judges may order any voting tabulators to be 352 |
---|
| 443 | + | unlocked or any ballot boxes to be opened and a recount of the votes 353 |
---|
| 444 | + | cast, including absentee ballots, to be made. Such judges shall 354 |
---|
| 445 | + | thereupon, in the case they, or any two of them, find any error in the 355 |
---|
| 446 | + | rulings of the election official, any mistake in the count of such votes or 356 |
---|
| 447 | + | any violation of said sections, certify the result of their finding or 357 |
---|
| 448 | + | decision, or the finding or decision of a majority of them, to the Secretary 358 |
---|
| 449 | + | Raised Bill No. 1232 |
---|
438 | | - | following is substituted in lieu thereof (Effective January 1, 2026): 375 |
---|
439 | | - | Any elector or candidate who claims that such elector or candidate is 376 |
---|
440 | | - | aggrieved by any ruling of any election official in connection with any 377 |
---|
441 | | - | election for Governor, Lieutenant Governor, Secretary of the State, State 378 |
---|
442 | | - | Treasurer, Attorney General, State Comptroller or judge of probate, held 379 |
---|
443 | | - | in such elector's or candidate's town, or that there has been a mistake in 380 |
---|
444 | | - | the count of the votes cast at such election for candidates for said offices 381 |
---|
445 | | - | or any of them, at any voting district in such elector's or candidate's 382 |
---|
446 | | - | town, or any candidate for such an office who claims that such candidate 383 |
---|
447 | | - | is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-384 |
---|
448 | | - | 361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 385 |
---|
449 | | - | such election or any candidate for the office of Governor, Lieutenant 386 |
---|
450 | | - | Governor, Secretary of the State, State Treasurer, Attorney General or 387 |
---|
451 | | - | State Comptroller, who claims that such candidate is aggrieved by a 388 |
---|
452 | | - | violation of any provision of sections 9-700 to 9-716, inclusive, may bring 389 |
---|
453 | | - | such elector's or candidate's complaint to any judge of the Superior 390 |
---|
454 | | - | Court, in which such elector or candidate shall set out the claimed errors 391 |
---|
455 | | - | of such election official, the claimed errors in the count or the claimed 392 |
---|
456 | | - | violations of said sections. In any action brought pursuant to the 393 |
---|
457 | | - | provisions of this section, the complainant shall send a copy of the 394 |
---|
458 | | - | complaint by first-class mail, or deliver a copy of the complaint by hand, 395 |
---|
459 | | - | to the State Elections Enforcement Commission. If such complaint is 396 |
---|
460 | | - | made prior to such election, such judge shall proceed expeditiously to 397 |
---|
461 | | - | render judgment on the complaint and shall cause notice of the hearing 398 |
---|
462 | | - | to be given to the Secretary of the State and the State Elections 399 |
---|
463 | | - | Enforcement Commission. If such complaint is made subsequent to the 400 |
---|
464 | | - | election, it shall be brought not later than fourteen days after the election 401 |
---|
465 | | - | or, if such complaint is brought in response to [the manual tabulation of 402 |
---|
466 | | - | paper ballots authorized] an audit conducted pursuant to section 9-320f, 403 |
---|
467 | | - | as amended by this act, or section 1 of this act, such complaint shall be 404 |
---|
468 | | - | brought not later than seven days after the close of any such [manual 405 |
---|
469 | | - | tabulation] audit and, in either such circumstance, such judge shall 406 |
---|
470 | | - | forthwith order a hearing to be had upon such complaint, upon a day 407 |
---|
471 | | - | not more than five nor less than three days from the making of such 408 Substitute Bill No. 1232 |
---|
| 453 | + | LCO No. 3949 13 of 20 |
---|
| 454 | + | |
---|
| 455 | + | of the State before the first Tuesday after the second Wednesday in 359 |
---|
| 456 | + | December. Such judges may order a new election or a change in the 360 |
---|
| 457 | + | existing election schedule, provided such order complies with Section 361 |
---|
| 458 | + | 302 of the Help America Vote Act, P.L. 107-252, as amended from time 362 |
---|
| 459 | + | to time. Such certificate of such judges, or a majority of them, shall be 363 |
---|
| 460 | + | final upon all questions relating to the rulings of such election officials, 364 |
---|
| 461 | + | to the correctness of such count and, for the purposes of this section 365 |
---|
| 462 | + | only, such claimed violations, and shall operate to correct the returns of 366 |
---|
| 463 | + | the moderators or presiding officers so as to conform to such finding or 367 |
---|
| 464 | + | decision. 368 |
---|
| 465 | + | Sec. 5. Section 9-324 of the general statutes is repealed and the 369 |
---|
| 466 | + | following is substituted in lieu thereof (Effective January 1, 2026): 370 |
---|
| 467 | + | Any elector or candidate who claims that such elector or candidate is 371 |
---|
| 468 | + | aggrieved by any ruling of any election official in connection with any 372 |
---|
| 469 | + | election for Governor, Lieutenant Governor, Secretary of the State, State 373 |
---|
| 470 | + | Treasurer, Attorney General, State Comptroller or judge of probate, held 374 |
---|
| 471 | + | in such elector's or candidate's town, or that there has been a mistake in 375 |
---|
| 472 | + | the count of the votes cast at such election for candidates for said offices 376 |
---|
| 473 | + | or any of them, at any voting district in such elector's or candidate's 377 |
---|
| 474 | + | town, or any candidate for such an office who claims that such candidate 378 |
---|
| 475 | + | is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-379 |
---|
| 476 | + | 361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 380 |
---|
| 477 | + | such election or any candidate for the office of Governor, Lieutenant 381 |
---|
| 478 | + | Governor, Secretary of the State, State Treasurer, Attorney General or 382 |
---|
| 479 | + | State Comptroller, who claims that such candidate is aggrieved by a 383 |
---|
| 480 | + | violation of any provision of sections 9-700 to 9-716, inclusive, may bring 384 |
---|
| 481 | + | such elector's or candidate's complaint to any judge of the Superior 385 |
---|
| 482 | + | Court, in which such elector or candidate shall set out the claimed errors 386 |
---|
| 483 | + | of such election official, the claimed errors in the count or the claimed 387 |
---|
| 484 | + | violations of said sections. In any action brought pursuant to the 388 |
---|
| 485 | + | provisions of this section, the complainant shall send a copy of the 389 |
---|
| 486 | + | complaint by first-class mail, or deliver a copy of the complaint by hand, 390 |
---|
| 487 | + | to the State Elections Enforcement Commission. If such complaint is 391 |
---|
| 488 | + | Raised Bill No. 1232 |
---|
476 | | - | order, and shall cause notice of not less than three nor more than five 409 |
---|
477 | | - | days to be given to any candidate or candidates whose election may be 410 |
---|
478 | | - | affected by the decision upon such hearing, to such election official, the 411 |
---|
479 | | - | Secretary of the State, the State Elections Enforcement Commission and 412 |
---|
480 | | - | to any other party or parties whom such judge deems proper parties 413 |
---|
481 | | - | thereto, of the time and place for the hearing upon such complaint. Such 414 |
---|
482 | | - | judge shall, on the day fixed for such hearing and without unnecessary 415 |
---|
483 | | - | delay, proceed to hear the parties. If sufficient reason is shown, such 416 |
---|
484 | | - | judge may order any voting tabulators to be unlocked or any ballot 417 |
---|
485 | | - | boxes to be opened and a recount of the votes cast, including absentee 418 |
---|
486 | | - | ballots, to be made. Such judge shall thereupon, in case such judge finds 419 |
---|
487 | | - | any error in the rulings of the election official, any mistake in the count 420 |
---|
488 | | - | of the votes or any violation of said sections, certify the result of such 421 |
---|
489 | | - | judge's finding or decision to the Secretary of the State before the 422 |
---|
490 | | - | fifteenth day of the next succeeding December. Such judge may order a 423 |
---|
491 | | - | new election or a change in the existing election schedule. Such 424 |
---|
492 | | - | certificate of such judge of such judge's finding or decision shall be final 425 |
---|
493 | | - | and conclusive upon all questions relating to errors in the rulings of 426 |
---|
494 | | - | such election officials, to the correctness of such count, and, for the 427 |
---|
495 | | - | purposes of this section only, such claimed violations, and shall operate 428 |
---|
496 | | - | to correct the returns of the moderators or presiding officers, so as to 429 |
---|
497 | | - | conform to such finding or decision, unless the same is appealed from 430 |
---|
498 | | - | as provided in section 9-325. 431 |
---|
499 | | - | Sec. 6. Section 9-328 of the general statutes is repealed and the 432 |
---|
500 | | - | following is substituted in lieu thereof (Effective January 1, 2026): 433 |
---|
501 | | - | Any elector or candidate claiming to have been aggrieved by any 434 |
---|
502 | | - | ruling of any election official in connection with an election for any 435 |
---|
503 | | - | municipal office or a primary for justice of the peace, or any elector or 436 |
---|
504 | | - | candidate claiming that there has been a mistake in the count of votes 437 |
---|
505 | | - | cast for any such office at such election or primary, or any candidate in 438 |
---|
506 | | - | such an election or primary claiming that he is aggrieved by a violation 439 |
---|
507 | | - | of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 440 |
---|
508 | | - | or 9-365 in the casting of absentee ballots at such election or primary, 441 |
---|
509 | | - | may bring a complaint to any judge of the Superior Court for relief 442 Substitute Bill No. 1232 |
---|
| 492 | + | LCO No. 3949 14 of 20 |
---|
| 493 | + | |
---|
| 494 | + | made prior to such election, such judge shall proceed expeditiously to 392 |
---|
| 495 | + | render judgment on the complaint and shall cause notice of the hearing 393 |
---|
| 496 | + | to be given to the Secretary of the State and the State Elections 394 |
---|
| 497 | + | Enforcement Commission. If such complaint is made subsequent to the 395 |
---|
| 498 | + | election, it shall be brought not later than fourteen days after the election 396 |
---|
| 499 | + | or, if such complaint is brought in response to [the manual tabulation of 397 |
---|
| 500 | + | paper ballots authorized] an audit conducted pursuant to section 9-320f, 398 |
---|
| 501 | + | as amended by this act, or section 1 of this act, such complaint shall be 399 |
---|
| 502 | + | brought not later than seven days after the close of any such [manual 400 |
---|
| 503 | + | tabulation] audit and, in either such circumstance, such judge shall 401 |
---|
| 504 | + | forthwith order a hearing to be had upon such complaint, upon a day 402 |
---|
| 505 | + | not more than five nor less than three days from the making of such 403 |
---|
| 506 | + | order, and shall cause notice of not less than three nor more than five 404 |
---|
| 507 | + | days to be given to any candidate or candidates whose election may be 405 |
---|
| 508 | + | affected by the decision upon such hearing, to such election official, the 406 |
---|
| 509 | + | Secretary of the State, the State Elections Enforcement Commission and 407 |
---|
| 510 | + | to any other party or parties whom such judge deems proper parties 408 |
---|
| 511 | + | thereto, of the time and place for the hearing upon such complaint. Such 409 |
---|
| 512 | + | judge shall, on the day fixed for such hearing and without unnecessary 410 |
---|
| 513 | + | delay, proceed to hear the parties. If sufficient reason is shown, such 411 |
---|
| 514 | + | judge may order any voting tabulators to be unlocked or any ballot 412 |
---|
| 515 | + | boxes to be opened and a recount of the votes cast, including absentee 413 |
---|
| 516 | + | ballots, to be made. Such judge shall thereupon, in case such judge finds 414 |
---|
| 517 | + | any error in the rulings of the election official, any mistake in the count 415 |
---|
| 518 | + | of the votes or any violation of said sections, certify the result of such 416 |
---|
| 519 | + | judge's finding or decision to the Secretary of the State before the 417 |
---|
| 520 | + | fifteenth day of the next succeeding December. Such judge may order a 418 |
---|
| 521 | + | new election or a change in the existing election schedule. Such 419 |
---|
| 522 | + | certificate of such judge of such judge's finding or decision shall be final 420 |
---|
| 523 | + | and conclusive upon all questions relating to errors in the rulings of 421 |
---|
| 524 | + | such election officials, to the correctness of such count, and, for the 422 |
---|
| 525 | + | purposes of this section only, such claimed violations, and shall operate 423 |
---|
| 526 | + | to correct the returns of the moderators or presiding officers, so as to 424 |
---|
| 527 | + | conform to such finding or decision, unless the same is appealed from 425 |
---|
| 528 | + | Raised Bill No. 1232 |
---|
514 | | - | therefrom. In any action brought pursuant to the provisions of this 443 |
---|
515 | | - | section, the complainant shall send a copy of the complaint by first-class 444 |
---|
516 | | - | mail, or deliver a copy of the complaint by hand, to the State Elections 445 |
---|
517 | | - | Enforcement Commission. If such complaint is made prior to such 446 |
---|
518 | | - | election or primary, such judge shall proceed expeditiously to render 447 |
---|
519 | | - | judgment on the complaint and shall cause notice of the hearing to be 448 |
---|
520 | | - | given to the Secretary of the State and the State Elections Enforcement 449 |
---|
521 | | - | Commission. If such complaint is made subsequent to such election or 450 |
---|
522 | | - | primary, it shall be brought not later than fourteen days after such 451 |
---|
523 | | - | election or primary, except that if such complaint is brought in response 452 |
---|
524 | | - | to [the manual tabulation of paper ballots, authorized] an audit 453 |
---|
525 | | - | conducted pursuant to section 9-320f, as amended by this act, or section 454 |
---|
526 | | - | 1 of this act, such complaint shall be brought not later than seven days 455 |
---|
527 | | - | after the close of any such [manual tabulation] audit, to any judge of the 456 |
---|
528 | | - | Superior Court, in which he shall set out the claimed errors of the 457 |
---|
529 | | - | election official, the claimed errors in the count or the claimed violations 458 |
---|
530 | | - | of said sections. Such judge shall forthwith order a hearing to be had 459 |
---|
531 | | - | upon such complaint, upon a day not more than five nor less than three 460 |
---|
532 | | - | days from the making of such order, and shall cause notice of not less 461 |
---|
533 | | - | than three nor more than five days to be given to any candidate or 462 |
---|
534 | | - | candidates whose election or nomination may be affected by the 463 |
---|
535 | | - | decision upon such hearing, to such election official, the Secretary of the 464 |
---|
536 | | - | State, the State Elections Enforcement Commission and to any other 465 |
---|
537 | | - | party or parties whom such judge deems proper parties thereto, of the 466 |
---|
538 | | - | time and place for the hearing upon such complaint. Such judge shall, 467 |
---|
539 | | - | on the day fixed for such hearing and without unnecessary delay, 468 |
---|
540 | | - | proceed to hear the parties. If sufficient reason is shown, he may order 469 |
---|
541 | | - | any voting tabulators to be unlocked or any ballot boxes to be opened 470 |
---|
542 | | - | and a recount of the votes cast, including absentee ballots, to be made. 471 |
---|
543 | | - | Such judge shall thereupon, if he finds any error in the rulings of the 472 |
---|
544 | | - | election official or any mistake in the count of the votes, certify the result 473 |
---|
545 | | - | of his finding or decision to the Secretary of the State before the tenth 474 |
---|
546 | | - | day succeeding the conclusion of the hearing. Such judge may order a 475 |
---|
547 | | - | new election or primary or a change in the existing election schedule. 476 |
---|
548 | | - | Such certificate of such judge of his finding or decision shall be final and 477 Substitute Bill No. 1232 |
---|
| 532 | + | LCO No. 3949 15 of 20 |
---|
| 533 | + | |
---|
| 534 | + | as provided in section 9-325. 426 |
---|
| 535 | + | Sec. 6. Section 9-328 of the general statutes is repealed and the 427 |
---|
| 536 | + | following is substituted in lieu thereof (Effective January 1, 2026): 428 |
---|
| 537 | + | Any elector or candidate claiming to have been aggrieved by any 429 |
---|
| 538 | + | ruling of any election official in connection with an election for any 430 |
---|
| 539 | + | municipal office or a primary for justice of the peace, or any elector or 431 |
---|
| 540 | + | candidate claiming that there has been a mistake in the count of votes 432 |
---|
| 541 | + | cast for any such office at such election or primary, or any candidate in 433 |
---|
| 542 | + | such an election or primary claiming that he is aggrieved by a violation 434 |
---|
| 543 | + | of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 435 |
---|
| 544 | + | or 9-365 in the casting of absentee ballots at such election or primary, 436 |
---|
| 545 | + | may bring a complaint to any judge of the Superior Court for relief 437 |
---|
| 546 | + | therefrom. In any action brought pursuant to the provisions of this 438 |
---|
| 547 | + | section, the complainant shall send a copy of the complaint by first-class 439 |
---|
| 548 | + | mail, or deliver a copy of the complaint by hand, to the State Elections 440 |
---|
| 549 | + | Enforcement Commission. If such complaint is made prior to such 441 |
---|
| 550 | + | election or primary, such judge shall proceed expeditiously to render 442 |
---|
| 551 | + | judgment on the complaint and shall cause notice of the hearing to be 443 |
---|
| 552 | + | given to the Secretary of the State and the State Elections Enforcement 444 |
---|
| 553 | + | Commission. If such complaint is made subsequent to such election or 445 |
---|
| 554 | + | primary, it shall be brought not later than fourteen days after such 446 |
---|
| 555 | + | election or primary, except that if such complaint is brought in response 447 |
---|
| 556 | + | to [the manual tabulation of paper ballots, authorized] an audit 448 |
---|
| 557 | + | conducted pursuant to section 9-320f, as amended by this act, or section 449 |
---|
| 558 | + | 1 of this act, such complaint shall be brought not later than seven days 450 |
---|
| 559 | + | after the close of any such [manual tabulation] audit, to any judge of the 451 |
---|
| 560 | + | Superior Court, in which he shall set out the claimed errors of the 452 |
---|
| 561 | + | election official, the claimed errors in the count or the claimed violations 453 |
---|
| 562 | + | of said sections. Such judge shall forthwith order a hearing to be had 454 |
---|
| 563 | + | upon such complaint, upon a day not more than five nor less than three 455 |
---|
| 564 | + | days from the making of such order, and shall cause notice of not less 456 |
---|
| 565 | + | than three nor more than five days to be given to any candidate or 457 |
---|
| 566 | + | candidates whose election or nomination may be affected by the 458 |
---|
| 567 | + | Raised Bill No. 1232 |
---|
553 | | - | conclusive upon all questions relating to errors in the ruling of such 478 |
---|
554 | | - | election officials, to the correctness of such count, and, for the purposes 479 |
---|
555 | | - | of this section only, such claimed violations, and shall operate to correct 480 |
---|
556 | | - | the returns of the moderators or presiding officers, so as to conform to 481 |
---|
557 | | - | such finding or decision, except that this section shall not affect the right 482 |
---|
558 | | - | of appeal to the Supreme Court and it shall not prevent such judge from 483 |
---|
559 | | - | reserving such questions of law for the advice of the Supreme Court as 484 |
---|
560 | | - | provided in section 9-325. Such judge may, if necessary, issue his writ of 485 |
---|
561 | | - | mandamus, requiring the adverse party and those under him to deliver 486 |
---|
562 | | - | to the complainant the appurtenances of such office, and shall cause his 487 |
---|
563 | | - | finding and decree to be entered on the records of the Superior Court in 488 |
---|
564 | | - | the proper judicial district. 489 |
---|
565 | | - | Sec. 7. Subsection (a) of section 9-329a of the general statutes is 490 |
---|
566 | | - | repealed and the following is substituted in lieu thereof (Effective January 491 |
---|
567 | | - | 1, 2026): 492 |
---|
568 | | - | (a) Any (1) elector or candidate aggrieved by a ruling of an election 493 |
---|
569 | | - | official in connection with any primary held pursuant to (A) section 9-494 |
---|
570 | | - | 423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 495 |
---|
571 | | - | alleges that there has been a mistake in the count of the votes cast at such 496 |
---|
572 | | - | primary, or (3) candidate in such a primary who alleges that he is 497 |
---|
573 | | - | aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-498 |
---|
574 | | - | 361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 499 |
---|
575 | | - | such primary, may bring his complaint to any judge of the Superior 500 |
---|
576 | | - | Court for appropriate action. In any action brought pursuant to the 501 |
---|
577 | | - | provisions of this section, the complainant shall file a certification 502 |
---|
578 | | - | attached to the complaint indicating that a copy of the complaint has 503 |
---|
579 | | - | been sent by first-class mail or delivered to the State Elections 504 |
---|
580 | | - | Enforcement Commission. If such complaint is made prior to such 505 |
---|
581 | | - | primary such judge shall proceed expeditiously to render judgment on 506 |
---|
582 | | - | the complaint and shall cause notice of the hearing to be given to the 507 |
---|
583 | | - | Secretary of the State and the State Elections Enforcement Commission. 508 |
---|
584 | | - | If such complaint is made subsequent to such primary it shall be 509 |
---|
585 | | - | brought, not later than fourteen days after such primary, or if such 510 |
---|
586 | | - | complaint is brought in response to [the manual tabulation of paper 511 Substitute Bill No. 1232 |
---|
| 571 | + | LCO No. 3949 16 of 20 |
---|
| 572 | + | |
---|
| 573 | + | decision upon such hearing, to such election official, the Secretary of the 459 |
---|
| 574 | + | State, the State Elections Enforcement Commission and to any other 460 |
---|
| 575 | + | party or parties whom such judge deems proper parties thereto, of the 461 |
---|
| 576 | + | time and place for the hearing upon such complaint. Such judge shall, 462 |
---|
| 577 | + | on the day fixed for such hearing and without unnecessary delay, 463 |
---|
| 578 | + | proceed to hear the parties. If sufficient reason is shown, he may order 464 |
---|
| 579 | + | any voting tabulators to be unlocked or any ballot boxes to be opened 465 |
---|
| 580 | + | and a recount of the votes cast, including absentee ballots, to be made. 466 |
---|
| 581 | + | Such judge shall thereupon, if he finds any error in the rulings of the 467 |
---|
| 582 | + | election official or any mistake in the count of the votes, certify the result 468 |
---|
| 583 | + | of his finding or decision to the Secretary of the State before the tenth 469 |
---|
| 584 | + | day succeeding the conclusion of the hearing. Such judge may order a 470 |
---|
| 585 | + | new election or primary or a change in the existing election schedule. 471 |
---|
| 586 | + | Such certificate of such judge of his finding or decision shall be final and 472 |
---|
| 587 | + | conclusive upon all questions relating to errors in the ruling of such 473 |
---|
| 588 | + | election officials, to the correctness of such count, and, for the purposes 474 |
---|
| 589 | + | of this section only, such claimed violations, and shall operate to correct 475 |
---|
| 590 | + | the returns of the moderators or presiding officers, so as to conform to 476 |
---|
| 591 | + | such finding or decision, except that this section shall not affect the right 477 |
---|
| 592 | + | of appeal to the Supreme Court and it shall not prevent such judge from 478 |
---|
| 593 | + | reserving such questions of law for the advice of the Supreme Court as 479 |
---|
| 594 | + | provided in section 9-325. Such judge may, if necessary, issue his writ of 480 |
---|
| 595 | + | mandamus, requiring the adverse party and those under him to deliver 481 |
---|
| 596 | + | to the complainant the appurtenances of such office, and shall cause his 482 |
---|
| 597 | + | finding and decree to be entered on the records of the Superior Court in 483 |
---|
| 598 | + | the proper judicial district. 484 |
---|
| 599 | + | Sec. 7. Subsection (a) of section 9-329a of the general statutes is 485 |
---|
| 600 | + | repealed and the following is substituted in lieu thereof (Effective January 486 |
---|
| 601 | + | 1, 2026): 487 |
---|
| 602 | + | (a) Any (1) elector or candidate aggrieved by a ruling of an election 488 |
---|
| 603 | + | official in connection with any primary held pursuant to (A) section 9-489 |
---|
| 604 | + | 423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 490 |
---|
| 605 | + | alleges that there has been a mistake in the count of the votes cast at such 491 |
---|
| 606 | + | Raised Bill No. 1232 |
---|
591 | | - | ballots, described in] an audit conducted pursuant to section 9-320f, as 512 |
---|
592 | | - | amended by this act, or section 1 of this act, such complaint shall be 513 |
---|
593 | | - | brought, not later than seven days after the close of any such [manual 514 |
---|
594 | | - | tabulation] audit, to any judge of the Superior Court. 515 |
---|
595 | | - | Sec. 8. Subsection (b) of section 9-3 of the general statutes is repealed 516 |
---|
596 | | - | and the following is substituted in lieu thereof (Effective January 1, 2026): 517 |
---|
597 | | - | (b) During any municipal, state or federal election, primary or 518 |
---|
598 | | - | recanvass, or any audit conducted pursuant to section 9-320f, as 519 |
---|
599 | | - | amended by this act, or section 1 of this act, the Secretary of the State 520 |
---|
600 | | - | may issue an order, whether orally or in writing, to any registrar of 521 |
---|
601 | | - | voters or moderator to correct any irregularity or impropriety in the 522 |
---|
602 | | - | conduct of such election, primary or recanvass or audit. Any such order 523 |
---|
603 | | - | shall be effective upon issuance. As soon as practicable after issuance of 524 |
---|
604 | | - | an oral order pursuant to this subsection, the Secretary shall reduce such 525 |
---|
605 | | - | order to writing, cite within such order any applicable provision of law 526 |
---|
606 | | - | authorizing such order and cause a copy of such written order to be 527 |
---|
607 | | - | delivered to the individual who is the subject of such order or, in the 528 |
---|
608 | | - | case that such order was originally issued in writing, issue a subsequent 529 |
---|
609 | | - | written order that conforms to such requirements. The Superior Court, 530 |
---|
610 | | - | on application of the Secretary or the Attorney General, may enforce by 531 |
---|
611 | | - | appropriate decree or process any such order issued pursuant to this 532 |
---|
612 | | - | subsection. 533 |
---|
613 | | - | Sec. 9. Subdivision (3) of subsection (b) of section 9-229 of the general 534 |
---|
614 | | - | statutes is repealed and the following is substituted in lieu thereof 535 |
---|
615 | | - | (Effective January 1, 2026): 536 |
---|
616 | | - | (3) The duties of each regional election advisor shall include, but not 537 |
---|
617 | | - | be limited to: (A) Holding the instructional sessions described in 538 |
---|
618 | | - | subdivision (2) of this subsection; (B) communicating with registrars of 539 |
---|
619 | | - | voters to assist, to the extent permitted under law, in preparations for 540 |
---|
620 | | - | and operations of any election, primary or recanvass, or any audit 541 |
---|
621 | | - | conducted pursuant to section 9-320f, as amended by this act, or section 542 |
---|
622 | | - | 1 of this act; and (C) transmitting any order issued by the Secretary of 543 Substitute Bill No. 1232 |
---|
| 610 | + | LCO No. 3949 17 of 20 |
---|
| 611 | + | |
---|
| 612 | + | primary, or (3) candidate in such a primary who alleges that he is 492 |
---|
| 613 | + | aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-493 |
---|
| 614 | + | 361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 494 |
---|
| 615 | + | such primary, may bring his complaint to any judge of the Superior 495 |
---|
| 616 | + | Court for appropriate action. In any action brought pursuant to the 496 |
---|
| 617 | + | provisions of this section, the complainant shall file a certification 497 |
---|
| 618 | + | attached to the complaint indicating that a copy of the complaint has 498 |
---|
| 619 | + | been sent by first-class mail or delivered to the State Elections 499 |
---|
| 620 | + | Enforcement Commission. If such complaint is made prior to such 500 |
---|
| 621 | + | primary such judge shall proceed expeditiously to render judgment on 501 |
---|
| 622 | + | the complaint and shall cause notice of the hearing to be given to the 502 |
---|
| 623 | + | Secretary of the State and the State Elections Enforcement Commission. 503 |
---|
| 624 | + | If such complaint is made subsequent to such primary it shall be 504 |
---|
| 625 | + | brought, not later than fourteen days after such primary, or if such 505 |
---|
| 626 | + | complaint is brought in response to [the manual tabulation of paper 506 |
---|
| 627 | + | ballots, described in] an audit conducted pursuant to section 9-320f, as 507 |
---|
| 628 | + | amended by this act, or section 1 of this act, such complaint shall be 508 |
---|
| 629 | + | brought, not later than seven days after the close of any such [manual 509 |
---|
| 630 | + | tabulation] audit, to any judge of the Superior Court. 510 |
---|
| 631 | + | Sec. 8. Subsection (b) of section 9-3 of the general statutes is repealed 511 |
---|
| 632 | + | and the following is substituted in lieu thereof (Effective January 1, 2026): 512 |
---|
| 633 | + | (b) During any municipal, state or federal election, primary or 513 |
---|
| 634 | + | recanvass, or any audit conducted pursuant to section 9-320f, as 514 |
---|
| 635 | + | amended by this act, or section 1 of this act, the Secretary of the State 515 |
---|
| 636 | + | may issue an order, whether orally or in writing, to any registrar of 516 |
---|
| 637 | + | voters or moderator to correct any irregularity or impropriety in the 517 |
---|
| 638 | + | conduct of such election, primary or recanvass or audit. Any such order 518 |
---|
| 639 | + | shall be effective upon issuance. As soon as practicable after issuance of 519 |
---|
| 640 | + | an oral order pursuant to this subsection, the Secretary shall reduce such 520 |
---|
| 641 | + | order to writing, cite within such order any applicable provision of law 521 |
---|
| 642 | + | authorizing such order and cause a copy of such written order to be 522 |
---|
| 643 | + | delivered to the individual who is the subject of such order or, in the 523 |
---|
| 644 | + | case that such order was originally issued in writing, issue a subsequent 524 |
---|
| 645 | + | Raised Bill No. 1232 |
---|
627 | | - | the State, pursuant to subsection (b) of section 9-3, as amended by this 544 |
---|
628 | | - | act. 545 |
---|
629 | | - | Sec. 10. Subsection (a) of section 9-229b of the general statutes is 546 |
---|
630 | | - | repealed and the following is substituted in lieu thereof (Effective January 547 |
---|
631 | | - | 1, 2026): 548 |
---|
632 | | - | (a) Any regional council of governments organized under the 549 |
---|
633 | | - | provisions of sections 4-124i to 4-124p, inclusive, may appoint a regional 550 |
---|
634 | | - | election advisor, who shall represent, consult with and act on behalf of 551 |
---|
635 | | - | such regional council of governments and any combination of regional 552 |
---|
636 | | - | councils of governments or member towns of regional councils of 553 |
---|
637 | | - | governments that may seek the assistance of such regional election 554 |
---|
638 | | - | advisor. A regional election advisor shall consult and coordinate with 555 |
---|
639 | | - | the Secretary of the State to provide such assistance in preparations for 556 |
---|
640 | | - | and operations of any election, primary or recanvass, or any audit 557 |
---|
641 | | - | conducted pursuant to section 9-320f, as amended by this act, or section 558 |
---|
642 | | - | 1 of this act. 559 |
---|
643 | | - | Sec. 11. Section 9-320g of the general statutes is repealed and the 560 |
---|
644 | | - | following is substituted in lieu thereof (Effective January 1, 2026): 561 |
---|
645 | | - | Notwithstanding any provision of this title, the Secretary of the State, 562 |
---|
646 | | - | in consultation and coordination with The University of Connecticut, 563 |
---|
647 | | - | may authorize the use of electronic equipment for the purpose of 564 |
---|
648 | | - | conducting any audit required pursuant to section 9-320f, [for any 565 |
---|
649 | | - | primary or general election held on or after January 1, 2016] as amended 566 |
---|
650 | | - | by this act, or section 1 of this act, provided (1) the Secretary of the State 567 |
---|
651 | | - | prescribes specifications for (A) the testing, set-up and operation of such 568 |
---|
652 | | - | equipment, and (B) the training of election officials in the use of such 569 |
---|
653 | | - | equipment; and (2) the Secretary of the State and The University of 570 |
---|
654 | | - | Connecticut agree that such equipment is sufficient in quantity to 571 |
---|
655 | | - | accommodate the total number of audits to be conducted. Nothing in 572 |
---|
656 | | - | this section shall preclude any candidate or elector from seeking 573 |
---|
657 | | - | additional remedies pursuant to chapter 149 as a result of any 574 |
---|
658 | | - | information revealed by such process. 575 Substitute Bill No. 1232 |
---|
| 649 | + | LCO No. 3949 18 of 20 |
---|
| 650 | + | |
---|
| 651 | + | written order that conforms to such requirements. The Superior Court, 525 |
---|
| 652 | + | on application of the Secretary or the Attorney General, may enforce by 526 |
---|
| 653 | + | appropriate decree or process any such order issued pursuant to this 527 |
---|
| 654 | + | subsection. 528 |
---|
| 655 | + | Sec. 9. Subdivision (3) of subsection (b) of section 9-229 of the general 529 |
---|
| 656 | + | statutes is repealed and the following is substituted in lieu thereof 530 |
---|
| 657 | + | (Effective January 1, 2026): 531 |
---|
| 658 | + | (3) The duties of each regional election advisor shall include, but not 532 |
---|
| 659 | + | be limited to: (A) Holding the instructional sessions described in 533 |
---|
| 660 | + | subdivision (2) of this subsection; (B) communicating with registrars of 534 |
---|
| 661 | + | voters to assist, to the extent permitted under law, in preparations for 535 |
---|
| 662 | + | and operations of any election, primary or recanvass, or any audit 536 |
---|
| 663 | + | conducted pursuant to section 9-320f, as amended by this act, or section 537 |
---|
| 664 | + | 1 of this act; and (C) transmitting any order issued by the Secretary of 538 |
---|
| 665 | + | the State, pursuant to subsection (b) of section 9-3, as amended by this 539 |
---|
| 666 | + | act. 540 |
---|
| 667 | + | Sec. 10. Subsection (a) of section 9-229b of the general statutes is 541 |
---|
| 668 | + | repealed and the following is substituted in lieu thereof (Effective January 542 |
---|
| 669 | + | 1, 2026): 543 |
---|
| 670 | + | (a) Any regional council of governments organized under the 544 |
---|
| 671 | + | provisions of sections 4-124i to 4-124p, inclusive, may appoint a regional 545 |
---|
| 672 | + | election advisor, who shall represent, consult with and act on behalf of 546 |
---|
| 673 | + | such regional council of governments and any combination of regional 547 |
---|
| 674 | + | councils of governments or member towns of regional councils of 548 |
---|
| 675 | + | governments that may seek the assistance of such regional election 549 |
---|
| 676 | + | advisor. A regional election advisor shall consult and coordinate with 550 |
---|
| 677 | + | the Secretary of the State to provide such assistance in preparations for 551 |
---|
| 678 | + | and operations of any election, primary or recanvass, or any audit 552 |
---|
| 679 | + | conducted pursuant to section 9-320f, as amended by this act, or section 553 |
---|
| 680 | + | 1 of this act. 554 |
---|
| 681 | + | Sec. 11. Section 9-320g of the general statutes is repealed and the 555 |
---|
| 682 | + | Raised Bill No. 1232 |
---|
663 | | - | Sec. 12. (Effective July 1, 2025) The Secretary of the State shall establish 576 |
---|
664 | | - | a pilot program for the conduct of risk-limiting audits at municipal 577 |
---|
665 | | - | elections in 2025. The Secretary shall randomly select three 578 |
---|
666 | | - | municipalities for participation in such pilot program, provided the 579 |
---|
667 | | - | Secretary shall select: (1) One municipality with a population of less 580 |
---|
668 | | - | than twenty thousand; (2) one municipality with a population of twenty 581 |
---|
669 | | - | thousand or greater, but less than ninety thousand; and (3) one 582 |
---|
670 | | - | municipality with a population of ninety thousand or greater. For the 583 |
---|
671 | | - | purposes of this section, "risk-limiting audit" has the same meaning as 584 |
---|
672 | | - | provided in section 1 of this act and "population" means the estimated 585 |
---|
673 | | - | number of people according to the most recent version of the State 586 |
---|
674 | | - | Register and Manual prepared pursuant to section 3-90 of the general 587 |
---|
675 | | - | statutes. 588 |
---|
| 686 | + | LCO No. 3949 19 of 20 |
---|
| 687 | + | |
---|
| 688 | + | following is substituted in lieu thereof (Effective January 1, 2026): 556 |
---|
| 689 | + | Notwithstanding any provision of this title, the Secretary of the State, 557 |
---|
| 690 | + | in consultation and coordination with The University of Connecticut, 558 |
---|
| 691 | + | may authorize the use of electronic equipment for the purpose of 559 |
---|
| 692 | + | conducting any audit required pursuant to section 9-320f, [for any 560 |
---|
| 693 | + | primary or general election held on or after January 1, 2016] as amended 561 |
---|
| 694 | + | by this act, or section 1 of this act, provided (1) the Secretary of the State 562 |
---|
| 695 | + | prescribes specifications for (A) the testing, set-up and operation of such 563 |
---|
| 696 | + | equipment, and (B) the training of election officials in the use of such 564 |
---|
| 697 | + | equipment; and (2) the Secretary of the State and The University of 565 |
---|
| 698 | + | Connecticut agree that such equipment is sufficient in quantity to 566 |
---|
| 699 | + | accommodate the total number of audits to be conducted. Nothing in 567 |
---|
| 700 | + | this section shall preclude any candidate or elector from seeking 568 |
---|
| 701 | + | additional remedies pursuant to chapter 149 as a result of any 569 |
---|
| 702 | + | information revealed by such process. 570 |
---|
| 703 | + | Sec. 12. (Effective July 1, 2025) The Secretary of the State shall establish 571 |
---|
| 704 | + | a pilot program for the conduct of risk-limiting audits at municipal 572 |
---|
| 705 | + | elections in 2025. The Secretary shall randomly select three 573 |
---|
| 706 | + | municipalities for participation in such pilot program, provided the 574 |
---|
| 707 | + | Secretary shall select: (1) One municipality with a population of less 575 |
---|
| 708 | + | than twenty thousand; (2) one municipality with a population of twenty 576 |
---|
| 709 | + | thousand or greater, but less than ninety thousand; and (3) one 577 |
---|
| 710 | + | municipality with a population of ninety thousand or greater. For the 578 |
---|
| 711 | + | purposes of this section, "population" means the estimated number of 579 |
---|
| 712 | + | people according to the most recent version of the State Register and 580 |
---|
| 713 | + | Manual prepared pursuant to section 3-90 of the general statutes. 581 |
---|