19 | | - | the purposes of (1) reviewing the administration of elections, primaries 4 |
---|
20 | | - | and referenda, including the conduct of early voting, absentee voting 5 |
---|
21 | | - | and same-day election registration, and the duties of election officials 6 |
---|
22 | | - | under title 9 of the general statutes, in municipalities in this state 7 |
---|
23 | | - | whenever such municipalities are referred to the board for such review, 8 |
---|
24 | | - | (2) overseeing the administration of elections in such municipalities 9 |
---|
25 | | - | where necessary, and (3) establishing procedural safeguards for the 10 |
---|
26 | | - | effective conduct of such elections, primaries and referenda in such 11 |
---|
27 | | - | municipalities. Nothing in this section shall be construed to (A) affect 12 |
---|
28 | | - | the powers and duties of the Secretary of the State or the State Elections 13 |
---|
29 | | - | Enforcement Commission under title 9 of the general statutes, including 14 |
---|
30 | | - | chapter 151a of the general statutes, (B) preclude any person from 15 |
---|
31 | | - | seeking additional remedies under title 9 of the general statutes, 16 |
---|
32 | | - | including under chapter 151a of the general statutes, or (C) otherwise 17 |
---|
33 | | - | affect chapter 151a of the general statutes. 18 |
---|
34 | | - | (b) (1) The Municipal Election Accountability Board shall be 19 Substitute Bill No. 1515 |
---|
| 27 | + | the purposes of reviewing the administration of elections, primaries and 4 |
---|
| 28 | + | referenda, including the conduct of early voting, absentee voting and 5 |
---|
| 29 | + | same-day election registration, and the duties of election officials under 6 |
---|
| 30 | + | title 9 of the general statutes, in municipalities in this state whenever 7 |
---|
| 31 | + | such municipalities are referred to the board for such review, overseeing 8 |
---|
| 32 | + | the administration of elections in such municipalities where necessary 9 |
---|
| 33 | + | and establishing procedural safeguards for the effective conduct of such 10 |
---|
| 34 | + | elections, primaries and referenda in such municipalities. Nothing in 11 |
---|
| 35 | + | this section shall be construed to (1) affect the powers and duties under 12 |
---|
| 36 | + | title 9 of the general statutes of the Secretary of the State or the State 13 |
---|
| 37 | + | Elections Enforcement Commission, including chapter 151a of the 14 |
---|
| 38 | + | general statutes, (2) preclude any person from seeking additional 15 |
---|
| 39 | + | remedies under title 9 of the general statutes, including under chapter 16 |
---|
| 40 | + | Raised Bill No. 1515 |
---|
49 | | - | the general statutes, provided by an association representing the 30 |
---|
50 | | - | interests of registrars of voters in the state; (iii) two members who shall 31 |
---|
51 | | - | be registrars of voters and enrolled in different political parties and who 32 |
---|
52 | | - | shall be selected from lists of five recommendations from each major 33 |
---|
53 | | - | party provided by an association representing the interests of registrars 34 |
---|
54 | | - | of voters in the state; (iv) two members who shall be town clerks and 35 |
---|
55 | | - | enrolled in different political parties and who shall be selected from lists 36 |
---|
56 | | - | of five recommendations from each major party provided by an 37 |
---|
57 | | - | association representing the interests of town clerks in the state; and (v) 38 |
---|
58 | | - | two members who shall be chief elected officials of municipalities and 39 |
---|
59 | | - | enrolled in different political parties and who shall be selected from lists 40 |
---|
60 | | - | of five recommendations from each major party provided by, jointly, a 41 |
---|
61 | | - | state-wide organization of municipal leaders and an organization that 42 |
---|
62 | | - | advocates for the interests of small towns in the state; and (D) one 43 |
---|
63 | | - | member appointed by each of the four legislative leaders, as defined in 44 |
---|
64 | | - | section 4-9d of the general statutes, who shall have expertise in election 45 |
---|
65 | | - | administration or election law, provided appointments under 46 |
---|
66 | | - | subparagraphs (C) and (D) of this subdivision shall be made so that no 47 |
---|
67 | | - | single municipality is represented by more than one member. 48 |
---|
68 | | - | (2) Members described in subparagraphs (C) and (D) of subdivision 49 |
---|
69 | | - | (1) of this subsection shall serve for a term of four years and until a 50 |
---|
70 | | - | successor is appointed, and initial appointments of such members shall 51 |
---|
71 | | - | be made not later than August 1, 2025. Members described in said 52 |
---|
72 | | - | subparagraphs shall recuse themselves from participating in any 53 Substitute Bill No. 1515 |
---|
| 59 | + | the general statutes, provided by the Registrars of Voters Association of 30 |
---|
| 60 | + | Connecticut; (iii) two members who shall be registrars of voters and 31 |
---|
| 61 | + | enrolled in different political parties and who shall be selected from lists 32 |
---|
| 62 | + | of five recommendations from each major party provided by the 33 |
---|
| 63 | + | Registrars of Voters Association of Connecticut; (iv) two members who 34 |
---|
| 64 | + | shall be town clerks and enrolled in different political parties and who 35 |
---|
| 65 | + | shall be selected from lists of five recommendations from each major 36 |
---|
| 66 | + | party provided by the Connecticut Town Clerks Association; and (v) 37 |
---|
| 67 | + | two members who shall be chief elected officials of municipalities and 38 |
---|
| 68 | + | enrolled in different political parties and who shall be selected from lists 39 |
---|
| 69 | + | of five recommendations from each major party provided by, jointly, the 40 |
---|
| 70 | + | Connecticut Conference of Municipalities and the Connecticut Council 41 |
---|
| 71 | + | of Small Towns; and (D) one member appointed by each of the four 42 |
---|
| 72 | + | legislative leaders, as defined in section 4-9d of the general statutes, who 43 |
---|
| 73 | + | shall have expertise in election administration or election law, provided 44 |
---|
| 74 | + | appointments under subparagraphs (C) and (D) of this subdivision shall 45 |
---|
| 75 | + | be made so that no single municipality is represented by more than one 46 |
---|
| 76 | + | member. 47 |
---|
| 77 | + | (2) Members described in subparagraphs (C) and (D) of subdivision 48 |
---|
| 78 | + | (1) of this subsection shall serve for a term of four years and until a 49 |
---|
| 79 | + | Raised Bill No. 1515 |
---|
77 | | - | proceeding of the board on any matter in which a conflict exists due to 54 |
---|
78 | | - | such member or the immediate family of such member being involved 55 |
---|
79 | | - | in any matter before said board, including, but not limited to, a matter 56 |
---|
80 | | - | concerning a town appearing before said board that a member 57 |
---|
81 | | - | represents on said board. Any vacancy shall be filled by the appointing 58 |
---|
82 | | - | authority for the remainder of the applicable member's unexpired term. 59 |
---|
83 | | - | The members of the board shall serve without compensation, but shall 60 |
---|
84 | | - | be reimbursed for expenses incurred in the performance of their duties. 61 |
---|
85 | | - | For the purposes of this subdivision, "immediate family" means a 62 |
---|
86 | | - | dependent relative who resides in the member's household or any 63 |
---|
87 | | - | spouse, child, parent or sibling of the member. 64 |
---|
88 | | - | (c) (1) Beginning on the second Tuesday of January in 2026, and every 65 |
---|
89 | | - | month thereafter on such second Tuesday, the Municipal Election 66 |
---|
90 | | - | Accountability Board shall hold a regularly scheduled meeting. 67 |
---|
91 | | - | (2) All regularly scheduled meetings shall be noticed on the Internet 68 |
---|
92 | | - | web site of the office of the Secretary of the State. In the event of any 69 |
---|
93 | | - | review hearing or preliminary review to be held under section 2 of this 70 |
---|
94 | | - | act, information regarding such hearing or review shall be added to 71 |
---|
95 | | - | such notice not later than forty-eight hours prior to any such meeting. 72 |
---|
96 | | - | (3) A vacancy on the board shall not impair the right of the remaining 73 |
---|
97 | | - | members to exercise all powers of the board, except that a majority of 74 |
---|
98 | | - | the total membership of the board shall constitute a quorum. 75 |
---|
99 | | - | Sec. 2. (NEW) (Effective January 1, 2026) (a) (1) Whenever the Secretary 76 |
---|
100 | | - | of the State or the State Elections Enforcement Commission is of the 77 |
---|
101 | | - | opinion that a reasonable likelihood of irregularity or impropriety in the 78 |
---|
102 | | - | administration of any election, primary or referendum in a municipality 79 |
---|
103 | | - | exists, based on any formal or informal complaint received by the 80 |
---|
104 | | - | Secretary or the commission from an individual, the Secretary or the 81 |
---|
105 | | - | commission, as applicable, may refer such municipality to the 82 |
---|
106 | | - | Municipal Election Accountability Board for a review hearing on such 83 |
---|
107 | | - | municipality's procedures related to the conduct of any such election, 84 |
---|
108 | | - | primary or referendum. Any such referral shall be accompanied by 85 Substitute Bill No. 1515 |
---|
| 83 | + | LCO No. 6406 3 of 8 |
---|
| 84 | + | |
---|
| 85 | + | successor is appointed, and initial appointments of such members shall 50 |
---|
| 86 | + | be made not later than August 1, 2025. Members described in said 51 |
---|
| 87 | + | subparagraphs shall recuse themselves from participating in any 52 |
---|
| 88 | + | proceeding of the board on any matter in which a conflict exists due to 53 |
---|
| 89 | + | such member or the immediate family of such member being involved 54 |
---|
| 90 | + | in any matter before said board, including, but not limited to, a matter 55 |
---|
| 91 | + | concerning a town appearing before said board that a member 56 |
---|
| 92 | + | represents on said board. The filling of any vacancy shall be for the 57 |
---|
| 93 | + | remainder of the applicable member's term. The members of the board 58 |
---|
| 94 | + | shall serve without compensation, but shall be reimbursed for expenses 59 |
---|
| 95 | + | incurred in the performance of their duties. For the purposes of this 60 |
---|
| 96 | + | subdivision, "immediate family" means a dependent relative who 61 |
---|
| 97 | + | resides in the member's household or any spouse, child, parent or 62 |
---|
| 98 | + | sibling of the member. 63 |
---|
| 99 | + | (c) (1) Beginning on the second Tuesday of January in 2026, and every 64 |
---|
| 100 | + | month thereafter on such second Tuesday, the Municipal Election 65 |
---|
| 101 | + | Accountability Board shall hold a regularly scheduled meeting. 66 |
---|
| 102 | + | (2) All regularly scheduled meetings shall be noticed on the Internet 67 |
---|
| 103 | + | web site of the office of the Secretary of the State. In the event of any 68 |
---|
| 104 | + | review hearing or preliminary review to be held under section 2 of this 69 |
---|
| 105 | + | act, information regarding such hearing or review shall be added to 70 |
---|
| 106 | + | such notice not later than forty-eight hours prior to any such meeting. 71 |
---|
| 107 | + | (3) A vacancy on the board shall not impair the right of the remaining 72 |
---|
| 108 | + | members exercise all powers of the board, and a majority of the total 73 |
---|
| 109 | + | membership of the board shall constitute a quorum. 74 |
---|
| 110 | + | Sec. 2. (NEW) (Effective January 1, 2026) (a) (1) Whenever the Secretary 75 |
---|
| 111 | + | of the State or the State Elections Enforcement Commission is of the 76 |
---|
| 112 | + | opinion that a reasonable likelihood of irregularity or impropriety in the 77 |
---|
| 113 | + | administration of any election, primary or referendum in a municipality 78 |
---|
| 114 | + | exists, based on any formal or informal complaint received by the 79 |
---|
| 115 | + | Secretary or the commission from an individual, the Secretary or the 80 |
---|
| 116 | + | Raised Bill No. 1515 |
---|
113 | | - | supporting evidence, including, but not limited to, affidavits, written or 86 |
---|
114 | | - | electronic correspondence and documented findings from an 87 |
---|
115 | | - | investigation. 88 |
---|
116 | | - | (2) Whenever a judge of the Superior Court is of the opinion that a 89 |
---|
117 | | - | reasonable likelihood of irregularity or impropriety in the 90 |
---|
118 | | - | administration of any election, primary or referendum in a municipality 91 |
---|
119 | | - | exists, based on a matter before such court involving such municipality's 92 |
---|
120 | | - | alleged violation of any provision of title 9 of the general statutes, such 93 |
---|
121 | | - | judge may refer such municipality to the Municipal Election 94 |
---|
122 | | - | Accountability Board for a review hearing on such municipality's 95 |
---|
123 | | - | procedures related to the conduct of any such election, primary or 96 |
---|
124 | | - | referendum. Any such referral shall be accompanied by supporting 97 |
---|
125 | | - | evidence, including, but not limited to, any record developed during a 98 |
---|
126 | | - | judicial proceeding. 99 |
---|
127 | | - | (3) (A) Whenever a municipal clerk, registrar of voters or moderator 100 |
---|
128 | | - | observes any act or omission that may present an impediment to the 101 |
---|
129 | | - | timely and orderly administration of any duty required of a 102 |
---|
130 | | - | municipality under title 9 of the general statutes, or (B) whenever the 103 |
---|
131 | | - | chief executive officer of a municipality, based on a review of such 104 |
---|
132 | | - | municipality's practices, identifies any such practice that may present 105 |
---|
133 | | - | such an impediment, such municipal clerk, registrar of voters, 106 |
---|
134 | | - | moderator or chief executive officer, as applicable, may refer such 107 |
---|
135 | | - | municipality to the Municipal Election Accountability Board for a 108 |
---|
136 | | - | review hearing on such municipality's procedures related to the conduct 109 |
---|
137 | | - | of elections, primaries and referenda. Any such referral shall be 110 |
---|
138 | | - | accompanied by supporting evidence, including, but not limited to, 111 |
---|
139 | | - | affidavits, written or electronic correspondence, procedure manuals and 112 |
---|
140 | | - | other guidance documents and logs of absentee ballot applications, 113 |
---|
141 | | - | moderator's diaries or other contemporaneously-produced notes or 114 |
---|
142 | | - | records. 115 |
---|
143 | | - | (4) Whenever any citizen of the state has a good-faith belief that a 116 |
---|
144 | | - | reasonable likelihood of irregularity or impropriety in the 117 |
---|
145 | | - | administration of any election, primary or referendum in a municipality 118 Substitute Bill No. 1515 |
---|
| 120 | + | LCO No. 6406 4 of 8 |
---|
| 121 | + | |
---|
| 122 | + | commission, as applicable, may refer such municipality to the 81 |
---|
| 123 | + | Municipal Election Accountability Board for a review hearing on such 82 |
---|
| 124 | + | municipality's procedures related to the conduct of any such election, 83 |
---|
| 125 | + | primary or referendum. Any such referral shall be accompanied by 84 |
---|
| 126 | + | supporting evidence, including, but not limited to, affidavits, written or 85 |
---|
| 127 | + | electronic correspondence and documented findings from an 86 |
---|
| 128 | + | investigation. 87 |
---|
| 129 | + | (2) Whenever a judge of the Superior Court is of the opinion that a 88 |
---|
| 130 | + | reasonable likelihood of irregularity or impropriety in the 89 |
---|
| 131 | + | administration of any election, primary or referendum in a municipality 90 |
---|
| 132 | + | exists, based on a matter before such court involving such municipality's 91 |
---|
| 133 | + | alleged violation of any provision of title 9 of the general statutes, such 92 |
---|
| 134 | + | judge may refer such municipality to the Municipal Election 93 |
---|
| 135 | + | Accountability Board for a review hearing on such municipality's 94 |
---|
| 136 | + | procedures related to the conduct of any such election, primary or 95 |
---|
| 137 | + | referendum. Any such referral shall be accompanied by supporting 96 |
---|
| 138 | + | evidence, including, but not limited to, any record developed during a 97 |
---|
| 139 | + | judicial proceeding. 98 |
---|
| 140 | + | (3) (A) Whenever a municipal clerk, registrar of voters or moderator 99 |
---|
| 141 | + | observes any act or omission that may present an impediment to the 100 |
---|
| 142 | + | timely and orderly administration of any duty required of a 101 |
---|
| 143 | + | municipality under title 9 of the general statutes, or (B) whenever the 102 |
---|
| 144 | + | chief executive officer of a municipality, based on a review of such 103 |
---|
| 145 | + | municipality's practices, identifies any such practice that may present 104 |
---|
| 146 | + | such an impediment, such municipal clerk, registrar of voters, 105 |
---|
| 147 | + | moderator or chief executive officer, as applicable, may refer such 106 |
---|
| 148 | + | municipality to the Municipal Election Accountability Board for a 107 |
---|
| 149 | + | review hearing on such municipality's procedures related to the conduct 108 |
---|
| 150 | + | of elections, primaries and referenda. Any such referral shall be 109 |
---|
| 151 | + | accompanied by supporting evidence, including, but not limited to, 110 |
---|
| 152 | + | affidavits, written or electronic correspondence, procedure manuals and 111 |
---|
| 153 | + | other guidance documents and logs of absentee ballot applications, 112 |
---|
| 154 | + | moderator's diaries or other contemporaneously-produced notes or 113 |
---|
| 155 | + | Raised Bill No. 1515 |
---|
150 | | - | exists, such citizen may file a report detailing such irregularity or 119 |
---|
151 | | - | impropriety with the Municipal Election Accountability Board and 120 |
---|
152 | | - | seeking a preliminary review of such municipality's procedures related 121 |
---|
153 | | - | to the conduct of any such election, primary or referendum. Any such 122 |
---|
154 | | - | report shall be accompanied by supporting evidence, including, but not 123 |
---|
155 | | - | limited to, affidavits, written or electronic correspondence and 124 |
---|
156 | | - | documented findings from an investigation. All submissions of such 125 |
---|
157 | | - | supporting evidence shall be made under penalty of false statement. 126 |
---|
158 | | - | (b) At the next regularly scheduled meeting of the Municipal Election 127 |
---|
159 | | - | Accountability Board after the receipt of a citizen report under 128 |
---|
160 | | - | subdivision (4) of subsection (a) of this section, the board shall hold a 129 |
---|
161 | | - | preliminary review for the purpose of determining whether to hold a 130 |
---|
162 | | - | review hearing under subsection (c) of this section. At such preliminary 131 |
---|
163 | | - | review, the board shall vote to determine whether, if everything in the 132 |
---|
164 | | - | citizen report is accurate, the reported municipality would be likely to 133 |
---|
165 | | - | be designated for oversight in accordance with subsection (c) of this 134 |
---|
166 | | - | section. In making such determination, the board shall consider (1) the 135 |
---|
167 | | - | plausibility of the citizen report based on such report and supporting 136 |
---|
168 | | - | evidence, (2) the nature and severity of the alleged irregularity or 137 |
---|
169 | | - | impropriety, including whether any such irregularity or impropriety 138 |
---|
170 | | - | would constitute a violation of the provisions of chapter 151 or 151a of 139 |
---|
171 | | - | the general statutes, and (3) the frequency with which any such 140 |
---|
172 | | - | irregularity or impropriety is alleged to have occurred in such reported 141 |
---|
173 | | - | municipality. A preliminary review of a citizen report held under this 142 |
---|
174 | | - | subsection shall not be considered a contested case under chapter 54 of 143 |
---|
175 | | - | the general statutes. 144 |
---|
176 | | - | (c) Immediately upon receipt of a referral under subdivisions (1) to 145 |
---|
177 | | - | (3), inclusive, of subsection (a) of this section or an affirmative vote at a 146 |
---|
178 | | - | preliminary review of a citizen report held under subsection (b) of this 147 |
---|
179 | | - | section, the Municipal Election Accountability Board shall give notice of 148 |
---|
180 | | - | such referral or citizen report to the referred municipality. Not later than 149 |
---|
181 | | - | ten days after receipt of such notice, the referred municipality may 150 |
---|
182 | | - | submit to the board a written response to such referral or citizen report. 151 |
---|
183 | | - | Not later than forty-five days after receipt of such response or, if such 152 Substitute Bill No. 1515 |
---|
| 159 | + | LCO No. 6406 5 of 8 |
---|
| 160 | + | |
---|
| 161 | + | records. 114 |
---|
| 162 | + | (4) Whenever any citizen of the state has a good-faith belief that a 115 |
---|
| 163 | + | reasonable likelihood of irregularity or impropriety in the 116 |
---|
| 164 | + | administration of any election, primary or referendum in a municipality 117 |
---|
| 165 | + | exists, such citizen may file a report detailing such irregularity or 118 |
---|
| 166 | + | impropriety with the Municipal Election Accountability Board seeking 119 |
---|
| 167 | + | a preliminary review of such municipality's procedures related to the 120 |
---|
| 168 | + | conduct of any such election, primary or referendum. Any such report 121 |
---|
| 169 | + | shall be accompanied by supporting evidence, including, but not 122 |
---|
| 170 | + | limited to, affidavits, written or electronic correspondence and 123 |
---|
| 171 | + | documented findings from an investigation. All submissions of such 124 |
---|
| 172 | + | supporting evidence shall be made under penalty of false statement. 125 |
---|
| 173 | + | (b) At the next regularly scheduled meeting of the Municipal Election 126 |
---|
| 174 | + | Accountability Board after the receipt of a citizen report under 127 |
---|
| 175 | + | subdivision (4) of subsection (a) of this section, the board shall hold a 128 |
---|
| 176 | + | preliminary review for the purpose of determining whether to hold a 129 |
---|
| 177 | + | review hearing under subsection (c) of this section. At such preliminary 130 |
---|
| 178 | + | review, the board shall vote to determine whether, if everything in the 131 |
---|
| 179 | + | citizen report is accurate, the report municipality would be likely to be 132 |
---|
| 180 | + | designated for oversight in accordance with subsection (c) of this 133 |
---|
| 181 | + | section. In making such determination, the board shall consider (1) the 134 |
---|
| 182 | + | plausibility of the citizen report based on such report and supporting 135 |
---|
| 183 | + | evidence, (2) the nature and severity of the alleged irregularity or 136 |
---|
| 184 | + | impropriety, including whether any such irregularity or impropriety 137 |
---|
| 185 | + | would constitute a violation of the provisions of chapter 151 or 151a of 138 |
---|
| 186 | + | the general statutes, and (3) the frequency with which any such 139 |
---|
| 187 | + | irregularity or impropriety is alleged to have occurred in such reported 140 |
---|
| 188 | + | municipality. A preliminary review of a citizen report held under this 141 |
---|
| 189 | + | subsection shall not be considered a contested case under chapter 54 of 142 |
---|
| 190 | + | the general statutes. 143 |
---|
| 191 | + | (c) Immediately upon receipt of a referral under subsection (a) of this 144 |
---|
| 192 | + | section or an affirmative vote at a preliminary review of a citizen report 145 |
---|
| 193 | + | Raised Bill No. 1515 |
---|
188 | | - | municipality does not submit such a written response, not later than 153 |
---|
189 | | - | sixty days after the board gave notice of such referral or citizen report 154 |
---|
190 | | - | to the referred municipality, the board shall hold a review hearing 155 |
---|
191 | | - | during a regularly scheduled meeting of the board for the purpose of 156 |
---|
192 | | - | presenting to such referred or reported municipality the evidence that 157 |
---|
193 | | - | accompanied such referral or citizen report. The board may compel the 158 |
---|
194 | | - | attendance of any person as a witness by subpoena issued by the board 159 |
---|
195 | | - | and may compel the production for examination of any books and 160 |
---|
196 | | - | papers that the board deems relevant to the matter in question. At such 161 |
---|
197 | | - | review hearing, the chief executive officer, the corporation counsel or 162 |
---|
198 | | - | any other duly authorized representative of such referred or reported 163 |
---|
199 | | - | municipality shall have a right to respond to the evidence that 164 |
---|
200 | | - | accompanied such referral or citizen report, including, but not limited 165 |
---|
201 | | - | to, rebuttal of any fact alleged and confrontation of any witness. Not 166 |
---|
202 | | - | later than the next regularly scheduled meeting after the review hearing, 167 |
---|
203 | | - | the board shall vote to determine (1) whether to designate such referred 168 |
---|
204 | | - | or reported municipality for oversight by the board in accordance with 169 |
---|
205 | | - | the provisions of section 3 of this act, (2) if such oversight is deemed 170 |
---|
206 | | - | necessary, the tier to which such municipality shall be designated, and 171 |
---|
207 | | - | (3) if such oversight is deemed necessary, the length of time such 172 |
---|
208 | | - | municipality shall be subject to such oversight. In making the 173 |
---|
209 | | - | determination under subdivisions (1) to (3), inclusive, of this subsection, 174 |
---|
210 | | - | the board shall consider: (A) The referred or reported municipality's 175 |
---|
211 | | - | response, if any, to the evidence that accompanied such referral or 176 |
---|
212 | | - | citizen report, (B) the nature and severity of the alleged irregularity or 177 |
---|
213 | | - | impropriety, including whether any such irregularity or impropriety 178 |
---|
214 | | - | constitutes a violation of the provisions of chapter 151 or 151a of the 179 |
---|
215 | | - | general statutes, and (C) the frequency with which any such irregularity 180 |
---|
216 | | - | or impropriety appears to have occurred in such referred or reported 181 |
---|
217 | | - | municipality. The determination of the board under this subsection may 182 |
---|
218 | | - | be appealed in accordance with the provisions of chapter 54 of the 183 |
---|
219 | | - | general statutes. Any such appeal shall be privileged with respect to 184 |
---|
220 | | - | assignment. 185 |
---|
221 | | - | Sec. 3. (NEW) (Effective January 1, 2026) A referred municipality 186 Substitute Bill No. 1515 |
---|
| 197 | + | LCO No. 6406 6 of 8 |
---|
| 198 | + | |
---|
| 199 | + | held under subsection (b) of this section, the Municipal Election 146 |
---|
| 200 | + | Accountability Board shall give notice of such referral or citizen report 147 |
---|
| 201 | + | to the referred municipality. Not later than ten days after receipt of such 148 |
---|
| 202 | + | notice, the referred municipality may submit to the board a written 149 |
---|
| 203 | + | response to such referral or citizen report. Not later than forty-five days 150 |
---|
| 204 | + | after receipt of such response, or not later than sixty days after the board 151 |
---|
| 205 | + | gave notice of such referral of citizen report to the referred municipality 152 |
---|
| 206 | + | if such municipality does not submit such a written response, during a 153 |
---|
| 207 | + | regularly scheduled meeting of the board, the board shall hold a review 154 |
---|
| 208 | + | hearing for the purpose of presenting to such referred or reported 155 |
---|
| 209 | + | municipality the evidence that accompanied such referral or citizen 156 |
---|
| 210 | + | report. At such review hearing, the chief executive officer, the 157 |
---|
| 211 | + | corporation counsel or any other duly authorized representative of such 158 |
---|
| 212 | + | referred or reported municipality shall have a right to respond to the 159 |
---|
| 213 | + | evidence that accompanied such referral or citizen report, including, but 160 |
---|
| 214 | + | not limited to, rebuttal of any fact alleged and confrontation of any 161 |
---|
| 215 | + | witness. Not later than the next regularly scheduled meeting after the 162 |
---|
| 216 | + | review hearing, the board shall vote to determine (1) whether to 163 |
---|
| 217 | + | designate such referred or reported municipality for oversight by the 164 |
---|
| 218 | + | board in accordance with the provisions of section 3 of this act, (2) if 165 |
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| 219 | + | such oversight is deemed necessary, the tier to which such municipality 166 |
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| 220 | + | shall be designated, and (3) if such oversight is deemed necessary, the 167 |
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| 221 | + | length of time such municipality shall be subject to such oversight. In 168 |
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| 222 | + | making the determination under subdivisions (1) to (3), inclusive, of this 169 |
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| 223 | + | subsection, the board shall consider: (A) The referred or reported 170 |
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| 224 | + | municipality's response, if any, to such evidence, (B) the nature and 171 |
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| 225 | + | severity of the alleged irregularity or impropriety, including whether 172 |
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| 226 | + | any such irregularity or impropriety constitutes a violation of the 173 |
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| 227 | + | provisions of chapter 151 or 151a of the general statutes, and (C) the 174 |
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| 228 | + | frequency with which any such irregularity or impropriety appears to 175 |
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| 229 | + | occur in such referred or reported municipality. The determination of 176 |
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| 230 | + | the board under this subsection may be appealed in accordance with the 177 |
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| 231 | + | provisions of chapter 54 of the general statutes. Any such appeal shall 178 |
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| 232 | + | be privileged with respect to assignment. 179 |
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| 233 | + | Raised Bill No. 1515 |
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226 | | - | designated by the Municipal Election Accountability Board as a: 187 |
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227 | | - | (1) Tier I municipality shall be subject to oversight by the board 188 |
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228 | | - | consisting of (A) development by such municipality of a plan to mitigate 189 |
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229 | | - | the concerns that warranted such designation by the board, which shall 190 |
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230 | | - | be submitted to the board for approval and modification as required by 191 |
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231 | | - | the board, (B) mandatory training of election officials in election 192 |
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232 | | - | administration procedures and best practices, conducted by the office of 193 |
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233 | | - | the Secretary of the State or by a certified moderator, town clerk or 194 |
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234 | | - | registrar of voters, or a combination thereof, selected by the Secretary of 195 |
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235 | | - | the State, and (C) distribution by said office to such election officials of 196 |
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236 | | - | instruction or training manuals or other resources for promoting best 197 |
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237 | | - | practices in election administration. 198 |
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238 | | - | (2) Tier II municipality shall be subject to oversight by the board 199 |
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239 | | - | consisting of (A) the measures provided under subdivision (1) of this 200 |
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240 | | - | section for a Tier I municipality, and (B) regular contact with the 201 |
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241 | | - | municipality to ensure (i) compliance with the developed mitigation 202 |
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242 | | - | plan and timely achievement of the benchmarks set forth in such 203 |
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243 | | - | mitigation plan, (ii) attendance of election officials at all mandatory 204 |
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244 | | - | training, and (iii) distribution of manuals or resources in accordance 205 |
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245 | | - | with the provisions of subparagraph (C) of subdivision (1) of this 206 |
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246 | | - | section. 207 |
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247 | | - | (3) Tier III municipality shall be subject to oversight by the board 208 |
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248 | | - | consisting of (A) the measures provided under subdivision (2) of this 209 |
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249 | | - | section for a Tier II municipality, and (B) appointment of an election 210 |
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250 | | - | monitor (i) who shall be authorized to (I) conduct inspections, inquiries 211 |
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251 | | - | and investigations related to any duty or responsibility under title 9 of 212 |
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252 | | - | the general statutes to be carried out by any official of such municipality 213 |
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253 | | - | or appointee of such official, (II) have access to all records, data and 214 |
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254 | | - | material maintained by or available to any such official or appointee, 215 |
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255 | | - | and (III) immediately report to the Secretary of the State any irregularity 216 |
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256 | | - | or impropriety in the performance of any duty or responsibility 217 |
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257 | | - | described in subparagraph (B)(i)(I) of this subdivision, and (ii) who shall 218 |
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258 | | - | be provided, by such municipality, with any office space, supplies, 219 Substitute Bill No. 1515 |
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| 237 | + | LCO No. 6406 7 of 8 |
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| 238 | + | |
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| 239 | + | Sec. 3. (NEW) (Effective January 1, 2026) A referred municipality 180 |
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| 240 | + | designated as a: 181 |
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| 241 | + | (1) Tier I municipality shall be subject to oversight by the Municipal 182 |
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| 242 | + | Election Accountability Board consisting of (A) development by such 183 |
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| 243 | + | municipality of a plan to mitigate the concerns that warranted such 184 |
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| 244 | + | designation by the board, which shall be submitted to the board for 185 |
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| 245 | + | approval and modification as required by the board, (B) mandatory 186 |
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| 246 | + | training of election officials in election administration procedures and 187 |
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| 247 | + | best practices conducted by the office of the Secretary of the State or by 188 |
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| 248 | + | a certified moderator, town clerk or registrar of voters, or a combination 189 |
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| 249 | + | thereof, selected by the Secretary of the State, and (C) distribution of 190 |
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| 250 | + | instruction or training manuals or other resources for promoting best 191 |
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| 251 | + | practices in election administration. 192 |
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| 252 | + | (2) Tier II municipality shall be subject to oversight by the board 193 |
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| 253 | + | consisting of (A) the measures provided under subdivision (1) of this 194 |
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| 254 | + | section for a Tier I municipality, and (B) regular contact with the 195 |
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| 255 | + | municipality to ensure (i) compliance with such mitigation plan and 196 |
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| 256 | + | timely achievement of the benchmarks set forth in such mitigation plan, 197 |
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| 257 | + | (ii) attendance of such election officials at such mandatory training, and 198 |
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| 258 | + | (iii) distribution of such manuals or resources. 199 |
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| 259 | + | (3) Tier III municipality shall be subject to oversight by the board 200 |
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| 260 | + | consisting of (A) the measures provided under subdivision (2) of this 201 |
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| 261 | + | section for a Tier II municipality, and (B) appointment of an election 202 |
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| 262 | + | monitor (i) who shall be authorized to (I) conduct inspections, inquiries 203 |
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| 263 | + | and investigations related to any duty or responsibility under title 9 of 204 |
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| 264 | + | the general statutes to be carried out by any official of such municipality 205 |
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| 265 | + | or appointee of such official, (II) have access to all records, data and 206 |
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| 266 | + | material maintained by or available to any such official or appointee, 207 |
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| 267 | + | and (III) immediately report to the Secretary of the State any irregularity 208 |
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| 268 | + | or impropriety in the performance of any duty or responsibility 209 |
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| 269 | + | described in subparagraph (B)(i)(I) of this subdivision, and (ii) who shall 210 |
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| 270 | + | be provided, by such municipality, with any office space, supplies, 211 |
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| 271 | + | Raised Bill No. 1515 |
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263 | | - | equipment and services necessary to properly carry out such election 220 |
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264 | | - | monitor's duties and responsibilities. 221 |
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265 | | - | (4) Tier IV municipality shall be subject to oversight by the board 222 |
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266 | | - | consisting of the complete administration by the board of any election, 223 |
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267 | | - | primary or referendum in such municipality, and all procedures related 224 |
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268 | | - | to the orderly conduct of any such election, primary or referendum, 225 |
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269 | | - | notwithstanding the provisions of (A) titles 7 and 9 of the general 226 |
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270 | | - | statutes, (B) any special act, and (C) any charter or home rule ordinance 227 |
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271 | | - | adopted pursuant to chapter 99 of the general statutes. 228 |
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272 | | - | Sec. 4. (NEW) (Effective from passage) Not later than January 1, 2026, 229 |
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273 | | - | the Municipal Election Accountability Board shall adopt regulations, in 230 |
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274 | | - | accordance with the provisions of chapter 54 of the general statutes, as 231 |
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275 | | - | the board deems necessary to implement the provisions of sections 1 to 232 |
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276 | | - | 3, inclusive, of this act. 233 |
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| 275 | + | LCO No. 6406 8 of 8 |
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| 276 | + | |
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| 277 | + | equipment and services necessary to properly carry out such election 212 |
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| 278 | + | monitor's duties and responsibilities. 213 |
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| 279 | + | (4) Tier IV municipality shall be subject to oversight by the board 214 |
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| 280 | + | consisting of the complete administration by the board of any election, 215 |
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| 281 | + | primary or referendum in such municipality, and all procedures related 216 |
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| 282 | + | to the orderly conduct of any such election, primary or referendum, 217 |
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| 283 | + | notwithstanding the provisions of (A) titles 7 and 9 of the general 218 |
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| 284 | + | statutes, (B) any special act, and (C) any charter or home rule ordinance 219 |
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| 285 | + | adopted pursuant to chapter 99 of the general statutes. 220 |
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| 286 | + | Sec. 4. (NEW) (Effective from passage) Not later than January 1, 2026, 221 |
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| 287 | + | the Municipal Election Accountability Board shall adopt regulations, in 222 |
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| 288 | + | accordance with the provisions of chapter 54 of the general statutes, as 223 |
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| 289 | + | the board deems necessary to implement the provisions of sections 1 to 224 |
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| 290 | + | 3, inclusive, of this act. 225 |
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