Connecticut 2025 Regular Session

Connecticut Senate Bill SB01515 Latest Draft

Bill / Comm Sub Version Filed 04/10/2025

                             
 
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General Assembly  Substitute Bill No. 1515  
January Session, 2025 
 
 
 
 
 
AN ACT CONCERNING ELECTION ADMINISTRATION OVERSIGHT.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) (a) There is established a 1 
Municipal Election Accountability Board, which shall be within the 2 
office of the Secretary of the State for administrative purposes only, for 3 
the purposes of (1) reviewing the administration of elections, primaries 4 
and referenda, including the conduct of early voting, absentee voting 5 
and same-day election registration, and the duties of election officials 6 
under title 9 of the general statutes, in municipalities in this state 7 
whenever such municipalities are referred to the board for such review, 8 
(2) overseeing the administration of elections in such municipalities 9 
where necessary, and (3) establishing procedural safeguards for the 10 
effective conduct of such elections, primaries and referenda in such 11 
municipalities. Nothing in this section shall be construed to (A) affect 12 
the powers and duties of the Secretary of the State or the State Elections 13 
Enforcement Commission under title 9 of the general statutes, including 14 
chapter 151a of the general statutes, (B) preclude any person from 15 
seeking additional remedies under title 9 of the general statutes, 16 
including under chapter 151a of the general statutes, or (C) otherwise 17 
affect chapter 151a of the general statutes. 18 
(b) (1) The Municipal Election Accountability Board shall be 19  Substitute Bill No. 1515 
 
 
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comprised of: (A) The Secretary of the State, or the Secretary's designee, 20 
who shall be the chairperson of the board; (B) the executive director of 21 
the State Elections Enforcement Commission, or the executive director's 22 
designee; (C) nine members appointed by the Secretary of the State, with 23 
the advice and consent of the General Assembly, as follows: (i) One 24 
member who shall be admitted to the practice of law in this state and 25 
has expertise in election law; (ii) two members who shall be moderators 26 
certified under section 9-229 of the general statutes and enrolled in 27 
different political parties and who shall be selected from lists of five 28 
recommendations from each major party, as defined in section 9-372 of 29 
the general statutes, provided by an association representing the 30 
interests of registrars of voters in the state; (iii) two members who shall 31 
be registrars of voters and enrolled in different political parties and who 32 
shall be selected from lists of five recommendations from each major 33 
party provided by an association representing the interests of registrars 34 
of voters in the state; (iv) two members who shall be town clerks and 35 
enrolled in different political parties and who shall be selected from lists 36 
of five recommendations from each major party provided by an 37 
association representing the interests of town clerks in the state; and (v) 38 
two members who shall be chief elected officials of municipalities and 39 
enrolled in different political parties and who shall be selected from lists 40 
of five recommendations from each major party provided by, jointly, a 41 
state-wide organization of municipal leaders and an organization that 42 
advocates for the interests of small towns in the state; and (D) one 43 
member appointed by each of the four legislative leaders, as defined in 44 
section 4-9d of the general statutes, who shall have expertise in election 45 
administration or election law, provided appointments under 46 
subparagraphs (C) and (D) of this subdivision shall be made so that no 47 
single municipality is represented by more than one member. 48 
(2) Members described in subparagraphs (C) and (D) of subdivision 49 
(1) of this subsection shall serve for a term of four years and until a 50 
successor is appointed, and initial appointments of such members shall 51 
be made not later than August 1, 2025. Members described in said 52 
subparagraphs shall recuse themselves from participating in any 53  Substitute Bill No. 1515 
 
 
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proceeding of the board on any matter in which a conflict exists due to 54 
such member or the immediate family of such member being involved 55 
in any matter before said board, including, but not limited to, a matter 56 
concerning a town appearing before said board that a member 57 
represents on said board. Any vacancy shall be filled by the appointing 58 
authority for the remainder of the applicable member's unexpired term. 59 
The members of the board shall serve without compensation, but shall 60 
be reimbursed for expenses incurred in the performance of their duties. 61 
For the purposes of this subdivision, "immediate family" means a 62 
dependent relative who resides in the member's household or any 63 
spouse, child, parent or sibling of the member. 64 
(c) (1) Beginning on the second Tuesday of January in 2026, and every 65 
month thereafter on such second Tuesday, the Municipal Election 66 
Accountability Board shall hold a regularly scheduled meeting. 67 
(2) All regularly scheduled meetings shall be noticed on the Internet 68 
web site of the office of the Secretary of the State. In the event of any 69 
review hearing or preliminary review to be held under section 2 of this 70 
act, information regarding such hearing or review shall be added to 71 
such notice not later than forty-eight hours prior to any such meeting. 72 
(3) A vacancy on the board shall not impair the right of the remaining 73 
members to exercise all powers of the board, except that a majority of 74 
the total membership of the board shall constitute a quorum. 75 
Sec. 2. (NEW) (Effective January 1, 2026) (a) (1) Whenever the Secretary 76 
of the State or the State Elections Enforcement Commission is of the 77 
opinion that a reasonable likelihood of irregularity or impropriety in the 78 
administration of any election, primary or referendum in a municipality 79 
exists, based on any formal or informal complaint received by the 80 
Secretary or the commission from an individual, the Secretary or the 81 
commission, as applicable, may refer such municipality to the 82 
Municipal Election Accountability Board for a review hearing on such 83 
municipality's procedures related to the conduct of any such election, 84 
primary or referendum. Any such referral shall be accompanied by 85  Substitute Bill No. 1515 
 
 
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supporting evidence, including, but not limited to, affidavits, written or 86 
electronic correspondence and documented findings from an 87 
investigation. 88 
(2) Whenever a judge of the Superior Court is of the opinion that a 89 
reasonable likelihood of irregularity or impropriety in the 90 
administration of any election, primary or referendum in a municipality 91 
exists, based on a matter before such court involving such municipality's 92 
alleged violation of any provision of title 9 of the general statutes, such 93 
judge may refer such municipality to the Municipal Election 94 
Accountability Board for a review hearing on such municipality's 95 
procedures related to the conduct of any such election, primary or 96 
referendum. Any such referral shall be accompanied by supporting 97 
evidence, including, but not limited to, any record developed during a 98 
judicial proceeding. 99 
(3) (A) Whenever a municipal clerk, registrar of voters or moderator 100 
observes any act or omission that may present an impediment to the 101 
timely and orderly administration of any duty required of a 102 
municipality under title 9 of the general statutes, or (B) whenever the 103 
chief executive officer of a municipality, based on a review of such 104 
municipality's practices, identifies any such practice that may present 105 
such an impediment, such municipal clerk, registrar of voters, 106 
moderator or chief executive officer, as applicable, may refer such 107 
municipality to the Municipal Election Accountability Board for a 108 
review hearing on such municipality's procedures related to the conduct 109 
of elections, primaries and referenda. Any such referral shall be 110 
accompanied by supporting evidence, including, but not limited to, 111 
affidavits, written or electronic correspondence, procedure manuals and 112 
other guidance documents and logs of absentee ballot applications, 113 
moderator's diaries or other contemporaneously-produced notes or 114 
records. 115 
(4) Whenever any citizen of the state has a good-faith belief that a 116 
reasonable likelihood of irregularity or impropriety in the 117 
administration of any election, primary or referendum in a municipality 118  Substitute Bill No. 1515 
 
 
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exists, such citizen may file a report detailing such irregularity or 119 
impropriety with the Municipal Election Accountability Board and 120 
seeking a preliminary review of such municipality's procedures related 121 
to the conduct of any such election, primary or referendum. Any such 122 
report shall be accompanied by supporting evidence, including, but not 123 
limited to, affidavits, written or electronic correspondence and 124 
documented findings from an investigation. All submissions of such 125 
supporting evidence shall be made under penalty of false statement. 126 
(b) At the next regularly scheduled meeting of the Municipal Election 127 
Accountability Board after the receipt of a citizen report under 128 
subdivision (4) of subsection (a) of this section, the board shall hold a 129 
preliminary review for the purpose of determining whether to hold a 130 
review hearing under subsection (c) of this section. At such preliminary 131 
review, the board shall vote to determine whether, if everything in the 132 
citizen report is accurate, the reported municipality would be likely to 133 
be designated for oversight in accordance with subsection (c) of this 134 
section. In making such determination, the board shall consider (1) the 135 
plausibility of the citizen report based on such report and supporting 136 
evidence, (2) the nature and severity of the alleged irregularity or 137 
impropriety, including whether any such irregularity or impropriety 138 
would constitute a violation of the provisions of chapter 151 or 151a of 139 
the general statutes, and (3) the frequency with which any such 140 
irregularity or impropriety is alleged to have occurred in such reported 141 
municipality. A preliminary review of a citizen report held under this 142 
subsection shall not be considered a contested case under chapter 54 of 143 
the general statutes. 144 
(c) Immediately upon receipt of a referral under subdivisions (1) to 145 
(3), inclusive, of subsection (a) of this section or an affirmative vote at a 146 
preliminary review of a citizen report held under subsection (b) of this 147 
section, the Municipal Election Accountability Board shall give notice of 148 
such referral or citizen report to the referred municipality. Not later than 149 
ten days after receipt of such notice, the referred municipality may 150 
submit to the board a written response to such referral or citizen report. 151 
Not later than forty-five days after receipt of such response or, if such 152  Substitute Bill No. 1515 
 
 
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municipality does not submit such a written response, not later than 153 
sixty days after the board gave notice of such referral or citizen report 154 
to the referred municipality, the board shall hold a review hearing 155 
during a regularly scheduled meeting of the board for the purpose of 156 
presenting to such referred or reported municipality the evidence that 157 
accompanied such referral or citizen report. The board may compel the 158 
attendance of any person as a witness by subpoena issued by the board 159 
and may compel the production for examination of any books and 160 
papers that the board deems relevant to the matter in question. At such 161 
review hearing, the chief executive officer, the corporation counsel or 162 
any other duly authorized representative of such referred or reported 163 
municipality shall have a right to respond to the evidence that 164 
accompanied such referral or citizen report, including, but not limited 165 
to, rebuttal of any fact alleged and confrontation of any witness. Not 166 
later than the next regularly scheduled meeting after the review hearing, 167 
the board shall vote to determine (1) whether to designate such referred 168 
or reported municipality for oversight by the board in accordance with 169 
the provisions of section 3 of this act, (2) if such oversight is deemed 170 
necessary, the tier to which such municipality shall be designated, and 171 
(3) if such oversight is deemed necessary, the length of time such 172 
municipality shall be subject to such oversight. In making the 173 
determination under subdivisions (1) to (3), inclusive, of this subsection, 174 
the board shall consider: (A) The referred or reported municipality's 175 
response, if any, to the evidence that accompanied such referral or 176 
citizen report, (B) the nature and severity of the alleged irregularity or 177 
impropriety, including whether any such irregularity or impropriety 178 
constitutes a violation of the provisions of chapter 151 or 151a of the 179 
general statutes, and (C) the frequency with which any such irregularity 180 
or impropriety appears to have occurred in such referred or reported 181 
municipality. The determination of the board under this subsection may 182 
be appealed in accordance with the provisions of chapter 54 of the 183 
general statutes. Any such appeal shall be privileged with respect to 184 
assignment. 185 
Sec. 3. (NEW) (Effective January 1, 2026) A referred municipality 186  Substitute Bill No. 1515 
 
 
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designated by the Municipal Election Accountability Board as a: 187 
(1) Tier I municipality shall be subject to oversight by the board 188 
consisting of (A) development by such municipality of a plan to mitigate 189 
the concerns that warranted such designation by the board, which shall 190 
be submitted to the board for approval and modification as required by 191 
the board, (B) mandatory training of election officials in election 192 
administration procedures and best practices, conducted by the office of 193 
the Secretary of the State or by a certified moderator, town clerk or 194 
registrar of voters, or a combination thereof, selected by the Secretary of 195 
the State, and (C) distribution by said office to such election officials of 196 
instruction or training manuals or other resources for promoting best 197 
practices in election administration. 198 
(2) Tier II municipality shall be subject to oversight by the board 199 
consisting of (A) the measures provided under subdivision (1) of this 200 
section for a Tier I municipality, and (B) regular contact with the 201 
municipality to ensure (i) compliance with the developed mitigation 202 
plan and timely achievement of the benchmarks set forth in such 203 
mitigation plan, (ii) attendance of election officials at all mandatory 204 
training, and (iii) distribution of manuals or resources in accordance 205 
with the provisions of subparagraph (C) of subdivision (1) of this 206 
section. 207 
(3) Tier III municipality shall be subject to oversight by the board 208 
consisting of (A) the measures provided under subdivision (2) of this 209 
section for a Tier II municipality, and (B) appointment of an election 210 
monitor (i) who shall be authorized to (I) conduct inspections, inquiries 211 
and investigations related to any duty or responsibility under title 9 of 212 
the general statutes to be carried out by any official of such municipality 213 
or appointee of such official, (II) have access to all records, data and 214 
material maintained by or available to any such official or appointee, 215 
and (III) immediately report to the Secretary of the State any irregularity 216 
or impropriety in the performance of any duty or responsibility 217 
described in subparagraph (B)(i)(I) of this subdivision, and (ii) who shall 218 
be provided, by such municipality, with any office space, supplies, 219  Substitute Bill No. 1515 
 
 
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equipment and services necessary to properly carry out such election 220 
monitor's duties and responsibilities. 221 
(4) Tier IV municipality shall be subject to oversight by the board 222 
consisting of the complete administration by the board of any election, 223 
primary or referendum in such municipality, and all procedures related 224 
to the orderly conduct of any such election, primary or referendum, 225 
notwithstanding the provisions of (A) titles 7 and 9 of the general 226 
statutes, (B) any special act, and (C) any charter or home rule ordinance 227 
adopted pursuant to chapter 99 of the general statutes. 228 
Sec. 4. (NEW) (Effective from passage) Not later than January 1, 2026, 229 
the Municipal Election Accountability Board shall adopt regulations, in 230 
accordance with the provisions of chapter 54 of the general statutes, as 231 
the board deems necessary to implement the provisions of sections 1 to 232 
3, inclusive, of this act. 233 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 January 1, 2026 New section 
Sec. 3 January 1, 2026 New section 
Sec. 4 from passage New section 
 
GAE Joint Favorable Subst.