LCO 1 of 8 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 LCO 2 of 8 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 LCO 3 of 8 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 LCO 4 of 8 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 LCO 5 of 8 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 LCO 6 of 8 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 LCO 7 of 8 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 LCO 8 of 8 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.