Bill Text: CT SB00410 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Creating Efficiencies And Reducing Confusion In Statutes Concerning Elections.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-12 - File Number 473 [SB00410 Detail]
Download: Connecticut-2018-SB00410-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____SB00410GAE___032618____* |
AN ACT CREATING EFFICIENCIES AND REDUCING CONFUSION IN STATUTES CONCERNING ELECTIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 9-404c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Upon the receipt of any page of a petition proposing a candidacy for a state or district office, the registrar shall forthwith sign and give to the person submitting the petition a receipt, in duplicate, stating the number of pages filed and the date and time of filing. The person or the candidate shall forthwith send one copy of the receipt to the Secretary of the State. The registrar of voters shall forthwith (1) indicate on each such petition page the date and time of filing, [shall forthwith] (2) certify on each such page the number of signers of the page who were enrolled on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be, [and shall forthwith] or who enrolled in such party between the completion of such list and the certification by such registrar, and (3) file such certified page in person or by mail, as described in section 9-140b, with the Secretary [within] not later than seven days after receipt of the page. In checking the signatures on primary petition pages, the registrar shall reject any name [which] that does not appear on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be. Such rejection shall be indicated by placing a mark in a manner prescribed by the Secretary before the name rejected. The registrar may place a check mark before each name appearing on the enrollment list to indicate approval but shall place no other mark on the page except as provided in this chapter. The registrar shall not reject any name for which the street address on the petition is different from the street address on the enrollment list, if [(1)] (A) such person is eligible to vote for the candidate or candidates named in the petition in the municipality of the registrar, and [(2)] (B) the person's date of birth, as shown on the petition page, is the same as the date of birth on the person's registration record.
Sec. 2. Section 9-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
Upon the receipt of any page of a petition proposing a candidacy for a municipal office or for member of a town committee, the registrar shall forthwith (1) sign and give to the person submitting the petition a receipt in duplicate, stating the number of pages filed and the date and time of filing, [and shall forthwith] (2) certify on each such page the number of signers on the page who were enrolled on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be, [and shall forthwith] or who enrolled in such party between the completion of such list and the certification by such registrar, and (3) file such certified page in person or by mail, as described in section 9-140b, with the clerk of the municipality, together with the registrar's certificate as to the whole number of names on the last-completed enrollment list of such party in such municipality or political subdivision, as the case may be, not later than seven days after receipt of the page. If such page involves a municipal office to be voted upon at a state election, such registrar shall also file a certificate, on a form prescribed by the Secretary of the State, that includes the name and full street address of each candidate and the title and district of such office not later than seven days after receipt of such page. In checking signatures on primary petition pages, the registrar shall reject any name [if such name] that does not appear on the last-completed enrollment list in the municipality or political subdivision, as the case may be. Such rejection shall be indicated by placing a mark in a manner prescribed by the Secretary before the name so rejected. The registrar may place a check mark before each name appearing on the enrollment list to indicate approval but shall place no other mark on the page except as provided in this chapter. The registrar shall not reject any name for which the street address on the petition is different from the street address on the enrollment list, if [(1)] (A) such person is eligible to vote for the candidate or candidates named in the petition, and [(2)] (B) the person's date of birth, as shown on the petition page, is the same as the date of birth on the person's registration record. The registrar shall reject any page of a petition [which] that does not contain the certifications provided in section 9-410, or [which] that the registrar determines to have been circulated in violation of any other provision of section 9-410. Petitions filed with the municipal clerk shall be preserved for a period of three years and then may be destroyed.
Sec. 3. Subsections (b) and (c) of section 9-242 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(b) [It] Any such voting tabulator shall be so constructed as to prevent an elector from voting for more than one person for the same office, except when the elector is lawfully entitled to vote for more than one person for that office, and [it] such voting tabulator shall afford the elector an opportunity to vote for only as many persons for that office as the elector is by law entitled to vote for, at the same time preventing the elector from voting for the same person twice. [It] Such voting tabulator shall be so constructed that all votes cast will be registered or recorded by the tabulator. In the event that a candidate is cross endorsed and an elector casts more than one vote for such candidate, such vote shall be deemed an unassigned vote and shall be attributed by the head moderator to the endorsing parties as provided for in this subsection. The head moderator shall (1) determine the percentage of all attributable votes the candidate received that are attributable to each endorsing party, (2) determine the number of ballots upon which an elector voted for the candidate more than once, and (3) apply the percentage determined under subdivision (1) of this subsection for an endorsing party to the total determined under subdivision (2) of this subsection. The resulting number from the calculation under subdivision (3) of this subsection shall be the number of votes the head moderator attributes to the endorsing party associated with the percentage used in the calculation under subdivision (3) of this subsection. The head moderator shall repeat the calculation in subdivision (3) of this subsection for each endorsing party. For any result under subdivision (3) of this subsection that is a fractional number, the head moderator shall round such result to the nearest whole number, provided a half number shall be rounded to the next highest whole number, and provided further that each such endorsing party with a percentage greater than zero under subdivision (1) of this subsection shall [receive] be attributed at least one such vote, with the remaining parties receiving a proportional reduction in votes, if necessary. If any vote remains that [can not] cannot be evenly attributed to such parties, such vote shall be attributed to the endorsing party with the most votes.
(c) Notwithstanding the provisions of subsection (b) of this section, the Secretary of the State may approve a voting tabulator which requires the elector in the polls to place the elector's ballot into the recording device and which meets the voluntary performance and test standards for voting systems adopted by (1) the Federal Election Commission on January 25, 1990, as amended from time to time, or (2) the Election Assistance Commission pursuant to the Help America Vote Act of 2002, P.L. 107-252, 42 USC 15481-85, as amended from time to time, whichever standards are most current at the time of the Secretary of the State's approval, and regulations which the Secretary of the State may adopt in accordance with the provisions of chapter 54, provided the voting tabulator shall (A) warn the elector of overvotes, (B) not record overvotes, and (C) not record more than one vote of an elector for the same person for an office. In the event that a candidate is cross endorsed and an elector casts more than one vote for such candidate, such vote shall be deemed an unassigned vote and shall be attributed by the head moderator to the endorsing parties as provided for in this subsection. The head moderator shall (i) determine the percentage of all attributable votes the candidate received that are attributable to each endorsing party, (ii) determine the number of ballots upon which an elector voted for the candidate more than once, and (iii) apply the percentage determined under subparagraph (C)(i) of this subsection for an endorsing party to the total determined under subparagraph (C)(ii) of this subsection. The resulting number from the calculation under subparagraph (C)(iii) of this subsection shall be the number of votes the head moderator attributes to the endorsing party associated with the percentage used in the calculation under subparagraph (C)(iii) of this subsection. The head moderator shall repeat the calculation in subparagraph (C)(iii) of this subsection for each endorsing party. For any result under subparagraph (C)(iii) of this subsection that is a fractional number, the head moderator shall round such result to the nearest whole number, provided a half number shall be rounded to the next highest whole number, and provided further that each such endorsing party with a percentage greater than zero under subparagraph (C)(i) of this subsection shall [receive] be attributed at least one such vote, with the remaining parties receiving a proportional reduction in votes, if necessary. If any vote remains that [can not] cannot be evenly attributed to such parties, such vote shall be attributed to the endorsing party with the most votes.
Sec. 4. Section 9-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):
The Secretary of the State, in addition to other duties imposed by law, shall, as [such commissioner] the Commissioner of Elections of the state, (1) advise local election officials in connection with proper methods of conducting elections and referenda as defined in subsection (n) of section 9-1, and, upon request of a municipal official, matters arising under chapter 99; (2) prepare regulations and instructions for the conduct of elections, as designated by law, and, on and after January 1, 2019, publish and permanently archive on the Internet web site of the office of the Secretary of the State any declaratory ruling or opinion of the Secretary issued pursuant to section 9-3 on or after said date; (3) provide local election officials with a sufficient number of copies of election laws pamphlets and materials necessary to the conduct of elections; (4) distribute all materials concerning proposed laws or amendments required by law to be submitted to the electors; (5) recommend to local election officials the form of registration cards and blanks; (6) determine, in the manner provided by law, the forms for the preparation of voting tabulators, for the recording of the vote and the conduct of the election and certification of election returns; (7) prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the Constitution to be submitted to the electors of the state; (8) certify to the several boards the form of official ballots for state and municipal offices; (9) provide the form and manner of filing notification of vacancies, nomination and subsequent appointment to fill such vacancies; (10) prescribe, provide and distribute absentee voting forms for use by the municipal clerks; (11) examine and approve nominating petitions filed under section 9-453o; and (12) distribute corrupt practices forms and provide instructions for completing and filing the same.
Sec. 5. Subsection (b) of section 9-320f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(b) The voting districts subject to an audit described in subsection (a) of this section shall be selected in a random drawing by the Secretary of the State. [and such] Such selection process shall be open to the public and take place not later than seventy-two hours after any election or primary. The offices subject to an audit pursuant to this section shall be, (1) in the case of an election where the office of presidential elector is on the ballot, all offices required to be audited by federal law, plus one additional office selected in a random drawing by the Secretary of the State, but in no case less than three offices, (2) in the case of an election where the office of Governor is on the ballot, all offices required to be audited by federal law, plus one additional office selected in a random drawing by the Secretary of the State, but in no case less than three offices, (3) in the case of a municipal election, three offices or twenty per cent of the number of offices on the ballot, whichever is greater, selected at random by the municipal clerk, and (4) in the case of a primary election, all offices required to be audited by federal law, plus one additional office, if any, but in no event less than twenty per cent of the offices on the ballot, selected in a random drawing by the municipal clerk.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2018 |
9-404c(a) |
Sec. 2 |
July 1, 2018 |
9-412 |
Sec. 3 |
July 1, 2018 |
9-242(b) and (c) |
Sec. 4 |
January 1, 2019 |
9-4 |
Sec. 5 |
July 1, 2018 |
9-320f(b) |
Statement of Legislative Commissioners:
In Section 2, in the penultimate sentence, "which" was changed to "[which] that" for consistency.
GAE |
Joint Favorable Subst. |