Bill Text: CT SB00898 | 2017 | General Assembly | Introduced

Connecticut Senate Bill 898 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning Modifications And Revisions To Election Administration Laws.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-03-02 - Public Hearing 03/06 [SB00898 Detail]

Download: Connecticut-2017-SB00898-Introduced.html


General Assembly		*Raised Bill No. 898*
*January Session, 2017*		LCO No. 4258
		04258_______GAE
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT CONCERNING MODIFICATIONS AND REVISIONS TO ELECTION ADMINISTRATION LAWS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsections (b) and (c) of section 9-242 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(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. 2. Section 9-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

The Secretary of the State, in addition to other duties imposed by law, shall, as [such commissioner] 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 July 1, 2017, publish and permanently archive on the Internet web site of the office of the Secretary of the State any declaratory ruling, opinion or interpretation of the Secretary concerning any such regulation or instruction; (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. 3. Subdivision (3) of subsection (a) of section 9-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(3) Once certified, pursuant to subdivision (1) of this subsection, each registrar shall participate each year in not less than eight hours of training, not including any training described under subdivision (2) of subsection (d) of this section, in order to maintain such certification. Such training shall be as prescribed by the Secretary of the State and shall be conducted by [said] the Secretary, the Registrars of Voters Association of Connecticut, or its successor organization, or a third party approved by [said] the Secretary to conduct such training. At least four such hours of training shall be through sessions or conferences at which such training is conducted in person. Any registrar who fails to satisfy such annual training requirement shall be directed by the Secretary of the State to take remedial measures prescribed by [said] the Secretary.

Sec. 4. Subsection (b) of section 9-320f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(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.

Sec. 5. Section 9-261c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

The Secretary of the State shall review [, in consultation and coordination with The University of Connecticut, electronic devices that could] electronic devices developed to assist official checkers in checking the names of electors pursuant to section 9-234 or any regulation adopted pursuant to this chapter and may consult with experts in the field of election administration technology regarding such review. Not later than [September 1, 2015] July 1, 2017, the Secretary shall include on a list any such device that the Secretary approves and shall make such list available to municipalities in a manner determined by the Secretary. The Secretary may add or remove a device from such list, as the Secretary determines such addition or removal is necessary.

Sec. 6. (NEW) (Effective July 1, 2017) Not later than two months prior to any election, primary or referendum at which any new technology approved by the Secretary of the State is to be initially used, the Secretary shall conduct training on the proper use of such new technology and shall provide appropriate materials to accompany such training.

Sec. 7. Subsection (c) of section 9-400 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(c) For the purposes of this section, the number of enrolled members of a party shall be determined by the latest enrollment records in the office of the Secretary of the State prior to the earliest date that primary petitions were available, and the name of any person who submits an application for admission as an elector and enrollment in a party after such date and that appears on any petition page filed with the Secretary by a registrar pursuant to this section shall not be included in such determination of the number of enrolled members of such party and shall not be counted for purposes of computing the number of petition signatures required under this section. The names of electors on the inactive registry list compiled under section 9-35 shall not be counted for purposes of computing the number of petition signatures required under this section, as provided in section 9-35c.

Sec. 8. Subsection (a) of section 9-404c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(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] on the earliest date such petition was available as provided in section 9-404a, 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, on the earliest date such petition was available as provided in section 9-404a. 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. 9. Section 9-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) A candidacy for nomination by a political party to a municipal office or a candidacy for election as a member of a town committee may be filed by or on behalf of any person whose name appears upon the last-completed enrollment list of such party within the senatorial district within which a person is to be nominated in the case of the municipal office of state senator, or the assembly district within which a person is to be nominated in the case of the municipal office of state representative, or the municipality or political subdivision within which a person is to be nominated in the case of a town committee member or for any other municipal office. Any such candidacy shall be filed by filing with the registrar within the applicable time specified in section 9-405 a petition signed by (1) at least five per cent of the electors whose names appear upon the last-completed enrollment list of such party in such municipality or in such political subdivision, senatorial district or assembly district, or (2) such lesser number of such electors as such party by its rules prescribes, as the case may be.

(b) For the purpose of computing five per cent of the last-completed enrollment list, the registrar shall use the last printed enrollment list and the printed updated list, if any, of a political party certified and last completed by the registrars of voters prior to the [date the first primary petition was issued] earliest date that primary petitions were available, excluding therefrom the names of individuals who have ceased to be electors and of individuals who have submitted an application for admission as an elector and enrollment in a party after such date.

Sec. 10. Section 9-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

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] on the earliest date such petition was available as provided in section 9-409, 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, on the earliest date such petition was available as provided in section 9-409. 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 does not contain the certifications provided in section 9-410, or which 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.


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2017	9-242(b) and (c)
Sec. 2	July 1, 2017	9-4
Sec. 3	July 1, 2017	9-192a(a)(3)
Sec. 4	July 1, 2017	9-320f(b)
Sec. 5	July 1, 2017	9-261c
Sec. 6	July 1, 2017	New section
Sec. 7	July 1, 2017	9-400(c)
Sec. 8	July 1, 2017	9-404c(a)
Sec. 9	July 1, 2017	9-406
Sec. 10	July 1, 2017	9-412

Statement of Purpose:

To (1) classify as "unassigned" the multiple votes an elector may cast on the ballot for cross-endorsed candidates, (2) require the Secretary of the State to publish and archive on the Internet any declaratory ruling, opinion or interpretation of the Secretary concerning any regulation or instruction for the conduct of elections, (3) make changes to current practices of training registrars of voters, (4) require selection of districts for audit to take place within seventy-two hours after an election or primary, (5) permit the Secretary to consult experts in the field of election administration technology in reviewing certain electronic devices used at elections, (6) require the Secretary to provide training on any new technology to be used at an election prior to such election, and (7) clarify dates certain after which new enrollees in a party may not be used computing the number of signatures required on nominating petitions.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]