Bill Text: CT SB00942 | 2011 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning The Integrity Of Elections.

Spectrum: Moderate Partisan Bill (Democrat 15-2-1)

Status: (Passed) 2011-06-13 - Signed by the Governor [SB00942 Detail]

Download: Connecticut-2011-SB00942-Introduced.html

General Assembly

 

Raised Bill No. 942

January Session, 2011

 

LCO No. 3134

 

*03134_______GAE*

Referred to Committee on Government Administration and Elections

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING THE INTEGRITY OF ELECTIONS.

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

Section 1. Subsection (c) of section 9-229 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The secretary shall conduct certification sessions for moderators and alternate moderators each year at times and places to be determined by said secretary, provided at least eight such sessions shall be held each calendar year and at least one such session shall be conducted prior to every primary. The secretary shall certify each person who successfully completes an instructional session conducted in accordance with the provisions of subsection (b) of this section and an examination administered by the secretary, as eligible to serve as moderator or alternate moderator at any election or primary held during the time such certification is effective. Any such certification made on or after October 1, [1993] 2011, shall be effective for [four] two years from the date of such certification. Only those persons who attend and are thereby certified at such session shall be eligible to serve as moderators on election or primary day, except as provided in subsection (d) of this section or section 9-436. The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, as the secretary deems necessary to implement the certification process under this section.

Sec. 2. (NEW) (Effective from passage) (a) The registrars of voters and municipal clerk of each municipality shall jointly create an emergency contingency plan for elections, primaries and referenda to be held within such municipality. Such plan shall include, but not be limited to, (1) solutions for ballot shortages, and (2) strategies to implement in the event of (A) a shortage or absence of poll workers, (B) a loss of power, (C) a fire or the sounding of an alarm within a polling place, (D) voting machine malfunctions, (E) weather or other natural disasters, (F) the need to remove a poll worker or moderator and to replace such worker or moderator, and (G) disorder in and around the polling place.

(b) Such plan shall be submitted to the legislative body of such municipality for approval on or before October 1, 2012. Upon approval, such plan shall remain on file with the municipal clerk until such plan is amended jointly by the registrars of voters and municipal clerk and approved by the legislative body of the municipality. Any municipality that fails to create and adopt an emergency contingency plan on or before October 1, 2012, shall be deemed to have adopted the model plan provided for in regulations adopted pursuant to this section.

(c) Any such municipality that activates the emergency contingency plan established pursuant to this section shall provide a written report of such activation to the Secretary of the State not later than thirty days after such activation. Such report shall include the reason for such activation as well as the procedures in the emergency contingency plan that were activated and the outcome of such activation.

(d) The Secretary of the State shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, as the secretary deems necessary to implement the provisions of this section. Such regulations shall include a model plan that such municipalities may adopt.

Sec. 3. (NEW) (Effective from passage) The Secretary of the State, or the Secretary's designee, shall be allowed access to each polling place within the state during any municipal, state or federal election, primary or recanvass for the purpose of reviewing each polling place and recanvass for compliance with state and federal law.

Sec. 4. (NEW) (Effective from passage) (a) The registrar of voters of each municipality shall, not later than thirty-one days prior to each municipal, state or federal election or primary, certify to the Secretary of the State, in writing, the location of each polling place that will be used for such election or primary. Such certification shall detail the name, address, relevant contact information and corresponding federal, state and municipal districts associated with each polling place used for such election or primary.

(b) The registrar of voters of each municipality shall, prior to each municipal, state or federal election or primary provide a written report to the Secretary of the State setting forth the names and addresses of each moderator for each polling location disclosed pursuant to subsection (a) of this section.

(c) The Secretary of the State shall have the authority to disqualify any moderator appointed by the registrars of voters if, in the opinion of the Secretary, such moderator has committed material misconduct, material neglect of duty or material incompetence in the discharge of his or her duties as a moderator.

Sec. 5. (NEW) (Effective from passage) (a) The registrars of voters and municipal clerk from each municipality shall jointly certify in writing to the Secretary of the State the number of ballots for each polling place in the municipality that have been ordered for each election or primary to be held within such municipality. Such certification shall be provided to the Secretary of the State not later than thirty-one days prior to an election or twenty-one days prior to a primary and shall specify that such officials have reviewed the historical turnout for each polling place in the municipality for the past four elections of similar nature to the election to be held and that they have taken into account any other relevant factors that may be unique to each polling place in their municipality.

(b) Any registrar of voters and municipal clerk who does not submit the certification as set forth in subsection (a) of this section shall be required to order a number of ballots equal to the total number of registered voters in their respective municipality for such election or primary.

(c) The registrars of voters and municipal clerk may apply to the Secretary of the State for a waiver from the requirements of subsections (a) and (b) of this section. Such waiver request shall be submitted to the Secretary of the State, in writing, not later than the forty-fifth day before the election or the thirtieth day before the primary to be held and shall demonstrate good cause for such waiver. Not later than five days after receipt of such waiver request, the Secretary shall notify, in writing, the municipal clerk requesting a waiver of the Secretary's response.

(d) The Secretary of the State shall have the authority to reject the certification submitted pursuant to subsection (a) of this section. If the Secretary of the State rejects such certification, the Secretary shall provide the reasons for such rejection in writing. Such rejection by the Secretary shall require the municipality in question to follow the provisions of subsection (b) of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

9-229(c)

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Statement of Purpose:

To preserve the integrity of elections by requiring municipalities to have emergency plans to counter potential issues that may arise on election day, to permit the Secretary of the State increased access and oversight to polling places and to require municipalities to certify the amount of ballots ordered for each polling place, based upon historical turnout and other relevant factors.

[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.]

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