You asked for a legislative history of the provision in PA 02-83 that established the statutory Voter's Bill of Rights.

SUMMARY

The concept of a Voter's Bill of Rights originated in HB 5699, which was referred to the Government Administration and Elections (GAE) Committee. That bill, cited as the "Connecticut Voting Reform Act," included numerous provisions on casting a provisional ballot, voting machine standards and use, ballot design, mandatory town participation in the statewide computerized voter registration system, training and manuals for polling place officials, voter education, and the study of election administration. It also included the proposal defining the Voter's Bill of Rights and required its dissemination. After the GAE Committee held a public hearing on the legislation, it died in committee.

The single Voter's Bill of Rights provision, however, was adopted as a House amendment and enacted as part of "An Act Requiring Notification of Voting or Voting Registration to Conservators of Residents in Certain Institutions," sHB 5258. That measure, as amended, passed to become PA 02-83, "An Act Requiring Notification of Voting or Voting Registration to Conservators of Residents in Certain Institutions, Mail-In Voter Registration Procedures, and Service by Municipal Employees on Municipal Boards and Commissions. "

ORIGINAL PROVISIONS OF HB 5699

The original raised committee bill (HB 5699, copy attached), which was the subject of a public hearing on February 20, 2002:

1. declared that it is state policy to guarantee the right to vote and to count all legal votes;


2. required posting of a six-point Voter's Bill of Rights at each polling place;


3. permitted any voter waiting in line when the polls close to cast a ballot;


4. established the right to, and procedures for, casting a provisional ballot;


5. established standards for electronic and optical scan voting machines that the secretary of the state approves for use in Connecticut, including accessibility requirements for people with disabilities;


6. allowed the use of other optical scan machines or hand counting for absentee ballots, provisional ballots, and in small towns;


7. required the secretary to design a uniform ballot for each approved voting machine that registrars of voters had to follow;


8. required registrars to participate in and use the secretary's statewide voter registration database;


9. required all polling place officials to have taken, within the past two years, a training course that the secretary conducts with the town's registrars;


10. required the secretary to create, adopt by regulation, and distribute a manual describing uniform polling place procedures;


11. required the secretary to adopt regulations prescribing minimum standards for nonpartisan voter education;


12. created a penalty for violating the provisions on poll worker training, the procedure manual, and voter education; and


13. required the State Elections Enforcement Commission (SEEC) to study the administration of every regular election, make recommendations for improvement, and report to the General Assembly.

HOUSE AMENDMENT TO HB 5258

On May 2, 2002, Representative O'Rourke moved to consider sHB 5258 and explained House Amendment "B" (LCO 4616). House "B" added the provisions on (1) the Voter's Bill of Rights posters and (2) the voter registration application receipt. It removed from the underlying bill an absentee ballot application from the type of voting activity for which a conservator or guardian must receive notice.

Representative O'Rourke had withdrawn House "A" (LCO 4534), which was the same as House "B" except that it included the SEEC election study from the original version of HB 5699. Representative O'Rourke withdrew that amendment to avoid delaying the bill, which would then have to go to the Legislative Management Committee. Representative Hamzy urged support of the amendment. There was no other explanation or discussion. The House approved the amendment by a voice vote.

The Senate approved sHB 5258, as amended, on its consent calendar on May 6.

PA 02-83

In addition to including the Voter's Bill of Rights provision, which became effective upon passage (June 3, 2002), the final version of this legislation (1) creates a receipt for people who register to vote using the so-called "mail-in" voter registration application form provided by the Department of Motor Vehicles (DMV) or a state voter registration agency and (2) permits a person to vote whose name is not on the official checklist but who has such a receipt and identification.

It also requires administrators of certain institutions, residential facilities for people with mental retardation, and community residences to use their best efforts to notify probate court-appointed conservators and guardians when voting or voter registration opportunities are presented to their facility residents. The act permits the administrators to give the same notice to people with a power of attorney for a resident. The notification requirement does not apply when a member of the resident's immediate family gives him an absentee ballot application or takes him to a polling place to vote.

Finally, the act expands the number of municipal offices that a municipal employee can hold if the town adopts an ordinance to permit it.

Voter's Bill of Rights

The act requires the secretary of the state to distribute to municipalities posters listing the Voter's Bill of Rights. The posters must be at least 18" by 24" and be conspicuously placed in every polling place. The act includes the wording of the Voter's Bill of Rights that inform voters that they have the right to:

1. inspect a sample ballot,

2. receive instruction on how to operate voting equipment,

3. cast a ballot as long as they are in line to vote when the polls close,

4. ask for and receive assistance,

5. vote free from coercion or intimidation, and

6. cast a ballot using equipment that accurately counts all votes.

The poster must be printed and assistance given in a language other than English where federal and state law requires ballots to be available in another language. Sample ballots must be available at all polling places and voters can inspect them before voting. Finally, under the act, anyone waiting in line when the polls close must be allowed to cast a ballot.

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