January 20, 2005 |
2005-R-0066 | |
AUTHORITY TO APPROVE VOTING SYSTEMS IN CONNECTICUT | ||
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By: Kristin Sullivan, Research Analyst | ||
You asked if the secretary of the state has sole authority to determine which voting machines and software (voting system) the state uses or if the General Assembly can vote on legislation pertaining to voting system selection and use. You also asked for recent bills about voting systems.
The secretary of the state, not the General Assembly, is legally responsible for approving voting machines for use in the state, including the adoption of regulations for examining and approving them (CGS § 9-241). She is, however, bound by both federal and state laws that dictate voting system standards.
Under § 301 of the Help America Vote Act (HAVA) (P. L. 107-252), the technology and administration of every voting system used in federal elections must meet uniform and nondiscriminatory requirements by January 1, 2006. Among other things, systems must (1) permit voters to verify their selections, notify them of overvotes, and allow them to change their votes or correct an error before casting the ballot, (2) have a paper audit capacity, (3) be accessible to all individuals with disabilities and allow voters to vote independently and in private through the use of at least one direct recording electronic or properly equipped voting system at each polling place, and (4) provide alternative language accessibility as required by the Voting Rights Act.
State law requires voting machines to be accurate, efficient, afford secrecy, and maintain a specified ballot layout. The machines must (1) provide facilities for voting for candidates of at least nine different parties, (2) come with a locking device that prevents illegal movement of its voting or registering mechanism, (3) prevent electors from voting on candidates or propositions when they are not eligible to do so, (4) prevent them for voting twice for the same candidate or voting for two candidates to the same office, and (5) directly register or record all votes cast on them (CGS § 9-242).
Despite the secretary of the state’s authority to certify voting machines for use in Connecticut, the General Assembly can pass laws that affect the requirements of such systems. A survey of legislation from 2000 to 2004 shows that the Assembly considered several bills during that period that stood to impact voting system authorization. Among other things, the bills (1) required the General Assembly to approve new types of voting machines before the secretary of the state certifies them, (2) banned the use of punch card voting systems, and (3) stipulated that approved voting machines must produce a voter-verified paper record. Table 1 provides an overview of these bills, as well as the public act number if it passed.
Table 1: Connecticut Bills that Affect Voting Systems (2000 to 2004)
Bill |
Year |
Title |
Impact on Voting Systems |
Status |
HB 5125 |
2001 |
An Act Concerning Voting Technology, the State-Wide Centralized Voter Registration System and the Prevention of Fraud in the Use of Presidential Ballots |
Required the General Assembly to approve a new type of voting machine before the secretary of the state adopted regulations designating a new type of machine for statewide use and banned the use of punch card voting machines at any election, primary, or referendum. |
Dead |
HB 7507 |
2001 |
An Act Concerning the Expenditures of the Office of Policy and Management |
Established a commission to study and recommend voting technology; permitted towns to use new voting machines on a pilot basis during the November 2001 municipal election. |
PA 01-9 |
SB 281 |
2001 |
An Act Concerning Voting Technology |
Permitted towns to use new voting machines on a pilot basis during the November 2001 municipal election, allowed the secretary to provide grants for it, and banned the use of punch card voting machines. |
Dead |
-Continued-
Bill |
Year |
Title |
Impact on Voting Systems |
Status |
sSB 380 |
2002 |
An Act Authorizing a Demonstration Project for the Use of Electronic Equipment for the Casting and Counting of Ballots and Prohibiting the Use of Punch-Card Voting Machines |
Permitted the secretary of the state to conduct a demonstration project using electronic voting machines in the 2002 election; prohibited her from approving, and banned the use of, punch-card voting machines. |
Dead |
SB 88 |
2003 |
An Act Concerning a Demonstration Project for the Use of Electronic Equipment for the Casting and Counting of Ballots and Prohibiting the Use of Punch-Card Voting Machines |
Prohibited the secretary of the state from approving, and banned the use of, punch-card voting machines and required her to conduct a demonstration project of electronic voting equipment. |
PA 03-7 (CGS § 9-241) |
SB 388 |
2004 |
An Act Promoting Voting System Accuracy, Integrity and Security Through Voter-Verified Permanent Records or Hard Copies |
Stipulated that voting machines approved by the secretary of the state must produce a voter-verified paper record. |
Dead |
KS: ts