File No. 458

Senate, April 17, 2012

The Committee on Government Administration and Elections reported through SEN. SLOSSBERG of the 14th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING CHANGES TO ELECTIONS LAWS.

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

Section 1. (NEW) (Effective from passage) Whenever a complaint is made, in writing, to the State Elections Enforcement Commission that a registrar of voters of any town is guilty of misconduct, wilful and material neglect of duty or incompetence in the conduct of such registrar's office, said commission shall investigate the charges as the commission deems proper and shall, if of the opinion that the evidence obtained warrants such action, prepare a statement, in writing, of the charges against such registrar of voters, together with a citation in the name of the state, commanding such registrar of voters to appear before a judge of the Superior Court at a date named in such citation and show cause, if any, why such registrar should not be removed from office as provided in this section. Said commission shall cause a copy of such statement and citation to be served by the proper officer upon the defendant not later than ten days before the date of appearance named in such citation, and the original statement and citation, with the return of the officer on such statement and citation, shall be returned to the clerk of the superior court for the judicial district within which such town is situated. To carry out the provisions of this section, the commission shall have power to summon witnesses, require the production of necessary books, papers and other documents and administer oaths to witnesses. Upon the day named in such citation for the appearance of such registrar of voters, or upon any adjourned day fixed by the judge before whom such proceedings are pending, the commission shall appear and conduct the hearing on behalf of the state. If, after a full hearing of all the evidence offered by the commission and by and in behalf of the defendant, the judge is of the opinion that the evidence presented warrants the removal of such registrar of voters, the judge shall cause to be prepared a written order to that effect, which shall be signed by the judge and lodged with the clerk of the superior court for the judicial district in which the defendant resides. Such clerk of the superior court shall cause a certified copy of such order to be served forthwith upon such registrar of voters, and upon such service the office held by such registrar of voters shall become vacant and the vacancy shall be filled in the manner provided in section 9-192 of the general statutes. Any witnesses summoned and any officer making service under the provisions of this section shall be allowed and paid by the state the same fees as are allowed by law in criminal prosecutions.

Sec. 2. Subsection (a) of section 9-7b of the 2012 supplement to the general statutes is amended by adding subdivision (19) as follows (Effective from passage):

(NEW) (19) To carry out an investigation of a registrar of voters in accordance with the provisions of section 1 of this act.

Sec. 3. Subsection (a) of section 9-7a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established, within the Office of Governmental Accountability established under section 1-300, a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. (1) Of the members first appointed [hereunder] under this subsection, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first; [,] and one shall be appointed by the Governor, provided [that] such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first, except members appointed on or after July 1, 2011. (2) On and after July 1, 2011, the first member appointed by each office holder described in this subsection shall be appointed for a term of two years and nine months from July first of the year of appointment, provided if the first member appointed by an office holder on or after July 1, 2011, is an appointment to fill a vacancy, such appointment shall be only for the unexpired term of the member whom he or she shall succeed, and the next member appointed by that office holder shall be appointed for a term of two years and nine months from July first of the year of that member's appointment. After the initial appointments for full terms made on or after July 1, 2011, members shall be appointed for terms of three years from [July] April first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she shall succeed. [On and after July 1, 2011, no] No member serving on July 1, 2011, may serve more than one additional consecutive term and no member appointed after said date may serve more than two consecutive terms, except that any such member, [serving on said date] at the expiration of the member's final term, may serve until a successor is appointed and has qualified. All appointments shall be made with the consent of the state Senate and House of Representatives. No person who has served within the previous three years as a public official, other than as a member of the State Elections Enforcement Commission, or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection, the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of two hundred dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help.

Sec. 4. Subsection (a) of section 9-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons who, during the preceding calendar month, have been convicted in the Superior Court of a felony and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence. Such lists shall include the names, birth dates and addresses of such persons, with the dates of their conviction and the crimes of which such persons have been convicted. The Secretary of the State shall transmit such lists to the registrars of the towns in which such convicted persons resided at the time of their conviction and to the registrars of any towns where the secretary believes such persons may be electors. The registrars of such towns shall compare the same with the list of electors upon their registry lists and, after written notice mailed [by certified mail to each of the persons named at the last-known place of address of] to each such person, in care of the Department of Correction, shall erase such names from the registry lists in their respective towns or voting districts.

Sec. 5. Section 9-6 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Each registrar of voters or, in the absence of a registrar, the deputy registrar of voters, and each municipal clerk or, in the absence of a municipal clerk, one of the assistant municipal clerks shall be compensated by the municipality which the registrar or clerk represents, as provided [for] in this section, for attending two conferences a year for town clerks and registrars of voters which may be called by the Secretary of the State for the purpose of discussing the election laws [,] or procedures or matters related [thereto] to such laws or procedures, including, but not limited to, compliance with the provisions of section 9-322a, as amended by this act.

(b) Each such official shall be compensated by the municipality at the rate of thirty-five dollars per day for attending each such conference, plus mileage to and from such conference at a rate per mile determined by the municipality, but not less than twenty cents per mile, computed from the office of such official or, if [he] such official has no office, from [his] such official's home to the place where such conference is being held.

Sec. 6. Section 9-169g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) The town clerk of any municipality (1) which is divided between two or more assembly districts, two or more senatorial districts or two or more congressional districts, or (2) which is not divided between any such districts but is divided into two or more voting districts for General Assembly or congressional elections, shall submit to the Secretary of the State a street map of the municipality which indicates the boundary lines of the voting districts established by the municipality in accordance with sections 9-169, 9-169a and 9-169d. The town clerk shall submit such map to the [secretary in a printed or electronic format prescribed by the secretary] Secretary (A) not later than thirty days after any such division first takes effect, and (B) not later than thirty days after any change in any such division takes effect. Each town clerk shall submit such map in electronic format, when possible, but may submit such map in printed format when electronic submission is not possible.

(b) The Secretary of the State shall make such maps available to the General Assembly, for use by the General Assembly in carrying out its responsibilities under (1) Article XXVI of the Amendments to the Constitution of Connecticut, or any subsequent corresponding state constitutional provision, with regard to the redistricting of assembly, senatorial and congressional districts, and (2) Public Law 94-171, concerning the establishment of a plan identifying the geographic areas for which specific tabulations of population are desired in the decennial census of the United States.

(c) Any town clerk who fails to comply with the provisions of subsection (a) of this section shall be fined twenty dollars.

Sec. 7. Section 9-322a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Not later than twenty-one days following each regular state election, the town clerk of each town divided into voting districts shall file with the Secretary of the State a consolidated listing, in tabular format, as prescribed by the Secretary of the State, of the official returns of each such voting district for all offices voted on at such election, including the total number of votes cast for each candidate, the total number of names on the registry list, and the total number of names checked as having voted, in each such district. The town clerk of such town shall certify that he or she has examined the lists transmitted under this section to determine whether there are any discrepancies between the total number of votes cast for a candidate at such election in such town, including for any recanvass conducted pursuant to section 9-311 or 9-311a, and the sum of the votes cast for the same candidate in all voting districts in such town. In the case of any such discrepancy, the town clerk shall notify the head moderator and certify that such discrepancy has been rectified. Each listing filed under this section shall be retained by the Secretary of the State not less than ten years after the date of the election for which it was filed.

(b) Each town clerk shall electronically file the consolidated listing required under subsection (a) of this section, provided the town has provided the town clerk with access to a computer. Nothing in this subsection shall be construed to require a town to purchase a computer.

(c) Any town clerk who fails to comply with the provisions of this section shall be fined twenty dollars.

Sec. 8. Subdivision (2) of subsection (a) of section 9-159q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) "Designee" means an elector of the same town and political party as the appointing registrar of voters which elector (A) is not an employee of the institution at which supervised voting is conducted, and (B) did not solicit qualifying contributions under chapter 157 for any candidate on the ballot during the election cycle in which any such candidate is seeking nomination or election to office.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact:

Explanation

There is a potential savings to various municipalities associated with the requirement to submit district maps and election results electronically. Municipalities which currently submit these documents by mail would incur minimal savings associated with reduced printing and mailing expenses.

The bill makes several other changes which have no fiscal impact.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sSB 437

AN ACT CONCERNING CHANGES TO ELECTIONS LAWS.

SUMMARY:

This bill changes election laws affecting registrars of voters, State Elections Enforcement Commission (SEEC) members, submissions of local voting district returns and maps, and supervised absentee balloting designees. Generally, it:

1. establishes a process for removing registrars of voters from office;

2. modifies the restriction on SEEC commissioners serving consecutive terms and changes the terms' start date from July 1 to April 1;

3. requires registrars of voters to mail notices (but not by certified mail) to newly convicted felons at the Department of Correction, rather than their last-known address, indicating that they will be removed from the voter registry list (§ 4);

4. requires town clerks to submit local voting district returns and maps electronically, when possible; and

5. prohibits individuals from serving as supervised absentee balloting designees at an optional session if, during the current election cycle, they solicited qualifying contributions for a candidate who is on the ballot and participating in the Citizens' Election Program (§ 8) (see BACKGROUND).

The bill also makes technical and conforming changes.

EFFECTIVE DATE: Upon passage, except the (1) provision on mailing notices to convicted felons is effective July 1, 2012 and (1) provisions on electronic submission of voting district returns and maps are effective October 1, 2012.

REGISTRARS OF VOTERS (§§ 1, 2)

The bill establishes a process for removing registrars of voters from office that is similar to existing law's process for removing town clerks from office (CGS § 7-22).

Under the bill, the SEEC must investigate written complaints as it deems proper against registrars of voters for misconduct, willful and material neglect of duty, or incompetence in office. It must prepare a written statement charging the registrar, if in its opinion the evidence warrants such action. The statement must include a citation commanding the registrar to appear in Superior Court on a specified date to show cause why he or she should not be removed from office. The registrar must be served with a copy of the statement and citation by a proper officer at least 10 days before the court date. Original copies go to the Superior Court clerk in the judicial district where the town is located.

The SEEC must represent the state in court. If after a full hearing the judge orders removal from office, the clerk must cause the registrar to be served with a certified copy of the order. When the order is served, the office becomes vacant. By law, the deputy registrar fills the vacancy and appoints a new deputy.

To carry out these provisions, the bill authorizes the SEEC to summon witnesses, receive documentary evidence, and administer oaths.

SEEC COMMISSIONERS (§ 3)

The bill lifts the current restriction on SEEC commissioners serving consecutive terms. It thus authorizes commissioners serving on July 1, 2011 to serve one additional consecutive term and those appointed after that date to serve up to two consecutive terms. The law, unchanged by the bill, allows commissioners to serve after their final term expires until a successor is appointed.

The bill also changes the start and end dates of commissioners' terms so that they run from April 1 to March 31, rather than from July 1 to June 30. To align terms with these new dates, the bill requires that the first member appointed by each appointing authority (e.g., the governor and legislative leaders) on or after July 1, 2011 serve for two years and nine months, rather than the three-year term otherwise prescribed by law, with one exception. Vacancy appointments continue to serve for the term's unexpired portion.

VOTING DISTRICT ELECTION RETURNS AND MAPS (§§ 6, 7)

By law, town clerks divided between two or more legislative or Congressional districts or with more than one voting district must file with the secretary of the state (1) election returns for each voting district in a specified tabular format no later than 21 days following a regular state election and (2) local voting district maps no later than 30 days after any boundary change. (Moderators are responsible for submitting town-wide returns to the secretary by midnight on Election Day or 6:00 PM the next day.) Currently, clerks may submit voting district returns and maps in electronic or hard copy form.

The bill requires town clerks with access to a computer to file local voting district returns electronically. It similarly requires town clerks to submit voting district maps in electronic form, when possible. It establishes a $20 fine for town clerks who fail to comply with existing law's filing deadlines and the bill's electronic filing requirements.

Finally, the bill requires the secretary of the state to include in her biannual training conferences for registrars of voters and town clerks information on how to file voting district returns electronically.

BACKGROUND

Supervised Absentee Voting

Under state absentee voting laws, registrars of voters or their designees can supervise absentee voting at nursing homes and other residential care and mental health facilities. Patients at these facilities need not submit absentee ballot applications when a supervised session is scheduled. The sessions are optional or mandatory, depending on the number of patients who are registered voters; if at least 20 patients are registered voters in the town, the registrars must conduct a session.

Registrars or their designees together deliver the ballots and jointly supervise voters while they fill out their ballots. The voter has the right to complete his or her ballot in secret, but registrars observe the process and are available to provide assistance if asked. In that case, both parties' registrars jointly render assistance.

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable Substitute