Substitute House Bill No. 5258
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.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2002) (a) The administrator of an institution, as defined in subsection (a) of section 9-159q of the general statutes, a residential facility for the mentally retarded licensed pursuant to section 17a-227 of the general statutes, or a community residence, as defined in section 19a-507a of the general statutes, shall use his or her best efforts to provide written notice pursuant to subsection (b) of this section to any conservator or guardian appointed to manage the affairs of a resident of such institution, facility or residence pursuant to sections 45a-644 to 45a-663, inclusive, of the general statutes, as amended, or sections 45a-668 to 45a-684, inclusive, of the general statutes, as amended, at least seven days prior to the date any voter registration or voting opportunity is presented to the resident with respect to a primary, referendum or election. As used in this section, "voter registration" or "voting opportunity" includes, but is not limited to, the solicitation or completion of: (1) An application for admission as an elector; or (2) an absentee ballot, regardless of whether supervised absentee ballot voting will take place at such institution. The administrator of such institution, facility or residence shall also use his or her best efforts to provide written notice to any such conservator or guardian at least seven days prior to the date when the resident may be brought to a polling place to vote in person. The notification provisions of this section shall not apply when a member of the resident's immediate family provides the resident with an absentee ballot application or brings the resident to a polling place to vote.
(b) Any such notice shall indicate that the resident is entitled to vote or register to vote unless the resident is determined incompetent to do so by a probate court, or unless the registrars of voters or their designees jointly conclude at a supervised voting session that the resident declines to vote the ballot or they are unable to determine how the resident desires to vote the ballot, as provided in subsection (g) of section 9-159q of the general statutes. The notice shall also specify that a resident who requires assistance to vote in accordance with section 9-264 of the general statutes, by reason of blindness, disability or inability to read or write may receive assistance from a person of the resident's choosing.
(c) The administrator of any such institution, facility or residence may also provide such notice to a person with a power of attorney for a resident of the institution, facility or residence.
Sec. 2. (NEW) (Effective October 1, 2002) The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on the petition not later than fifteen days after the filing of the petition and the hearing shall be privileged with respect to assignment.
Sec. 3. Subsection (b) of section 9-19h of the general statutes, as amended by section 6 of public act 01-26, is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):
(b) In addition to the requirements of subsection (a) of this section, the Commissioner of Motor Vehicles, not later than January 1, 1994, shall include an application for the admission of an elector with each application form provided for a motor vehicle operator's license and a motor vehicle operator's license renewal, which are issued under subpart (B) of part III of chapter 246, and with each application form provided for an identity card issued under section 1-1h. Such application form for the admission of an elector (1) shall be subject to the approval of the Secretary of the State, (2) shall not include any provisions for the witnessing of the application, and (3) shall contain a statement that (A) specifies each eligibility requirement, (B) contains an attestation that the applicant meets each such requirement, and (C) requires the signature of the applicant under penalty of perjury. [On and after January 1, 1994, the] The Commissioner of Motor Vehicles shall accept [in person] any such completed application for admission which is submitted in person or by mail. The applicant shall state on such form, under penalty of perjury, the applicant's name, bona fide residence address, date of birth, whether the applicant is a United States citizen, party enrollment, if any, prior voting address, if registered previously, and that the applicant's privileges as an elector are not forfeited by reason of conviction of a felony. No Social Security number on any such application form for the admission of an elector filed prior to January 1, 2000, may be disclosed to the public or to any governmental agency. The commissioner shall indicate on each such form the date of receipt of such application to ensure that any eligible applicant is registered to vote in an election if it is received by the Commissioner of Motor Vehicles by the last day for registration to vote in an election. The commissioner shall provide the applicant with an application receipt, on a form approved by the Secretary of the State and on which the commissioner shall record the date that the commissioner received the application, using an official date stamp bearing the words "Department of Motor Vehicles". The commissioner shall provide such receipt whether the application was submitted in person or by mail. The commissioner shall forthwith transmit the application to the registrars of voters of the applicant's town of residence. If a registration application is accepted within five days before the last day for registration to vote in a regular election, the application shall be transmitted to the registrars of voters of the town of voting residence of the applicant not later than five days after the date of acceptance. The procedures in subsections (c), (d), (f) and (g) of section 9-23g, as amended by this act, which are not inconsistent with the National Voter Registration Act of 1993, P. L. 103-31, as amended from time to time, shall apply to applications made under this section. The commissioner is not an admitting official and may not restore, under the provisions of section 9-46a, electoral privileges of persons convicted of a felony.
Sec. 4. Subsection (b) of section 9-23g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):
(b) The Secretary of the State shall prescribe, and provide to registrars of voters, town clerks and voter registration agencies, as defined in section 9-23n, as amended by this act, application forms and other materials necessary to complete such application and admission process. The Secretary of the State, registrars of voters and town clerks shall provide a reasonable number of such forms and materials to any elector who requests such forms and materials. The secretary shall also, in the course of [his] the secretary's elections duties, prepare instructions and related materials describing procedures for such application and admission process and shall provide the materials to registrars of voters and town clerks. The application shall contain the information required under section 9-23h, as amended by this act. All statements of the applicant shall be made under the penalties of perjury. The application for admission as an elector shall include a statement that (1) specifies each eligibility requirement, (2) contains an attestation that the application meets each such requirement, and (3) requires the signature of the applicant under penalty of perjury. Nothing in this section or section 9-23h, as amended by this act, shall require that the application be executed in the state. An applicant who is unable to write may cause [his] the applicant's name to be signed on the application form by an authorized agent who shall, in the space provided for the signature, write the name of the applicant followed by the word "by" and [his] the agent's own signature. The completed application may be mailed or returned in person to the office of the registrars of voters or the office of the town clerk of the applicant's town of residence or a voter registration agency. If the applicant entrusts [his] the applicant's application to another person or to such a voter registration agency for mailing or return to the registrars of voters, such person or agency shall immediately mail or return the application. Any such voter registration agency shall also provide the applicant with an application receipt, on which the agency shall record the date that the agency received the application, using an official date stamp bearing the name of the agency. The agency shall provide such receipt whether the application was submitted in person or by mail. The town clerk shall promptly forward any application which [he] the town clerk receives to the registrars of voters. Such application form shall be provided by or authorized by the Secretary of the State.
Sec. 5. Subsection (d) of section 9-23g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):
(d) (1) Except as otherwise provided in this subsection, the privileges of an elector for any applicant for admission under this section and section 9-23h, as amended by this act, shall attach immediately upon approval by the registrar, and the registrars shall enter the name of the elector on the registry list.
(2) Except as provided in subdivision (3) of this subsection, if a mailed application is postmarked, or if a delivered application is received in the office of the registrars of voters, after the fourteenth day before an election or after the fifth day before a primary, the privileges of an elector shall not attach until the day after such election or primary, as the case may be.
(3) If an application is received after the fourteenth day before an election or after the fifth day before a primary by the Commissioner of Motor Vehicles or by a voter registration agency, the privileges of an elector shall not attach until the day after the election or primary, as the case may be, or on the day the registrar approves it, whichever is later.
(4) If on the day of an election or primary, the name of an applicant does not appear on the official check list, such applicant may present to the moderator at the polls either a notice of acceptance received through the mail [to the moderator at the polls, after which] or an application receipt that was previously provided to the applicant pursuant to section 9-19e, subsection (b) of section 9-19h, as amended by this act, subsection (b) of this section, as amended by this act, or section 9-23n, as amended by this act. If an applicant presents said notice or receipt, and either the registrars of voters find the original application or the applicant submits a new application at the polls, the registrar, or assistant registrar [,] upon notice to and approval by the registrar, shall add such person's name and address to the official check list on such day and the person shall be allowed to vote if otherwise eligible to vote and the person presents to the checkers at the polling place a preprinted form of identification pursuant to subparagraph (A) of subdivision (2) of subsection (a) of section 9-261.
Sec. 6. Section 9-23n of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):
(a) As used in this section, "voter registration agency" means (1) public assistance offices, (2) all offices in the state that provide state-funded programs primarily engaged in providing services to persons with disabilities, (3) libraries that are open to the public, and (4) such other appropriate offices as the Secretary of the State shall designate in accordance with the National Voter Registration Act of 1993, P. L. 103-31, as amended from time to time.
(b) Voter registration agencies shall (1) distribute mail voter registration application forms, (2) assist applicants for such assistance or services in completing voter registration application forms, except for applicants who refuse such assistance, [and] (3) accept completed voter registration application forms and [forthwith transmit such forms] provide each applicant with an application receipt, on which the agency shall record the date that the agency received the application, using an official date stamp bearing the name of the agency, and (4) immediately transmit all such applications to the registrars of voters of the town of voting residence of the applicants. The agency shall provide such receipt whether the application was submitted in person or by mail. If a registration application is accepted within five days before the last day for registration to vote in a regular election, the application shall be transmitted to the registrars of voters of the town of voting residence of the applicant not later than five days after the date of acceptance. The voter registration agency shall indicate on the completed mail voter registration application form, without indicating the identity of the voter registration agency, the date of its acceptance by such agency, to ensure that any eligible applicant is registered to vote in an election if it is received by the registration agency by the last day for registration to vote in an election. If a state-funded program primarily engaged in providing services to persons with disabilities provides services to a person with a disability at the person's home, the agency shall provide such voter registration services at the person's home. The procedures in subsections (c), (d), (f) and (g) of section 9-23g, as amended by this act, that are not inconsistent with the National Voter Registration Act of 1993, P. L. 103-31, as amended from time to time, shall apply to applications made under this section. Officials and employees of such voter registration agencies are not admitting officials, as defined in section 9-17a, and may not restore, under the provisions of section 9-46a, electoral privileges of persons convicted of a felony.
Sec. 7. Section 9-23h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003):
The application provided for in section 9-23g, as amended by this act, shall provide spaces for the following information for each applicant: (1) Name, (2) bona fide residence, including street number, street address, apartment number if applicable, town and zip code, (3) telephone number, (4) date of birth, (5) whether the applicant is registered as an elector in any other town in the state of Connecticut or in any other state, and if so, the applicant's last previous voting residence, (6) whether [he] the applicant is a United States citizen, (7) party affiliation, if any, and (8) the applicant's signature and date of signature. The spaces for the applicant's telephone number and party affiliation shall indicate that such information does not have to be provided. No Social Security number on any such form filed prior to January 1, 2000, may be disclosed to the public or to any governmental agency. The application shall contain a notice that if the applicant does not receive a notice of acceptance or rejection of the application from the office of the registrars of voters for the municipality in which the applicant resides, the applicant should contact said office. The application shall also contain any other information, questions or instructions prescribed by the Secretary of the State.
Sec. 8. (NEW) (Effective from passage) (a) The Secretary of the State shall provide each municipality with sufficient quantities of a poster size copy, at least eighteen by twenty-four inches, of a Voter's Bill of Rights, which shall be posted conspicuously at each polling place. The text of the Voter's Bill of Rights shall be:
"VOTER'S BILL OF RIGHTS
Every registered voter in this state has the right to:
(1) Inspect a sample ballot before voting;
(2) Receive instructions concerning how to operate voting equipment, on sample voting equipment before voting;
(3) Cast a ballot if the voter is in line when the polls are closing;
(4) Ask for and receive assistance in voting, including assistance in languages other than English where required by federal or state law;
(5) Vote free from coercion or intimidation by election officials or any other person; and
(6) Cast a ballot using voting equipment that accurately counts all votes. "
(b) In any municipality or voting district where federal or state law requires ballots to be made available in a language or languages other than English, the Voter's Bill of Rights shall also be made available in such language or languages.
(c) Sample ballots shall be made available at all polling places, and any voter shall be permitted to inspect a sample ballot before voting.
(d) Any voter standing in line at a polling place at the time when polls are scheduled to close shall be permitted to vote.
Sec. 9. Subsection (e) of section 7-421 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
(e) Any municipal employee shall have the right to serve on any governmental body of the town in which [he] such employee resides except any body which has responsibility for direct supervision of such employee. Notwithstanding the provisions of this subsection, (1) no such employee shall serve on any of the following unless such employee is permitted to serve pursuant to the provisions of a municipal charter or home rule ordinance or serves because of membership on the legislative body of the municipality: [(1)] (A) Any board of finance created pursuant to chapter 106 or any special act or municipal charter; [(2)] (B) any body exercising zoning powers pursuant to chapter 124 or any special act or municipal charter; [(3)] (C) any body exercising land use powers pursuant to chapter 125a or any special act or municipal charter; [(4)] (D) any body exercising planning powers pursuant to chapter 126 or any special act or municipal charter; or [(5)] (E) any body regulating inland wetlands and watercourses pursuant to chapter 440 or any special act or municipal charter; and (2) any municipality may, by ordinance adopted by its legislative body, authorize such employees to serve on (A) any body exercising zoning powers pursuant to chapter 124 or any special act or municipal charter; (B) any body exercising land use powers pursuant to chapter 125a or any special act or municipal charter; (C) any body exercising planning powers pursuant to chapter 126 or any special act or municipal charter; or (D) any body regulating inland wetlands and watercourses pursuant to chapter 440 or any special act or municipal charter.
Sec. 10. Section 8-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):
Any municipality may create by ordinance a planning commission, which shall consist of five members, who shall be electors of such municipality [holding no salaried municipal office] and whose terms of office and method of election or appointment shall be fixed in the ordinance. The ordinance may provide that members may be municipal employees if the municipality has adopted an ordinance authorizing such membership pursuant to the provisions of subparagraph (C) of subdivision (2) of subsection (e) of section 7-421, as amended by this act. The chief executive officer of the municipality and the engineer thereof or Commissioner of Public Works, if any, shall also be members of the commission, without voting privileges. The terms of office shall be so arranged that the terms of not more than three members shall expire in any one year. Vacancies shall be filled by the commission for the unexpired portion of the term. Upon the adoption of this section by ordinance as herein provided, and the appointment or election of a commission thereunder, any planning commission in the municipality established under any previous act of the General Assembly shall cease to exist, and its books and records shall be turned over to the commission established under this section, provided all regulations promulgated by such planning commission prior to that time shall continue in full force and effect until modified, repealed or superseded in accordance with the provisions of this chapter. The area of jurisdiction of a planning commission created by a town includes any city or borough therein without a legally constituted planning commission for all planning purposes except those specified in sections 8-24 and 8-29. Powers granted under said sections may be delegated by the legislative body of such city or borough to the planning commission of the town in which such city or borough is situated. Any city or borough in which a planning commission has been previously established may, by ordinance, designate the commission established under this section in the town in which such city or borough is situated to be the planning commission of such city or borough, and such commission shall supersede the planning commission previously established in such city or borough. The commission shall elect a chairman and a secretary from its members, shall adopt rules for the transaction of business and shall keep a public record of its activities. The planning commission of each municipality shall file an annual report with the legislative body thereof.
Approved June 3, 2002