Bill Text: CT HB05300 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Regional Consolidation Of Certain Functions Of Election Administration.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-16 - File Number 667 [HB05300 Detail]
Download: Connecticut-2015-HB05300-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____HB05300GAE___033115____* |
AN ACT CONCERNING THE REGIONAL CONSOLIDATION OF CERTAIN FUNCTIONS OF ELECTION ADMINISTRATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-229 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) The registrars of voters in the several towns and, in towns where there are different registrars for different voting districts, the registrars of voters in such districts shall appoint the moderators of regular and special state and municipal elections in their respective towns or districts. For the purpose of providing a reserve group of persons who may serve as moderators, the registrars shall designate alternate moderators from among those persons chosen as official checkers, or tabulator tenders, in the following minimum numbers: In towns with one or more but not exceeding three voting districts, one alternate moderator; in towns with four or more but not exceeding eight voting districts, two alternate moderators; in towns with more than eight voting districts, a number of alternate moderators equal to one-fourth of the number of voting districts rounded off to the nearest multiple of four. In case the registrars fail to agree in the choice of a moderator or alternate moderator, the choice shall be determined between such registrars by lot. In the case of a primary, the registrar, as defined in section 9-372, shall so appoint such moderators and alternate moderators. [Moderators and alternate moderators shall be appointed at least twenty days before the election or primary.] The Secretary of the State shall prescribe the time by which moderators and alternate moderators shall be appointed. The registrars shall submit a list of the names of such moderators and alternate moderators to the municipal clerk, which list shall be made available for public inspection by such clerk. Each person appointed to serve as moderator or alternate moderator shall be certified by the Secretary of the State in accordance with the provisions of subsection (c) of this section, except as provided in subsection (d) of this section or section 9-436, as amended by this act.
(b) The Secretary of the State shall [(1) request registrars of voters to volunteer to serve as instructors for moderators and alternate moderators, (2) select registrars from among such volunteers to serve as such instructors, (3)] (1) employ, from members of its agency staff or other persons having field experience in the conduct of elections, individuals to serve as instructors for moderators and alternate moderators, (2) establish a curriculum for instructional sessions for moderators and alternate moderators, (3) coordinate with each regional council of governments to hold such instructional sessions, (4) establish the number of such instructional sessions to be coordinated through and held by a regional council of governments, provided at least [one such instructional session shall be held in each congressional district] two such instructional sessions shall be conducted in the planning region served by a regional council of governments in each calendar year, (5) train the instructors for such sessions, and (6) certify moderators and alternate moderators. The curriculum for such instructional sessions shall include, without limitation, procedures for counting and recording absentee ballots, "hands on" training in the use of voting tabulators, and the duties of a moderator in the conduct of a primary and election. The Secretary may also employ assistants on a temporary basis within existing budgetary resources for the purpose of implementing the provisions of this section. Such assistants shall not be subject to the provisions of chapter 67. The instructors shall conduct instructional sessions for moderators and alternate moderators in accordance with their training by the Secretary of the State and the curriculum for such sessions. Any elector may attend one or more of such instructional sessions. Each instructor shall provide the Secretary of the State with the name and address of each person who completes such a session.
(c) The Secretary shall conduct certification sessions to be coordinated through and held by each regional council of governments 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] two such sessions in each calendar year, in addition to at least one such session prior to each primary, shall be conducted in the planning region served by such regional council of governments. 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, except the Secretary shall not certify any person as moderator or alternate moderator who has been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, any (1) felony involving fraud, forgery, larceny, embezzlement or bribery, or (2) criminal offense under this title. [Any such certification made on or after October 1, 2011, shall be effective for 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, as amended by this act. Any such initial certification granted under this subsection shall expire two years after the date of its initial granting. Prior to such expiration, a moderator or alternate moderator may undergo an abridged recertification process prescribed by the Secretary and shall, on successful completion thereof, be deemed certified for purposes of this subsection. 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.
(d) If the person designated as moderator is unable to serve for any reason, a certified alternate moderator shall serve as moderator. If such certified alternate moderator is not called upon to serve as moderator, he shall serve in another capacity as an election official on election or primary day. If any town or voting district lacks a moderator due to the death, disability or withdrawal of a certified moderator or alternate moderator, or due to the disqualification of a moderator for any reason, including failure to attend an instructional session as required by this section, the registrars of voters shall appoint a new moderator for such town or voting district in the manner provided in this section. Such new moderator shall attend an instructional session and a certification session conducted in accordance with the provisions of this section. If all such sessions have been conducted at the time of appointment of the new moderator, the new moderator shall receive instruction from the registrars who appointed the new moderator.
Sec. 2. Section 9-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) Before each election, [the registrars of voters and the certified head moderator shall instruct the election officials. Any provision of the general statutes or of any special act to the contrary notwithstanding, election officials shall be appointed at least twenty days before the election except as provided in section 9-229. The registrars of voters and the certified head moderator] the Secretary of the State shall, through each regional council of governments, instruct all election officials, except registrars of voters, deputy registrars of voters, assistant registrars of voters, moderators, deputy moderators and alternate moderators. Said Secretary shall prescribe the time by which such election officials shall be appointed. Said Secretary shall request registrars of voters from the member towns, cities or boroughs of each regional council of governments, in consultation with the Registrars of Voters Association of Connecticut, or its successor organization, to volunteer to serve as instructors for such election officials within the planning region served by the council of governments and select registrars from among such volunteers to serve as such instructors. Such instructors shall instruct each such election official who is to serve in a voting district in which a voting tabulator is to be used in the use of the tabulator and [the] such election official's duties in connection therewith. [, and for] For the purpose of giving such instruction, such instructors shall call such meeting or meetings of [the] such election officials in the planning region served by such regional council of governments as are necessary. Such instructors shall, without delay, file a report [in the office of the municipal clerk and] with the Secretary of the State, (1) stating that they have instructed the election officials named in the report and the time and place where such instruction was given, and (2) containing a signed statement from each such election official acknowledging that the official has received such instruction.
(b) The election officials, as described in subsection (a) of this section, of such voting districts shall attend the elections training program developed under [subdivision (1) of subsection (c) of section 9-192a] section 4 of this act, and any other meeting or meetings as are called for the purpose of receiving such instructions concerning their duties as are necessary for the proper conduct of the election.
(c) Each election official, as described in subsection (a) of this section, who qualifies for and serves in the election shall be paid not less than one dollar for the time spent in receiving such instruction, in the same manner and at the same time as the official is paid for the official's services on election day.
(d) No election official, as described in subsection (a) of this section, shall serve in any election unless the official has received such instruction and is fully qualified to perform the official's duties in connection with the election, but this shall not prevent the appointment of an election official to fill a vacancy in an emergency.
Sec. 3. Subsection (d) of section 9-436 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(d) The registrar shall designate one of the moderators so appointed by the registrar to be head moderator or shall appoint as head moderator an elector who is not also moderator of a polling place and who shall be deemed a primary official. The registrar may also appoint a deputy head moderator to assist the head moderator in the performance of the head moderator's duties. A deputy head moderator shall also be deemed to be a primary official. Each registrar's appointments of primary polling place officials, except moderators of polling places, and of designees to conduct supervised voting of absentee ballots pursuant to sections 9-159q and 9-159r shall be divided equally, as nearly as may be, between designees of the party-endorsed candidates and designees of one or more of the contestants, provided, if a party-endorsed candidate is a member of a party other than the one holding the primary, such primary officials shall be enrolled party members of the party holding the primary. Names of designees and alternate designees for such positions shall be submitted in writing by party-endorsed candidates and contestants to the registrar not later than twenty-one days before the primary and, if such lists are not so presented, all such appointments shall be made by the registrar but in the above-mentioned proportion. The registrar shall notify all such candidates and contestants of their right to submit a list of designees under this section. [The registrars shall train each prospective primary poll worker to perform in the poll worker's designated position.] Each prospective primary official, except the registrar of voters, deputy registrar of voters, any assistant registrar of voters, any moderator and any alternate moderator, shall attend the training program developed under section 4 of this act. Notwithstanding any other provision of this section, the registrar shall appoint as moderators only persons who are certified to serve as moderators or alternate moderators pursuant to section 9-229, as amended by this act, unless there is an insufficient number of such persons who are enrolled members of the registrar's party holding the primary, in which case the registrar may appoint a new moderator in accordance with section 9-229, as amended by this act, but only to the extent of such insufficiency. Primary central counting moderators and absentee ballot counters shall also be deemed primary officials. No primary official shall perform services for any candidate at the primary on primary day.
Sec. 4. (NEW) (Effective January 1, 2016) The Secretary of the State shall develop a training program in election procedures for election, primary and referendum officials, other than moderators and alternate moderators. Registrars of voters, deputy registrars of voters and assistant registrars of voters may also attend such training. Such training shall be coordinated through and held by each regional council of governments at times and places to be determined by said Secretary, provided two sessions for such training in each calendar year, in addition to at least one session for such training prior to each primary, shall be held in the planning region served by a regional council of governments.
Sec. 5. Subsection (c) of section 9-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(c) The committee shall also [(1) develop a training program in election procedures for poll workers, and (2)] develop an election law and procedures training program and guide for registrars, deputy registrars and assistant registrars. [The training program developed under subdivision (2) of this section] Such training program shall provide for training to be conducted by trained registrars or former registrars hired for such purpose by the Secretary of the State and shall be coordinated through the regional council of governments in each planning region. The committee shall submit such training programs and training guide to the Secretary of the State, who shall approve or modify the programs and guide.
Sec. 6. Section 9-192b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
Each registrar of voters shall annually designate either said registrar, the deputy registrar of voters or an assistant registrar of voters to receive at least ten hours of instruction under the elections training program developed under [subdivision (2) of] subsection (c) of section 9-192a, as amended by this act.
Sec. 7. Section 9-235d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) Notwithstanding any provision of sections 9-233, 9-235 and 9-258 to the contrary, a United States citizen who is sixteen or seventeen years of age and a bona fide resident of a town may be (1) appointed as a challenger or unofficial checker in an election, or (2) appointed as a checker, translator or voting tabulator tender in an election after (A) attending [poll worker training] the training program developed under section 4 of this act, and (B) receiving the written permission of a parent, guardian or the principal of the school that the citizen attends if the citizen is a secondary school student and the citizen is to be appointed to work on a day when such school is in session.
(b) Notwithstanding any provision of section 9-436, as amended by this act, or 9-436a to the contrary, a United States citizen who is sixteen or seventeen years of age and a bona fide resident of a town or political subdivision holding a primary may be (1) appointed as a challenger or candidate checker in the primary, or (2) appointed as a checker, translator or voting tabulator tender in a primary after (A) attending [poll worker training] the training program developed under section 4 of this act, and (B) receiving the written permission of a parent, guardian or the principal of the school that the citizen attends if the citizen is a secondary school student and the citizen is to be appointed to work on a day when such school is in session.
Sec. 8. Section 9-4b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
The Secretary of the State shall establish an elections training unit to coordinate all training for registrars of voters, deputy registrars of voters [, permanent assistant registrars of voters] and assistant registrars of voters as described in section 9-192. [and poll workers] Such unit shall also coordinate all training, through the regional council of governments in each planning region, for all (1) moderators and alternate moderators, as described in section 9-229, as amended by this act, and (2) other election, primary and referendum officials, as described in section 4 of this act. Such unit shall employ at least one person having field experience in the conduct of elections.
Sec. 9. Subsection (a) of section 9-174a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) For each municipality, the registrars of voters, in consultation with the municipal clerk, shall 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] election, primary or referendum officials, (B) a loss of power, (C) a fire or the sounding of an alarm within a polling place, (D) voting machine malfunctions, (E) a weather or other natural disaster, (F) the need to remove [a poll worker or moderator] an election, primary or referendum official and to replace such [worker or moderator] official, and (G) disorder in and around the polling place.
Sec. 10. Subdivision (2) of subsection (c) of section 9-19j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(2) The registrars of voters may appoint one or more election officials to serve at such location and may delegate to such election officials any of the responsibilities assigned to the registrars of voters, provided such appointed official has attended the training program developed under section 4 of this act. The registrars of voters shall supervise such election officials. [and train such election officials to be election day registration election officials.]
Sec. 11. Section 9-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
The appointment of absentee ballot counters shall be made by the registrars of voters. The presiding officer for the purpose of declaring the result of the vote of the whole municipality is the moderator. Each person appointed to count absentee ballots shall attend the training program developed under section 4 of this act, and participate in a training session at which the registrars of voters, absentee ballot moderator or moderator of the polling place, as the case may be, shall review and study the absentee counter's manual provided by the Secretary of the State under section 9-150a. Each elector so appointed shall be sworn to carry out faithfully the duties of his office and not to attempt to ascertain the manner in which any absentee elector has marked his absentee ballot. The registrars of voters shall ascertain the voting district in which each absentee elector is registered and shall apportion the envelopes according to voting districts among the appointed groups of electors, if there is more than one such group, in such manner that each group can conveniently count the votes apportioned to it.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
January 1, 2016 |
9-229 |
Sec. 2 |
January 1, 2016 |
9-249 |
Sec. 3 |
January 1, 2016 |
9-436(d) |
Sec. 4 |
January 1, 2016 |
New section |
Sec. 5 |
January 1, 2016 |
9-192a(c) |
Sec. 6 |
January 1, 2016 |
9-192b |
Sec. 7 |
January 1, 2016 |
9-235d |
Sec. 8 |
January 1, 2016 |
9-4b |
Sec. 9 |
January 1, 2016 |
9-174a(a) |
Sec. 10 |
January 1, 2016 |
9-19j(c)(2) |
Sec. 11 |
January 1, 2016 |
9-148 |
Statement of Legislative Commissioners:
In Section 1(b), "The Secretary may employ assistants" was changed to "The Secretary may also employ assistants" for clarity; in Sections 1(b), 1(c) and 2(a), "each planning region" was changed to "the planning region" for accuracy; and in Section 4, "each planning region" was changed to "the planning region" for accuracy.
GAE |
Joint Favorable Subst. -LCO |