Bill Text: CT HB05428 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Powers And Duties Of The State Elections Enforcement Commission And Revisions To Election Laws.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-04-27 - Tabled for the Calendar, House [HB05428 Detail]
Download: Connecticut-2010-HB05428-Comm_Sub.html
General Assembly |
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February Session, 2010 |
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AN ACT CONCERNING THE POWERS AND DUTIES OF THE STATE ELECTIONS ENFORCEMENT COMMISSION AND REVISIONS TO ELECTION LAWS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) The State Elections Enforcement Commission shall have the following duties and powers:
(1) To make investigations on its own initiative or with respect to statements filed with the commission by the Secretary of the State, [or] any registrar of voters or any town clerk, or upon written complaint under oath by any individual, with respect to alleged violations of any provision of the general statutes or regulations relating to any election or referendum, any primary held pursuant to section 9-423, 9-425 or 9-464 or any primary held pursuant to a special act, and to hold hearings when the commission deems necessary to investigate violations of any provisions of the general statutes or regulations relating to any such election, primary or referendum, and for the purpose of such hearings the commission may administer oaths, examine witnesses and receive oral and documentary evidence, and shall have the power to subpoena witnesses under procedural rules the commission shall adopt, to compel their attendance and to require the production for examination of any [books and papers] records, documents or information in any format which the commission deems relevant to any matter under investigation or in question. In connection with its investigation of any alleged violation of any provision of chapter 145, or of any provision of section 9-359 or section 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination of any absentee ballot, inner and outer envelope from which any such ballot has been removed, depository envelope containing any such ballot or inner or outer envelope as provided in sections 9-150a and 9-150b and any other record, form or document as provided in section 9-150b, in connection with the election, primary or referendum to which the investigation relates. In case of a refusal to comply with any subpoena issued pursuant to this subsection or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof. In any matter under investigation which concerns the operation or inspection of or outcome recorded on any voting [machine] tabulator, ballot or memory card and any components or processes utilized to program any such memory card, the commission may issue an order to the municipal clerk, the registrars of voters or any local official or company that maintains custody of such voting tabulator, ballot, memory card or programming components or processes to impound such [machine] tabulator, ballot, memory card or programming components and processes until the investigation is completed;
(2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-55, as amended by this act, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 155 or 157. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation;
(3) (A) To issue an order requiring any person the commission finds to have received any contribution or payment which is prohibited by any of the provisions of chapter 155 or 157 or any regulation adopted pursuant to either said chapter, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive, to return such contribution or payment to the donor or payor, or to remit such contribution or payment to the state for deposit in the General Fund or the Citizens' Election Fund, whichever is deemed necessary to effectuate the purposes of chapter 155 or 157, as the case may be;
(B) To issue an order when the commission finds that an intentional violation of any provision of chapter 155, 156 or 157 or any regulation adopted pursuant to any said chapter, has been committed, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, which order may contain one or more of the following sanctions: (i) Removal of a campaign treasurer, deputy campaign treasurer or solicitor; (ii) prohibition on serving as a campaign treasurer, deputy campaign treasurer or solicitor, for a period not to exceed four years; and (iii) in the case of a party committee or a political committee, suspension of all political activities, including, but not limited to, the receipt of contributions and the making of expenditures, provided the commission may not order such a suspension unless the commission has previously ordered the removal of the campaign treasurer and notifies the officers of the committee that the commission is considering such suspension;
(C) To issue an order revoking any person's eligibility to be appointed or serve as an election, primary or referendum official or unofficial checker or in any capacity at the polls on the day of an election, primary or referendum, when the commission finds such person has intentionally violated any provision of the general statutes or regulations relating to the conduct of an election, primary or referendum, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive;
(D) To issue an order to enforce the provisions of the Help America Vote Act, P.L. 107-252, as amended from time to time, as the commission deems appropriate;
(E) To issue an order following the commission's determination of the right of an individual to be or remain an elector when such determination is made (i) pursuant to an appeal taken to the commission from a decision of the registrars of voters or board of admission of electors under section 9-31l, or (ii) following the commission's investigation pursuant to subdivision (1) of this subsection;
(F) To issue a cease and desist order for violation of any general statute or regulation under the commission's jurisdiction and to take reasonable actions necessary to compel compliance with such statute or regulation;
(4) To issue an order to a candidate committee that receives moneys from the Citizens' Election Fund pursuant to chapter 157, to comply with the provisions of chapter 157 or any regulation adopted pursuant to said chapter, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive;
(5) To inspect or audit at any reasonable time and upon reasonable notice the accounts or records of any campaign treasurer or principal campaign treasurer, as required by chapter 155 or 157 and to audit any such election, primary or referendum held within the state; provided, (A) (i) not later than two months preceding the day of an election at which a candidate is seeking election, the commission shall complete any audit it has initiated in the absence of a complaint that involves a committee of the same candidate from a previous election, and (ii) during the two-month period preceding the day of an election at which a candidate is seeking election, the commission shall not initiate an audit in the absence of a complaint that involves a committee of the same candidate from a previous election, and (B) the commission shall not audit any caucus, as defined in subdivision (1) of section 9-372;
(6) To attempt to secure voluntary compliance, by informal methods of conference, conciliation and persuasion, with any provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of the general statutes or regulations relating to any such election, primary or referendum;
(7) To consult with the Secretary of the State, the Chief State's Attorney or the Attorney General on any matter which the commission deems appropriate;
(8) To refer to the Chief State's Attorney evidence bearing upon violation of any provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of the general statutes or regulations pertaining to or relating to any such election, primary or referendum;
(9) To refer to the Attorney General evidence for injunctive relief and any other ancillary equitable relief in the circumstances of subdivision (8) of this subsection. Nothing in this subdivision shall preclude a person who claims that he is aggrieved by a violation of any provision of chapter 152 or any other provision of the general statutes relating to referenda from pursuing injunctive and any other ancillary equitable relief directly from the Superior Court by the filing of a complaint;
(10) To refer to the Attorney General evidence pertaining to any ruling which the commission finds to be in error made by election officials in connection with any election, primary or referendum. Those remedies and procedures available to parties claiming to be aggrieved under the provisions of sections 9-323, 9-324, 9-328, [and] 9-329a and 9-371b shall apply to any complaint brought by the Attorney General as a result of the provisions of this subdivision;
(11) To consult with the United States Department of Justice and the United States Attorney for Connecticut on any investigation pertaining to a violation of this section, section 9-12, subsection (a) of section 9-17 or section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to said department and attorney evidence bearing upon any such violation for prosecution under the provisions of the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time;
(12) To inspect reports filed with town clerks pursuant to chapter 155 and refer to the Chief State's Attorney evidence bearing upon any violation of law therein if such violation was committed knowingly and wilfully;
(13) To intervene in any action brought pursuant to the provisions of sections 9-323, 9-324, 9-328 and 9-329a upon application to the court in which such action is brought when in the opinion of the court it is necessary to preserve evidence of possible criminal violation of the election laws;
(14) To adopt and publish regulations pursuant to chapter 54 to carry out the provisions of section 9-7a, this section, and chapters 155, 156 and 157; to issue upon request and publish advisory opinions in the Connecticut Law Journal upon the requirements of chapters 155, 156 and 157, and to make recommendations to the General Assembly concerning suggested revisions of the election laws;
(15) To the extent that the Elections Enforcement Commission is involved in the investigation of alleged or suspected criminal violations of any provision of the general statutes pertaining to or relating to any such election, primary or referendum and is engaged in such investigation for the purpose of presenting evidence to the Chief State's Attorney, the Elections Enforcement Commission shall be deemed a law enforcement agency for purposes of subdivision (3) of subsection (b) of section 1-210, provided nothing in this section shall be construed to exempt the Elections Enforcement Commission in any other respect from the requirements of the Freedom of Information Act, as defined in section 1-200;
(16) To enter into such contractual agreements as may be necessary for the discharge of its duties, within the limits of its appropriated funds and in accordance with established procedures;
(17) To provide the Secretary of the State with notice and copies of all decisions rendered by the commission in contested cases, advisory opinions and declaratory judgments, at the time such decisions, judgments and opinions are made or issued;
(18) To receive and determine complaints filed under the Help America Vote Act, P.L. 107-252, as amended from time to time, by any person who believes there is a violation of any provision of Title III of P.L. 107-252, as amended. Any complaint filed under this subdivision shall be in writing, notarized and signed and sworn by the person filing the complaint. At the request of the complainant, there shall be a hearing on the record, conducted in accordance with sections 4-167e to 4-184, inclusive. The commission shall make a final determination with respect to a complaint prior to the expiration of the ninety-day period beginning on the date the complaint is filed, unless the complainant consents to a longer period for making such determination. If the commission fails to meet the applicable deadline under this subdivision with respect to a complaint, the commission shall resolve the complaint within sixty days after the expiration of such ninety-day period under an alternative dispute resolution procedure established by the commission.
Sec. 2. Section 9-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(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;
(6) Cast a ballot using voting equipment that accurately counts all votes;
(7) Vote by provisional ballot if the individual registered to vote and the individual's name is not on the voter list;
(8) Be informed of the process for restoring the individual's right to vote if the individual was incarcerated for a felony conviction; and
(9) Vote independently and in privacy at a polling place, regardless of physical disability.
If any of your rights have been violated, you have the right to file an official complaint with the State Elections Enforcement Commission at …. (toll-free telephone number) or the United States Department of Justice at …. (toll-free telephone number). In addition, before leaving the polling place you may notify the moderator of the violation."
(b) No person shall violate any right of a registered voter, as listed in subsection (a) of this section.
[(b)] (c) 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)] (d) Sample ballots shall be made available at all polling places, and any voter shall be permitted to inspect a sample ballot before voting.
[(d)] (e) Any voter standing in line at a polling place at the time when polls are scheduled to close shall be permitted to vote.
[(e)] (f) For use at elections for federal office, the Secretary of the State shall prescribe and the municipal clerk shall provide for all polling places in the municipality: (1) Instructions on how to cast a provisional ballot, (2) instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, (3) general information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and (4) general information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation.
Sec. 3. Section 9-622 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
The following persons shall be guilty of illegal practices and shall be punished in accordance with the provisions of section 9-623, as amended by this act:
(1) Any person who, directly or indirectly, individually or by another person, gives or offers or promises to any person any money, gift, advantage, preferment, entertainment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any election, caucus, convention, primary or referendum;
(2) Any person who, directly or indirectly, receives, accepts, requests or solicits from any person, committee, association, organization or corporation, any money, gift, advantage, preferment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(3) Any person who, in consideration of any money, gift, advantage, preferment, aid, emolument or other valuable thing paid, received, accepted or promised to the person's advantage or any other person's advantage, votes or refrains from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(4) Any person who solicits from any candidate any money, gift, contribution, emolument or other valuable thing for the purpose of using the same for the support, assistance, benefit or expenses of any club, company or organization, or for the purpose of defraying the cost or expenses of any political campaign, primary, referendum or election;
(5) Any person who, directly or indirectly, pays, gives, contributes or promises any money or other valuable thing to defray or towards defraying the cost or expenses of any campaign, primary, referendum or election to any person, committee, company, club, organization or association, other than to a campaign treasurer, except that this subdivision shall not apply to any expenses for postage, telegrams, telephoning, stationery, express charges, traveling, meals, lodging or photocopying incurred by any candidate for office or for nomination to office, so far as may be permitted under the provisions of this chapter;
(6) Any person who, in order to secure or promote the person's own nomination or election as a candidate, or that of any other person, directly or indirectly, promises to appoint, or promises to secure or assist in securing the appointment, nomination or election of any other person to any public position, or to any position of honor, trust or emolument; but any person may publicly announce the person's own choice or purpose in relation to any appointment, nomination or election in which the person may be called to take part, if the person is nominated for or elected to such office;
(7) Any person who, directly or indirectly, individually or through another person, makes a payment or promise of payment to a campaign treasurer in a name other than the person's own, and any campaign treasurer who knowingly receives a payment or promise of payment, or enters or causes the same to be entered in the person's accounts in any other name than that of the person by whom such payment or promise of payment is made;
(8) Any person who knowingly and wilfully violates any provision of [this chapter] chapters 155 to 157, inclusive;
(9) Any person who offers or receives a cash contribution in excess of one hundred dollars to promote the success or defeat of any political party, candidate or referendum question;
(10) Any person who solicits, makes or receives a contribution, payment or organization expenditure that is otherwise prohibited by any provision of [this chapter] chapters 155 to 157, inclusive, or any regulation adopted pursuant to any said chapter;
(11) Any department head or deputy department head of a state department who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office or any political party;
(12) Any municipal employee who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office, any political committee or any political party, from (A) an individual under the supervision of such employee, or (B) the spouse or a dependent child of such individual;
(13) Any person who makes a coordinated expenditure for a candidate without the knowledge of said candidate. No candidate shall be civilly or criminally liable with regard to any such coordinated expenditure;
(14) Any chief of staff of a legislative caucus who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from an employee of the legislative caucus;
(15) Any chief of staff for a state-wide elected official who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from a member of such official's staff; or
(16) Any chief of staff for the Governor or Lieutenant Governor who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from a member of the staff of the Governor or Lieutenant Governor, or from any commissioner or deputy commissioner of any state agency.
Sec. 4. Section 9-623 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to elections held on and after said date):
(a) Any person who knowingly and wilfully violates any provision of this chapter shall be fined not more than five thousand dollars or imprisoned not more than five years, or both. The [Secretary of the State or the] town clerk shall notify the State Elections Enforcement Commission of any such violation of which [said secretary or] such town clerk may have knowledge. Any such fine for a violation of any provision of this chapter applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation.
(b) (1) If any campaign treasurer fails to file any statement required by section 9-608, or if any candidate fails to file either (A) a statement for the formation of a candidate committee as required by section 9-604, [or] (B) a certification pursuant to section 9-603 that the candidate is exempt from forming a candidate committee as required by section 9-604, or (C) an affidavit, in accordance with subsection (a) of section 9-703, that includes a written certification indicating whether or not the candidate intends to abide by the expenditure limits under the Citizens' Election Program that are described in subsection (c) of section 9-702, within the time required, the campaign treasurer or candidate, as the case may be, shall pay a late filing fee of one hundred dollars.
(2) In the case of any such statement or certification that is required to be filed with the State Elections Enforcement Commission, the commission shall, not later than ten days after the filing deadline is, or should be, known to have passed, notify by certified mail, return receipt requested, the person required to file that, if such statement or certification is not filed not later than twenty-one days after such notice, the person is in violation of section 9-603, 9-604 or 9-608.
(3) In the case of any such statement or certification that is required to be filed with a town clerk, the town clerk shall forthwith after the filing deadline is, or should be, known to have passed, notify by certified mail, return receipt requested, the person required to file that, if such statement or certification is not filed not later than seven days after the town clerk mails such notice, the town clerk shall notify the State Elections Enforcement Commission that the person is in violation of section 9-603, 9-604 or 9-608.
(4) The penalty for any violation of section 9-603, 9-604 or 9-608 shall be a fine of not less than two hundred dollars or more than two thousand dollars or imprisonment for not more than one year, or both.
Sec. 5. Subsection (c) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on or after said date):
(c) The application shall be accompanied by a cumulative itemized accounting of all funds received, expenditures made and expenses incurred but not yet paid by the candidate committee as of three days [before the applicable application deadline contained in subsection (g) of this section] preceding the day the application is filed. Such accounting shall be sworn to under penalty of false statement by the campaign treasurer of the candidate committee. The commission shall prescribe the form of the application and the cumulative itemized accounting. The form for such accounting shall conform to the requirements of section 9-608. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.
Sec. 6. Subsection (g) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on or after said date):
(g) (1) Any application submitted pursuant to this section for a primary or general election shall be submitted in accordance with the following schedule: (A) By five o'clock p.m. on the third Thursday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election, or (B) by five o'clock p.m. on any subsequent Thursday of such year, provided no application shall be accepted by the commission after five o'clock p.m. on or after the fourth to last Friday prior to the primary or election at which such participating candidate will seek nomination or election. Not later than four business days following any such Thursday or Friday, as applicable, for participating candidates seeking nomination or election to the office of state senator or state representative or, ten business days following any such Thursday or Friday, as applicable, for participating candidates seeking nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as is practicable, the commission shall review any application received by such Thursday or Friday, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of funds shall be made not later than twelve business days prior to any such primary or general election. From the third week of June in even-numbered years until the third week in July, the commission shall meet twice weekly to determine whether or not to approve applications for grants if there are pending grant applications.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, no application for a special election shall be accepted by the commission after five o'clock p.m. on or after ten business days prior to the special election at which such participating candidate will seek election. Not later than three business days following such deadline, or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as practicable, the commission shall review any such application received by such deadline, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of funds shall be made not later than seven business days prior to any such special election.
(3) The commission shall publish such application review schedules and meeting schedules on the commission's web site and with the Secretary of the State.
Sec. 7. Subsection (j) of section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on or after said date):
(j) Notwithstanding the provisions of subsections (a) to (i), inclusive, of this section:
(1) The initial grant that a qualified candidate committee for a candidate is eligible to receive under subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any personal funds that the candidate provides for the candidate's campaign for nomination or election pursuant to subsection (c) of section 9-710;
(2) If a participating candidate is nominated at a primary and does not expend the entire grant for the primary campaign authorized under subsection (a), (b), (e) or (f) of this section or all moneys that may be received for the primary campaign under section 9-713 or 9-714, the amount of the grant for the general election campaign shall be reduced by the total amount of any such unexpended primary campaign grant and moneys;
(3) If a participating candidate who is nominated for election [does not have any opponent] is unopposed in the general election campaign, [the amount of the general election campaign grant for which] the qualified candidate committee for said candidate shall not be eligible [shall be thirty per cent of the applicable amount set forth in subsections (a) to (i), inclusive; and] to receive a general election campaign grant. For purposes of this chapter, a participating candidate who is nominated for election shall be deemed unopposed in the general election campaign unless, in the applicable race, the following occur: (A) (i) A major party other than said candidate's party endorses a candidate, other than said candidate, and makes the requisite filing with the Secretary of the State within the time specified in section 9-388, 9-391 or 9-400, as applicable, (ii) a candidate, other than said candidate, of a major party other than said candidate's party receives not less than fifteen per cent of the vote of convention delegates and complies with the filing requirements set forth in section 9-400, (iii) a candidate, other than said candidate, of a major party other than said candidate's party circulates a petition and obtains the required number of signatures for filing a candidacy for nomination and either qualifies for the primary or is the party's nominee, or (iv) a candidate, other than said candidate, qualifies as an eligible minor party candidate, as defined in section 9-700, or qualifies as an eligible petitioning party candidate, as defined in section 9-700, and (B) a candidate described in subparagraph (A) of this subdivision is required, pursuant to the provisions of section 9-604, to form a candidate committee or is exempt from forming a candidate committee under section 9-604, but required to file statements according to the same schedule and in the same manner as required under section 9-608, or is required to have another committee file such report of expenditures on the candidate's behalf; and
[(4) If the only opponent or opponents of a participating candidate who is nominated for election to an office are eligible minor party candidates or eligible petitioning party candidates and no such eligible minor party candidate's or eligible petitioning party candidate's candidate committee has received a total amount of contributions of any type that is equal to or greater than the amount of the qualifying contributions that a candidate for such office is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, the amount of the general election campaign grant for such participating candidate shall be sixty per cent of the applicable amount set forth in this section.]
(4) If, subsequent to being deemed an unopposed candidate pursuant to subdivision (3) of this subsection, such participating candidate shall no longer qualify as unopposed, the applicable general election grant that such participating candidate's qualified candidate committee is eligible to receive pursuant to subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any contributions in addition to qualifying contributions raised pursuant to subsection (c) of section 9-702.
Sec. 8. Section 9-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The registrars of voters shall cause to be printed at least once during the calendar year [a sufficient number of copies of complete, corrected enrollment lists certified by them as correct, provided a supplementary or updated list shall be printed within one week after a session held on the fourteenth day before a primary] a complete enrollment list and shall make such list available to the public upon request.
(b) If a political party authorizes unaffiliated electors to vote in a primary, under section 9-431, and a notice of primary is published, the registrars shall cause a list of all unaffiliated electors eligible to vote in the primary to be printed [within one week after the session held on the fourteenth day] before such primary. If unaffiliated electors are authorized to vote in only one party's primary and are authorized to vote for all offices to be contested at the primary, the registrars may print the list of unaffiliated electors in combination with such party's enrollment list, indicating party affiliation where applicable.
(c) If the legislative body of the municipality votes to eliminate separate enrollment lists under section 9-54 and:
(1) Notices of primaries are published for two parties to be held on the same day, the registrars of voters shall print complete separate enrollment lists [within one week after the enrollment session held on the fourteenth day before the primary] and, if unaffiliated electors are authorized to vote in the primary, the registrars of voters shall print a separate list of unaffiliated electors as provided in subsection (b) of this section; or
(2) A notice of primary is published for one party in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the registrars of voters shall print a complete separate enrollment list and a separate list of unaffiliated electors as provided in subsection (b) of this section; or
(3) A notice of primary is published for only one party and (A) unaffiliated electors are not authorized to vote, or (B) unaffiliated electors are authorized to vote for all offices to be contested at the primary, a registry list may be used as a checklist at the primary and the registrars of voters shall [, within one week after the session held on the fourteenth day before such primary,] print a supplementary or updated list indicating those electors who have become eligible to vote in the primary since the printing of the registry list.
(d) Whenever a list is required by this section to be printed, [within one week after the session held on the fourteenth day before the primary,] a supplement to such list shall be compiled by the registrars of voters of persons who after such date and prior to twelve o'clock noon of the last business day before the primary become eligible to vote in such primary. The registrars of voters may combine such separate compilation with the foregoing printed list [either by inserting the names in writing or] by reprinting the list or incorporating the supplementary [or updated list into a single printed] list.
(e) The registrars of voters shall [file one copy of each such list with the town clerk which copy shall be] make available for public use such list in the office of the [town clerk] registrars of voters until the printing of the next completed [, corrected] enrollment list; and they shall deliver to the chairman of the town committee of each political party [five] copies of each such list for each voting district in the town. Whenever the registrars of voters are not in their office, such list shall be placed outside of the office for public inspection. Upon request, the registrars of voters shall give one complete set of such lists to each candidate for nomination for any office or for election as a town committee member. They shall deliver a sufficient number of copies thereof to the moderator of each primary. [With each printing the registrars shall retain at least six copies of each such list and such copies shall be available for public use in the office of the registrars until the printing of the next complete, corrected enrollment list.] No petition brought under the provisions of section 9-63 shall operate to delay the completion and printing of such lists. If the petition of any elector is granted after any such list has been completed, the [registrar or assistant registrar] registrars of voters or assistant registrars of voters, as the case may be, shall issue to such elector a certificate showing that the elector is entitled to the privileges accompanying enrollment in the political party named in the elector's petition.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2010 |
9-7b(a) |
Sec. 2 |
July 1, 2010 |
9-236b |
Sec. 3 |
July 1, 2010 |
9-622 |
Sec. 4 |
from passage and applicable to elections held on and after said date |
9-623 |
Sec. 5 |
from passage and applicable to primaries and elections held on or after said date |
9-706(c) |
Sec. 6 |
from passage and applicable to primaries and elections held on or after said date |
9-706(g) |
Sec. 7 |
from passage and applicable to primaries and elections held on or after said date |
9-705(j) |
Sec. 8 |
from passage |
9-55 |
GAE |
Joint Favorable Subst. |
|
JUD |
Joint Favorable |