HB 5253 — AN ACT CONCERNING VOTING PROCEDURES FOR AND STATE ELECTIONS ENFORCEMENT COMMISSION OVERSIGHT OF FIRE DISTRICTS.

1532319 9 ofsHB5253 14File RaisedNo. Bill No.5253 requirements of chapters 155 and 157, (C) subject to the provisions of subsection (c) of this section, issue and publish guidance documents relating to the requirements of chapters 155 and 157, and (D) make recommendations to the General Assembly concerning suggested revisions of the election laws, except that the commission shall not issue any declaratory ruling or advisory opinion relating to the provisions of chapter 157 during the one-hundred-eighty-day period immediately preceding a state election, provided nothing in this subdivision shall be construed to limit the commission's ability during such period to provide general guidance and clarification relating to the provisions of chapter 157;

(15)319 To the extent that the [Elections Enforcement Commission] commission is involved in the investigation of alleged or suspected criminal violations of any provisiondeclaratory ofruling the general statutes or sectionadvisory 1opinion of this act pertaining to or relating to any such election, primary, [or] referendum or meeting of a fire district and is engaged in such investigation for the purposeprovisions of presentingchapter evidence157 toduring the Chiefone-hundred-eighty-day State'speriod Attorney,immediately thepreceding [Elections Enforcement Commission] commission shall be deemed a lawstate enforcementelection, agency for purposes of subdivision (3) of subsection (b) of section 1-210, provided nothing in this sectionsubdivision shall be construed to exemptlimit the [Electionscommission's Enforcementability Commission]during commissionsuch inperiod anyto otherprovide respectgeneral fromguidance theand requirementsclarification ofrelating to the Freedomprovisions of Informationchapter Act,157; as defined in section 1-200;

(15) To the extent that the [Elections Enforcement Commission] 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 or in the case of a violation of section 1 of this act, a meeting of a fire district, and is engaged in such investigation for the purpose of presenting evidence to the Chief State's Attorney, the [Elections Enforcement Commission] 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] commission in any other respect from the requirements of the Freedom of Information Act, as defined in section 1-200;

(18) To receive and determine complaints filed under the Help LCOAmerica No.Vote Act, P.L.

1532 10 of 14 Raised Bill No.5253 America Vote Act, P.L.

The commission shall make a final determinationsHB5253 with/ respectFile toNo. 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.

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319 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.

Special meetings of the district may be called on the application of ten per cent of the total number of persons qualified to vote in the meeting of a district or twenty of the voters of such district, whichever is less, or by the president or any three directors upon giving notice as LCOhereinafter No.provided.

1532 11 of 14 Raised Bill No.5253 hereinafter provided.

TwosHB5253 hundred/ orFile moreNo. persons or ten per cent of the total number of persons qualified to vote in the meeting of a district, whichever is less, may petition the clerk of such district, in writing, at least twenty-four hours prior to any such meeting, requesting that any item or items on the call of such meeting be submitted to the persons qualified to vote in suchmeetingnotlessthansevennormorethanfourteendaysthereafter, on a day to be set by the district meeting or, if the district meeting does not set a date, by the board of directors, for a vote by paper ballots or by a "yes" or "no" vote on the voting [machines] tabulators, during the hours between twelve o'clock noon and eight o'clock p.m., except that any district may, by vote of its board of directors, provide for an earlier hour for opening the polls but not earlier than six o'clock a.m.

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319 Two hundred or more persons or ten per cent of the total number of persons qualified to vote in the meeting of a district, whichever is less, may petition the clerk of such district, in writing, at least twenty-four hours prior to any such meeting, requesting that any item or items on the call of such meeting be submitted to the persons qualified to vote in suchmeetingnotlessthansevennormorethanfourteendaysthereafter, on a day to be set by the district meeting or, if the district meeting does not set a date, by the board of directors, for a vote by paper ballots or by a "yes" or "no" vote on the voting [machines] tabulators, during the hours between twelve o'clock noon and eight o'clock p.m., except that any district may, by vote of its board of directors, provide for an earlier hour for opening the polls but not earlier than six o'clock a.m.

and all meetings of the district where a quorum is present may be adjourned from time to time by a vote of a LCOmajority No.of the voters voting on the question of adjournment.

1532 12 of 14 Raised Bill No.5253 majority of the voters voting on the question of adjournment.

[He] The president shall preside at all meetings of the voters of the district and at allmeetingsofthedirectors,andatallmeetingswhere [he]thepresident presides,sHB5253 [he]/ theFile presidentNo. shall vote to dissolve a tie when necessary.

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319 presides, [he] the president shall vote to dissolve a tie when necessary.

(d) Notwithstanding any provision of this chapter or any special act, LCO[to No.the contrary,] a district may, at its annual meeting or at a special meeting called in accordance with the provisions of this section, (1) increase the membership of the board of directors of the district to nine members, three of whom may be elected each year to three-year terms, and in such case, require the officers of the district to be chosen from among the members of the board, or (2) provide for one member of the board of directors of the district to serve as both clerk and treasurer of the district.

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5253 [to the contrary,] a district may, at its annual meeting or at a special meeting called in accordance with the provisions of this section, (1) increase the membership of the board of directors of the district to nine members, three of whom may be elected each year to three-year terms, and in such case, require the officers of the district to be chosen from among the members of the board, or (2) provide for one member of the board of directors of the district to serve as both clerk and treasurer of the district.

(Effective from passage) Not later than July 1, 2027, the State Elections Enforcement Commission shall coordinate with each fire districtsHB5253 in/ theFile stateNo. to promote implementation of and compliance with the provisions of section 7-327 of the general statutes, as amended by this act, applicable to fire districts and of section 1 of this act.

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319 district in the state to promote implementation of and compliance with the provisions of section 7-327 of the general statutes, as amended by this act that are applicable to fire districts and the provisions of section 1 of this act.

4 from passage New section StatementGOS ofJoint Purpose:Favorable Subst.

TosHB5253 (1)/ requireFile certainNo. voting procedures for the transaction of business at meetings of fire districts, and (2) authorize State Elections Enforcement Commission jurisdiction over fire districts in matters relating to the conduct of such meetings, including such voting procedures.

[Proposed319 deletions14 aresHB5253 enclosedFile inNo. brackets.

Proposed319 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

1532In 14general, fiscal impacts are based upon a variety of 14informational 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:

Agency Affected Fund-Effect FY 27 $ FY 28 $ Elections Enforcement GF - Cost None 91,000 Commission State Comptroller - Fringe GF - Cost None 36,000 Benefits1 Resources of the General Fund GF - Potential None Minimal Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill creates new requirements around elections and oversight for fire districts within the state and expands the authority of the State Elections Enforcement Commission (SEEC) to oversee those elections, resulting in a General Fund cost of $127,000 in FY 28 and $124,000 annually thereafter.

Section1 imposesa seriesofrequirementsontheconduct ofelections within fire districts and empowers SEEC to investigate and issue civil penalties for violations of up to $2,000 per offense, resulting in a potential minimal revenue gain to the General Fund beginning in FY 28.

The exact revenue gain will depend on the number and value of additional penalties imposed by SEEC and the courts in response to the legislation.

The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 41.82% of payroll in FY 27.

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319 Sections 2 and 3 expand SEEC's authority and oversight responsibilities for elections within fire districts, resulting in a cost of $91,000 to SEEC in FY 28 and $88,000 annually thereafter, with an associated annual fringe cost of $36,000 beginning in FY 28.

SEEC will need to hire one legal investigator at a salary of $86,000 to support the expanded responsibilities and oversight created by the bill's provisions.

Other expenses costs for the position total $5,000 in FY 28 and $2,000 annually thereafter, for a one-time equipment cost of approximately $3,000 in FY 28 and an ongoing annual legal software cost of $2,000 beginning in FY 28.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future, subject to inflation and the number of additional fines imposed in response to the bill.

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319 OLR Bill Analysis sHB 5253 AN ACT CONCERNING VOTING PROCEDURES FOR AND STATE ELECTIONS ENFORCEMENT COMMISSION OVERSIGHT OF FIRE DISTRICTS.

SUMMARY This bill requires that all votes at a fire district meeting be conducted using paper ballots and only those present at a meeting may vote.

The bill also explicitly prohibits using absentee ballots for these votes.

The bill’s provisions apply regardless of whether the fire district operates under special act or state law.

Correspondingly, the bill allows any person qualified to vote at a fire district meeting who alleges a violation of these provisions or the state law’s special taxing district meeting requirements (if concerning a fire district) and is wronged as a result, to file a complaint with the State Elections Enforcement Commission (SEEC).

The bill authorizes SEEC to investigate these complaints and make decisions on them.

These decisions may be appealed to the court, as allowed under the Uniform Administrative Procedures Act, which may (1) award reasonable attorney’s fees, litigation costs, and punitive damages;

(2) hold fire district officers personally liable for these costs if they knowingly and willfully violated these provisions or any other similar wrongdoing related to voting at fire district meetings;

and (3) grant any other relief the court deems appropriate (for example, ordering a new vote).

Additionally, the bill requires SEEC, by July 1, 2027, to coordinate with fire districts to promote compliance with the bill.

The bill also updates outdated references to “voting machines” and “voting machine ballot labels” that may be used during special taxing sHB5253 / File No.

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319 district meetings by replacing these references with “voting tabulator” and “voting tabulator ballots” (§ 3).

Finally, the bill makes technical and conforming changes.

EFFECTIVE DATE:

July 1, 2027, except that provision regarding SEEC’s coordination with fire districts is effective upon passage.

SEEC AUTHORITY OVER FIRE DISTRICTS Investigative Authority Existing law authorizes SEEC to conduct investigations on its own initiative or in response to statements from the secretary of the state or any town clerk or registrar, as well as when any individual submits a written complaint under oath.

Under current law, SEEC may generally investigate state law violations relating to an election, referendum, or primary as defined under the state’s election laws.

The bill expands this authority to include considering sworn written complaints from eligible votersof fire districts about violations of (1)the bill’s voting requirements and (2) state law’s requirements for voting during a special taxing district meeting.

Fire districts, like other special taxing districts, are wholly within a town and have the power to make appropriations or to levy taxes.

Unlike voters under federal and state electionlaw, special taxing district voters do not necessarily need to live in the applicable district, but instead may have the right to vote if they are a U.S.

citizen and own qualifying property in the district (CGS § 7-6).

The bill explicitly expands SEEC’s authority to, among other things, (1) hold hearings on and investigate these matters;

(2) subpoena any fire district clerk for its investigations;

(3) administer oaths, examine witnesses, and receive evidence;

(4) compel production of records, forms, and documents related to votes at fire district meetings;

(5) order firedistrictclerkstoimpoundvotingtabulators foraninvestigation;and (6) voluntarily secure compliance, through informal methods, with the bill’s restrictions or fire district meetings.

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319 Under current law, if someone violates the state’s election administration laws, SEEC may revoke their eligibility to serve as an election, primary, or referendum official, and unofficial checker, and any other official capacity at a polling place on the day of an election, primary, referendum.

The bill expands this authority to include prohibiting serving in these roles at fire district meetings.

Under the bill, SEEC may also do so if it finds a person intentionally violated the bill’s voting requirements.

Current law already generally authorizes SEEC to take these actions for elections, primaries, and referendums unrelated to fire districts.

Under existing law and the bill, SEEC is deemed a law enforcement agency if investigating to provide evidence to the chief state’s attorney.

As with similar criminal investigations SEEC conducts, the bill exempts certain investigatory records concerning fire district investigations from the Freedom of Information Act (FOIA).

Under FOIA, investigatory records of law enforcement agencies that are not available to the public may be exempt from FOIA if their release would not be in the public interest because it would, among other things,(1) identify informants or minor witnesses, (2) disclose signed or sworn witness statements, or (3) reveal investigatory techniques the public is not aware of.

Fines Under existing law, SEEC may levy a civil penalty of up to $2,000 against a person for violating certain election-related laws or against certain specified officials for failing to discharge a duty under the state’s laws on elections and voting methods.

The bill additionally allows for a fine against any person who (1) violates the state’s law on fire district meetings or the bill’s voting requirements or (2) improperly votes at a fire district meeting, including if they were not legally qualified to vote.

The bill also (1) adds fire district officers to the list of officials that may be fined for failing to discharge their duty and (2) expands SEEC’s authority to levy fines against violators of the state’s special taxing district meeting law or the bill’s voting requirements, as well as any sHB5253 / File No.

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319 official failing to discharge a duty under these laws.

(It appears to authorize SEEC to issue a fine for violations of the state’s special taxing district meeting law unrelated to any voting.) COMMITTEE ACTION Government Oversight Committee Joint Favorable Substitute Yea 9 Nay 3 (03/17/2026) sHB5253 / File No.

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