SB 441 — AN ACT CONCERNING ELECTION ADMINISTRATION OVERSIGHT.

3 July 1, 2024 New section JulysSB441 1,/ 2024File Sec.No.

4483 New6 sectionsSB441 StatementFile ofNo. Purpose:

To483 establishSec. a MunicipalElectionAccountability Boardandaprocess by which said board may be authorized to exercise oversight of municipalities in the administration of their elections, primaries and referenda.

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GAE Joint Favorable Subst.

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483 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ Secretary of the State GF - Cost Approximately Approximately 250,000 250,000 State Comptroller - Fringe GF - Cost 98,759 98,759 Benefits1 Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Potential See Below See Below Cost Explanation The bill establishes the Municipal Election Accountability Board (MEAB) within the office of the Secretary of the State (SOTS) and empowers the board to review misconduct when a case is referred to them and provide oversight when violations have occurred, resulting in a cost to the State of approximately $350,000 in FY 25 and FY 26, and a potential cost to municipalities.

The board is empowered to institute oversight of a municipality for violationsalongafour-tierbasisconsistingofvaryinglevelsofoversight authority if misconduct is found.

There is a potential cost to municipalities depending upon if misconduct is found and what 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 41.25% of payroll in FY 25.

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483 oversight is designated by MEAB.

The bill results in a cost of $250,000 in FY 25 and FY 26 for salary and other expenses to SOTS and $99,000 for fringe benefits for three additional staff members to facilitate the board as outlined in the bill (Attorney II, Administrative Assistant, and a Elections Officer ).

There is an additional cost due to the requirement for reimbursement of expenses to board members reasonable expenses related to the performance of the job.

This may include things like meeting space, software, technology required to facilitate meetings.

This cost is expected to vary depending upon the number of meetings required.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, wage increases, the number of meetings and oversight decisions of MEAB.

There is an annual salary cost of $97,141 for an Attorney II;

$62,221 for and Administrative Assistant;

and $80,053 for an Elections Officer.

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483 OLR Bill Analysis sSB 441 AN ACT CONCERNING ELECTION ADMINISTRATION OVERSIGHT.

SUMMARY This bill establishes a 15-person Municipal Election Accountability Board to receive referrals of election administration violations from certain state entities, courts, and election and municipal officials (e.g., early voting, absentee voting, and same-day election registration violations).

Further, the bill authorizes the board to (1) conduct review hearings to determine if violations occurred and (2) if violations took place, order varying oversight levels for election administration and establish procedural safeguards, up to a full intervention.

The bill specifies the board is within the Secretary of the State’s office for administrative purposes only and that it is not to be construed to affect the State Election Enforcement Commission’s (SEEC) or the secretary’s existing election oversight authority.

Additionally, it does not prevent anyone from seeking alternative remedies allowed by state election law.

By January 1, 2025, the bill requires the board to adopt any regulations it deems necessary to implement the bill’s provisions.

EFFECTIVE DATE:

July 1, 2024 BOARD OPERATIONS Board Membership Under the bill, the board consists of 15 members.

It includes the secretary of the state and SEEC’s executive director, or their respective designees, and 13 appointed members as shown in the table below.

The secretary of the state serves as the board’s chairperson.

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483 Table:

Appointed Members Appointing Authority Number Qualification House speaker, senate president pro tempore, and Election administration or election law house and senate minority 1 each experience leaders • One admitted to practice law in the state with election administration experience • Two moderators from different political parties and chosen from a list of five people recommended by the Registrars of Voters Association of Connecticut (ROVAC) • Two registrars of voters from different political parties and chosen from a list of five people recommended by ROVAC Secretary of the state 9 • Two town clerks from different political parties and chosen from a list of five people recommended by the Connecticut Town Clerks Association • Two municipal chief elected officials of different political parties and chosen from a list of five people jointly recommended by the Connecticut Conference of Municipalities and the Connecticut Council of Small Towns Members appointed by the secretary of the state are subject to legislative approval.

Among all appointed members, a municipality may only be represented once on the board.

The appointments are for four-year terms and until successors are appointed.

Initial appointments must be made by August 1, 2024.

Any vacancy will be filled for the original member’s remaining term.

Board Logistics Under the bill, appointed members must recuse themselves from participating in any board proceeding if they are, or an immediate family member is, involved in a matter before the board (this appears to disqualify a member from all board proceedings, including those with which they have no conflict).

Immediate family includes a spouse, child, sSB441 / File No.

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483 parent, sibling, or dependent relative living in the member’s home.

The bill specifies that members are not compensated for serving on the board, but can be reimbursed for expenses incurred in their duties.

REFERRAL TO THE BOARD Secretary of the State or SEEC The bill allows the secretary of the state or SEEC to refer a municipality to the board if either believes, based on any formal or informal complaints they have received, that there is a reasonable likelihood that irregularity or impropriety occurred in municipal election administration (i.e., for an election, primary, or referendum).

They must provide any supporting evidence with the referral, including any affidavits, written or electronic correspondence, and documented findings from an investigation.

Superior Court A superior court judge may also refer a municipality to the board based ona complaint beforethecourt about an allegedelectionviolation by the municipality.

They may do so for the same reason that the secretary of the state or SEEC can make the referral (i.e., reasonable likelihood of irregularity or impropriety).

The judge must provide any supporting evidence with the referral, including any record developed during a judicial proceeding.

Municipal Officers and Election Officials A town clerk, registrar of voters, or moderator may refer a municipality to the board if they observe an act or omission in a municipality that may impede required election administration duties.

Similarly, a municipality’s chief executive officer (CEO) may do this after a review of the municipality’s practices.

The officer or official must provide any supporting evidence, including affidavits, written or electronic correspondence, procedure manuals and other guidance documents, absentee ballot application logs, moderator’s diaries, and other contemporaneously-produced notes or records.

BOARD REVIEW sSB441 / File No.

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483 Under the bill, when a municipality is referred by one of the above entities, the board must (1) notify the referred municipality and (2) hold a review hearing within 10 days after the referral to present to the municipality the evidence provided by the referring entity.

Before the hearing, themunicipality must have theopportunity to submit awritten response to the board about the referral.

At the hearing, the municipality has the right to respond to the evidence, including to rebut any fact alleged or confront witnesses.

The municipality may be represented by the municipal CEO, corporation counsel, or any other authorized representative.

Within five days after the hearing, the board must vote on whether to designate a municipality for oversight.

In making its decision, the board must consider (1) the municipality’s response to the evidence;

(2) the nature and severity of the alleged irregularities and improprieties, including if an election crime or a violation of the state’s voting rights act occurred;

and (3) how often these irregularities and improprieties appear to occur.

If oversight is approved, the board must determine the tier of oversight to be applied (see below) and how long the municipality will be subject to oversight.

(The bill does not specify voting procedures or what voting threshold is required to take action.) The board’s determination may be appealed under the Uniform Administrative Procedures Act and is privileged for assignment.

OVERSIGHT TIERS The bill establishes four tiers of oversight that the board may implement.

Low-numbered tiers generally warrant less oversight while high-numbered tiers warrant more.

Tiers I & II Tier I oversight consists of the following:

1.

developing and submitting a plan to mitigate the board’s concerns, subject to any modifications and approval of the board;

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mandatory training for election officials in election administration procedures conducted by (a) the secretary of the state;

(b) moderators, town clerks, or registrars selected by her;

or (c) a combination of both;

and 3.

distribution of instruction or training manuals or other resources to educate on election administration best practices.

Tier II oversight consists of all measures for Tier I, plus regular board contact with the municipality to ensure compliance.

Tier III Under Tier III oversight, the municipality is subject to a board- appointed election monitor who is authorized to conduct inspections, inquiries, and investigations related to election administration duties and responsibilities performed by municipal officials and their appointees.

The bill requires a monitor to immediately report any irregularity or impropriety discovered in these efforts to the secretary.

To carry out these duties, the bill requires that the monitor have access to any records, data, andmaterialmaintained or availableto the officials or appointees.

Further, the municipality must give the monitor any office space, supplies, equipment, and services necessary to perform these responsibilities.

Tier IV Tier IV oversight consists of complete board administration of any election, primary, or referendum in the municipality and related procedures, regardless of any other provision of state municipal or election laws, any special act, or any charter or home rule ordinance.

COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 14 Nay 5 (03/26/2024) sSB441 / File No.

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