HB 5540 — AN ACT CONCERNING CERTAIN AUTHORITY OF THE SECRETARY OF THE STATE.

General Assembly ProposedCommittee Bill No.

9635600 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:

(GAE) AN ACT CONCERNING CERTAIN AUTHORITY OF THE SECRETARY OF THE STATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1.

Section 9-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute and subject to the provisions of subdivision (2) of this subsection, the Secretary's regulations, declaratory rulings, instructions and opinions, if in written form, and anyorderissuedundersubsection(b)ofthissection [,shallbepresumed as correctly interpreting and effectuating the administration of elections and primaries under this title, except for chapters 155 to 158, inclusive, and] shall be executed, carried out or implemented, as the case may be, provided nothing in this section shall be construed to alter the right of appeal provided under the provisions of chapter 54.

Any such written instruction or opinion shall be labeled as an instruction or opinion LCO No.

5600 1 of 3 Committee Bill No.5540 issued pursuant to this section, as applicable, and any such instruction or opinion shall cite any authority that is discussed in such instruction or opinion.

(2)(A) In thecase ofany declaratory ruling issuedpursuant to section 4-176, or any instruction, opinion or order issued under the provisions of this section, that is so issued earlier than ninety days prior to any regular election, the Secretary of the State shall adopt such declaratory ruling, instruction, opinion or order as a regulation, in accordance with the provisions of chapter 54.

Prior to any such issuance, the Secretary shall publish on the eRegulations System a notice of intent to adopt (i) such declaratory ruling as a regulation not later than sixty days after receipt of a petition for a declaratory ruling, and (ii) such instruction, opinionororder asaregulationimmediatelyuponproposing to so issue any such instruction, opinion or order.

Such declaratory ruling, instruction, opinion or order shall be effective when the regulation is posted on the eRegulations System by the Secretary of the State under section 4-172.

(B) In the case of any declaratory ruling issued pursuant to section 4- 176, or any instruction, opinion or order issued under the provisions of this section, that is so issued later than ninety days prior to any regular election, the Secretary of the State shall submit such declaratory ruling, instruction, opinion or order to the General Assembly.

The General Assembly may disapprove such declaratory ruling, instruction, opinion or order by a majority vote in each chamber.

In any matter challenging a decision of the General Assembly with regard to any such declaratory ruling, instruction, opinion or order, the Supreme Court shall exercise original jurisdiction.

(b) During any municipal, state or federal election, primary or recanvass, or any audit conducted pursuant to section 9-320f, the Secretary of the State may issue an order, whether orally or in writing, to any registrar of voters or moderator to correct any irregularity or impropriety in the conduct of such election, primary or recanvass or LCO No.

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5540 audit.

Any such order shall be effective upon issuance.

As soon as practicable after issuance of an oral order pursuant to this subsection, the Secretary shall reduce such order to writing, cite within such order anyapplicableprovisionoflawauthorizingsuchorderandcauseacopy of such written order to be delivered to the individual who is the subject of such order or, in the case that such order was originally issued in writing, issue a subsequent written order that conforms to such requirements.

The Superior Court, on application of [the Secretary or] the Attorney General,may enforce by appropriate decree or process any such order issued pursuant to this subsection.

This act shall take effect as follows and shall amend the following sections:

Section 1 from passage 9-3 Statement of Purpose:

To (1) eliminate the presumption that the Secretary of the State's declaratory rulings, opinions,instructionsandorderscorrectly interpret and effectuate the administration of elections and primaries, (2) require that any such declaratory ruling, opinion, instruction or order be submitted for review and approval by the legislative branch, and (3) eliminate the ability of the Secretary to apply to the Judicial Branch for enforcement of certain orders issued by the Secretary.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:

MASTROFRANCESCO, 80th Dist.Dist.;

FISHBEIN, 90th Dist.

REP.

LABRIOLA,CARPINO, 131st32nd Dist.Dist.;

CARPINO,FISHBEIN, 32nd90th Dist.

REP.

LABRIOLA, 131st Dist.;

ANREP. ACT CONCERNING THE SECRETARY OF THE STATE.

BeANDERSON, it62nd enactedDist. by the Senate and House of Representatives in General Assembly convened:

ThatH.B. section 9-3 of the general statutes be amended to (1) restrict certain powers and duties of the Secretary of the State related to the conduct of elections, (2) eliminate the presumption that the Secretary's regulations, declaratory rulings, instructions, opinions and orders correctly interpret and effectuate the administration of elections and primaries under title 9 of the general statutes, and (3) in the case of certain orders of the Secretary to registrars of voters or moderators to correct certain irregularities or improprieties, limit the ability of the Secretary to apply to the Superior Court for enforcement of such orders.

Statement5540 ofLCO Purpose:No.

To5600 limit3 the authority of the3 Secretary of the State with regardto election laws.

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