Connecticut 2021 Regular Session Status: Passed House Bipartisan · 4 R · 1 D cosponsors

HB 6325 — AN ACT CONCERNING THE SECRETARY OF THE STATE, ABSENTEE BALLOTS AND ELECTION AUDITS.

Last action — SENATE CALENDAR NUMBER 568

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

318 added · 407 removed

318 line(s) added, 407 removed.

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General Assembly Committee Bill No.
House of Representatives General Assembly File No.
6325 January Session, 2021 LCO No.
500 January Session, 2021 Substitute House Bill No.
4990 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:
6325 House of Representatives, April 19, 2021 The Committee on Government Administration and Elections reported through REP.
(GAE) AN ACT CONCERNING THE SECRETARY OF THE STATE, ABSENTEE BALLOTS AND ELECTION AUDITS.
FOX of the 148th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING THE SECRETARY OF THE STATE, ABSENTEE BALLOTS AND ELECTION AUDITS.
(Effective from passage) Not later than October 1, 2021, the Secretary of the State shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to elections (1) identifying each statute, regulation, requirement or part thereof regarding the conduct of elections that was modified or suspended, in whole or in part, by (A) executive order of the Governor issued pursuant to section 28-9 of the general statutes, or (B) declaratory ruling, instruction, opinion or order of the Secretary issued pursuant to section 9-3 of the general statutes, as amended by this act, for any electionorprimaryheldin2020or2021,and(2)explaininganddetailing each such modification or suspension.
Sec.
2.
Section 9-3 of the generalstatutes isrepealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(a) The Secretary of the State, by virtue of the office, shall be the LCO No.
4990 1 of 13 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, the Secretary's regulations, declaratory rulings, instructions and opinions, if in written form, and any order issued under subsection (b) of this section, shall be presumed 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 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.
(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 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.
(c) Prior to issuing any declaratory ruling pursuant to section 4-176, as amended by this act, or any instruction, opinion or order under the provisions of this section, 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.
The Secretary shall LCO No.
4990 2 of 13 publish on the eRegulations System a notice of intent to adopt (1) such declaratory ruling as a regulation not later than sixty days after receipt of a petition for a declaratory ruling, and (2) such instruction, opinion or order as a regulation immediately upon proposing 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.
Sec.
3.
Subdivision (16) of section 4-166 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(16) "Regulation" means each agency statement of general applicability, without regard to its designation, that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency.
The term includes the amendment or repeal of a prior regulation, but does not include (A) statements concerning only the internal management of any agency and not affecting private rights or procedures available to the public, (B) declaratory rulings issued pursuant to section 4-176, as amended by this act, other than declaratory rulings described in section 9-3, as amended by this act, or (C) intra-agency or interagency memoranda;
Sec.
4.
Section 4-176 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any person may petition an agency, or an agency may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter within the jurisdiction of the agency.
(b) Each agency shall adopt regulations, in accordance with the provisions of this chapter, that provide for (1) the form and content of petitions for declaratory rulings, (2) the filing procedure for such petitions and (3) the procedural rights of persons with respect to the petitions.
LCO No.
4990 3 of 13 (c) Within thirty days after receipt of a petition for a declaratory ruling, an agency shall give notice of the petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the petition.
(d) If the agency finds that a timely petition to become a party or to intervene has been filed according to the regulations adopted under subsection (b) of this section, the agency:
(1) May grant a person status as a party if the agency finds that the petition states facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency proceeding;
and (2) may grant a person status as an intervenor if the agency finds that the petition states facts demonstrating that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.
The agency may define an intervenor's participation in the manner set forth in subsection (d) of section 4-177a.
(e) Within sixty days after receipt of a petition for a declaratory ruling, an agency in writing shall:
(1) Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified circumstances, (2) order the matter set for specified proceedings, (3) agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory ruling and initiate regulation- making proceedings, under section 4-168, on the subject, [or] (5) decide not to issue a declaratory ruling, stating the reasons for its action, or (6) in the case of a declaratory ruling described in section 9-3, as amended by this act, publish notice of intent to adopt regulations concerning such declaratory ruling.
(f) A copy of all rulings issued and any actions taken under subsection (e) of this section shall be promptly delivered to the petitionerandotherpartiespersonallyorbyUnitedStatesmail,certified or registered, postage prepaid, return receipt requested.
(g) If the agency conducts a hearing in a proceeding for a declaratory LCO No.
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4990 4 of 13 ruling, the provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall apply to the hearing.
(h)[A]Exceptasprovidedinsubsection(c)of section9-3,asamended by this act, a declaratory ruling shall be effective when personally delivered or mailed or on such later date specified by the agency in the ruling, shall have the same status and binding effect as an order issued in a contested case and shall be a final decision for purposes of appeal in accordance with the provisions of section 4-183.
A declaratory ruling shall contain the names of all parties to the proceeding, the particular facts on which it is based and the reasons for its conclusion.
(i) If an agency does not issue a declaratory ruling, other than a declaratory ruling described in section 9-3, as amended by this act, within one hundred eighty days after the filing of a petition therefor, or within such longer period as may be agreed by the parties, the agency shall be deemed to have decided not to issue such ruling.
(j) The agency shall keep a record of the proceeding as provided in section 4-177.
Sec.5.
Subsection(l)ofsection9-140ofthegeneralstatutesisrepealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(l) (1) No candidate, party or political committee, or agent of such candidate or committee shall mail unsolicited applications for absentee ballots to any person, unless such mailing includes:
[(1)] (A) A written explanation of the eligibility requirements for voting by absentee ballot as prescribed in subsection (a) of section 9-135, and [(2)] (B) a written warning that voting or attempting to vote by absentee ballot without meeting one or more of such eligibility requirements subjects the elector or applicant to potential civil and criminal penalties.
As used in this [subsection] subdivision, "agent" means any person authorized to act on behalf of another person.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, neither the Secretary of the State nor any registrar of voters, LCO No.
4990 5 of 13 town clerk or any individual appointed thereby shall mail unsolicited applications for absentee ballots to any person.
Sec.
6.
(NEW) (Effective from passage) Notwithstanding the provisions of subsection (c) of section 9-147a and sections 9-150a and 9-150e of the general statutes, whenever at any election the General Assembly authorizes absentee ballots to be processed before the day of such election, (1) the registrars of voters of each municipality shall appoint absentee ballot counters for such purpose and such absentee ballot counters shall so process absentee ballots before the day of such election in accordance with applicable provisions of law, and (2) in the case of any returned absentee ballot for which the statement on the inner envelope has not been signed as required by section 9-140a of the general statutes, (A) the registrars of voters shall not contact the absentee ballot applicant who returned such absentee ballot for the purpose of curing such lack of signature, and (B) the absentee ballot counters shall not open such inner envelope or remove the ballot therefrom, shall replace such inner envelope in the opened outer envelope and shall mark such outer envelope "Rejected" and endorse the reason for such rejection on such outer envelope.
Sec.
7.
(Effective October 1, 2021) (a) Notwithstanding the provisions of section 7-192a of the general statutes, the Secretary of the State shall establish a pilot program for the manual or electronic verification of signatures on the inner envelopes for returned absentee ballots at the 2022 state election.
The Secretary shall randomly select five municipalities for participation in such pilot program, in accordance with the following:
(1) One municipality with a population of less than ten thousand;
(2) one municipality with a population of ten thousand or greater, but less than twenty-five thousand;
(3) one municipality with a population of twenty-five thousand or greater, but less than fifty thousand;
(4) one municipality with a population of fifty thousand or greater, but less than one hundred thousand;
and (5) one municipality with a population ofone hundred thousand or greater.
For thepurposes of this section, "population" means the estimated number of people according to the most recent version of the State Register and Manual LCO No.
4990 6 of 13 prepared pursuant to section 3-90 of the general statutes.
(b) Not later than January 1, 2023, the Secretary of the State shall submit a report on the findings of the pilot program described in subsection (a) of this section and recommendations for legislation to the joint standing committee of the General Assembly having cognizance of mattersrelatingtoelections,inaccordancewiththeprovisionsofsection 11-4a of the general statutes.
Sec.
8.
Subsection (b) of section 9-139a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The application for absentee ballot shall be in the form of a statement signed under the penalties of false statement in absentee balloting.
Each application shall contain (1) spaces for the signature underthepenaltiesoffalsestatementinabsenteeballotingofanyperson who assists the applicant in the completion of an application, together with the information required in section 9-140, as amended by this act, [and] (2) spaces for the signature and the printed or typed name of the applicant, and (3) a conspicuously placed statement of the penalties for violation of any provision of said section regarding possession, completion or return of an application.
Sec.
9.
(3) One appointed by the minority leader of the House of LCO No.
(3) One appointed by the minority leader of the House of Representatives;
4990 7 of 13 Representatives;
sHB6325 / File No.
(4) One appointed by the minority leader of the Senate;
500 1 sHB6325 File No.
500 (4) One appointed by the minority leader of the Senate;
(e)The speaker oftheHouse ofRepresentativesandthepresident pro tempore of the Senate shall select the chairpersons of the task force from LCO No.
(e)The speaker oftheHouse ofRepresentatives andthepresident pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force.
4990 8 of 13 among the members of the task force.
Such chairpersons shall schedule thefirst meeting ofthe task force, whichshall beheld not later thansixty sHB6325 / File No.
Such chairpersons shall schedule thefirst meeting ofthe task force, whichshall beheld not later thansixty days after the effective date of this section.
500 2 sHB6325 File No.
500 days after the effective date of this section.
10.
2.
LCO No.
(4) One appointed by the minority leader of the House of Representatives;
4990 9 of 13 (4) One appointed by the minority leader of the House of Representatives;
sHB6325 / File No.
(5) One appointed by the minority leader of the Senate;
500 3 sHB6325 File No.
500 (5) One appointed by the minority leader of the Senate;
(g) Not later than January 31, 2022, the working group shall submit a LCO No.
(g) Not later than January 31, 2022, the working group shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters sHB6325 / File No.
4990 10 of 13 report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to elections, in accordance with the provisions of section 11-4a of the general statutes, and to the Secretary of the State.
500 4 sHB6325 File No.
500 relating to elections, in accordance with the provisions of section 11-4a of the general statutes, and to the Secretary of the State.
11.
3.
In the case of a minor party, the selection of town committee LCO No.
In the case of a minor party, the selection of town committee members and delegates to conventions shall not be valid unless at least one copy of the party rules regulating the manner of making such sHB6325 / File No.
4990 11 of 13 members and delegates to conventions shall not be valid unless at least one copy of the party rules regulating the manner of making such selection has been filed in the office of the Secretary of the State at least sixty daysbefore such selectionismade.
500 5 sHB6325 File No.
500 selection has been filed in the office of the Secretary of the State at least sixty daysbefore such selectionismade.
2 October 1, 2021 9-3 Sec.
2 from passage New section Sec.
3 October 1, 2021 4-166(16) Sec.
3 from passage 9-374 GAE Joint Favorable Subst.
4 October 1, 2021 4-176 Sec.
sHB6325 / File No.
5 October 1, 2021 9-140(l) from passage Sec.
500 6 sHB6325 File No.
6 New section Sec.
500 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.
7 October 1, 2021 New section Sec.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
8 from passage 9-139a(b) Sec.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
9 from passage New section Sec.
OFA Fiscal Note State Impact:
10 from passage New section Sec.
None Municipal Impact:
11 from passage 9-374 LCO No.
Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential See Below See Below Cost Explanation This bill establishes a task force to study the feasibility of implementing procedures under which absentee ballot applicants return absentee ballots using one envelope, and a working group to examine risk-limiting auditsandoversee arelatedpilot program,within available appropriations, in five to ten municipalities for the 2021 municipal elections.
4990 12 of 13 Statement of Purpose:
A municipality may incur minimal costs to take part in the pilot program;
To (1) require the Secretary of the State to report on certain election laws modified or suspended for any primary or election held in 2020 or 2021, (2) require any declaratory ruling, instruction, opinion or order of the Secretary to be adopted as a regulation and submitted to the Legislative Regulation Review Committee, (3) prohibit the unsolicited mailing of absentee ballots by certain election officials, (4) provide state-wide consistency regarding pre-election day processing of absentee ballots whenever authorized and prohibit registrars of voters from contacting voters for the purpose of curing unsigned absentee ballots, (5) require the Secretary to establish a pilot program from the verification of signatures on returned absentee ballot envelopes, (6) require that absentee ballot applications contain a statement regarding penalties for noncompliance with certain provisions, (7) establish a task force to study the feasibility of single-envelope returns of absentee ballots, (8) establish a working group to examine risk-limiting audits of election results, and (9) change the deadline by which minor parties need to file their rules with the Secretary prior to nominating candidates for office.
however, as the pilot program is voluntary it is assumed that a municipality would participate only to the extent it has available resources.
[Proposed deletions are enclosed in brackets.
The establishment of a task force has no fiscal impact as PA 17-236 prohibits transportation allowances for task force members.
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:
Lastly, the bill also moves up the deadline by which minor parties must file a copy of their party rules with the Secretary of the State, from at least 60 days to at least 180 days, before nominating candidates for office.
REP.
This provision has no fiscal impact.
MASTROFRANCESCO, 80th Dist.;
sHB6325 / File No.
SEN.
500 7 sHB6325 File No.
SAMPSON, 16th Dist.
500 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
REP.
sHB6325 / File No.
FRANCE, 42nd Dist.;
500 8 sHB6325 File No.
REP.
500 OLR Bill Analysis sHB 6325 AN ACT CONCERNING THE SECRETARY OF THE STATE, ABSENTEE BALLOTS AND ELECTION AUDITS.
FISHBEIN, 90th Dist.
SUMMARY This bill establishes a (1) task force to study the feasibility of implementing procedures under which absentee ballot applicants return absentee ballots using one envelope, instead of two, and (2) working group to examine risk-limiting audits and oversee a related pilot program, within available appropriations, in five to 10 municipalities for the 2021 municipal elections.
REP.
The bill also moves up the deadline by which minor parties must file a copy of their party rules with the secretary of the state, from at least 60 days to at least 180 days, before nominating candidates for office.
ANDERSON, 62nd Dist.
“Party rules” include any amendments to them.
H.B.
By law, minor parties must nominate candidates and certify the list of candidates no later than 62 days before the election (e.g., September 20, 2020) (CGS § 9-452).
6325 LCO No.
A copy of the party rules must be on file with the secretary by the deadline in order for a nominated candidate’s name to appear on the official ballot.
4990 13 of 13
EFFECTIVE DATE:
Upon passage § 1 — TASK FORCE ON ABSENTEE BALLOT ENVELOPES The bill establishes a 12-member task force to study the feasibility of implementing procedures under which absentee ballot applicants return absentee ballots using one envelope, instead of two.
The study must examine and identify each section of the general statutes that requires amending to implement these procedures.
Membership sHB6325 / File No.
500 9 sHB6325 File No.
500 Under the bill, the task force consists of the following members:
1.
the secretary of the state, or her designee;
2.
one member each appointed by the Senate president pro tempore,Housespeaker,andSenateandHouseminorityleaders;
3.
one member each appointed by the Government Administration and Elections Committee chairpersons and ranking members;
4.
two members, enrolledindifferent politicalparties, appointedby the president of the Registrars of Voters Association of Connecticut;
and 5.
onemember appointedby the president ofthe Connecticut Town Clerks Association.
Initial appointments must be made no later than 30 days after the bill’s passage.
Legislative appointments may be legislators and appointing authorities fill vacancies.
The House speaker and Senate president pro tempore must select the task force chairpersons from among its members.
Meeting, Staff, and Reporting The billrequiresthechairpersons toholdthetask force’sfirst meeting no later than 60 days after the bill’s passage.
The Government Administration and Elections Committee administrative staff serve as the task force’s administrative staff.
By January 1, 2022, the task force must report its findings and recommendations to the Government Administration and Elections Committee.
It terminates on that date or when it submits the report, whichever is later.
§ 2 — WORKING GROUP ON RISK-LIMITING AUDITS The bill establishes a 12-member working group on risk-limiting audits.
The group’s purpose is to (1) look at using risk-limiting audits to determine the accuracy of election results and (2) oversee a pilot sHB6325 / File No.
500 10 sHB6325 File No.
500 program, withinavailableappropriations,infive to 10municipalities on one or more risk-limiting audit methods for the 2021 municipal elections.
As part of its work, the working group must at least examine the following:
1.
the feasibility of implementing risk-limiting audits;
2.
different methods used in these audits and the practical considerations for implementing each method within Connecticut’s existing statutory framework;
and 3.
procedures, potential equipment, and changes to the statutory framework necessary to implement one or more of these methods.
Membership Under the bill, the working group consists of the following members:
1.
the secretary of the state, or her designee;
2.
one member each appointed by the Senate president pro tempore,Housespeaker,andSenateandHouseminorityleaders;
3.
two members, enrolledindifferent politicalparties, appointedby the Government Administration and Elections Committee chairpersons and ranking members;
4.
two members appointed by the secretary of the state, one with election law expertise and admitted to practice law in Connecticut, and the other a statistician;
5.
two members, enrolledindifferent politicalparties, appointedby the president of the Registrars of Voters Association of Connecticut;
and 6.
the director of UConn’s Center for Voting Technology Research, or the director's designee.
sHB6325 / File No.
500 11 sHB6325 File No.
500 Initial appointments must be made no later than 30 days after the bill’s passage.
Legislative appointments may be legislators and appointing authorities fill vacancies.
The secretary of the state, or her designee, serves as the chairperson.
Meeting, Staff, and Reporting The bill requires the secretary of the state, or her designee, to hold the task force’s first meeting no later than 60 days after the bill’s passage.
The Government Administration and Elections Committee administrative staff serve as the task force’s administrative staff.
By January 31, 2022, the working group must report its findings and recommendations to the Government Administration and Elections Committee and to the secretary of the state.
It terminates on that date or when it submits the report, whichever is later.
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 18 Nay 1 (03/31/2021) sHB6325 / File No.
500 12
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Action History

  1. SENATE CALENDAR NUMBER 568

  2. FAV. RPT., TAB. FOR CAL., SEN.

  3. TRANSMITTED PURSUANT TO JOINT RULE 17

  4. HOUSE PASSED, HOUSE AMEND. SCH. A

  5. HOUSE ADOPTED HOUSE AMEND. SCH. A

  6. FILE NO. 500

  7. HOUSE CALENDAR NUMBER 367

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. RPTD. OUT OF LCO

  10. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/19/21

  11. FILED WITH LCO

  12. Joint Favorable Substitute

  13. PUBLIC HEARING 0324

  14. REF. TO JOINT COMM. ON Government Administration and Elections

  15. DRAFTED BY COMMITTEE

  16. Vote to Draft

  17. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 180 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (180)

180 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 6325?
HB 6325 is sponsored by Mark W. Anderson (Republican), Tom Delnicki (Republican), Gale L. Mastrofrancesco (Republican), Jaime S. Foster (Democratic), France, Mike, Sampson, Rob, and Craig C. Fishbein (Republican).
What is the current status of HB 6325?
This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 6325?
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