Connecticut 2021 Regular Session Status: Passed House 4 D cosponsors

HB 6578 — AN ACT CONCERNING PARTICIPATION IN THE ELECTORAL PROCESS.

Last action — BILL PLACED ON SENATE AGENDA, SENATE AGENDA NEVER ADOPTED

  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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

897 added · 344 removed

897 line(s) added, 344 removed.

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General Assembly Raised Bill No.
House of Representatives General Assembly File No.
6578 January Session, 2021 LCO No.
578 January Session, 2021 Substitute House Bill No.
3555 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:
6578 House of Representatives, April 22, 2021 The Committee on Government Administration and Elections reported through REP.
(GAE) AN ACT CONCERNING PARTICIPATION IN THE ELECTORAL PROCESS.
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 PARTICIPATION IN THE ELECTORAL PROCESS.
Section 9-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
(a) The Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons who, during the preceding calendar month, have been (1) convicted in the Superior Court of a felony and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility, [or a community residence] or (2) returned to confinement in a correctional institution or facility from parole or special parole, release pursuant to section 18-100, 18-100c, 18- 100e, 18-100h or 18-100i or furlough pursuant to section 18-101a.
Such lists shall include the names, birth dates and addresses of such persons, with the dates of their conviction and the crimes of which such persons sHB6578 / File No.
578 1 sHB6578 File No.
578 have been convicted, or the dates of the violation of their parole, special parole, release or furlough and the nature of such violation, as applicable.
The Secretary of the State shall transmit such lists to the registrarsofthetownsinwhichsuch [convicted]personswhohavebeen convicted or returned to confinement, as applicable, resided at the time of their conviction or violation of parole, special parole, release or furlough and to the registrars of any towns where the [secretary] Secretary believes such persons may be electors.
The registrars of such townsshallcomparethesame withthelistofelectorsupontheirregistry lists and, after written notice mailed by certified mail to each of the persons named at the last-known place of address of such person, shall erase such names from the registry lists in their respective towns or voting districts.
(b) Any person who procures such person or another to be registered after having been disfranchised by reason of conviction of crime and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence, and any person who votes at any election after having forfeited such privileges by reason of conviction of crime and confinement, shall be fined not more than five hundred dollars and imprisoned not more than one year.
Sec.
2.
Section 9-46 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
(a) A person shall forfeit such person's right to become an elector and such person's privileges as an elector upon conviction of a felony and (1) committal to the custody of the Commissioner of Correction for confinement in a correctional institution or facility, [or] but not a community residence, (2) committal to confinement in a federal correctional institution or facility, or (3) committal to the custody of the chief correctional official of any other state or a county of any other state for confinement in a correctional institution or facility, [or] but not a community residence, in such state or county.
(b) If a person has forfeited such person's privileges as an elector sHB6578 / File No.
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578 under subsection (a) of this section, has regained such privileges under section 9-46a, as amended by this act, and is subsequently returned to confinement ina correctionalinstitutionor facility,but not acommunity residence, from parole or special parole, release pursuant to section 18- 100, 18-100c, 18-100e, 18-100h or 18-100i or furlough pursuant to section 18-101a, such person shall again forfeit such privileges.
[(b)] (c) No person who has forfeited and not regained such person's privileges as an elector [,] as provided in section 9-46a, as amended by this act, or who has regained such privileges and again forfeited such privileges as provided in subsection (b) of this section, may be a candidate for or hold public office.
Sec.
3.
(a) A person who has been convicted of a felony and committed to confinement in a federal or other state correctional institution or facility or community residence shall have such person's electoral privileges restored [upon the payment of all fines in conjunction with the conviction and] once such person has been [discharged] released from confinement.
(a) (1) A person who has been convicted of a felony and committed to confinement in a [federal or other state] correctional institution or facility [or community residence] of the federal government or of another state shall have such person's electoral privileges restored [upon the payment of all fines in conjunction with the conviction and] once such person has been [discharged] released from confinement.
[, and, if applicable, parole.] (b) Upon the release from confinement in a correctional institution or facility or a community residence of a person who has been convicted of a felony and committed to the custody of the Commissioner of Correction, [and, if applicable, the discharge of such person from parole,] (1) the person shall have the right to become an elector, (2) the Commissioner ofCorrectionshallgive thepersonadocument certifying LCO No.
[, and, if applicable, parole.] (2) A person who has been convicted of a felony and is committed to confinement in a community residence of the federal government or of another state shall have such person's electoral privileges restored if such person had previously forfeited such electoral privileges.
3555 1 of 11 that the person has been released from such confinement, [and, if applicable, has been discharged from parole,] (3) if the person was an elector at the time of such felony conviction and, after such release, [and any such discharge,] is residing in the same municipality in which the person resided at the time of such felony conviction, the person's electoral privileges shall be restored, and (4) if the person was an elector at the time of such felony conviction and, after such release, [and any such discharge,] is residing in a different municipality or if the person was not an elector at the time of such felony conviction, the person's electoral privileges shall be restored or granted upon submitting to an admitting official satisfactory proof of the person's qualifications to be admitted as an elector.
(b) (1) Upon the release from confinement in a correctional institution or facility [or a community residence] of a person who has been convictedofafelonyandcommittedtothecustodyoftheCommissioner of Correction, [and, if applicable, the discharge of such person from parole, (1)] (A) the person shall have the right to become an elector, [(2)] (B) the Commissioner of Correction shall give the person a document certifying that the person has been released from such confinement, [and, if applicable, has been discharged from parole, (3)] (C) if the sHB6578 / File No.
The provisions of subdivisions (1) to (4), inclusive, of this subsection shall not apply to any person convicted of a felony for a violation of any provision of this title until such person has been discharged from any parole or probation for such felony.
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578 person was an elector at the time of such felony conviction and, after such release, [and any such discharge,] is residing in the same municipality in which the person resided at the time of such felony conviction, the person's electoral privileges shall be restored, and [(4)] (D)ifthepersonwasanelector atthetimeofsuchfelony convictionand, after such release, [and any such discharge,] is residing in a different municipalityorifthepersonwasnotanelectoratthetimeofsuchfelony conviction, the person's electoral privileges shall be restored or granted upon submitting to an admitting official satisfactory proof of the person's qualifications to be admitted as an elector.
[The provisions of subdivisions (1) to (4), inclusive, of this subsectionshallnot apply to any person convicted of a felony for a violation of any provision of this title until such person has been discharged from any parole or probation for such felony.] (2) A person who has been convicted of a felony and committed to the custody of the Commissioner of Correction and is confined in a community residence shall have such person's electoral privileges restored if such person had previously forfeited such electoral privileges.
(d) The Commissioner of Correction shall establish procedures to inform those persons who have been convicted of a felony and committed to the custody of said commissioner for confinement in a correctional institution or facility or a community residence, and are eligible to have their electoral privileges restored or granted pursuant to subsection (b) of this section, of the right and procedures to have such privilegesrestored.
(d) The Commissioner of Correction shall establish procedures to inform those persons who have been convicted of a felony and committed to the custody of said commissioner for confinement in a correctional institution or facility or a community residence, and are eligible to have their electoral privileges restored or granted pursuant to subsection (b) of this section, of the right and procedures to have such privileges restored.
The Office of Adult Probationshall, withinavailable appropriations, inform such persons who are on probation on January 1, 2002, of their right to become electors and procedures to have their electoral privileges restored, which shall be in accordance with subsections (b) and (c) of this section.
The [Office of Adult Probation] Commissioner of Correction shall, within available appropriations, inform such persons sHB6578 / File No.
(e) The Commissioner of Correction shall, on or before the fifteenth LCO No.
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3555 2 of 11 day of each month, transmit to the Secretary of the State a list of all persons convicted of a felony and committed to the custody of said commissioner who, during the preceding calendar month, have been released from confinement in a correctional institution or facility or a community residence.
578 who are on [probation on January 1, 2002] parole or special parole, or confined in a community residence, of their right to become electorsand procedures to have their electoral privileges restored, which shall be in accordance with subsections (b) and (c) of this section.
(e) The Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons convicted of a felony and committed to the custody of said commissioner who, during the preceding calendar month, have (1) been released from confinement in a correctional institution or facility, or (2) begun confinement in a community residence.
The Secretary of the State shall transmit such lists to the registrars of the municipalities in which such convicted persons resided at the time of their convictions and to the registrars of any municipalities where the secretary believes such persons may be electors.
The Secretary [of the State] shall transmit such lists to the registrars of the municipalities in which such convicted persons resided at the time of their convictions and to the registrars of any municipalities where the [secretary] Secretary believes such persons may be electors.
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[The secretary shall also provide to the Department of Social Services, the Labor Department and the Department of Motor Vehicles any furniture needed to display such literature, materials and forms.] (b) (1) In addition to the requirements of subsection (a) of this section, and except as provided in subdivision (2) of this subsection, the Commissioner of Motor Vehicles, not later than January 1, 1994, shall include an application for the admission of an elector with each application form provided for a motor vehicle operator's license and a motor vehicle operator's license renewal, which are issued under LCO No.
[The secretary shall also provide to the Department of Social Services, the Labor Department and the Department of Motor Vehicles any furniture needed to display such literature, materials and forms.] (b) (1) In addition to the requirements of subsection (a) of this section, sHB6578 / File No.
3555 3 of 11 subpart (B) of part III of chapter 246, and with each application form provided for an identity card issued under section 1-1h.
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578 and except as provided in subdivision (2) of this subsection, the Commissioner of Motor Vehicles [, not later than January 1, 1994,] shall include an application for the admission of an elector with each application form provided for a motor vehicle operator's license and a motor vehicle operator's license renewal, which are issued under subpart (B) of part III of chapter 246, and with each application form provided for an identity card issued under section 1-1h.
The Commissioner of Motor Vehicles shall accept any such completed application for admission which is submitted in person, [or by mail.
The Commissioner of Motor Vehicles shall accept any such completed application for admission which is submitted in person, [or] by mail [.
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The] by mail or through an electronic system pursuanttosubdivision(2)ofthissubsection.Exceptasprovidedinsaid subdivision, the applicant shall state on such form, under penalty of perjury, the applicant's name, bona fide residence address, date of birth, whether the applicant is a United States citizen, party enrollment, ifany, prior voting address, if registered previously, and that the applicant's privileges as an elector are not forfeited by reason of conviction of a felony.
The] or through an electronic system pursuant to subdivision (2) of this subsection.
Except as provided in said subdivision, the applicant shall state on such form, under penalty of perjury, the applicant's name, bona fide residence address, date of birth, whether the applicant is a United States citizen, party enrollment, ifany, prior voting address, if registered previously, and that the applicant's privileges as an elector are not forfeited by reason of conviction of a felony.
The commissioner shall provide such receipt whether the application was submitted in person, [or] by mail or through an electronic system pursuant to subdivision (2) of this subsection.
The commissioner shall provide such receipt whether the application was submitted in person, [or] by mail or through an electronic system sHB6578 / File No.
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578 pursuant to subdivision (2) of this subsection.
If a registration application is accepted within five days before the last day for registration to vote in a regular election, the application shall be transmitted to the registrars of voters LCO No.
If a registration application is accepted within five days before the last day for registration to vote in a regular election, the application shall be transmitted to the registrars of voters of the town of voting residence of the applicant not later than five days after the date of acceptance.
3555 4 of 11 of the town of voting residence of the applicant not later than five days after the date of acceptance.
(B) (i) Unless otherwise provided in this subparagraph, if the Commissioner of Motor Vehicles determines that a person applying for a motor vehicle operator's license, a motor vehicle operator's license renewal or an identity card meets each eligibility requirement for admission as an elector, said commissioner shall forthwith transmit an application for such person's admission as an elector to the registrars of voters of such person's residence through an electronic system pursuant to this subdivision, in accordance with the provisions of subdivision (1) of this subsection, except that no such application shall be transmitted if such person declines to apply for such admission.
(B) (i) Unless otherwise provided in this subparagraph, if the Commissioner of Motor Vehicles determines that a person applying for a motor vehicle operator's license, a motor vehicle operator's license renewal or an identity card meets each eligibility requirement for admission as an elector, said commissioner shall forthwith transmit an application for such person's admission as an elector to the registrars of voters of the town of residence of such person through an electronic system pursuant to this subdivision, in accordance with the provisions of subdivision (1) of this subsection, except that no such application sHB6578 / File No.
(ii) If said commissioner determines that a person applying for a motor vehicle operator's license, a motor vehicle operator's license renewal or an identity card is not a United States citizen, said LCO No.
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3555 5 of 11 commissioner shall not provide such person an opportunity to apply for admission as an elector through an electronic system pursuant to this subdivision and shall not transmit any application for such admission on behalf of such person.
578 shall be transmitted if such person declines to apply for such admission.
(ii) If said commissioner determines that a person applying for a motor vehicle operator's license, a motor vehicle operator's license renewal or an identity card is not a United States citizen, said commissioner shall not provide such person an opportunity to apply for admission as an elector through an electronic system pursuant to this subdivision and shall not transmit any application for such admission on behalf of such person.
(C) In the case of an individual already admitted as an elector and who is also enrolled in a party, if use of such electronic system results in such elector being removed from the enrollment list of such party because such elector did not affirmatively confirm an intent to continue enrollment insuchparty,suchremovalshallbe presumedunintentional and such elector shall be restored to such list upon such elector's notification of such removal to the registrar of voters of the town of residence of such elector.
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If the name of the person appears on the registry list of the town, and if the new address is also within such town, the registrars shall enter the name of such elector on the registry list at the place where he then resides.
If the name of sHB6578 / File No.
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578 the person appears on the registry list of the town, and if the new address is also within such town, the registrars shall enter the name of such elector on the registry list at the place where he then resides.
(b) The Commissioner of Motor Vehicles shall provide an electronic system, subject to the approval of the Secretary of the State, to effectuate LCO No.
(b) The Commissioner of Motor Vehicles shall provide an electronic system, subject to the approval of the Secretary of the State, to effectuate the purposes of subsection (a) of this section regarding notifications of change of address for voter registration.
3555 6 of 11 the purposes of subsection (a) of this section regarding notifications of change of address for voter registration.
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Section 9-23n of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2022):
(a) As used in this section, "voter registration agency" means (1) public assistance offices, (2) all offices in the state that provide state-funded programs primarily engaged in providing services to persons with disabilities, (3) libraries that are open to the public, and (4) such other appropriate offices as the Secretary of the State shall designate in accordance with the National Voter Registration Act of 1993, P.L.
103-31, as amended from time to time.
(b) [Voter registration agencies shall] (1) Except as provided in subdivision (2) of this subsection, each voter registration agency shall (A) distribute mail voter registration application forms, [(2)] (B) assist applicants for [such] assistance or services provided by the agency in completing voter registration application forms, except for applicants sHB6578 / File No.
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578 who refuse [such] assistance [, (3)] in completing such forms, (C) accept completed voter registration application forms and provide each applicant with an application receipt, on which the agency shall record the date that the agency received the application, using an official date stamp bearing the name of the agency, and [(4)] (D) immediately transmit all such applications to the registrars of voters of the town of votingresidenceoftheapplicants.Theagency shallprovidesuchreceipt whether the application was submitted in person, [or] by mail or through an electronic system pursuant to subdivision (2) of this subsection.
If a registration application is accepted within five days before the last day for registration to vote in a regular election, the application shall be transmitted to the registrars of voters of the town of voting residence of the applicant not later than five days after the date of acceptance.
[The] Except as provided in subdivision (2) of this subsection, the voter registrationagency shallindicate on the completed mail voter registration application form, without indicating the identity of the voter registration agency, the date of its acceptance by such agency, to ensure that any eligible applicant is registered to vote in an election if it is received by the registration agency by the last day for registration to vote in an election.
If a state-funded program primarily engaged in providing services to persons with disabilities provides services to a person with a disability at the person's home, the agency shall provide such voter registration services at the person's home.
The procedures in subsections (c), (d), (f) and (g) of section 9-23g that are not inconsistent with the National Voter Registration Act of 1993, P.L.
103-31, as amended from time to time, shall apply to applications made under this section.
Officials and employees of such voter registration agencies are not admitting officials, as defined in section 9-17a, and may not restore, under the provisions of section 9-46a, electoral privileges of persons convicted of a felony.
(2) (A) Each voter registration agency shall provide an electronic system, subject to the approval of the Secretary of the State, to effectuate the purposes of subdivision (1) of this subsection regarding application for admission of an elector, except that the condition that an applicant state and attest to meeting each eligibility requirement may be waived sHB6578 / File No.
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578 for any such eligibility requirement verified independently by the agency through a federally approved identity verification program or other evidence acceptable to the agency.
Such electronic system may provide for the transmittal to the Secretary of an applicant's signature on file with the voter registration agency.
The use of any such electronic system shall comply with the National Voter Registration Act of 1993, P.L.
103-31, as amended from time to time.
(B) (i) Unless otherwise provided in this subparagraph, if the voter registration agency determines that a person applying for assistance or services provided by the agency meets each eligibility requirement for admission as an elector, the agency shall forthwith transmit an application for such person's admission as an elector to the registrars of voters of the town of residence of such person through an electronic system pursuant to this subdivision, in accordance with the provisions of subdivision (1) of this subsection, except that no such application shall be transmitted if such person declines to apply for such admission.
(ii) If the voter registration agency determines that a person applying for assistance or services provided by the agency is not a United States citizen, the agency shall not provide such person an opportunity to apply for admission as an elector through an electronic system pursuant to this subdivision and shall not transmit any application for such admission on behalf of such person.
(iii) If the voter registration agency cannot determine whether a person applying for assistance or services provided by the agency is a United States citizen, such person shall attest to his or her United States citizenship as a precondition of the agency processing such person's application for admission as an elector through an electronic system pursuant to this subdivision.
(C) In the case of an individual already admitted as an elector and who is also enrolled in a party, if use of such electronic system results in such elector being removed from the enrollment list of such party because such elector did not affirmatively confirm an intent to continue enrollment insuchparty,suchremovalshallbe presumedunintentional sHB6578 / File No.
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578 and such elector shall be restored to such list upon such elector's notification of such removal to the registrar of voters of the town of residence of such elector.
Sec.
7.
Section 9-23o of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2022):
A voter registration agency, as defined in section 9-23n, as amended by this act, shall comply with the National Voter Registration Act of 1993, P.L.
103-31, as amended from time to time, and (1) shall distribute with each application for [service or] assistance or services provided by the agency, and with each recertification, renewal or change of address form relating to such [service or] assistance or services a mail voter registrationapplicationformapprovedbythe SecretaryoftheState,and (2) during each application for such assistance or services and each recertification, renewal or change of address relating to such assistance or services, shall use an electronic system described in subdivision (2) of subsection (b) of section 9-23n, as amended by this act, in accordance with said subdivision to effectuate the purposes of subdivision (1) of said subsection regarding application for admission of an elector, unless the applicant declines to register to vote pursuant to the provisions of the National Voter Registration Act of 1993, P.L.
103-31, as amended from time to time.
Such declination shall be in writing, except inthe case of an application for service or assistance provided by a library, or a recertification, renewal or change of address form relating to such library service or assistance.
Such voter registration agency shall provide each applicant to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the agency with regard to the completion of its own forms, unless the applicant refuses such assistance.
Sec.
8.
Section 9-23p of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2022):
Each public institution of higher education shall (1) distribute mail voter registration application forms, and [(2)] assist applicants who request assistance in completing such voter registration application sHB6578 / File No.
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578 forms, and (2) use an electronic system described in subdivision (2) of subsection (b) of section 9-23n, as amended by this act, in accordance with said subdivision to effectuate the purposes of subdivision (1) of said subsection regarding application for admission of an elector, and assist applicants who request assistance in so applying through such electronic system.
Sec.
9.
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(b) Notwithstanding any provision of section 9-436, as amended by thisact, or 9-436a, [tothecontrary,]aUnitedStatescitizenwho issixteen or seventeen years of age and a bona fide resident of a town or political subdivision holding a primary may be [(1)] appointed as [a challenger LCO No.
(b) Notwithstanding any provision of section 9-436, as amended by thisact, or 9-436a, [tothecontrary,]aUnitedStatescitizenwho issixteen or seventeen years of age and a bona fide resident of a town or political subdivision holding a primary may be [(1)] appointed as [a challenger sHB6578 / File No.
3555 7 of 11 or] (1) a candidate checker in the primary, or (2) [appointed as] a checker, translator, ballot clerk or voting tabulator tender in a primary after (A) attending poll worker training, and (B) receiving the written permission of a parent, guardian or the principal of the school that the citizen attends if the citizen is a secondary school student and thecitizen is to be appointed to work on a day when such school is in session.
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578 or] (1) a candidate checker in the primary, or (2) [appointed as] a checker, translator, ballot clerk or voting tabulator tender in a primary after (A) attending poll worker training, and (B) receiving the written permission of a parent, guardian or the principal of the school that the citizen attends if the citizen is a secondary school student and thecitizen is to be appointed to work on a day when such school is in session.
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Head moderators, central counting moderators and absentee ballot counters appointed pursuant to law shall also be deemed election LCO No.
Head moderators, central counting moderators and absentee ballot counters appointed pursuant to law shall also be deemed election sHB6578 / File No.
3555 8 of 11 officials.
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578 officials.
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(c) The registrar shall appoint from among the enrolled party LCO No.
(c) The registrar shall appoint from among the enrolled party sHB6578 / File No.
3555 9 of 11 members in the state, to serve in each polling place, the primary polling place officials, who shall consist of (1) one moderator, (2) at least one [,] but not more than two official checkers, [not more than two challengers if the registrar deems it necessary, and] (3) at least one [and] but not more than two ballot clerks, [and] (4) at least one but not more than two voting tabulator tenders for each tabulator in use at such primary, and [,] (5) in towns with two or more voting districts, at least one [and] but not more than two assistant registrars, provided [(1)] (A) in the case of either a municipality or a political subdivision holding a primary, if no enrolledparty membercanbefoundor no suchpersonconsentsto serve as a moderator, the registrar may appoint any elector who resides in the state and is a certified moderator to be moderator, [(2)] (B) in the case of a political subdivision holding a primary, if an insufficient number of enrolled party members who reside in the state consent to serve as checkers, [challengers,] voting tabulator tenders or assistant registrars, the registrar may appoint any elector who resides in the state to be a checker, [challenger,] voting tabulator tender or assistant registrar, and [(3)] (C) in the case of either a municipality or a political subdivision holding more than one primary on the same day for different political parties, one certified moderator may serve as moderator for both primaries, if the registrars of voters so agree.
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578 members in the state, to serve in each polling place, the primary polling place officials, who shall consist of (1) one moderator, (2) at least one [,] but not more than two official checkers, [not more than two challengers if the registrar deems it necessary, and] (3) at least one [and] but not more than two ballot clerks, [and] (4) at least one but not more than two voting tabulator tenders for each tabulator in use at such primary, and [,] (5) in towns with two or more voting districts, at least one [and] but not more than two assistant registrars, provided [(1)] (A) in the case of either a municipality or a political subdivision holding a primary, if no enrolledparty membercanbefoundor no suchpersonconsentsto serve as a moderator, the registrar may appoint any elector who resides in the state and is a certified moderator to be moderator, [(2)] (B) in the case of a political subdivision holding a primary, if an insufficient number of enrolled party members who reside in the state consent to serve as checkers, [challengers,] voting tabulator tenders or assistant registrars, the registrar may appoint any elector who resides in the state to be a checker, [challenger,] voting tabulator tender or assistant registrar, and [(3)] (C) in the case of either a municipality or a political subdivision holding more than one primary on the same day for different political parties, one certified moderator may serve as moderator for both primaries, if the registrars of voters so agree.
July 1, 2022 Section 1 9-46a Sec.
Section 1 July 1, 2021 9-45 Sec.
2 from passage 9-19h LCO No.
2 July 1, 2021 9-46 sHB6578 / File No.
3555 10 of 11 Sec.
578 16 sHB6578 File No.
3 from passage 9-19i Sec.
578 Sec.
4 from passage 9-232(a) Sec.
3 July 1, 2022 9-46a Sec.
5 from passage 9-235d Sec.
4 from passage 9-19h Sec.
6 from passage 9-258(a) and (b) Sec.
5 from passage 9-19i Sec.
7 from passage 9-436(c) Statement of Purpose:
6 January 1, 2022 9-23n Sec.
To (1) restore, without the payment of certain fines, the electoral privileges of convicted felons who are on parole, (2) codify existing practice, under a memorandum of understanding, regarding voter registration procedures at the Department of Motor Vehicles, and (3) eliminate registrar-appointed challengers from who may be present in the polling place during a primary or election.
7 January 1, 2022 9-23o Sec.
[Proposed deletions are enclosed in brackets.
8 January 1, 2022 9-23p Sec.
Proposed additions are indicated by underline, except underlined.]e entire text of a bill or resolution or a section of a bill or resolution is new, it is not LCO No.
9 from passage 9-232(a) Sec.
3555 11 of 11
10 from passage 9-235d Sec.
11 from passage 9-258(a) and (b) Sec.
12 from passage 9-436(c) Statement of Legislative Commissioners:
In Section 1(a), "conviction or violation or parole" was changed to "conviction or violation of parole" for accuracy;
in Sections 4(b)(2)(B)(i) and 6(b)(2)(B)(i), "such person's residence" was changed to "the town of residence of such person" for accuracy and consistency;
and in Sections 4(b)(2)(C) and 6(b)(2)(C), "in which such elector resides" was changed to "of residence of such elector" for consistency.
GAE Joint Favorable Subst.
sHB6578 / File No.
578 17 sHB6578 File No.
578 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 22 $ FY 23 $ Resources of the General Fund GF - Revenue See Below See Below Loss Note:
GF=General Fund Municipal Impact:
None Explanation This bill makes various changes affecting elections, including the forfeiture and restoration of electoral privileges for certain individuals convicted of a felony, voter registration, and polling place challengers.
Under current law, an individual imprisoned for a felony regains the righttovoteandaccompanying electoralprivilegesafterpayingallfines and completing any required prison and parole time.
The bill will result in an indeterminate revenue loss from reduced collection of criminal fines and penalties.
The other provisions of the bill are not anticipated to result in a fiscal impact to the state or municipalities.
The Out Years State Impact:
None Municipal Impact:
None sHB6578 / File No.
578 18 sHB6578 File No.
578 OLR Bill Analysis sHB 6578 AN ACT CONCERNING PARTICIPATION IN THE ELECTORAL PROCESS.
SUMMARY This bill makes various unrelated changes affecting elections, including the forfeiture and restoration of electoral privileges (i.e., voting rights) for certain individuals convicted of a felony;
voter registration;
and polling place challengers.
Principally, it does the following:
1.
eliminates the current requirement that convicted felons forfeit their electoral privileges if they are committed to confinement in an in-state or out-of-state community residence;
2.
restores the electoral privileges of convicted felons who are on parole or special parole or who are confined in a community residence;
3.
conforms law with practice by requiring the Department of Motor Vehicles (DMV) to use a secretary of the state-approved electronic system that complies with the National Voter Registration Act (NVRA) to automatically transmit voter registration applications to registrars of voters for eligible applicants unless they opt out;
4.
similarly, requires voter registration agencies and public higher education institutions to use a secretary of the state-approved and NVRA-compliant electronic system to transmit voter registration applications for eligible applicants;
and 5.
eliminates provisions authorizing registrars of voters to appoint challengers as polling place officials, which conforms with sHB6578 / File No.
578 19 sHB6578 File No.
578 current practice.
The bill also makes several technical and conforming changes.
EFFECTIVE DATE:
Upon passage, except that the changes (1) eliminating voting rights forfeiture for certain individuals confined in a community residence are effective July 1, 2021;
(2) restoring voting rights for parolees and individuals confined in community residences are effective July 1, 2022;
and (3) affecting voter registration agencies and public higher education institutions are effective January 1, 2022.
§§ 1-3 — VOTING RIGHTS FOR INDIVIDUALS CONVICTED OF A FELONY The bill makes several changes concerning the forfeiture and restoration of electoral privileges for certain individuals convicted of a felony.
Forfeiture of Electoral Privileges (§ 2) Under current law, an individual forfeits his or her right to be an elector, and all accompanying electoral privileges (i.e., the right to vote, run for public office, and hold an office), upon conviction of a felony and commitment to any state or federal prison (CGS § 9-46).
Effective July 1, 2021, the bill eliminates a requirement that such individuals forfeit their electoral privileges if they are committed to Department of Correction (DOC) custody (or a state or county correction department outside of Connecticut) for confinement in a community residence (e.g., halfway house, group home, or mental health facility).
The bill also specifies that if an individual regains his or her electoral privileges after forfeiture, he or she must again forfeit them upon returning to confinement in a correctional institution or facility from the following:
1.
parole or special parole;
2.
release to (a) an educational program or work, (b) a community residence, (c) a zero-tolerance drug supervision program, (d) home confinement for certain motor vehicle and sHB6578 / File No.
578 20 sHB6578 File No.
578 drug offenses, or (e) a community-based nursing home for palliative and end-of-life care;
or 3.
specified furloughs granted at the commissioner’s discretion (e.g., to permit attendance at a relative’s funeral or to obtain medical services not otherwise available).
Notice to Secretary of the State and Registrars of Voters (§ 1) Effective July 1, 2021, the bill makes conforming changes to monthly reports that the (1) DOC commissioner must send to the secretary of the state and (2) secretary must transmit to registrars of voters.
Under current law, the commissioner must send the secretary a list by the 15th of each month of all individuals convicted of a felony and committed to DOC custody in the previous calendar month for confinement in a correctional institution, facility, or community residence.
The secretary must then send the list to the registrars of voters in towns where (1) these individuals resided at the time of their conviction or (2) she believes they may be electors.
The bill (1) eliminates the requirement that the DOC commissioner’s report include a list of these individuals committed for confinement in a community residence and (2) additionally requires that it include a list of individuals returned to confinement in a correctional institution or facility for violating the terms of their parole, special parole, release, or furlough (see above).
It must also include the date and nature of these violations.
The bill makes conforming changes to the information the secretary must provide registrars of voters by similarly requiring her to notify registrarsintownswhere (1)individualsreturnedto confinement resided at the time of their parole, special parole, release, or furlough violation (as applicable) or (2) she believes they may be electors.
Under existing law, after sending a written notice by certified mail to the individual’s last known address, the registrars must remove his or her name from the registry list (CGS § 9-45).
Restoration of Electoral Privileges(§ 3) Under current law, an individual imprisoned for a felony regains the sHB6578 / File No.
578 21 sHB6578 File No.
578 righttovoteandaccompanying electoralprivilegesafterpayingallfines and completing any required prison and parole time.
Effective July 1, 2022, the bill allows convicted felons to regain their electoral privileges upon release from confinement in a correctional institution or facility.
It eliminates current law’s requirements that such individuals also, as applicable, (1) be released from a community residence, (2) be discharged from parole, and (3) pay all felony conviction-related fines.
The bill specifies that any convicted felon who forfeited his or her electoral privileges and is confined in a community residence must have his or her electoral privileges restored.
Under the bill, the DOC commissioner must, within available appropriations, inform people who are on parole, special parole, or confined in a community residence of their right to become electors and the process for having their privileges restored.
The bill also makes conforming changes to a monthly report that the DOC commissioner must send to the secretary of the state.
Under current law, the commissioner must send the secretary a list by the 15th ofeachmonth ofallindividualsconvicted of afelony who were released in the previous calendar month from a correctional institution or facility or a community residence and, if applicable, discharged from parole.
The bill eliminates current law’s requirement that the list include community residence releases and parole discharges and instead requires that it include individuals who have begun confinement in a community residence.
By law, unchanged by the bill, the secretary must send this list to the registrars in the towns where (1) the individuals lived at the time of their conviction or (2) she believes they may be electors.
§§ 4-8 — ELECTRONIC SYSTEM FOR TRANSMITTING VOTER REGISTRATION APPLICATIONS By law, the DMV commissioner must include a voter registration application as part of each motor vehicle driver’s license application or sHB6578 / File No.
578 22 sHB6578 File No.
578 renewal or each identity card application.
Similarly, voter registration agencies (see BACKGROUND) must include a voter registration application with each service or assistance application, recertification, renewal,orchangeofaddress.Publichighereducationinstitutionsmust distribute mail voter registration application forms.
Application and Transmittal Procedures The bill requires DMV, voter registration agencies, and public higher education institutions to use a secretary of the state-approved and NVRA-compliant (see BACKGROUND) electronic system to automatically transmit voter registration applications for qualified applicants to registrars of voters unless the applicants decline to apply for admission.
(In practice, DMV must already do this pursuant to a memorandum of understanding (MOU) between the agencies (see BACKGROUND).) Eligibility Verification.
By law, voter registration forms include (1) a statement that specifies each eligibility requirement and (2) an attestation that the applicant meets each requirement (CGS § 9-20).
The bill allows DMV, voter registration agencies, and public higher education institutions to waive attestation for any requirement for which they can verify an applicant’s eligibility independently through a federally approved identity verification program or through other acceptable evidence.
The electronic system may provide for transmittal of applicants’ signatures on file with DMV, a voter registration agency, or public higher education institution, as applicable, to the secretary of the state.
ThebillprohibitsDMV,voterregistrationagencies,andpublichigher education institutions from processing voter registration applications using the electronic system if they determine that an individual applying for a credential, service, or assistance is not a U.S.
citizen.
If they cannot determine whether the individual is a U.S.
citizen, the applicant must attest to his or her citizenship before DMV, a voter registration agency, or a public higher institution may process the voter registration application through the electronic system.
sHB6578 / File No.
578 23 sHB6578 File No.
578 Transmittal.
Under the bill, if DMV determines that an applicant for a motor vehicle driver’s license or renewal or for an identity card (i.e., “DMV credential”) meets each eligibility requirement for admission as an elector, then the commissioner must use an electronic system to immediately transmit a voter registration application for that individual unless he or she declines to apply for admission.
Similarly, if a voter registration agency or public higher education determines that an applicant for assistance or services meets each eligibility requirement for admission as an elector, then the agency or institution must use an electronic system to immediately transmit a voter registration application for that individual unless he or she declines to apply for admission.
In all cases, the application must be transmitted to the registrars of voters in the municipality where the individual resides.
Party Enrollment Under the bill, if the system removes an elector from a political party’s enrollment list because he or she did not affirmatively confirm an intent to continue enrollment, the removal must be presumed unintentional.
In that case, the bill requires that the elector be restored to the party’s enrollment list after the appropriate registrar of voters is notified.
Address Changes The bill additionally requires DMV to use a secretary of the state- approved electronic system to notify registrars of voters of address changes for voter registration purposes.
Under the bill, the electronic system (1) may provide for the transmittal of an applicant’s signature, on file with DMV, to the secretary of the state and (2) must comply with NVRA requirements.
IfDMVusessucha system,thesecretaryofthestatemay(1)prescribe alternative proceduresfor sending required information to electors who are removed from the registry list because they have moved out of town and (2) waive the requirement that registrars send the mail-in voter registration form to these electors.
sHB6578 / File No.
578 24 sHB6578 File No.
578 §§ 9-12 — POLLING PLACE CHALLENGERS Current law authorizes each municipality’s registrar of voters to appoint up to two challengers per polling place who may challenge the right of anyone attempting to vote if the challenger knows, suspects, or reasonably believes that there is some doubt as to the voter’s identity, residence, or disenfranchisement status.
The moderator decides any challenge.
The bill conforms the law with current practice by eliminating registrar-appointed challengers as authorized poll workers during a primary or election.
Existing law, unchanged by the bill, authorizes any elector to act as a challenger.
BACKGROUND Related Bill sSB 5, favorably reported by the Government Administration and Elections Committee, contains the same provisions on (1) the forfeiture and restoration of electoral privileges for certain individuals convicted of a felony and (2) DMV, voter registration agencies, and public higher education institutions using an electronic system to automatically transmit voter registration applications.
Voter Registration Agencies The NVRA requires covered states to designate as voter registration agencies (1) all offices that provide federal or state public assistance, (2) all offices that provide state-funded programs primarily engaged in providingservicestoindividualswithdisabilities,and(3)ArmedForces recruitment offices.
States must also designate additional voter registration agencies, which may include (1) state or local offices like public libraries or schools, fishing and hunting license bureaus, or unemployment compensation offices or (2) with their agreement, federal or nongovernmental offices (52 U.S.C.
§ 20506).
Generally, all voter registration agencies must:
1.
distribute the National Mail Voter Registration Form;
sHB6578 / File No.
578 25 sHB6578 File No.
578 2.
provide an “information form” on the voter-registration process;
3.
help applicants complete the registration application unless they refuse assistance;
and 4.
accept completed voter registration applications and transmit them to the appropriate state election official within a prescribed timeframe.
Those agencies that provide public assistance or services to individuals with disabilities must include the National Mail Voter Registration Form, or an equivalent form that they design, with each application, recertification, renewal, or change of address form related to the assistance or services.
Those providing in-home services to individuals with disabilities must provide the above-listed registration services in the individual’s home.
NVRA The NVRA (P.L.
103-31) generally requires states to offer eligible citizens the opportunity to register to vote by:
1.
applying as part of a motor vehicle driver’s license application or renewal;
2.
sending a mail-in application;
or 3.
applying in person at a designated voter registration agency, including offices providing public assistance or services to individuals with disabilities.
The requirements apply to federal elections;
however, in practice, states such as Connecticut have extended the procedures to state and local elections.
MOU Connecticut began implementing an automatic voter registration (AVR) system under a May 16, 2016, MOU between the Office of the Secretary of the State and DMV.
The MOU established a method, sHB6578 / File No.
578 26 sHB6578 File No.
578 process, and timeline for developing the system and required that it be fully implemented by August 7, 2018.
Under the MOU, Connecticut’s AVR system must, among other things:
1.
establish a schedule and method for DMV to electronically provide registrars of voters with the records of individuals who apply for or renew a DMV credential (i.e., driver’s license or identity card);
2.
allow individuals who submit DMV credential applications to change their voter registration status or record;
3.
provide a way for records transmitted by the AVR system to constitute a completed voter registration application, and for registrars of voters to register applicants to vote unless an applicant is ineligible to vote, declines registration, or does not attest to meeting all voter eligibility requirements;
4.
designate party preference as “unaffiliated” for a registrant who does not provide a preference;
and 5.
provide a way for applicants, as part of their voter registration application, to swear or affirm that they are U.S.
citizens and meet all other voter eligibility requirements.
The AVR system must enable DMV to provide registrars of voters with certain information about applicants, including name;
birthdate;
driver’s license or identification card number, or last four digits of the Social Security number;
whether the individual affirmatively declined to register to vote;
and political party preference.
The MOU prohibits DMV from electronically transmitting through the AVR system the records of individuals who (1) were issued a DMV credential but were not U.S.
citizens at the time of issuance or (2) have a “drive only” license, indicating that they cannot establish their legal presence in the U.S.
or may not have a Social Security number.
sHB6578 / File No.
578 27 sHB6578 File No.
578 COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 13 Nay 6 (04/05/2021) sHB6578 / File No.
578 28
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Action History

  1. BILL PLACED ON SENATE AGENDA, SENATE AGENDA NEVER ADOPTED

  2. TRANSMITTED PURSUANT TO JOINT RULE 17

  3. HOUSE PASSED, HOUSE AMEND. SCH. A

  4. HOUSE ADOPTED HOUSE AMEND. SCH. A

  5. FILE NO. 578

  6. HOUSE CALENDAR NUMBER 405

  7. FAV. RPT., TABLED FOR HOUSE CALENDAR

  8. RPTD. OUT OF LCO

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

  10. FILED WITH LCO

  11. Joint Favorable Substitute

  12. PUBLIC HEARING 0310

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

Sponsors

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Sponsors (4)

Co-sponsors (0)

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Not signed on (183)

183 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 6578?
HB 6578 is sponsored by Joshua M. Hall (Democratic), Hilda E. Santiago (Democratic), Minnie Gonzalez (Democratic), and Juan R. Candelaria (Democratic).
What is the current status of HB 6578?
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 6578?
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