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Connecticut Public Acts 1996

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Substitute Senate Bill No. 492

PUBLIC ACT NO. 96-119

AN ACT CONCERNING TECHNICAL REVISIONS TO THE ELECTIONS STATUTES.

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

Section 1. Subsection (b) of section 9-65 of the general statutes, as amended by section 6 of public act 95-171, is repealed and the following is substituted in lieu thereof:

(b) After the last session of the registrars of voters under section 9-17 before each election, the registrars of voters in each municipality shall submit in writing to the Secretary of the State a statement setting forth the total number of names of new electors added to the registry list, and the total number of names of former electors removed from the registry list, in such municipality during the period between the two most recent such last sessions. Such statement shall be submitted annually at a time to be determined by the Secretary of the State. IN MUNICIPALITIES DIVIDED INTO TWO VOTING DISTRICTS THAT ELECT REGISTRARS OF VOTERS FOR EACH DISTRICT, SUCH STATEMENT SHALL BE SO SUBMITTED BY THE REGISTRARS OF VOTERS OF THE FIRST DISTRICT.

Sec. 2. Subsection (b) of section 9-139a of the general statutes is repealed and the following is substituted in lieu thereof:

(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 [or stamp of the municipal clerk and the signature and the printed or typed name of a person who may obtain an application from the municipal clerk for the purpose of providing it to another person, (2) a statement, prescribed by the Secretary of the State, that any such signature or stamp is to be made or affixed] under the penalties of false statement in absentee balloting OF ANY PERSON WHO ASSISTS THE APPLICANT IN THE COMPLETION OF AN APPLICATION TOGETHER WITH THE INFORMATION REQUIRED IN SECTION 9-140, and [(3)] (2) spaces for the signature and the printed or typed name of the applicant.

Sec. 3. Subsection (e) of section 9-140c of the general statutes, as amended by section 11 of public act 95-171, is repealed and the following is substituted in lieu thereof:

(e) Ballots received not later than eleven o'clock a.m. on such last day before the election, primary or referendum shall be delivered by the clerk to the registrars not earlier than [nine] TEN o'clock a.m. and not later than twelve o'clock noon on the day of the election or primary and [not later than] AT twelve o'clock noon on the day of a referendum for counting, provided that the registrars may at their discretion direct the clerk to retain for later delivery as many of such ballots as they deem necessary to preserve the secrecy of ballots to be counted at later times as provided in this section. If central counting has been designated pursuant to section 9-147a, the clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.

Sec. 4. Subsection (a) of section 9-150a of the general statutes, as amended by section 7 of public act 95-171, is repealed and the following is substituted in lieu thereof:

(a) Not earlier than [nine] TEN o'clock a.m. and not later than twelve o'clock noon on the day of the election or primary and not [later] EARLIER than twelve o'clock noon on the day of a referendum the absentee ballot counters shall proceed to the polling places for which they have been assigned ballots, or to the central counting location.

Sec. 5. Section 9-159o of the general statutes, as amended by section 12 of public act 95-171, is repealed and the following is substituted in lieu thereof:

Any elector who has returned an absentee ballot to the clerk and who finds he is able to vote in person shall proceed before ten o'clock a.m. on election, primary or referendum day to the municipal clerk's office and request that his ballot be withdrawn. The municipal clerk shall remove the ballot from the sealed package and shall mark the serially-numbered outer envelope, which shall remain unopened, "rejected" and note the reasons for rejection. The elector shall also endorse the envelope. The rejected ballot shall then be returned to the sealed package until delivered [at twelve o'clock noon] on election, primary or referendum day to the registrars of voters in accordance with section 9-140c AS AMENDED BY SECTION 3 OF THIS ACT. The clerk shall then give the elector a signed statement directed to the moderator of the voting district in which the elector resides stating that the elector has withdrawn his absentee ballot and may vote in person. Upon delivery of the statement by the elector to the moderator, the moderator shall cause the absentee indication next to the name of the elector to be stricken from the official checklist and the elector may then have his name checked and vote in person. In the case of central counting, the clerk shall make a similar notation on the duplicate checklist to be used by the absentee ballot counters.

Sec. 6. Section 9-190 of the general statutes, as amended by section 8 of public act 95-171, is repealed and the following is substituted in lieu thereof:

Any town divided into two voting districts may, by vote of its legislative body, provide for the election of two registrars of voters for each voting district instead of two registrars of voters for the entire town. Each registrar of voters shall reside in the town and district for which he is elected. Any special act to the contrary notwithstanding, in each municipality in which registrars of voters are elected, no elector shall vote for more than one registrar of voters for the voting district in which the elector resides, or, as the case may be, for the municipality at large. The candidate having the highest number of votes and the candidate having the next highest number of votes for the office of registrar of voters, who does not belong to the same political party as the candidate having the highest number, shall be declared elected registrars of voters for the municipality or district, provided, if the candidate for registrar of voters of a major party is not one of the registrars so elected, such candidate of such major party shall also be declared elected registrar of voters. For purposes of this section, a major party shall be one having the largest or next largest total number of enrolled party members in the state, as determined by the latest enrollment records in the office of the Secretary of the State submitted in accordance with the provisions of section 9-65 AS AMENDED BY SECTION 1 OF THIS ACT. The term of office of all registrars of voters for voting districts in office on January 7, 1995, shall expire on January 8, 1997, and on November [6] 5, 1996, two registrars shall be elected for each municipality with more than two voting districts which previously elected registrars of voters for voting districts.

Sec. 7. Subsection (g) of section 9-436 of the general statutes, as amended by section 5 of public act 95-177, is repealed and the following is substituted in lieu thereof:

(g) The provisions of section 9-258 concerning additional lines of electors at a polling place, and of section 9-258a concerning two shifts of officials at a polling place, shall apply to a primary. Except as otherwise provided in this chapter, the provisions of the general statutes relating to the use of voting machines at regular elections shall apply as nearly as may be to the use of voting machines at primaries. [Chapter 54 shall not apply to rules made under this section.]

Sec. 8. Subsection (a) of section 9-333g of the general statutes, as amended by section 7 of public act 95-144, is repealed and the following is substituted in lieu thereof:

(a) The chairperson of each political committee shall designate a campaign treasurer and may designate a deputy campaign treasurer. THE CAMPAIGN TREASURER AND ANY DEPUTY CAMPAIGN TREASURER SO DESIGNATED SHALL SIGN A STATEMENT ACCEPTING THE DESIGNATION. The chairperson of each political committee shall [also] file a statement of organization ALONG WITH THE STATEMENT SIGNED BY THE DESIGNATED CAMPAIGN TREASURER AND DEPUTY CAMPAIGN TREASURER with the proper authority, within ten days after its organization, provided that the chairperson of any political committee organized within ten days prior to any primary, election or referendum in connection with which it intends to make any contributions or expenditures, shall immediately file a statement.

Sec. 9. Subsection (a) of section 9-333k of the general statutes, as amended by section 8 of public act 95-144, is repealed and the following is substituted in lieu thereof:

(a) The chairman of each party committee shall designate a campaign treasurer and may designate a deputy campaign treasurer, or in the case of a state central committee, not more than two deputy campaign treasurers. THE CAMPAIGN TREASURER AND ANY DEPUTY CAMPAIGN TREASURERS SO DESIGNATED SHALL SIGN A STATEMENT ACCEPTING THE DESIGNATION, WHICH SHALL BE FILED WITH THE PROPER AUTHORITY WITH THE STATEMENT OF DESIGNATION REQUIRED UNDER SUBDIVISION (1) OF SUBSECTION (a) OF SECTION 9-333d. No state central committee or town committee shall establish a committee other than a single party committee for purposes of this chapter. A party committee or a political committee organized for ongoing political activities shall form no other political committees, except that two or more such committees may join to form a political committee for the purpose of a single fund-raising event.

Sec. 10. Section 9-333y of the general statutes, as amended by section 1 of public act 95-60, is repealed and the following is substituted in lieu thereof:

(a) Any person who knowingly and willfully violates any provision of this chapter shall be fined not more than five thousand dollars or imprisoned not more than five years or both. The Secretary of the State or the town clerk shall notify the State Elections Enforcement Commission of any such violation of which said secretary or such town clerk may have knowledge.

(b) If any campaign treasurer or lobbyist fails to file the statements required by section 9-333j or subsection (g) of section 9-333l, as the case may be, within the time required, he shall pay a late filing fee of fifty-five dollars. In the case of a statement that is required to be filed with the Secretary of the State, the Secretary shall, within [seven] TEN days after the filing deadline, notify by certified mail, return receipt requested, the person required to file that, if such statement is not filed within twenty-one days after the deadline, the person is in violation of said section or subsection. If the person does not file such statement within twenty-one days after the deadline, the Secretary shall notify the State Elections Enforcement Commission within twenty-eight days after the deadline. In the case of a statement that is required to be filed with a town clerk, the town clerk shall forthwith after the filing deadline notify by certified mail, return receipt requested, the person required to file that, if such statement is not filed within seven days after receiving such notice, the town clerk shall notify the State Elections Enforcement Commission that the person is in violation of said section or subsection. The penalty for any violation of said section or subsection shall be a fine of not more than one thousand dollars or imprisonment for not more than one year or both.

Sec. 11. Section 9-333d of the general statutes is amended by adding subsection (c) as follows:

(NEW) (c) An individual who is designated as campaign treasurer of a committee shall be responsible for all duties required of him under this chapter until the committee is terminated. The campaign treasurer shall be relieved of such duties upon his permanent incapacity, resignation or replacement, provided a statement to that effect is filed with the proper authority, as provided in section 9-333e. In the event of the death of the campaign treasurer or after a statement has been filed concerning the campaign treasurer's incapacity, resignation or replacement, if a deputy campaign treasurer has been designated, the deputy campaign treasurer shall be responsible for all duties required of the campaign treasurer under this chapter until the candidate or chairman of the committee files with the proper authority a designation of a successor campaign treasurer. If a deputy campaign treasurer has not been designated, the candidate or chairman shall designate a successor campaign treasurer and file such designation with the proper authority not more than ten days after the death of the campaign treasurer or the filing of the statement of his incapacity, resignation or replacement.

Sec. 12. Subsection (d) of section 9-333h of the general statutes is repealed and the following is substituted in lieu thereof:

(d) No person shall act as a campaign treasurer or deputy campaign treasurer unless he is an elector of this state, and a statement, signed by the chairman in the case of a party committee or political committee or by the candidate in the case of a candidate committee, designating him as campaign treasurer or deputy campaign treasurer has been filed in accordance with section 9-333e. [Each such statement shall designate the period for which the appointment is made.] In the case of a political committee, the filing of a statement of organization by the chairman of the committee, in accordance with the provisions of section 9-333g, shall constitute compliance with the filing requirements of this section. No provision of this subsection shall prevent the campaign treasurer, deputy campaign treasurer or solicitor of any committee from being the campaign treasurer, deputy campaign treasurer or solicitor of any other committee or prevent any committee from having more than one solicitor, but no candidate shall have more than one campaign treasurer. A candidate shall not serve as his own campaign treasurer or deputy campaign treasurer, except that a candidate who is exempt from forming a candidate committee under subsection (b) of section 9-333f and has filed a certification that he is financing his campaign from his own personal funds or is not receiving or expending in excess of five hundred dollars may perform the duties of a campaign treasurer for his own campaign.

Sec. 13. Section 9-333w of the general statutes, as amended by section 2 of public act 95-276 and section 4 of public act 95-188, is amended by adding subsection (f) as follows:

(NEW) (f) In the event a campaign treasurer of a candidate committee is replaced pursuant to subsection (c) of section 9-333d, as amended by section 8 of this act, nothing in this section shall be construed to prohibit the candidate committee from distributing any printed communication subject to the provisions of this section that has already been printed or otherwise produced, even though such communication does not accurately designate the successor campaign treasurer of such candidate committee.

Sec. 14. This act shall take effect from its passage, except that sections 8, 9 and 11 to 13, inclusive, shall take effect January 1, 1997, and section 1 shall take effect January 8, 1997.

Approved May 24, 1996. Effective as provided in section 14.

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