AN ACT CONCERNING CERTAIN RECOMMENDATIONS OF THE CONNECTICUT TOWN CLERKS.

OLR Bill Analysis

sHB 6692

AN ACT CONCERNING CERTAIN RECOMMENDATIONS OF THE CONNECTICUT TOWN CLERKS.

SUMMARY:

This bill (1) transfers certain election responsibilities from town clerks to registrars of voters; (2) removes town clerks from certain duties assigned to “admitting officials,” but retains them for others; and (3) changes the process they use to certify the names for certain municipal candidates.

The bill also makes conforming and technical changes.

EFFECTIVE DATE: October 1, 2009

REGISTRARS OF VOTERS

The bill makes registrars of voters, rather than town clerks, responsible for:

1. receiving from the secretary of the state posters explaining proposed constitutional amendments and posting them at each polling place and

2. providing provisional packets to head moderators before federal elections.

TOWN CLERKS

The bill removes town clerks from the definition of “admitting official” for purposes of certain voter registration functions. However, the bill's effect is unclear since it retains their responsibility to admit electors under other provisions.

In addition, town clerks remain admitting officials for the purpose of sitting on the board for admission of electors. By law, these boards receive appeals from individuals who are denied admission as electors by a registrar of voters.

Table 1 shows the admitting officials' functions from which the bill exempts town clerks and the voter registration functions they retain under the bill. In some instances, they retain a particular responsibility as “town clerks,” but lose it as “admitting officials. ”

Table 1: Town Clerks' Voter Registration Functions Under the Bill

*Admitting Official Functions and Provisions from which Town Clerks are Exempt*	*CGS §*	*Admitting Official Functions Town Clerks Retain*	*CGS §*
Visit a college, place of employment, or nursing home to act on voter registration applications if at least 25 people who believe they are qualified to vote have submitted registration applications and a session was not held there within the prior 120 days.	§ 9-19c	Except during the period between the last day for admission before an election and the day after the election, examine the qualifications of individuals who apply in person for admission and, if qualified, admit them as electors.	§ 9-19b
Accept cross-town applications for admission.	§ 9-19e	Accept signed voter registration applications from at least 25 people in the same college, place of employment, or nursing home who believe they are qualified to vote.	§ 9-19c
Examine the qualifications of individuals who apply in person for admission and, if qualified, admit them as electors.	§ 9-20	Act upon cross-town applications for admission	§ 9-19e
Travel to the residences of individuals with permanent physical disabilities to examine their qualifications and, if qualified, admit them as electors.	§ 9-31a	Act upon admission applications after the registration deadline for an election	§ 9-19g
Allows people denied admission by an admitting official to appeal the decision to the board for admission of electors.	§ 9-31l	Act upon applications by members of the armed forces or people temporarily residing outside of the U. S.	§§ 9-25 and 9-26
		Travel to the residences of individuals with permanent physical disabilities to examine their qualifications and, if qualified, admit them as electors.	§ 9-31a

Under the bill, individuals who apply for but are denied admission by any admitting official, other than a town clerk, may appeal the official's decision to the local board for admission of electors. But because town clerks must still act on admission applications, the bill inadvertently removes the statutory right of these individuals to appeal their decision (see COMMENT).

Certifying Municipal Candidates' Names

Under the bill, town clerks certify the name of a major party municipal office candidate in a primary or election by comparing it to the name the candidate authorizes to appear on the ballot on the endorsement certificate or petition form, rather than by comparing it to the name on the registry list. This conforms to practice for statewide and legislative office candidates.

COMMENT

Appeals to the Board for Admission of Electors

Under current law, individuals who are denied admission by any admitting official may appeal the decision to the board for admission of electors. Since the bill removes town clerks from the definition of “admitting official” for the purposes of giving individuals the right to appeal, it appears someone who is denied admission by an admitting official who is a town clerk may not have this right (CGS § 9-31l).

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable Substitute

Yea

Nay

(03/27/2009)