STATE ELECTIONS ENFORCEMENT COMMISSION

STATE ELECTIONS STATE ELECTIONS ENFORCEMENT ENFORCEMENT COMMISSIONCOMMISSION

Registrars of Voters Association of Registrars of Voters Association of Connecticut (ROVAC) ConferenceConnecticut (ROVAC) Conference

Cromwell, ConnecticutCromwell, ConnecticutApril 14, 2010April 14, 2010

Composition of Composition of CommissionCommission

BipartisanBipartisan 5 Members5 Members

2 Republicans2 Republicans 2 Democrats2 Democrats 1 Unaffiliated1 Unaffiliated

5 year terms5 year terms Restrictions on Political ActivitiesRestrictions on Political Activities Decide Policy, Cases and Grant Decide Policy, Cases and Grant

applicationsapplications

Duties and Responsibilities Duties and Responsibilities of Staff of Staff

Investigations and Civil EnforcementInvestigations and Civil Enforcement Audits and DisclosureAudits and Disclosure Compliance Advice/Legal OpinionsCompliance Advice/Legal Opinions Declaratory RulingsDeclaratory Rulings Public EducationPublic Education Legislative RecommendationsLegislative Recommendations Distinction Between SEEC and SOTSDistinction Between SEEC and SOTS

Comprehensive Campaign Comprehensive Campaign Finance ReformFinance Reform

(Oct. 25 Spec. Sess. Public Act 05-5)(Oct. 25 Spec. Sess. Public Act 05-5)

Public Financing Program for Statewide and Public Financing Program for Statewide and General Assembly Candidates General Assembly Candidates

State Contractor Contribution and Solicitation banState Contractor Contribution and Solicitation ban Lobbyist Contribution and Solicitation banLobbyist Contribution and Solicitation ban New Contribution Limits for Party, PAC and New Contribution Limits for Party, PAC and

Candidate CommitteesCandidate Committees Filing Repository moved to SEEC from SOTS Filing Repository moved to SEEC from SOTS Development of New Electronic Campaign Development of New Electronic Campaign

Finance Information Reporting SystemFinance Information Reporting System

Citizens’ Election ProgramCitizens’ Election Program

Applicable toApplicable toGeneral Assembly CampaignsGeneral Assembly Campaigns

andandStatewide Office CampaignsStatewide Office Campaigns

SEEC Campaign FinanceSEEC Campaign FinanceRegistration & Reporting FormsRegistration & Reporting Forms

New Electronic Campaign New Electronic Campaign Reporting Information System Reporting Information System

(eCRIS)(eCRIS) Now availableNow available Searchable Searchable

databasedatabase Redesigned formsRedesigned forms User friendlyUser friendly All SOTS campaign All SOTS campaign

finance filings with finance filings with SEEC since 2007SEEC since 2007

Registrars Have Registrars Have Important ResponsibilitiesImportant Responsibilities

Voter Voter

RegistryRegistry

Compilation and

Maintenance of Voter

Registry and Enrollment

Lists

Suitability and Suitability and Accessibility of Polling Accessibility of Polling

PlacesPlaces

Help America Vote Act Help America Vote Act (HAVA)(HAVA)

Computerized statewide registry listComputerized statewide registry list New voting machinesNew voting machines Accessible voting machinesAccessible voting machines Provisional ballotsProvisional ballots

Appointment and Training of Appointment and Training of PollworkersPollworkers

Voting Machine Voting Machine PreparationPreparation

Supervision Supervision of Absentee of Absentee

Voting at Voting at Nursing Nursing HomesHomes

?

Communication is Communication is Key Key Consult with Each Other on Important

Issues

non-adversarial settingnon-adversarial setting learn more about each other’s roleslearn more about each other’s roles discuss how to improve processdiscuss how to improve process

ConferenceConference

Teach Through Teach Through Actual ExamplesActual Examples

Privacy casesHAVA complaintsVoter fraud

•directly elect our leaders•one man, one vote

The Right to Vote is a The Right to Vote is a Fundamental Constitutional Fundamental Constitutional

RightRight

““For Some, A For Some, A Hard Fought Hard Fought

Right”Right”

Your Actions Can Effect The Your Actions Can Effect The Outcome of an ElectionOutcome of an Election

Most Elections Are a SuccessMost Elections Are a Success

Complaints Are Filed Complaints Are Filed When People Are When People Are

UnhappyUnhappy

StateElections

Enforcement Commission

How to Avoid a Complaint…How to Avoid a Complaint…and what to do if one is filedand what to do if one is filed

Deal fairly and openly with all Deal fairly and openly with all candidates, electors and applicantscandidates, electors and applicants

If a complaint is filed, cooperate with If a complaint is filed, cooperate with the attorney or investigatorthe attorney or investigator

Non-partisan in PracticeNon-partisan in Practice Leave your party hat at the Leave your party hat at the

doordoor Be a non-partisan election Be a non-partisan election

official in your officeofficial in your office

Minor Party and Petitioning Minor Party and Petitioning CandidatesCandidates

Do not have representation in your Do not have representation in your officeoffice

Fertile sources of complaints against Fertile sources of complaints against RegistrarsRegistrars

May be increased petitioning due to May be increased petitioning due to the Citizens Election Programthe Citizens Election Program

Read, Listen and Follow the Read, Listen and Follow the Advice of the Secretary of the Advice of the Secretary of the

State’s OfficeState’s Office

Read Your MailRead Your Mail

Case ExamplesCase Examples

VOTER HISTORYVOTER HISTORY Section 9-50b requires that Section 9-50b requires that

Registrars update voter history on Registrars update voter history on CVRS “forthwith” after an electionCVRS “forthwith” after an election

Commission case - One year and Commission case - One year and responsive to a complaint is not responsive to a complaint is not “forthwith” - VIOLATION“forthwith” - VIOLATION

Pending legislation – 60 daysPending legislation – 60 days

PRIVATE AND INDEPENDENT PRIVATE AND INDEPENDENT VOTING VOTING

Right to Privacy is Right to Privacy is Constitutional, but the Constitutional, but the Commission can only Commission can only enforce statutory rightsenforce statutory rights

Voter’s Bill of Rights (9-Voter’s Bill of Rights (9-236b) creates statutory 236b) creates statutory right to vote privately right to vote privately and independently, and independently, regardless of disabilityregardless of disability

§9-262During the entire period of an election, at least one of the election officials shall be stationed approximately three to four feet from the voting tabulator to regulate the submission of the elector’s ballot . . . [N]o election official shall remain or permit any person to remain in any position or near any position that would permit him to see or ascertain how an elector votes.

Privacy and Tabulator Privacy and Tabulator TendersTenders

• Tabulator tenders must be stationed at least three to four feet from the voting tabulator to regulate the submission of the elector’s ballot.

• Tabulator tenders must not remain within less than three feet of the voting tabulator while electors insert their ballots to avoid being in a position that permits them to see or ascertain how an elector voted, pursuant to C.G.S. §9-262.

Privacy Sleeves and Election Privacy Sleeves and Election OfficialsOfficials

• Privacy sleeves must be provided by the Registrars of Voters to the moderator.

• Ballot clerk must issue privacy sleeve with ballot.

AVS Required in Elections & AVS Required in Elections & PrimariesPrimaries

Attorney General’s opinion that pursuant to HAVA Attorney General’s opinion that pursuant to HAVA and Section 9-236b the AVS is required in federal and Section 9-236b the AVS is required in federal and municipal elections. and municipal elections.

Commission found that AVS required in primaries Commission found that AVS required in primaries too.too.

One Registrar did not set up for primary, but One Registrar did not set up for primary, but because no voter came forward, case dismissed.because no voter came forward, case dismissed.

LESSON: If you don’t set up AVS you are taking LESSON: If you don’t set up AVS you are taking your chances. If one voter shows up to use it – your chances. If one voter shows up to use it – violation. violation.

ADVICE: Set it upADVICE: Set it up

AVS and Section 9-236bAVS and Section 9-236b Voters have the right to vote privately and Voters have the right to vote privately and

independently. General Statutes 9-236b. independently. General Statutes 9-236b. Only statute or regulation applicable to AVS Only statute or regulation applicable to AVS

machinesmachines So, a voter, who it took more than four hours So, a voter, who it took more than four hours

to vote, but finally voted…..no remedyto vote, but finally voted…..no remedy Second case, 45 minutes to vote… no Second case, 45 minutes to vote… no

remedyremedy If voter in your town NOT so PERSISTENT…If voter in your town NOT so PERSISTENT…

POSSIBLE VIOLATION OF 9-236bPOSSIBLE VIOLATION OF 9-236b Possible legislative solution - Amend 9-247 Possible legislative solution - Amend 9-247

TWO SYSTEMS IN EACH TWO SYSTEMS IN EACH POLLING PLACEPOLLING PLACE

Optical ScanOptical Scan AVSAVS

Any voter could use either systemAny voter could use either system

HELPFUL HINTS ON AVSHELPFUL HINTS ON AVS Explain the process to the voterExplain the process to the voter Orient the voter to where the equipment is, Orient the voter to where the equipment is,

then explain to the voter that you need to then explain to the voter that you need to dial the code for him or her, then you will dial the code for him or her, then you will leaveleave

LEAVE!!!LEAVE!!! Do not HOVER – private and independentDo not HOVER – private and independent DO NOT PICK UP THE PHONE (yes someone DO NOT PICK UP THE PHONE (yes someone

really did that)really did that)

Accessible Vote by Phone System Accessible Vote by Phone System (AVS)(AVS)

DODO DON’TDON’TAttend training on how Attend training on how to operate the system to operate the system

and know how to and know how to troubleshoottroubleshoot

Pick up the fax phone Pick up the fax phone when it is ringing or when it is ringing or

otherwise make voting otherwise make voting difficultdifficult

Have the appropriate Have the appropriate equipment and equipment and

instructions during instructions during voting hours – make voting hours – make

sure it’s properly sure it’s properly connectedconnected

Pull the ballot off the fax Pull the ballot off the fax until all sheets have until all sheets have

printedprinted

Assist a voter if Assist a voter if requested requested

Impose your presence Impose your presence on the voteron the voter

Allow a voter to cast a Allow a voter to cast a ballot independently ballot independently

and in privacyand in privacy

Set up the AVS in a Set up the AVS in a place that does not place that does not

feel privatefeel private

• Where the AVS is utilized by a single elector in a polling place, the secrecy of the ballot may be compromised because such votes are tallied separately on the moderator's return.

• Election officials should encourage (but cannot require) other electors and polling place officials to use the AVS to assure multiple votes on the tally.

Privacy and Accessible Vote-by Phone Privacy and Accessible Vote-by Phone System (AVS)System (AVS)

Unidentified Unidentified Candidate CheckerCandidate Checker

No unidentified person should be permitted to be or No unidentified person should be permitted to be or remain in a polling placeremain in a polling place

Candidate checkers may be suggested by candidates Candidate checkers may be suggested by candidates in a primary, but must be designated by Registrar in a primary, but must be designated by Registrar and be an elector in the town holding the primary and be an elector in the town holding the primary (Conn. Gen. Stat. § 9-436a)(Conn. Gen. Stat. § 9-436a)

Substitutions okay, but still need designation in Substitutions okay, but still need designation in writing or recorded by the moderatorwriting or recorded by the moderator Credible allegation that an unidentified candidate checker, Credible allegation that an unidentified candidate checker,

who came in as a substitute, advocated in Spanish for a who came in as a substitute, advocated in Spanish for a candidate, in violation of Conn. Gen. Stat. § 9-236 candidate, in violation of Conn. Gen. Stat. § 9-236

Individual could not be identified and case had to be Individual could not be identified and case had to be dismisseddismissed

News Media in Polling News Media in Polling PlacesPlaces

Must be allowed in to observe, which includes taking pictures or video, pursuant to Conn. Gen. Stat. Sec. 9-236.

Moderator must ensure thatno photographs are taken of individual ballots

Public May Observe CanvasPublic May Observe Canvas Conn. Gen. Stat. 9-308 provides:Conn. Gen. Stat. 9-308 provides:……canvas shall be made in plain view of canvas shall be made in plain view of

the public…the public………No person shall close or cause to be No person shall close or cause to be

closed the main entrance to the closed the main entrance to the room in which such canvas is room in which such canvas is conducted, in such manner as to conducted, in such manner as to prevent ingress or egress thereby….prevent ingress or egress thereby….

Its a Registrar’s Duty to Its a Registrar’s Duty to Instruct Polling OfficialsInstruct Polling Officials

Elections

ROV

Polls Must Be Open On TimePolls Must Be Open On Time

Petition DeadlineHours1:00 – 4:00 p.m.

Required Office HoursRequired Office Hours

Regular Office HoursMonday and Tuesday9 a.m. to 12 p.m.

Petition RejectionPetition Rejection Conn. Gen. Stat. § 9-410(c) requires the Conn. Gen. Stat. § 9-410(c) requires the

Registrar to reject a primary petition in Registrar to reject a primary petition in certain instancescertain instances Busy primary, but a registrar approved a Busy primary, but a registrar approved a

petition where the circulator who signed petition where the circulator who signed (Section D) did not match the individual (Section D) did not match the individual the registrar certified was an elector the registrar certified was an elector (Section C)(Section C)

Should have rejected petitionShould have rejected petition

ROV Petition ApprovalROV Petition Approval The Registrar portion certifying that The Registrar portion certifying that

circulator is an elector must be circulator is an elector must be completed at the time of submission. completed at the time of submission. NOT two days later NOT two days later

Fraudulent PetitionsFraudulent Petitions Three individuals who signed as Three individuals who signed as

circulators did not actually witness circulators did not actually witness petition signaturespetition signatures

SEEC referred for criminal SEEC referred for criminal prosecutionprosecution

No prosecutionNo prosecution SEEC civil enforcement $2,000 finesSEEC civil enforcement $2,000 fines

PETITION CASE PETITION CASE Referred by SOTS – 2006 electionReferred by SOTS – 2006 election Candidate for Congress wrote all the Candidate for Congress wrote all the

petitions out by himselfpetitions out by himself Commission established by forensic Commission established by forensic

analysis, and referred for criminal analysis, and referred for criminal prosecutionprosecution

Criminal process went as far as Criminal process went as far as possible – but he moved out of statepossible – but he moved out of state

Cases Without Merit are DismissedCases Without Merit are Dismissed

DISMISSED

Registrars as ComplainantRegistrars as Complainant Our local eyes and earsOur local eyes and ears

Voter Registration ApplicationsVoter Registration Applicationsand U.S. Citizenshipand U.S. Citizenship

Registrars of Voters Registrars of Voters may provide voter may provide voter registration and registration and United States United States Citizenship services.Citizenship services.

Individuals must be Individuals must be a United States a United States citizen at the time citizen at the time he/she swears or he/she swears or affirms U.S. affirms U.S. citizenship when citizenship when completing a voter completing a voter registration card.registration card.

Double VotingDouble Voting

No individual may vote No individual may vote for for candidates candidates or be or be registered to vote for registered to vote for candidates at more than candidates at more than one location at a time.one location at a time.

Non-resident electors may Non-resident electors may be entitled to vote on be entitled to vote on referenda referenda concerning tax concerning tax issues as property owners, issues as property owners, if town permits such if town permits such participation.participation.

Bona Fide ResidenceBona Fide Residence

Must be a bona fide resident of a Must be a bona fide resident of a town to be an elector. town to be an elector.

Bona fide residence= domicile.Bona fide residence= domicile.

Domicile= true, fixed, and principal Domicile= true, fixed, and principal home to which an individual, home to which an individual, whenever transiently relocated, whenever transiently relocated, has a genuine intent to return.has a genuine intent to return.

Property falls between two towns= Property falls between two towns= the location of the dwelling unit the location of the dwelling unit (actual home) is significant.(actual home) is significant.

Conn. Gen. Stat. 9-31Conn. Gen. Stat. 9-31l appeals appeals

Bona fide Residence caseBona fide Residence case

Absentee ballot application from individualAbsentee ballot application from individual Prior canvas showed had moved out of town and placed on Prior canvas showed had moved out of town and placed on

inactiveinactive Individual affirmed still lived in town, yet mail returnedIndividual affirmed still lived in town, yet mail returned Individual lived in New York (deadline to vote had not passed), Individual lived in New York (deadline to vote had not passed),

lied to Registrarlied to Registrar, , and said he still lived in Connecticutand said he still lived in Connecticut Ballot cast and countedBallot cast and counted Second confirmation returnedSecond confirmation returned Registrar filed complaint Registrar filed complaint Violations of Conn. Gen. Stat. § 9-23g, 9-140, 9-172, 9-360 (for Violations of Conn. Gen. Stat. § 9-23g, 9-140, 9-172, 9-360 (for

false voter registration application, absentee ballot false voter registration application, absentee ballot application, and voting when not qualified) application, and voting when not qualified)

Commission fined him $1,500Commission fined him $1,500

ELECTION DAY ELECTION DAY REGISTRATIONREGISTRATION

If this passes, our cooperation is If this passes, our cooperation is essentialessential

Registrars will be in the trenchesRegistrars will be in the trenches Report suspicious activity to the Report suspicious activity to the

CommissionCommission

MUNICIPAL PRIMARY REGISTRATION

Help America Vote Act (HAVA) Help America Vote Act (HAVA) Complaint Process – Subject Complaint Process – Subject

MatterMatter Voting system standards;Voting system standards; Identification requirements for federal Identification requirements for federal

elections if registration by mail;elections if registration by mail; Statewide computerized voter Statewide computerized voter

registration and list maintenance;registration and list maintenance; Provisional Balloting Voting;Provisional Balloting Voting; Voting Information Requirements; andVoting Information Requirements; and Content of Voter Registration FormsContent of Voter Registration Forms

Help America Vote Act (HAVA) Help America Vote Act (HAVA) Complaint ProcessComplaint Process

Filed within 30 days of occurrenceFiled within 30 days of occurrence Sworn under oathSworn under oath Commission Regulations 9-7b-82 et. Commission Regulations 9-7b-82 et.

seq. seq. Complainant has a right to a hearing Complainant has a right to a hearing

and a determination within 90 daysand a determination within 90 days First two HAVA complaints received and First two HAVA complaints received and

decideddecided

Uniform Application of Uniform Application of State Election LawsState Election Laws

CONTACT INFORMATIONCONTACT INFORMATION

STATE ELECTIONS ENFORCEMENT STATE ELECTIONS ENFORCEMENT COMMISSIONCOMMISSION

20 TRINITY STREET20 TRINITY STREETHARTFORD, CT 06106HARTFORD, CT 06106

860-256-2940860-256-2940WWW.CT.GOV/SEECWWW.CT.GOV/SEEC