STATE ELECTIONS
ENFORCEMENT COMMISSION
Registrars of Voters Association of
Connecticut (ROVAC) Conference
Cromwell, Connecticut
April 14, 2010
Composition of Commission
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Bipartisan
5 Members
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2 Republicans
2 Democrats
1 Unaffiliated
5 year terms
Restrictions on Political Activities
Decide Policy, Cases and Grant applications
Duties and Responsibilities of
Staff
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Investigations and Civil Enforcement
Audits and Disclosure
Compliance Advice/Legal Opinions
Declaratory Rulings
Public Education
Legislative Recommendations
Distinction Between SEEC and SOTS
Comprehensive Campaign Finance
Reform
(Oct. 25 Spec. Sess. Public Act 05-5)
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Public Financing Program for Statewide and General
Assembly Candidates
State Contractor Contribution and Solicitation ban
Lobbyist Contribution and Solicitation ban
New Contribution Limits for Party, PAC and Candidate
Committees
Filing Repository moved to SEEC from SOTS
Development of New Electronic Campaign Finance
Information Reporting System
Citizens’ Election Program
Applicable to
General Assembly Campaigns
and
Statewide Office Campaigns
SEEC Campaign Finance
Registration & Reporting Forms
New Electronic Campaign Reporting
Information System (eCRIS)
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Now available
Searchable database
Redesigned forms
User friendly
All SOTS campaign
finance filings with
SEEC since 2007
Registrars Have Important
Responsibilities
Compilation
and
Maintenance
of Voter
Registry and
Enrollment
Lists
Suitability and Accessibility of
Polling Places
Help America Vote Act (HAVA)
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Computerized statewide registry list
New voting machines
Accessible voting machines
Provisional ballots
Appointment and Training of
Pollworkers
Voting Machine Preparation
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Supervision of
Absentee
Voting at
Nursing Homes
Communication is Key
Consult with Each Other on Important
Issues
Conference
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non-adversarial setting
learn more about each other’s roles
discuss how to improve process
Teach Through
Actual Examples
Privacy cases
HAVA complaints
Voter fraud
The Right to Vote is a Fundamental
Constitutional Right
•directly elect our leaders
•one man, one vote
Your Actions Can Effect The
Outcome of an Election
Most Elections Are a Success
Complaints Are Filed When
People Are Unhappy
State
Elections
Enforcement
Commission
How to Avoid a Complaint…
and what to do if one is filed
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Deal fairly and openly with all candidates,
electors and applicants
If a complaint is filed, cooperate with the
attorney or investigator
Non-partisan in Practice
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Leave your party hat at the
door
Be a non-partisan election
official in your office
Minor Party and Petitioning
Candidates
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Do not have representation in your office
Fertile sources of complaints against
Registrars
May be increased petitioning due to the
Citizens Election Program
Read, Listen and Follow the Advice of
the Secretary of the State’s Office
Read Your Mail
Case Examples
VOTER HISTORY
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Section 9-50b requires that Registrars
update voter history on CVRS “forthwith”
after an election
Commission case - One year and
responsive to a complaint is not
“forthwith” - VIOLATION
Pending legislation – 60 days
PRIVATE AND INDEPENDENT
VOTING
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Right to Privacy is
Constitutional, but the
Commission can only
enforce statutory rights
Voter’s Bill of Rights (9236b) creates statutory
right to vote privately and
independently, regardless
of disability
§9-262
During 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 Tenders
• 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
Officials
• 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 &
Primaries
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Attorney General’s opinion that pursuant to HAVA and
Section 9-236b the AVS is required in federal and
municipal elections.
Commission found that AVS required in primaries too.
One Registrar did not set up for primary, but because no
voter came forward, case dismissed.
LESSON: If you don’t set up AVS you are taking your
chances. If one voter shows up to use it – violation.
ADVICE: Set it up
AVS and Section 9-236b
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Voters have the right to vote privately and
independently. General Statutes 9-236b.
Only statute or regulation applicable to AVS
machines
So, a voter, who it took more than four hours to
vote, but finally voted…..no remedy
Second case, 45 minutes to vote… no remedy
If voter in your town NOT so
PERSISTENT…POSSIBLE VIOLATION OF 9-236b
Possible legislative solution - Amend 9-247
TWO SYSTEMS IN EACH POLLING
PLACE
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Optical Scan
AVS
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Any voter could use either system
HELPFUL HINTS ON AVS
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Explain the process to the voter
Orient the voter to where the equipment is, then
explain to the voter that you need to dial the
code for him or her, then you will leave
LEAVE!!!
Do not HOVER – private and independent
DO NOT PICK UP THE PHONE (yes someone
really did that)
Accessible Vote by Phone System (AVS)
DO
DON’T
Attend training on how to Pick up the fax phone when
operate the system and
it is ringing or otherwise
know how to troubleshoot
make voting difficult
Have the appropriate
Pull the ballot off the fax
equipment and instructions until all sheets have printed
during voting hours – make
sure it’s properly connected
Assist a voter if requested
Impose your presence on
the voter
Allow a voter to cast a
Set up the AVS in a place
ballot independently and in
that does not feel
privacy
private
Privacy and Accessible Vote-by Phone
System (AVS)
• 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.
Unidentified
Candidate Checker
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No unidentified person should be permitted to be or
remain in a polling place
Candidate checkers may be suggested by candidates in a
primary, but must be designated by Registrar and be an
elector in the town holding the primary (Conn. Gen. Stat.
§ 9-436a)
Substitutions okay, but still need designation in writing
or recorded by the moderator
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Credible allegation that an unidentified candidate checker, who
came in as a substitute, advocated in Spanish for a candidate, in
violation of Conn. Gen. Stat. § 9-236
Individual could not be identified and case had to be dismissed
News Media in Polling Places
Must be allowed in to observe,
which includes taking pictures or
video, pursuant to Conn. Gen.
Stat. Sec. 9-236.
Moderator must ensure that
no photographs are taken
of individual ballots
Public May Observe Canvas
Conn. Gen. Stat. 9-308 provides:
…canvas shall be made in plain view of the
public…
…No person shall close or cause to be
closed the main entrance to the room in
which such canvas is conducted, in such
manner as to prevent ingress or egress
thereby….
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Its a Registrar’s Duty to
Instruct Polling Officials
Elections
ROV
Polls Must Be Open On Time
Required Office Hours
Regular Office Hours
Monday and Tuesday
Petition Deadline 9 a.m. to 12 p.m.
Hours
1:00 – 4:00 p.m.
Petition Rejection
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Conn. Gen. Stat. § 9-410(c) requires the
Registrar to reject a primary petition in
certain instances
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Busy primary, but a registrar approved a
petition where the circulator who signed
(Section D) did not match the individual the
registrar certified was an elector (Section C)
Should have rejected petition
ROV Petition Approval
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The Registrar portion certifying that
circulator is an elector must be completed
at the time of submission.
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NOT two days later
Fraudulent Petitions
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Three individuals who signed as circulators
did not actually witness petition signatures
SEEC referred for criminal prosecution
No prosecution
SEEC civil enforcement $2,000 fines
PETITION CASE
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Referred by SOTS – 2006 election
Candidate for Congress wrote all the
petitions out by himself
Commission established by forensic
analysis, and referred for criminal
prosecution
Criminal process went as far as possible –
but he moved out of state
Cases Without Merit are Dismissed
Registrars as Complainant
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Our local eyes and ears
Voter Registration Applications
and U.S. Citizenship
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Registrars of Voters
may provide voter
registration and
United States
Citizenship services.
Individuals must be
a United States
citizen at the time
he/she swears or
affirms U.S.
citizenship when
completing a voter
registration card.
Double Voting
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No individual may vote for
candidates or be registered
to vote for candidates at
more than one location at
a time.
Non-resident electors may be
entitled to vote on referenda
concerning tax issues as
property owners, if town
permits such participation.
Bona Fide Residence
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Must be a bona fide resident of a town
to be an elector.
Bona fide residence= domicile.
Domicile= true, fixed, and principal
home to which an individual, whenever
transiently relocated, has a genuine
intent to return.
Property falls between two towns= the
location of the dwelling unit (actual
home) is significant.
Conn. Gen. Stat. 9-31l appeals
Bona fide Residence case
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Absentee ballot application from individual
Prior canvas showed had moved out of town and placed on inactive
Individual affirmed still lived in town, yet mail returned
Individual lived in New York (deadline to vote had not passed), lied
to Registrar, and said he still lived in Connecticut
Ballot cast and counted
Second confirmation returned
Registrar filed complaint
Violations of Conn. Gen. Stat. § 9-23g, 9-140, 9-172, 9-360 (for
false voter registration application, absentee ballot application, and
voting when not qualified)
Commission fined him $1,500
ELECTION
MUNICIPALDAY
PRIMARY
REGISTRATION
REGISTRATION
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If this passes, our cooperation is essential
Registrars will be in the trenches
Report suspicious activity to the
Commission
Help America Vote Act (HAVA)
Complaint Process – Subject Matter
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Voting system standards;
Identification requirements for federal
elections if registration by mail;
Statewide computerized voter registration
and list maintenance;
Provisional Balloting Voting;
Voting Information Requirements; and
Content of Voter Registration Forms
Help America Vote Act (HAVA)
Complaint Process
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Filed within 30 days of occurrence
Sworn under oath
Commission Regulations 9-7b-82 et. seq.
Complainant has a right to a hearing and
a determination within 90 days
First two HAVA complaints received and
decided
Uniform Application of
State Election Laws
CONTACT INFORMATION
STATE ELECTIONS ENFORCEMENT
COMMISSION
20 TRINITY STREET
HARTFORD, CT 06106
860-256-2940
WWW.CT.GOV/SEEC