STATE ELECTIONS ENFORCEMENT COMMISSION

1. STATE ELECTIONS ENFORCEMENT COMMISSION Registrars of Voters Association of Connecticut (ROVAC) Conference Cromwell, Connecticut April 14, 2010

2. Composition of Commission • Bipartisan • 5 Members • 2 Republicans • 2 Democrats • 1 Unaffiliated • 5 year terms • Restrictions on Political Activities • Decide Policy, Cases and Grant applications

3. Duties and Responsibilities of Staff • Investigations and Civil Enforcement • Audits and Disclosure • Compliance Advice/Legal Opinions • Declaratory Rulings • Public Education • Legislative Recommendations • Distinction Between SEEC and SOTS

4. Comprehensive Campaign Finance Reform(Oct. 25 Spec. Sess. Public Act 05-5) • 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

5. Citizens’ Election Program Applicable to General Assembly Campaigns and Statewide Office Campaigns

6. SEEC Campaign FinanceRegistration & Reporting Forms available @ www.ct.gov/seec

7. New Electronic Campaign Reporting Information System (eCRIS) • Now available • Searchable database • Redesigned forms • User friendly • All SOTS campaign finance filings with SEEC since 2007

8. Registrars Have Important Responsibilities

9. Compilation and Maintenance of Voter Registry and Enrollment Lists • Voter Registry

10. Suitability and Accessibility of Polling Places

11. Help America Vote Act (HAVA) • Computerized statewide registry list • New voting machines • Accessible voting machines • Provisional ballots

12. Appointment and Training of Pollworkers

13. Voting Machine Preparation

14. Supervision of Absentee Voting at Nursing Homes ?

15. Communication is Key Consult with Each Other on Important Issues

16. Conference • non-adversarial setting • learn more about each other’s roles • discuss how to improve process

17. Teach Through Actual Examples Privacy cases HAVA complaints Voter fraud

18. The Right to Vote is a Fundamental Constitutional Right • directly elect our leaders • one man, one vote

19. “For Some, A Hard Fought Right”

20. Your Actions Can Effect The Outcome of an Election

21. Most Elections Are a Success

22. Complaints Are Filed When People Are Unhappy State Elections Enforcement Commission

23. How to Avoid a Complaint…and what to do if one is filed • Deal fairly and openly with all candidates, electors and applicants • If a complaint is filed, cooperate with the attorney or investigator

24. Non-partisan in Practice • Leave your party hat at the door • Be a non-partisan election official in your office

25. Minor Party and Petitioning Candidates • Do not have representation in your office • Fertile sources of complaints against Registrars • May be increased petitioning due to the Citizens Election Program

26. Read, Listen and Follow the Advice of the Secretary of the State’s Office

27. Read Your Mail

28. Case Examples

29. VOTER HISTORY • 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

30. PRIVATE AND INDEPENDENT VOTING • Right to Privacy is Constitutional, but the Commission can only enforce statutory rights • Voter’s Bill of Rights (9-236b) creates statutory right to vote privately and independently, regardless of disability

31. §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.

32. 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.

33. 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.

34. AVS Required in Elections & Primaries • 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

35. AVS and Section 9-236b • 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

36. TWO SYSTEMS IN EACH POLLING PLACE • Optical Scan • AVS • Any voter could use either system

37. HELPFUL HINTS ON AVS • 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)

38. Accessible Vote by Phone System (AVS)

39. 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.

40. Unidentified Candidate Checker • 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 • 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

41. 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

42. 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….

43. Its a Registrar’s Duty to Instruct Polling Officials Elections ROV

44. Polls Must Be Open On Time

45. Required Office Hours Regular Office Hours Monday and Tuesday 9 a.m. to 12 p.m. Petition Deadline Hours 1:00 – 4:00 p.m.

46. Petition Rejection • Conn. Gen. Stat. § 9-410(c) requires the Registrar to reject a primary petition in certain instances • 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

47. ROV Petition Approval • The Registrar portion certifying that circulator is an elector must be completed at the time of submission. • NOT two days later

48. Fraudulent Petitions • 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

49. PETITION CASE • 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

50. DISMISSED Cases Without Merit are Dismissed