Government Administration and Elections Committee
JOINT FAVORABLE REPORT
Bill No.: SB-5
AN ACT CONCERNING INCREASED OPPORTUNITIES FOR ABSENTEE
VOTING, SAFE AND SECURE IN-PERSON VOTING, VOTER REGISTRATION
AND CERTAIN OTHER CHANGES REGARDING ELECTION
Title: ADMINISTRATION.
Vote Date: 4/5/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/26/2021
File No.: 570
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Government Administration and Elections Committee
REASONS FOR BILL:
To increase opportunities for safe and secure in-person voting, absentee voting, and voter
registration. Senate Bill 5 makes a series of changes to election laws intended to increase
voter participation, including the designation of Election Day in November as a legal holiday.
Additional changes include the requirement that employers comply with employee requests
for time off to vote on state elections and special elections and give each such employee two
hours off for voting. The bill also seeks to eliminate the disenfranchisement of individuals on
parole by restoring their electoral privileges, and individuals with developmental disabilities by
allowing their legal representatives to assist them in registering to vote and voting.
Generally, the provisions contained in Senate Bill 5 seek to enhance voting by facilitating a
more efficient process for voter registration and participation. The bill requires the Secretary
of the State to develop and implement an electronic system that complies with the National
Voter Registration Act. The system may be used by individuals to submit their electronic
signatures for election related documents, including absentee ballot applications. The system
would also be used by the Department of Motor Vehicles and other voter registration
agencies, including higher education institutions, to submit voter registration applications to
registrars of voters. Additionally, Senate Bill 5 authorizes municipalities to provide a system
for the return of military and overseas absentee ballots. The maintenance of such a system
requires rigorous security evaluations and post-election audits. An additional provision in the
bill intended to increase safe and secure voting includes the prohibition of any individual,
other than a uniformed police officer, to possess a firearm within 200 miles of a polling
location.
RESPONSE FROM ADMINISTRATION/AGENCY:
Denise W. Merrill, Secretary of the State of Connecticut: Secretary Merrill addressed a
series of provisions in the bill that would help to make the electoral process more convenient
for Connecticut voters. Secretary Merrill emphasized the important steps that this bill makes
in terms of restoring voting rights to individuals as soon as they are physically released from
prison. Additionally, she highlighted the Connecticut automatic voter registration system and
the provisions in the bill that would codify and streamline this process to make it easier for
voters to register. Lastly, Secretary Merrill stated her opposition to Section 27 of the bill,
which would allow for ballots to be delivered electronically. Citing security concerns,
Secretary Merrill maintained her opposition to any electronic ballot distribution system at this
time.
Connecticut Senate Democrats: The Connecticut Senate Democratic Caucus offered
testimony in support of Senate Bill 5. Senate Democrats assert that the bill will expand voter
registration capabilities, increase access to absentee ballots and ensure that safe and
convenient measures are in place to allow voters to cast their ballots on or before election
day.
Freedom of Information Commission: The Freedom of Information Commission
(FOIC) opposes Sections 27 (a) and (c) of the bill. FOIC emphasized the need for
transparency regarding voter records which helps to prevent fraud and ensures that election
officials are held accountable and carrying out their responsibilities lawfully. Section 27 (a)
contains provisions that would allow for the disclosure of only the birth year of a voter, rather
than a full date of birth. FOIC maintains that the accompanying disclosure of the month and
date are critical in terms of determining voter identity and eligibility and ultimately preventing
fraud. Regarding Section 27 (c) which permits voters to submit a signed statement to allow
for the redaction of their information from the voter registry, FOIC considers this insufficient.
Instead, FOIC proposes that requirements for redaction of information should include
supporting documentation, as well as an affidavit or official statement made under penalty of
false statement.
NATURE AND SOURCES OF SUPPORT:
Justin Elicker, Mayor, City of New Haven: Mayor Elicker expressed support for Senate Bill
5. Mayor Elicker views the bill as a means to ensure that all eligible voters are able to partake
in democracy, even if they face barriers that might make voting on Election Day a challenge.
Mayor Elicker emphasized the importance for government to change and adapt, and he sees
this bill as fulfilling that notion. Lastly, Mayor Elicker noted that expanding voting accessibility
allows for elected officials to be held accountable by the people they represent.
Rory McClenahan, Board Member, Wesleyan Democrats: On behalf of Wesleyan
Democrats, Ms. McClenahan indicated support for Senate Bill 5. In terms of absentee voting,
the pandemic has exposed the need for a stronger absentee voting system in Connecticut.
Additionally, Wesleyan Democrats believe that the provision banning firearms from being
possessed within 200 feet of a polling precinct is a critical step towards ensuring safe and
intimidation-free voting. Lastly, Wesleyan Democrats asked that Senate Bill 5 be amended to
create polling places on all college campuses across Connecticut. Recognizing the
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importance of empowering young voters to turnout and partake in the democratic process,
Wesleyan Democrats believe that the bill should be amended to incorporate provisions that
encourage youth voter turnout.
Callie Heilmann, Co-Director, Bridgeport Generation Now Votes: Bridgeport Generation
Now Votes supports the bill. By allowing other state agencies to participate in Automatic
Voter Registration, civic organizations like Bridgeport Generation Now Votes no longer have
the burden of registering voters. Additionally, Bridgeport Generation Now Votes believes that
expanding Automatic Voter Registration beyond the Department of Motor Vehicles would
ensure that individuals who do not drive are able to register and exercise their right to vote.
Lastly, Bridgeport Generation Now Votes expressed strong support for restoring suffrage to
those who are on parole. In their testimony, the group suggested that formerly incarcerated
individuals should not be required to pay back fines related to their conviction in order to
regain the right to vote.
Darryl Brackeen Jr., Board Chair, Generation Change CT: Mr. Brackeen expressed strong
support for Senate Bill 5. Particularly, his testimony focused on Section 27 of the bill which
would allow municipalities to provide an electronic voting option to disabled voters, voters
living abroad and voters who are currently active-duty military personnel and their families.
Mr. Brackeen stated that electronic voting systems offer accessibility and security and have
been successfully adopted in some jurisdictions across the country. Mr. Brackeen added that
the City of New Haven is ready to begin implementing an electronic voting system that can be
utilized by the aforementioned unique voter categories.
City of New Haven Board of Alders: The City of New Haven Board of Alders supports the
bill and recognized changes in election administration over the past year due to the ongoing
pandemic. The Board of Alders believes that these changes have highlighted the need to
expand voting methods to include an electronic form of voting. Citing electronic voting efforts
in West Virginia and several other states, the Board of Alders believes this form of voting is
accessible, secure, and should be piloted in Connecticut for specific groups of people that do
not have easy access to polling places or absentee ballots.
Aaron Goode, Founder, New Haven Votes Coalition: Mr. Goode supports the bill and
elaborated that although New Haven has faced a series of problems regarding voting on
Election Day over the last ten years, the 2020 election was absent of any major problems. He
attributed the success of New Havens 2020 election to the fact that the voters had access to
no-excuse absentee voting, which significantly reduced pressure on election officials that
normally would be overwhelmed. Additionally, Mr. Goode emphasized the need to improve
absentee ballot tracking in the Connecticut Voter Registry database for the purpose of
election integrity and conducting post-election audits. Mr. Goode also expressed his support
for expanding Automatic Voter Registration, restoring voting rights to parolees, and
maintaining the presence of absentee ballot drop boxes.
Hartford Foundation for Public Giving: The Hartford Foundation for Public Giving supports
Senate Bill 5 because it will increase voter registration which correlates with a growth in voter
turnout. Additionally, the Hartford Foundation for Public Giving supports the provision in the
bill which designates Election Day as a state holiday and mandates employers to provide two
hours of paid time off to accommodate voting. Making Election Day a state holiday and
mandating employers to allow their employees to take time off to vote would help to alleviate
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employee fears of missing work, having their pay reduced or even losing their jobs. Hartford
Foundation for Public Giving also expressed support for the provisions in the bill that would
restore voting rights to parolees, prevent firearms from being carried within 200 feet of a
polling place and provide ballots in languages other than English.
Kate Roschmann, Volunteer, Moms Demand Action: Ms. Roschmann supports the bill
and believes that guns do not belong in polling precincts. Ms. Roschmann associated guns at
a polling place with voter intimidation. She emphasized that guns at a polling place pose a
threat of violence and serve to intimidate voters.
Richard Cardoso, Yale Democrats: Mr. Cardoso supports and applauds the progressive
nature of the bill in terms of expanding voting rights and removing barriers that have
prevented people from participating in our democracy. Mr. Cardoso expressed support for the
language in the bill that would give voters paid time off on Election Day, expanded Automatic
Voter Registration and ban firearms from within 200 feet of a polling place. Additionally, Mr.
Cardoso pointed out the section of the bill that would allow for voters to request absentee
ballots through the phone or online without a state ID. He believes that these measures will
help to remove potential financial and mobility barriers that disproportionately impact people
of color and voters from low income communities.
Forrest Senti, National Cybersecurity Center: On behalf of the National Cybersecurity
Center, Mr. Senti expressed support for Section 27 of Senate Bill 5. Allowing municipalities to
use an electronic system for the return of ballots would promote accessibility, security and
accountability. Citing his own experience, Mr. Senti discussed the success of various
electronic voting pilot programs that have made voting easier for individuals that face barriers
to voting because of residency abroad or a disability. Mr. Senti expressed support for the
provision that mandates the Secretary of the State with the task of implementing a state-wide
electronic voting system. By centralizing the system, Connecticut can introduce one uniform
method for electronic voting rather than each municipality soliciting their own vendors for an
electronic system. Additionally, Mr. Senti remarked that a blockchain might be more
beneficial than a paper trail in the event that a post-election audit is conducted.
National Association of Social Work, Connecticut Chapter (NASW): NASW expressed
strong support for Senate Bill 5. Along with the expansion of Automatic Voter Registration,
NASW is supportive of the measures that would call upon public high schools to distribute
voter registration material to encourage newly eligible voters to register. In addition, NASW
signified their support for the efforts the bill makes to address the needs of developmentally
disabled voters who might face barriers in terms of participating in elections. NASW
emphasized their view that voting is a right for every eligible resident. The group believes that
the bill helps to expand voting and make participation easier and more accessible.
Kelly McConney Moore, Interim Senior Policy Counsel, American Civil Liberties Union
of Connecticut (ACLU-CT): ACLU-CT supports the bill and welcomes policy changes that
help to make voting easier, fairer and more accessible. Some of the provisions that the
ACLU-CT highlighted in their testimony include the restoration of voting rights to people on
parole, extending Automatic Voter Registration, designating Election Day as a state holiday,
mandating that employers provide two hours of paid time off on Election Day, reducing
opportunities for voter intimidation, providing voters with ballots in different languages and the
special consideration for the needs of disabled voters. Regarding Section 28 of the bill, the
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ACLU-CT believes that exercising the right to vote should not mean that a voter must give up
their right to privacy. ACLU-CT urges the committee to amend Section 28 and remove the
language pertaining to date of birth limitations based on the fact that the voter opt-off option
provision would alleviate any privacy concerns.
Dori Dumas: Ms. Dumas stated her belief that Automatic Voter Registration (AVR) must be
expanded to include other state agencies beyond the Department of Motor Vehicles.
Particularly, she believes that public assistance offices, offices that provide state-funded
programs, public libraries and public institutions of higher education should conduct
Automatic Voter Registration. Ms. Dumas believes that Automatic Voter Registration will help
to maintain election security and integrity by providing municipalities with the most up-to-date
voter rolls. As a means to emphasize the importance of Automatic Voter Registration, Ms.
Dumas cited a Secure Democracy poll, which found that 77% of Connecticut voters support
Automatic Voter Registration.
Mark H. Bernacki, Legislative & Elections Committee Chair, Connecticut Town Clerks
Association (CTCA): CTCA proposed several changes to the bill for accommodating the
uniqueness of the 169 Connecticut towns. Regarding Section 16, CTCA recommends that
the language be altered to better reflect the deadline that the Registrars of Voters must meet
in terms of alerting the town clerk of the absentee ballot counting location as well as the
Election Day Registration location. In Section 19, CTCA asks that the committee remove the
requirement that town clerks be escorted by police when they retrieve absentee ballots from
a drop box that is not directly airside of the municipal clerk's office. CTCA believes that this
requirement strains short staffed police departments. Instead, CTCA suggests that the
language be altered to require that a second election official be present when ballots are
removed from a drop box. Regarding Section 27, which allows for electronic return of
absentee ballots, CTCA recommends that a legislative working group be convened to further
study this process so that voter privacy is maintained. Lastly, CTCA expressed concern over
Section 28, which calls for the redaction and removal of identifying information on absentee
ballot applications and ballots of those with confidentiality concerns. CTCA believes that the
dynamics between protecting identities and ensuring election integrity must be looked at
further.
Timothy De Carlo, Legislative Committee Chair, Registrar of Voters Association of
Connecticut (ROVAC): ROVAC addressed the proposed changes to Title 9 of the bill and
made a series of suggestions for the committee to consider. Specifically, ROVAC cited
language from lines 89-96 and lines 203-210, which would allow for unintentional voter
affiliation changes made by the Department of Motor Vehicles to be later corrected. ROVAC
raised questions related to unintentional voter affiliation changes and when these unintended
changes can be addressed in relation to a primary election or caucus. Additionally, ROVAC
addressed provisions in the bill which would allow for members of political town committees
to partake in the collection of absentee ballots. ROVAC asks whether or not these members
would have to take an oath and be made aware of possible penalties in the event that they
take actions that suppress absentee ballot collection to help them achieve their own political
interests. ROVAC also addressed potential concerns with the section in the bill that would
allow for Registrars of Voters to begin counting absentee ballots five days prior to an election
day. ROVAC acknowledged that if this bill were to come into law, voters would no longer be
able to retract their absentee ballot because of the new counting method. Ultimately, ROVAC
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didnt explicitly declare their support for this bill, but they expressed a willingness to work with
all relevant parties to strengthen the legislation.
The following additional organizations submitted testimony in support of SB 5:
Ann Gadwah, Advocacy and Outreach Organizer, Sierra Club Connecticut
Black and Brown United in Action
Carl Chisem, President, Connecticut Employees Union Independent, SEIU Local 511
Cheri Quickmire, Executive Director, Common Cause in Connecticut
Ella Campopiano, ConnPIRG
John Erlingheuser, Advocacy and Community Outreach Director, AARP Connecticut