§ 9-229 — Appointment of moderators. Certification and duties of regional election advisors. Instruction and certification of moderators. Regulations. Alternate moderators.

Connecticut § 9-229

• Jurisdiction: Connecticut
• Title 9: Elections

Text

(a) The registrars of voters in the several towns and, in towns where there are different registrars for different voting districts, the registrars of voters in such districts shall appoint the moderators of regular and special state and municipal elections in their respective towns or districts. For the purpose of providing a reserve group of persons who may serve as moderators, the registrars shall designate alternate moderators from among those persons chosen as official checkers, or tabulator tenders, in the following minimum numbers: In towns with one or more but not exceeding three voting districts, one alternate moderator; in towns with four or more but not exceeding eight voting districts, two alternate moderators; in towns with more than eight voting districts, a number of alternate moderators equal to one-fourth of the number of voting districts rounded off to the nearest multiple of four. In case the registrars fail to agree in the choice of a moderator or alternate moderator, the choice shall be determined between such registrars by lot. In the case of a primary, the registrar, as defined in section 9-372, shall so appoint such moderators and alternate moderators. Moderators and alternate moderators shall be appointed at least twenty days before the commencement of the period of early voting at such election or primary. The registrars shall submit a list of the names of such moderators and alternate moderators to the municipal clerk, which list shall be made available for public inspection by such clerk. Each person appointed to serve as moderator or alternate moderator shall be certified by the Secretary of the State in accordance with the provisions of subsection (c) of this section, except as provided in subsection (d) of this section or section 9-436. (b) (1) The Secretary of the State shall: (A) Request registrars of voters to volunteer to serve as instructors for moderators and alternate moderators; (B) select registrars from among such volunteers to serve as such instructors; (C) establish a curriculum for instructional sessions for moderators and alternate moderators; (D) establish the number of such instructional sessions to be held, provided at least one such instructional session shall be held in each congressional district in each calendar year; and (E) train the instructors for such sessions. The curriculum for such instructional sessions shall include, but need not be limited to, procedures for counting and recording absentee ballots, hands-on training in the use of voting tabulators, and the duties of a moderator in the conduct of a primary or an election. The Secretary may employ assistants on a temporary basis within existing budgetary resources for the purpose of implementing the provisions of this section. Such assistants shall not be subject to the provisions of chapter 67. The instructors shall conduct instructional sessions for moderators and alternate moderators in accordance with their training by the Secretary and the curriculum for such sessions. (2) The Secretary of the State shall also: (A) Coordinate with each regional election advisor appointed pursuant to section 9-229b , and the regional council of governments that appointed such regional election advisor, to hold instructional sessions for moderators and alternate moderators within the planning region served by such regional council of governments, in accordance with the curriculum established under subdivision (1) of this subsection; and (B) train and certify each regional election advisor for purposes of performing the duties of the position. The Secretary shall certify as a regional election advisor each individual who successfully completes training under subparagraph (B) of this subdivision, except the Secretary shall not so certify any individual who has, in a court of competent jurisdiction, been convicted of or pled guilty or nolo contendere to any (i) felony involving fraud, forgery, larceny, embezzlement or bribery, or (ii) criminal offense under this title. Any such initial certification granted under this subdivision shall expire two years after the date of such granting. Prior to expiration of the initial or any subsequent certification, a regional election advisor may undergo an abridged recertification process prescribed by the Secretary, and upon successful completion thereof, such certification shall be renewed for two years after the date of such completion. Only certification in accordance with this subdivision shall satisfy the requirement of subdivision (4) of subsection (b) of section 9-229b , and the Secretary may revoke any such certification, with or without cause, at any time. (3) The duties of each regional election advisor shall include, but not be limited to: (A) Holding the instructional sessions described in subdivision (2) of this subsection; (B) communicating with registrars of voters to assist, to the extent permitted under law, in preparations for and operations of any election, primary or recanvass, or any audit conducted pursuant to section 9-320f ; and (C) transmitting any order issued by the Secretary of the State, pursuant to subsection (b) of section 9-3 . (4) Any elector may attend one or more of the sessions held under subdivision (1) or (2) of this subsection. Each instructor or regional election advisor, as the case may be, shall provide the Secretary of the State with the name and address of each person who completes any such session. (c) The Secretary shall conduct certification sessions for moderators and alternate moderators each year at times and places to be determined by said Secretary, provided at least eight such sessions shall be held each calendar year and at least one such session shall be conducted prior to every primary. The Secretary shall certify each person who successfully completes an instructional session or regional instructional session, as the case may be, conducted in accordance with the provisions of subsection (b) of this section and an examination administered by the Secretary, as eligible to serve as moderator or alternate moderator at any election or primary held during the time such certification is effective, except the Secretary shall not certify any person as moderator or alternate moderator who has been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, any felony involving fraud, forgery, larceny, embezzlement or bribery or any criminal offense under this title. Before July 1, 2019, (1) any initial certification granted under this subsection shall expire two years after the date of its granting, and (2) prior to expiration of an initial or subsequent certification, a moderator or alternate moderator may undergo an abridged recertification process prescribed by the Secretary, and upon successful completion thereof, such certification shall be renewed for two years after the date of such completion. On and after July 1, 2019, (A) any initial certification granted under this subsection shall expire four years after the date of its granting, and (B) prior to expiration of an initial or subsequent certification, a moderator or alternate moderator may undergo an abridged recertification process prescribed by the Secretary, and upon successful completion thereof, such certification shall be renewed for four years after the date of such completion. Only those persons who are certified in accordance with this subsection shall be eligible to serve as moderators on election or primary day, except as provided in subsection (d) of this section or section 9-436 . The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, as the Secretary deems necessary to implement the certification process under this section. (d) If the person designated as moderator is unable to serve for any reason, a certified alternate moderator shall serve as moderator. If such certified alternate moderator is not called upon to serve as moderator, he shall serve in another capacity as an election official on election or primary day. If any town or voting district lacks a moderator due to the death, disability or withdrawal of a certified moderator or alternate moderator, or due to the disqualification of a moderator for any reason, including failure to attend an instructional session as required by this section, the registrars of voters shall appoint a new moderator for such town or voting district in the manner provided in this section. Such new moderator shall attend an instructional session and a certification session conducted in accordance with the provisions of this section. If all such sessions have been conducted at the time of appointment of the new moderator, the new moderator shall receive instruction from the registrars who appointed the new moderator. See Sec. 9-249 re instruction of election officials in use of voting tabulator.

Legislative History

(1949 Rev., S. 1057; 1953, S. 706d; P.A. 81-467, S. 3, 8; P.A. 82-426, S. 5, 14; P.A. 85-274; P.A. 87-472, S. 11; P.A. 93-384, S. 2; P.A. 95-185, S. 1; P.A. 11-20, S. 1; 11-46, S. 1; P.A. 13-21, S. 1; June Sp. Sess. P.A. 15-5, S. 443; P.A. 19-67, S. 1; P.A. 23-5, S. 29; 23-204, S. 183; 23-205, S. 169.) History: P.A. 81-467 required appointment and instruction of alternate moderators, required instruction of moderators and added provisions re certification of moderators and alternates; P.A. 82-426 extended provisions of section to moderators at primaries; P.A. 85-274 amended section to require “successful” completion of instructional session and an examination and to allow electors to attend one or more of such instructional sessions; P.A. 87-472 added provisions re five-year certifications for qualifying moderators and alternate moderators; P.A. 93-384 changed duration of terms for moderators and alternate moderators from three or five years to four years; P.A. 95-185 divided section into Subsecs., changed the conductor of instructional sessions from the Secretary of the State to registrars who volunteer as instructors, established the secretary's and registrars' duties re moderator instruction, and the curriculum for such sessions, required eight certification sessions annually and made technical changes; pursuant to P.A. 11-20, “machine” and “machines” were changed editorially by the Revisors to “tabulator” and “tabulators”, respectively, in Subsecs. (a) and (b), effective May 24, 2011; P.A. 11-46 amended Subsec. (c) by making certification effective for 2, rather than 4, years on or after October 1, 2011, by authorizing Secretary of the State to adopt regulations re certification process and by making technical changes, effective June 13, 2011; P.A. 13-21 amended Subsec. (c) to provide that a person who has been convicted of or pled guilty or nolo contendere to an offense described in Subdivs. (1) and (2) may not be certified as a moderator, effective May 24, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (b) by designating existing provisions as new Subdivs. (1) and (4), deleting provision re certification of moderators and alternate moderators in Subdiv. (1), adding new Subdivs. (2) and (3) re regional election monitors and making conforming changes, and amended Subsec. (c) by adding reference to regional instructional session, replacing provision re certification made on or after October 1, 2011, with provisions re initial certification, abridged certification process and certification renewal and replacing provision re attendance and certification at instructional session with provision re certification in accordance with Subsec., effective January 1, 2016; P.A. 19-67 amended Subsec. (c) to delete Subdiv. (1) and (2) designators, add “Before July 1, 2019”, designate existing provisions re initial certification as Subdiv. (1), designate existing provisions re abridged recertification process as Subdiv. (2), add provisions re certification on and after July 1, 2019, and made technical and conforming changes, effective July 1, 2019; P.A. 23-5 amended Subsec. (a) to add reference to commencement of early voting period, effective July 1, 2023; P.A. 23-204 changed effective date of P.A. 23-5, S. 29, from July 1, 2023, to January 1, 2024, effective June 12, 2023; P.A. 23-205 amended Subsec. (b) by replacing references to contracted regional election monitors with references to appointed regional election advisors, requiring Secretary to coordinate with each regional council of governments that appointed such advisor to hold instructional sessions within such regional council's planning region in Subdiv. (2), deleting former Subdiv. (2)(B) re number of such sessions, redesignating existing Subdiv. (2)(C) as new Subdiv. (2)(B) and making technical changes, effective July 1, 2023. Moderator not liable for decision made in good faith. 76 C. 678; 82 C. 324.