2023 Connecticut General Statutes › Title 9 - Elections › Chapter 141 - General Provisions › Section 9-3. - Secretary to be Commissioner of Elections. Presumption re rulings, instructions, opinions and orders. Order to correct irregularity or impropriety.

(a) The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute, the Secretary's regulations, declaratory rulings, instructions and opinions, if in written form, and any order issued under subsection (b) of this section, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title, except for chapters 155 to 158, inclusive, and shall be executed, carried out or implemented, as the case may be, provided nothing in this section shall be construed to alter the right of appeal provided under the provisions of chapter 54. Any such written instruction or opinion shall be labeled as an instruction or opinion issued pursuant to this section, as applicable, and any such instruction or opinion shall cite any authority that is discussed in such instruction or opinion.
(b) During any municipal, state or federal election, primary or recanvass, or any audit conducted pursuant to section 9-320f, the Secretary of the State may issue an order, whether orally or in writing, to any registrar of voters or moderator to correct any irregularity or impropriety in the conduct of such election, primary or recanvass or audit. Any such order shall be effective upon issuance. As soon as practicable after issuance of an oral order pursuant to this subsection, the Secretary shall reduce such order to writing, cite within such order any applicable provision of law authorizing such order and cause a copy of such written order to be delivered to the individual who is the subject of such order or, in the case that such order was originally issued in writing, issue a subsequent written order that conforms to such requirements. The Superior Court, on application of the Secretary or the Attorney General, may enforce by appropriate decree or process any such order issued pursuant to this subsection.
(1953, S. 505d; P.A. 84-319, S. 46, 49; P.A. 15-224, S. 3; June Sp. Sess. P.A. 15-5, S. 445.)
History: P.A. 84-319 established presumption concerning secretary's regulations, rulings, instructions and opinions; P.A. 15-224 changed “chapter 155” to “chapters 155 to 158, inclusive” re exception for presumption of correct interpretation and effectuation, added requirement that regulations, declaratory rulings, instructions and opinions be “executed, carried out or implemented, as the case may be”, and added requirement that Secretary of the State label written instruction or opinion as issued pursuant to section and cite authority discussed therein, effective July 7, 2015; June Sp. Sess. P.A. 15-5 designated existing provisions as Subsec. (a) and amended same by adding reference to order issued under Subsec. (b), and added Subsec. (b) re order to correct irregularity or impropriety issued to registrar of voters or moderator, effective January 1, 2016.
See Sec. 3-87 re publication of election laws.
The Secretary of the State is, by virtue of the office, Commissioner of Elections. 31 CS 447.