General Assembly Raised Bill No. 5441
February Session, 2010 LCO No. 1917
*01917_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 5441
February Session, 2010
LCO No. 1917
*01917_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING CERTAIN REVISIONS TO ELECTIONS RELATED STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (e) of section 9-23r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) If an individual described in subsection (a) of this section does not submit the identification described in subsection (a) of this section as part of the individual's application for admission as an elector, and if the individual votes by absentee ballot in an election for federal office, the individual shall enclose in the outer absentee ballot envelope, and not in the inner envelope with the ballot: (1) A copy of a current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If an individual does not meet the requirements of this subsection in an election for federal office, such individual's absentee ballot shall be processed in accordance with the provisions of subdivision (2) of subsection (d) of section 9-150a, as amended by this act, and treated as a provisional ballot [for federal office only,] pursuant to sections 9-232i to 9-232o, inclusive, as amended by this act.
Sec. 2. Section 9-35c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Notwithstanding the provisions of sections 9-238, 9-406 and 9-436, as amended by this act, and other provisions of the general statutes, the names of electors on the inactive registry list compiled under section 9-35 shall not be counted for purposes of computing the number of [voting machines required and the number of] petition signatures required. Each elector on such inactive registry list who, in the determination of the registrars, has signed a petition pursuant to the general statutes, giving the same address as appears on the inactive registry list, shall forthwith be placed on the active registry list compiled under said section 9-35. Each such elector shall be counted for purposes of future computations of the number of [voting machines required and the number of] signatures required on future petitions issued for other electoral events. The names of electors on the inactive registry list compiled pursuant to section 9-35 shall not be counted for purposes of computing the minimum percentage of the number of electors required in any charter or special act, if such charter or special act requires approval of a referendum by a minimum percentage of electors qualified on the last-completed registry list or has a similar requirement.
Sec. 3. Section 9-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The list for which provision is made in section 9-35 shall be termed the preliminary registry list and such list shall be [completed, certified by such registrars and deposited in the town clerk's office, at least thirty-one days before the regular election, and shall be on file in such office] available in the office of the registrars of voters for public inspection [until the next preliminary registry list has been completed and filed. In each municipality having a population of more than five thousand, a certified copy of such preliminary registry list for each voting district therein shall be completed, reproduced, certified by the registrars and posted in such municipality for public inspection on or before the Saturday of the fifth week before each regular election,] and copies shall be made available for distribution by the registrars of voters. Whenever the registrars of voters are not in their office, such list shall be placed outside of the office for public inspection. The registrars of voters shall, upon request, give to [a] any candidate for election [to the General Assembly] a copy of the preliminary registry list for each voting district [included in the General Assembly district] for which such person is a candidate.
Sec. 4. Section 9-37 of the general statutes is repealed and the following is substituted in lieu there of (Effective from passage):
[Each registrar shall keep a copy of the preliminary registry list for his use in revision. Such registrars shall give notice in such list of the times and places at which they will hold one or more sessions during the period between the Saturday of the fifth week before the regular election and the Saturday of the fourth week before the regular election, for the revision and correction of such list which, when completed, shall be termed the "final registry list" for such election. In each municipality having a population of more than five thousand, they shall also give notice of such times and places by publication in a newspaper circulating in such municipality and by posting the same on the signpost therein, if any, and at the office of the town clerk at least five days before the first of such sessions. The number of sessions shall be fixed by the registrars of each municipality. The registrars shall also hold sessions, of which no public notice need be given, for the purpose of correcting such preliminary list, and for the purpose of adding to such list the names of persons entitled to be registered thereon, on each day they are in session for the admission of electors pursuant to section 9-17, and they may also hold sessions for revision and correction of the registry list on any other day, except during the period of six days preceding any regular election. On the fourteenth day before a primary, the registrars shall hold an additional session to hear such requests for adding names to the registry list, in accordance with the procedure provided in this section, and the registrars shall publish notice of such sessions in a newspaper having general circulation in such municipality at least five days before such sessions. Nothing in this section shall require that such publication be in the form of a legal advertisement.]
The registrars of voters shall be available before all elections for revisions and corrections of the preliminary list which, when completed, shall be termed "the final registry list" for such election. In each municipality, availability of the registrars of voters shall be the posted office hours in such municipality for the registrars of voters.
Sec. 5. Section 9-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters in all towns shall [, on the second Friday preceding a regular election, deposit in the town clerk's office the final registry list arranged as provided in section 9-35 and certified by them to be correct, and shall retain a sufficient number of copies to be used by them at such election for the purpose of checking the names of those who vote. They shall place on such final list, in the order provided in section 9-35, the names of all persons who have been admitted as electors. In each municipality said registrars shall also cause to be prepared and printed and deposited in the town clerk's office a supplementary or updated list containing the names and addresses of electors to be transferred, restored or added to such list prior to the fourth day before such election, provided in municipalities having a population of less than twenty-five thousand, such additional names may be inserted in writing in such final list. Such final registry list and supplementary or updated list deposited in the town clerk's office shall be on file in such office for public inspection for a period of two years, and any elector may make copies thereof] produce a final registry list arranged in accordance with the provisions of section 9-35 and certified by such registrars of voters to be correct. Such final registry list and a supplementary or updated list that contains the names and addresses of electors to be transferred, restored or added to such list, shall be on file in the municipal clerk's office not later than the day before election day and shall be available in the registrars of voters' office for public inspection. Whenever the registrars of voters are not in their office, such list shall be placed outside of the office for public inspection.
Sec. 6. Section 9-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters of each municipality shall print copies of the final registry list for distribution in such municipality and in all the voting districts located therein. [, provided nothing in sections 9-12 to 9-45, inclusive, shall require the printing of more than one final registry list for any voting district in any one year. With each printing such registrars shall retain at least two copies of such lists and such copies shall be available for public use in the office of the registrars for a period of two years.] The registrars shall, upon request, give to [a] any candidate for election [to the General Assembly] a copy of the final registry list for each voting district [included in the General Assembly district] for which such person is a candidate and shall maintain such list, either on paper or in electronic format, for a period of two years.
Sec. 7. Section 9-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If it appears at any time that the name of an elector who was formerly admitted or registered as an elector in a town and who is a bona fide resident of such town has been omitted from the active registry list compiled under section 9-35 by clerical error, the registrars of voters shall add such name to such list; provided no name shall be added to the active registry list on election day [, under the authority conferred by this section,] without the consent of both registrars of voters.
(b) If it appears at any time that the name of an elector who was formerly admitted or registered as an elector in a town and who is a bona fide resident of such town has been omitted from the active registry list, the registrars of voters shall, upon [a written request] submission of a new application for voter registration signed by the elector under penalties of false statement, [to the registrar stating that such elector is still a bona fide resident of such town and is not an elector of any other town,] add such name to [such] the supplementary list, provided no name shall be added to the active registry list on election day [, pursuant to this section,] without the consent of both registrars of voters.
(c) The registrars of voters shall cause the inactive registry list compiled under section 9-35 to be completed and printed and [deposited in the town clerk's office and] available to the public. The registrars of voters shall provide [a sufficient number of] copies for use in the polling place on election day. If on election day the name of an elector appears on such inactive registry list, including the name of an elector who has not responded to a confirmation of voting residence notice under subsection (e) of section 9-35 and has not voted in two consecutive federal elections, such name shall be added to the [active registry] supplementary list upon [written affirmation] submission of a new application for voter registration signed by the elector, under penalties of false statement, before an election official at the polling place [, that such elector is still a bona fide resident of such town,] and upon the consent of both registrars of voters or assistant registrars of voters, as the case may be, in the polls.
(d) The name of no elector shall be added to the active registry list under the provisions of this section, unless [his] the elector's name [or some name intended for his name] was on the active registry list for at least one of the four years previous. [or on one of the preliminary active registry lists for the year in which the registrars are in session.]
Sec. 8. Section 9-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) As used in this section, the term "municipal office" shall be construed as defined in section 9-372, except that such term shall not include the municipal offices of state senator and state representative.]
[(b)] (a) On the written request of any elector who identifies himself to the satisfaction of the registrars of voters, such registrars shall make any changes in the name of such elector as it appears on the registry list, provided such elector furnishes reasonable evidence to the registrars that the name as changed is a lawful name of such elector. No such change shall be made between the Tuesday of the fifth week before a regular election and the day of such election.
[(c)] (b) No such change in the name of a candidate at a primary shall affect the name of the candidate as it appears on the primary ballot. [unless the elector is a candidate for town committee or municipal office and the change is made not later than the twenty-ninth day preceding the day of the primary.] No such change in the name of a major party candidate at an election shall affect the name of such candidate as it appears on the election ballot. [unless the elector is a candidate for municipal office and the change is made not later than the fifty-fifth day preceding the day of such election.] No such change in the name of a minor party candidate or a nominating petition candidate for any office at an election shall affect the name of such candidate as it appears on the election ballot. [unless the change is made not later than the fifty-fifth day preceding the day of the election.]
Sec. 9. Section 9-50a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters of each town shall [, on a monthly basis,] compile a list of (1) all persons whose names were added, restored, removed or erased from the active and inactive registry lists, [during the preceding month,] (2) all electors who changed either their names or addresses, [during such period] and (3) all persons sent notices required under the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time, and all persons who have replied to such notices. Such list shall include, but not be limited to, each such person's or elector's (A) name, (B) former name, [if changed during such period,] (C) address, [including zip code,] (D) former address, [including zip code, if changed during such period,] (E) voting district, and (F) party affiliation, if any. The registrars shall make each such list available to the public in accordance with the provisions of section 1-210.
Sec. 10. Subsection (d) of section 9-50b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) [After] Not later than sixty days after each election or primary, the registrars of voters shall [promptly] update the state-wide centralized voter registration system and indicate whether the eligible voters on the official registry list for such election or primary voted and, if so, if they voted in person or by absentee ballot.
Sec. 11. Section 9-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The registrars of voters shall cause to be printed at least once during the calendar year [a sufficient number of copies of complete, corrected enrollment lists certified by them as correct, provided a supplementary or updated list shall be printed within one week after a session held on the fourteenth day before a primary] a complete enrollment list and shall make such list available to the public upon request.
(b) If a political party authorizes unaffiliated electors to vote in a primary, under section 9-431, and a notice of primary is published, the registrars shall cause a list of all unaffiliated electors eligible to vote in the primary to be printed [within one week after the session held on the fourteenth day] before such primary. If unaffiliated electors are authorized to vote in only one party's primary and are authorized to vote for all offices to be contested at the primary, the registrars may print the list of unaffiliated electors in combination with such party's enrollment list, indicating party affiliation where applicable.
(c) If the legislative body of the municipality votes to eliminate separate enrollment lists under section 9-54 and:
(1) Notices of primaries are published for two parties to be held on the same day, the registrars of voters shall print complete separate enrollment lists [within one week after the enrollment session held on the fourteenth day before the primary] and, if unaffiliated electors are authorized to vote in the primary, the registrars of voters shall print a separate list of unaffiliated electors as provided in subsection (b) of this section; or
(2) A notice of primary is published for one party in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the registrars of voters shall print a complete separate enrollment list and a separate list of unaffiliated electors as provided in subsection (b) of this section; or
(3) A notice of primary is published for only one party and (A) unaffiliated electors are not authorized to vote, or (B) unaffiliated electors are authorized to vote for all offices to be contested at the primary, a registry list may be used as a checklist at the primary and the registrars of voters shall [, within one week after the session held on the fourteenth day before such primary,] print a supplementary or updated list indicating those electors who have become eligible to vote in the primary since the printing of the registry list.
(d) Whenever a list is required by this section to be printed, [within one week after the session held on the fourteenth day before the primary,] a supplement to such list shall be compiled by the registrars of voters of persons who after such date and prior to twelve o'clock noon of the last business day before the primary become eligible to vote in such primary. The registrars of voters may combine such separate compilation with the foregoing printed list [either by inserting the names in writing or] by reprinting the list or incorporating the supplementary [or updated list into a single printed] list.
(e) The registrars of voters shall [file one copy of each such list with the town clerk which copy shall be] make available for public use such list in the office of the [town clerk] registrars of voters until the printing of the next completed [, corrected] enrollment list; and they shall deliver to the chairman of the town committee of each political party [five] copies of each such list for each voting district in the town. Whenever the registrars of voters are not in their office, such list shall be placed outside of the office for public inspection. Upon request the registrars of voters shall give one complete set of such lists to each candidate for nomination for any office or for election as a town committee member. They shall deliver a sufficient number of copies thereof to the moderator of each primary. [With each printing the registrars shall retain at least six copies of each such list and such copies shall be available for public use in the office of the registrars until the printing of the next complete, corrected enrollment list.] No petition brought under the provisions of section 9-63 shall operate to delay the completion and printing of such lists. If the petition of any elector is granted after any such list has been completed, the [registrar or assistant registrar] registrars of voters or assistant registrars of voters, as the case may be, shall issue to such elector a certificate showing that the elector is entitled to the privileges accompanying enrollment in the political party named in the elector's petition.
Sec. 12. Subsections (e) to (h), inclusive, of section 9-140c of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(e) Ballots received not later than eleven o'clock a.m. on such last day before the election, primary or referendum shall be delivered by the clerk to the registrars not earlier than ten o'clock a.m. and not later than twelve o'clock noon on the day of the election or primary and at twelve o'clock noon on the day of a referendum. [for counting, provided that the registrars may at their discretion direct the clerk to retain for later delivery as many of such ballots as they deem necessary to preserve the secrecy of ballots to be counted at later times as provided in this section.] If central counting has been designated pursuant to section 9-147a, the clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.
(f) Absentee ballots timely received by the clerk after eleven o'clock a.m. of such last day before an election, primary or referendum shall be sorted into voting districts by the clerk and retained by him separately until delivered [at the times provided in this section] to the registrars of voters for checking. [and counting.]
(g) Any or all of such ballots received after eleven o'clock a.m. of such last day before an election, primary or referendum and before six o'clock p.m. on the day of the election, primary or referendum shall, upon request of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m. on the day of the election, primary or referendum for checking. [and counting.]
(h) Absentee ballots received after six o'clock p.m. and any ballots received prior to six which were not delivered earlier shall be delivered to the registrars at the close of the polls for checking. [and counting] Although absentee ballots shall be checked by the registrars of voters at various times throughout the election, primary or referendum day, absentee ballots may be counted at one single time during such day.
Sec. 13. Section 9-150a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) [Not earlier than ten o'clock a.m. and not later than twelve o'clock noon on the day of the election or primary and not earlier than twelve o'clock noon on the day of a referendum the] The absentee ballot counters shall proceed to the polling places for which they have been assigned ballots or to the central counting location at the times designated by the registrars of voters.
(b) At the time each group of ballots is delivered to them pursuant to section 9-140c, as amended by this act, the counters shall perform any checking of such ballots required by subsection (i) of said section and shall then proceed as hereinafter provided.
(c) Except with respect to ballots marked "Rejected" pursuant to said section 9-140c or other applicable law, the counters shall remove the inner envelopes from the outer envelopes, shall note the total number of absentee ballots received and shall report such total to the moderator. They shall similarly note and separately so report the total numbers of presidential ballots and overseas ballots received pursuant to sections 9-158a to 9-158m, inclusive.
(d) (1) If the statement on the inner envelope has not been signed as required by section 9-140a, such inner envelope shall not be opened or the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked "Rejected" and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 9-23r and has not met the requirements of subsection (e) of section 9-23r, as amended by this act, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark "Rejected as an Absentee Ballot" and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot [for federal offices only,] pursuant to sections 9-232i to 9-232o, inclusive, as amended by this act.
(e) The counters shall then remove the absentee ballots from the remaining inner envelopes.
(f) Before the ballots are counted, all opened outer and inner envelopes from which such ballots have been removed, and all outer envelopes marked "Rejected" as required by law, shall be placed and sealed by the counters, separately by voting district, in depository envelopes prescribed by the Secretary of the State and provided by the municipal clerk. The counters shall seal such depository envelopes by wrapping them lengthwise and sideways with nonreusable tape, endorse on each such envelope their names, the voting district and the time of the count, and deliver such envelopes to the moderator.
(g) The counters shall then count such ballots as provided in this section. The moderator shall supervise the counting.
(h) The Secretary of the State shall provide a procedure manual for counting absentee ballots. The manual shall include a description of the steps to be followed in receiving, handling, counting and preserving absentee ballots. Facsimile ballots shall be printed in the manual, illustrating potential variations in ballot markings along with the correct interpretation to be given in each situation illustrated.
(i) (1) Except as otherwise provided in this section the provisions of section 9-265, as amended by this act, shall apply to write-in votes on absentee ballots at elections.
(2) Votes cast by absentee ballot at a primary may be counted only for candidates whose names appear on the ballot [label] on primary day, and no write-in vote shall be counted except as provided in subdivision (3) of this subsection.
(3) If a write-in vote on an absentee ballot is cast for a candidate for any office whose name appears on the ballot [label] for that office on election or primary day, such candidate's name shall be deemed to have been checked on such ballot and, except as otherwise provided in subsection (j) of this section, one vote shall be counted and recorded for such candidate for such office.
(4) Except as otherwise provided in said section 9-265, if the name of a registered write-in candidate for an office is written in for such office on an absentee ballot it shall be deemed validly written in for purposes of subsection (j) of this section.
(j) In the counting of absentee ballots the intent of the voter shall govern, provided the following conclusive presumptions, where applicable, shall prevail in determining such intent:
(1) If the names of more candidates for an office than the voter is entitled to vote for are checked or validly written in, then the vote cast for that office shall be deemed an invalid overvote.
(2) If the name of a candidate who has vacated his candidacy is checked such vote shall not be counted.
(3) On an absentee ballot on which candidates' names are printed, a vote shall be deemed cast only for each candidate whose name is individually checked or validly written in, except as otherwise provided in this subsection. If a party designation is circled, checked, underscored or similarly marked in any manner, or written in, no vote shall be deemed cast or cancelled for any candidate by virtue of such marking or writing.
(k) If the intent of an absentee voter is difficult to ascertain due to uncertain, conflicting or incorrect ballot markings which are not clearly addressed in this section or in the procedure manual for counting absentee ballots provided by the Secretary of the State, the absentee ballot counters shall submit the ballot and their question to the moderator. They shall then count the ballot in accordance with the moderator's decision as to the voter's intent, if such intent is ascertainable. A ballot or part of a ballot on which the intent is determined by the moderator to be not ascertainable, shall not be counted. The moderator shall endorse on the ballot the question and his decision.
(l) No absentee ballot shall be rejected as a marked ballot unless, in the opinion of the moderator, it was marked for the purpose of providing a means of identifying the voter who cast it.
(m) After the absentee ballots have been so counted they shall be placed by the counters, separately by voting district, in depository envelopes prescribed by the Secretary of the State and provided by the municipal clerk. Any notes, worksheets, or other written materials used by the counters in counting such ballots shall be endorsed by them with their names, the date and the time of the count and shall also be placed in such depository envelopes together with the ballots, and with the separate record of the number of votes cast on such ballots for each candidate as required by section 9-150b. Such depository envelopes shall then be sealed, endorsed and delivered to the moderator by the counters in the same manner as provided in subsection (f) of this section.
Sec. 14. Subsections (a) and (b) of section 9-172b of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(a) In each municipality or political subdivision in which a special election or referendum is to be held, the registrars of voters shall prepare a supplementary or updated list of the names and addresses of those persons who acquired voting privileges after the completion of the revised registry list and prior to the day of such special election or referendum. In each such municipality or political subdivision, not later than the day before such special election or referendum, such registrars of voters shall cause to be completed and printed [and deposited in the town clerk's office] such list arranged as provided in section 9-35 and certified by them to be correct, and shall retain a sufficient number of copies to be used by them at such election or referendum for the purpose of checking the names of those who vote, provided the names of any persons who acquired such voting privileges within thirty days before such special election or referendum may be inserted on such printed list in writing.
(b) In the case of a special election or referendum, no person admitted as an elector on the day of the special election or referendum shall be entitled to vote in that election.
Sec. 15. Section 9-190 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Any town divided into two voting districts may, by vote of its legislative body, provide for the election of] On and after January 9, 2013, each municipality shall have two registrars of voters for [each voting district instead of two registrars of voters for the entire town] the entire municipality. Each registrar of voters shall reside in the [town and district] municipality for which [he] the registrar of voters is elected. [Any special act to the contrary notwithstanding] Notwithstanding any special act, for elections held on and after November 6, 2012, in each municipality in which registrars of voters are elected, no elector shall vote for more than one registrar of voters [for the voting district in which the elector resides, or, as the case may be,] for the municipality. [at large.] The candidate having the highest number of votes and the candidate having the next highest number of votes for the office of registrar of voters, who does not belong to the same political party as the candidate having the highest number, shall be declared elected registrars of voters for the municipality, [or district,] provided, if the candidate for registrar of voters of a major party is not one of the registrars so elected, such candidate of such major party shall also be declared elected registrar of voters. For purposes of this section, a major party shall be one having the largest or next largest total number of enrolled party members in the state, as determined by the latest enrollment records in the office of the Secretary of the State submitted in accordance with the provisions of section 9-65. The term of office of all registrars of voters for voting districts in office on [January 7, 1995] January 6, 2011, shall expire on [January 8, 1997, and on November 5, 1996, two registrars shall be elected for each municipality with more than two voting districts which previously elected registrars of voters for voting districts] January 9, 2013.
Sec. 16. Section 9-190a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Any provision of any special act to the contrary notwithstanding, the registrars of voters in each municipality which elects registrars of voters shall be elected at the state election to be held in 1964, and biennially thereafter, to hold office for the term of two years from the Wednesday following the first Monday of the January next succeeding their election until the Wednesday following the first Monday of the third January succeeding their election.]
Notwithstanding any provision of any special act, the term of office for all registrars of voters in office on January 6, 2011, shall expire on January 9, 2013. The office of registrar of voters shall be elected at the state election to be held in 2012 and quadrennially thereafter, to hold office for a term of four years from the Wednesday following the first Monday of January next succeeding their election until the Wednesday following the first Monday of the fifth January succeeding their election.
Sec. 17. Section 9-232c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The moderator shall keep an accurate memorandum of the challenge which shall include (1) the name of the challenged voter; (2) his registry list address; (3) the reason for the challenge; (4) the name and address of the challenger; (5) pertinent facts concerning the challenge; and (6) the result of the moderator's decision. The challenged voter shall also sign such memorandum and it shall be assigned the same number as the [challenged] provisional ballot.
Sec. 18. Section 9-232i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in this section and [sections] section 9-23r, as amended by this act, [and 9-232l,] "election for federal office" means an election for electors of President and Vice-President, an election or primary for United States Senator and an election or primary for Representative in Congress.
Sec. 19. Section 9-232j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The moderator of the election in each voting district shall appear at the office of the [town clerk] registrar of voters not later than eight o'clock p.m. of the day before an election. [for federal office.] At such time, the [town clerk] registrars of voters shall provide a provisional ballot packet to such moderator or moderators. Each packet shall include: (1) The appropriate number of provisional ballots [for federal office provided by the Secretary of the State,] which shall be equal to not less than one per cent of the number of electors who are eligible to vote in the voting district served by the moderator, or such other number as the [municipal clerk and the] registrars of voters agree is sufficient to protect electors' voting rights, (2) the appropriate number of serially-numbered envelopes prescribed by the Secretary, (3) a provisional ballot inventory form, (4) a provisional ballot depository envelope, and (5) other necessary forms prescribed by the Secretary.
Sec. 20. Section 9-232k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Secretary of the State shall prescribe [and provide to town clerks] the provisional ballot which shall be [a] the regular ballot of candidates. [for federal office.] The Secretary may prescribe that the provisional ballot be the [overseas] ballot prepared under section [9-158i] 9-135b.
Sec. 21. Section 9-232l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) An individual may apply for and be issued a provisional ballot if (1) the individual appears at the polling place and declares that such individual is an elector in the town in which the individual desires to vote and that the individual is eligible to vote in the primary or election [for federal office] in the polling place, but the name of the individual does not appear on the official registry list for such polling place, and (2) the registrars determine that such name cannot be restored under section 9-42, as amended by this act, or transferred from another polling place under section 9-35.
(b) If the moderator decides that an elector, whose name appears on the registry list and who has been challenged pursuant to [sections] section 9-232 [to 9-232f, inclusive,] is not eligible to vote in the primary or election, [for federal office,] such elector may apply for and cast a provisional ballot upon the execution of a written affirmation by the elector at the polling place affirming that the elector is qualified to vote in the election or primary [for federal office] in the polling place and has neither offered himself or herself to vote nor voted in person or by absentee ballot at said election or primary [for federal office] at the polling place.
(c) Such application for provisional ballot shall be prescribed by the Secretary of the State, executed before an election official and include a written affirmation, under penalty of false statement in absentee balloting pursuant to section 9-359a, which shall be in the form substantially as follows:
AFFIRMATION: I, the undersigned, do hereby state, under penalties of false statement, that:
1. I am an elector in the town indicated.
2. I am eligible to vote in the election or primary indicated [for federal office] today in the town and polling place indicated.
3.a. My name does not appear on the official list of eligible voters for the polling place indicated, and the polling place officials called the registrars of voters and were told that my name did not appear on the active registry list for this town for at least one of the four years previous or on one of the preliminary active registry lists for this year; or
b. The moderator decided that I am not eligible to vote [for federal office] in the town indicated for the reason of disfranchisement, lack of identity, lack of bona fide residence or failure to present the prescribed identification required for new electors after January 1, 2003, indicated.
4. My residence address is located in the voting district that this polling place serves.
5. I have not voted and I will not vote otherwise than by this ballot in person or by absentee ballot at this election or primary. [for federal office.]
6. I apply for a provisional ballot. [for federal office.]
Sec. 22. Section 9-232n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Immediately after the close of the polls, the moderator shall seal the provisional ballot depository envelope and deliver such envelope to the registrars of voters of the town. The registrars of voters shall forthwith verify the information contained with each provisional ballot. If the registrars of voters determine that the applicant is eligible to vote, they shall note their decision on the outer envelope of the ballot and open and count the provisional ballot in accordance with the provisions of sections 9-232i to 9-232o, inclusive, as amended by this act, and procedures prescribed by the Secretary of the State. If the registrars of voters are unable to determine that the applicant is eligible to vote or determine that the applicant is not eligible to vote, the applicant's provisional ballot sealed envelope shall be marked "rejected", along with the reason for such rejection, and signed by the registrars of voters. The registrars of voters shall verify and count all provisional ballots in their town not later than six days after the election or primary. The registrars of voters shall forthwith prepare and sign in duplicate a report showing the number of provisional ballots received from electors, the number rejected and the number counted, and showing the additional votes counted for each candidate [for federal office] on the provisional ballots. The registrars of voters shall file one report with the town clerk and shall seal one in the depository envelope with the provisional ballots and file such depository envelope with the town clerk. The depository envelope shall be preserved by the town clerk for the period of time required to preserve counted absentee ballots. [for federal elections.] The head moderator shall forthwith file a corrected return [for federal offices] with the town clerk and the Secretary showing (1) the final votes after any recanvass, pursuant to sections 9-311 to 9-311b, inclusive, as amended by this act, the votes on provisional ballots and the totals, and (2) the number of provisional ballots received from electors, the number rejected and the number counted, as reported by the registrars of voters.
Sec. 23. Subsection (e) of section 9-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) For use at elections [for federal office] and primaries, the Secretary of the State shall prescribe and the [municipal clerk] registrars of voters shall provide for all polling places in the municipality: (1) Instructions on how to cast a provisional ballot, (2) instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, (3) general information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and (4) general information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation.
Sec. 24. Section 9-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Such registrars of voters shall give written notice to the chairpersons of the town committees of the political parties of the day and place a [mechanic or mechanics] registrar or registrars will begin the preparation, test voting and sealing of the [machines] tabulators for the election, including any additional [machines] tabulators required under section 9-238. Such notice shall be given at least one day before the work on the preparation of such [machines] tabulators begins.
(b) Each such chairperson and any candidate for an office appearing on the ballot may be present, or may designate a watcher who may be present, during the preparation of such [machines] tabulators, but such chairpersons, candidates and watchers shall not interfere with, or assist in, the preparation of the [machines] tabulators.
(c) After the [mechanic or mechanics] registrar or registrars have prepared the [machines, (1)] tabulators, the registrars of voters, or their designees [, who shall not include any such mechanics, and (2) all mechanics who prepared such machines shall be present together when the machines are tested and sealed] shall test and seal such tabulators for use in the election. The chairpersons of the town committees of the political parties and any candidate for an office appearing on the ballot may also be present, or may designate a watcher who may be present, during the testing and sealing, but such chairpersons, candidates and watchers shall not interfere with the testing or sealing. All such persons who are present for the testing and sealing of the [machines, except the mechanics,] tabulators shall file a written report, as provided in section 9-245, certifying [(A)] (1) to the numbers of the [machines, (B)] tabulators, (2) as to whether all the candidate and question counters are set at zero (000), [(C)] (3) as to the numbers registered on the protective counters, if provided, and the numbers on the seals, [(D)] (4) that the ballot [labels are] is properly [placed on the machines] prepared, and [(E)] (5) that the [machines] tabulators have been test-voted and found to be working properly.
Sec. 25. Section 9-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The [mechanic or mechanics] registrar or registrars shall file a written report of the condition of each [machine] tabulator certifying that (1) they have prepared the [machines] tabulators, (2) all the counters are set at zero (000), (3) [all] the ballot [labels are] is properly placed thereon, (4) the [grouping mechanism] tabulator has been properly adjusted according to the [ballot labels] ballots, and (5) each [machine] tabulator is otherwise in readiness for the election. This report shall include the number of each [machine] tabulator and a statement of any defects or features of the [machine] tabulator that need attention or correction. The [mechanic or mechanics] registrar or registrars shall also place upon each of the [machines] tabulators a numbered [metal] seal, secured in such a way that, before any movement of the registering or voting mechanism can be effected, such seal will be destroyed or broken. All voting [machines] tabulators shall be transferred to the polling places in charge of an elector authorized by the registrars of voters under whose direction the voting [machines] tabulators are to be prepared, as provided in section 9-240a; and such elector shall certify to their delivery in good order. Additional [machines] tabulators required under section 9-238 shall be so located by the registrars of voters as to be available for immediate transfer to the polling places within the municipality. The [mechanic or mechanics] registrar or registrars shall have custody of the keys of the voting [machines only when they are at work on such machines, and immediately thereafter such keys shall be returned to the municipal clerk. The return of such keys shall, in each case, be made before the day of election] tabulators.
(b) The [mechanic or mechanics] registrar or registrars shall file a written report detailing any repairs made to a [machine] tabulator on the day of an election. This report shall certify (1) the number of the [machine] tabulator, (2) the time when the problem occurred, (3) a summary description of the work performed, and (4) that no repairs were made to the [machine] tabulator, after any vote was cast on the day of an election, that would affect the manner in which votes were recorded on the [machine] tabulator.
Sec. 26. Section 9-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The registrars of voters shall, before the day of the election, cause the [mechanic or mechanics to insert on each machine the ballot labels corresponding with the sample diagrams provided and to put each such machine in order in every way and set and adjust the same so that it shall be] test ballots to be inserted in each tabulator to ensure that each tabulator is prepared and ready for use in voting when delivered at the polling place. Such registrars shall cause the [machine] tabulator so [labeled] prepared, in order and set and adjusted, to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, at the room where the election is to be held, not later than six o'clock in the afternoon of the day preceding the election. [Each voting machine shall be furnished with light sufficient to enable electors while voting to read the ballot labels and suitable for use by the election officials in examining the counters. A pencil shall also be provided, within each voting machine, for use in casting a write-in ballot.]
Sec. 27. Section 9-247a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
No candidate, as defined in section 9-601, [or] member of the immediate family, as defined in section 1-79, of a candidate or business entity that a candidate is a member of in any capacity shall transport, prepare, repair or maintain a voting [machine] tabulator. No provision of this section shall prohibit [(1)] a member of the immediate family of a candidate from serving as a moderator. [or (2) a candidate for the office of registrar of voters or a member of the immediate family of such a candidate from serving as a voting machine mechanic.]
Sec. 28. Section 9-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Ballots shall be printed in [black ink, in] plain clear type [,] and on [clear white] material of such size as will fit the tabulator, and shall be furnished by the registrar of voters. The size and style of the type used to print the name of a political party on a ballot shall be identical with the size and style of the type used to print the names of all other political parties appearing on such ballot. The name of each major party candidate for a municipal office, as defined in section 9-372, except for the municipal offices of state senator and state representative, shall appear on the ballot as it appears on the registry list of the candidate's town of voting residence, except as provided in section 9-42a, as amended by this act. The name of each major party candidate for a state or district office, as defined in section 9-372, or for the municipal office of state senator or state representative shall appear on the ballot as it appears on the certificate or statement of consent filed under section 9-388, subsection (b) of section 9-391, or section 9-400 or 9-409. The name of each minor party candidate shall appear on the ballot as it appears on the registry list in accordance with the provisions of section 9-452. The name of each nominating petition candidate shall appear on the ballot as it is verified by the town clerk on the application filed under section 9-453b. The size and style of the type used to print the name of a candidate on a ballot shall be identical with the size and style of the type used to print the names of all other candidates appearing on such ballot. Such ballot shall contain the names of the offices and the names of the candidates arranged thereon. The names of the political parties and party designations shall be arranged on the ballots, either in columns or horizontal rows as set forth in section 9-249a, immediately adjacent to the column or row occupied by the candidate or candidates of such political party or organization. [When two or more candidates are to be elected to the same office, the] The ballot shall be printed in such manner as to indicate [that] how many candidates the elector may vote for, [any two or such other number as he is entitled to vote for,] provided in the case of a town adopting the provisions of section 9-204a, such ballot shall indicate the maximum number of candidates who may be elected to such office from any party. If two or more candidates are to be elected to the same office for different terms, the term for which each is nominated shall be printed on the official ballot as a part of the title of the office. If, at any election, one candidate is to be elected for a full term and another to fill a vacancy, the official ballot containing the names of the candidates in the foregoing order shall, as a part of the title of the office, designate the term which such candidates are severally nominated to fill. No column, under the name of any political party or independent organization, shall be printed on any official ballot, which contains more candidates for any office than the number for which an elector may vote for that office.
Sec. 29. Section 9-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
When a major or minor party is entitled to nominate two or more candidates for a particular office, the order of the names of its candidates for such office appearing on the [voting machine ballot label] ballot shall be determined by the registrars of voters by lot in a ceremony which shall be open to the public, except as hereinafter provided. When such a candidate is nominated for the same office by more than one party, his name shall appear on each appropriate row on the [voting machine ballot label in the same column in which it appears under the foregoing provision in either (1) the party row of the party with which he is enrolled, or (2) the first party row on which his name is to appear if such candidate is an unaffiliated elector] ballot in the order that such candidate's name was drawn for each political party. The registrars of voters shall provide at least five days' public notice for each ceremony held under this section. The ballot order of nominating petition candidates for multiple-opening offices shall be as prescribed in section 9-453r.
Sec. 30. Section 9-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each municipal clerk shall, not later than the one hundred eightieth day prior to the day of any regular municipal election, file with the Secretary of the State, on a form approved by said secretary, a list of the offices to be filled at such election and the terms thereof and the number of candidates for which each elector may vote. Said secretary shall, within seventy days from the date of receipt of such list, return a copy of such list to the municipal clerk. Each municipal clerk shall, within ten days after the receipt of the returned list, mail a copy thereof to the chairman of the town committee of each major political party within the municipality.
Sec. 31. Section 9-258 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For municipalities with more than one voting district, the election officials of each polling place [, including voting tabulator technicians,] shall be electors of the state and shall consist of one moderator, at least one but not more than two official checkers, two assistant registrars of voters of opposite political parties, each of whom shall be residents of the town, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, and at least one and not more than two ballot clerks and at least one but not more than two voting tabulator tenders for each voting tabulator in use at the polling place. A known candidate for any office shall not serve as an election official on election day or serve at the polls in any capacity, except that a municipal clerk or a registrar of voters, who is a candidate for the same office, may perform his or her official duties. If, in the opinion of the registrar of voters, the public convenience of the electors in any voting district so requires, provision shall be made for an additional line or lines of electors at the polling place and, if more than one line of electors is established, at least one but not more than two additional official checkers and at least one but not more than two ballot clerks for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional machine so used. Head moderators, central counting moderators [,] and absentee ballot counters [and voting tabulator technicians] appointed pursuant to law shall also be deemed election officials.
(b) For municipalities with one voting district, the election officials of such polling place [, except voting tabulator technicians,] shall be electors of the [town] state and shall consist of [: One] one moderator, at least one, but not more than two official checkers, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, at least one and not more than two voting tabulator tenders for each voting tabulator in use at the polling place and at least one but not more than two ballot clerks. Additionally, such election officials may consist of two registrars of voters of opposite political parties, or two assistant registrars of voters of opposite political parties, as the case may be, subject to the requirements of sections 9-259 and 9-439, [who shall: (1) Be available by telephone and notify all registrars of voters' offices in the state of such telephone number, (2) be connected to the state-wide computerized registry list, and (3) have all voter card files in the polling place for reference] provided, if the registrars of voters are present in the polling place, they shall appoint at least one designee to be present in their office. A known candidate for any office shall not serve as an election official on election day or serve at the polls in any capacity, except that a municipal clerk or a registrar of voters, who is a candidate for the same office, may perform his or her official duties. If, in the opinion of the registrar of voters, the public convenience of the electors in any voting district so requires, provision shall be made for an additional line or lines of electors at the polling place and, if more than one line of electors is established, at least one, but not more than two, additional official checkers for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional tabulator so used. Head moderators, central counting moderators [,] and absentee ballot counters [and voting tabulator technicians] appointed pursuant to law shall be deemed to be election officials.
(c) No election official shall perform services for any party or candidate on election day nor appear at any political party headquarters prior to eight o'clock p.m. on election day.
Sec. 32. Section 9-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
A [metal] demonstrator [machine or spare voting machine] device shall be provided inside the polling place for the instruction of electors. [Any such spare voting machine shall not be used for voting and shall be provided in addition to any additional voting machines required pursuant to section 9-238.] Any such demonstrator [machine shall represent at least five office columns of the two upper rows on the voting machine. Such demonstrator or spare voting machine shall contain, in each space provided for the name of a party, the designation "name of party", in each space provided for the name of a candidate, the designation "name of candidate", in each space provided for the name of an office, the designation, "office", and in each space provided for a question, the designation, "Question-Statement of Question-Yes-No". A spare voting machine provided for the purposes of this section shall contain, in the upper left-hand corner, directly opposite the write-in slides, the designation "write-in slides". The party levers on such demonstrator or spare voting machine shall be covered. At a primary, each space provided for a question shall be left blank] device shall instruct electors on the proper method to cast their vote, including the proper method to cast a write-in vote using the voting equipment located in each polling place. Upon request by any elector who desires instruction after he has entered the polling place and prior to casting his vote, two election officials of different political parties jointly shall instruct such elector on the demonstrator [or spare voting machine by causing such elector himself to operate the parts of such demonstrator or spare voting machine] device.
Sec. 33. Section 9-265 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) A write-in vote for an office, cast for a person who has registered as a write-in candidate for the office pursuant to subsection (b) of section 9-175 or section 9-373a, shall be counted and recorded. Except as otherwise provided in this section, a write-in vote cast for a person who has not registered shall not be counted or recorded.
(b) Except as otherwise provided in this section, in the case of an office for which an elector may vote for only one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall be counted and recorded. In the case of an office for which an elector may vote for more than one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall [not] be counted [or] and recorded if it can be determined which candidate such vote should be attributed to.
(c) A write-in vote for the office of Governor or Lieutenant Governor, cast for a person nominated for either of those offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.
(d) Except as hereinafter provided, a write-in vote for the office of President or Vice-President cast for a person nominated for such office by a major or minor party or by nominating petition shall be counted and recorded and deemed to be a vote for each of the duly-nominated candidates for the office of presidential elector represented by such candidate for President or Vice-President. A write-in vote for the office of President or Vice-President, cast for a person nominated for either of such offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.
(e) If the name of a person is written in for the office of Governor or Lieutenant Governor, or President or Vice-President, as the case may be, and no name is written in for the other office, such write-in vote shall be counted and recorded if it meets the other requirements of this section.
(f) A write-in vote shall be cast in its appropriate place on the ballot. A write-in vote for Governor and Lieutenant Governor, or for President and Vice-President, as the case may be, shall be written in a single space, provided that if only one name is written in the space it shall be deemed to be a vote for Governor, or for President, as the case may be, unless otherwise indicated. A write-in vote shall be written upon the ballot.
(g) A write-in vote which is not cast as provided in this section shall not be counted or recorded.
Sec. 34. Section 9-272 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
If, owing to the number of candidates to be voted upon, [or] owing to inability to obtain a sufficient number of voting tabulators [,] or, if it is found impracticable to use voting tabulators at any election, primary or referenda to be held in any municipality, or in one or more of the voting districts therein, the registrars of voters may discontinue the use of such tabulators for such election in any of the voting districts therein, and shall thereupon cause ballots to be procured and used at such election, [as provided by this part,] primary or referenda in each of the voting districts wherein the use of voting tabulators has been so discontinued. The procedures for securing and counting the paper ballots described in this section shall comply as nearly as may be, in the manner prescribed by the Secretary of the State, to the counting of absentee ballots.
Sec. 35. Section 9-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If, within three days after an election, it appears to the moderator that there is a discrepancy in the returns of any voting district, such moderator shall forthwith within said period summon, by written notice delivered personally, the recanvass officials, consisting of [the mechanic or mechanics,] at least two checkers of different political parties and at least two absentee ballot counters of different political parties who served at such election, and the registrars of voters [and the clerk] of the municipality in which the election was held and such other officials as may be required to conduct such recanvass. Such written notice shall require [such] the clerk or registrars of voters, as the case may be, to bring with [him] them the depository envelopes required by section 9-150a, as amended by this act, the package of write-in ballots provided for in section 9-310, the absentee ballot applications, the list of absentee ballot applications, the registry list and the moderators' returns and shall require such recanvass officials to meet at a specified time not later than the fifth business day after such election to recanvass the returns of a voting [machine] tabulator or voting [machines] tabulators or absentee ballots or write-in ballots used in such district in such election. If any of such recanvass officials are unavailable at the time of the recanvass, the registrar of voters of the same political party as that of the recanvass official unable to attend shall designate another elector having previous training and experience in the conduct of elections to take his place. Before such recanvass is made, such moderator shall give notice, in writing, to the chairman of the town committee of each political party which nominated candidates for the election, and, in the case of a state election, not later than twenty-four hours after a determination is made regarding the need for a recanvass to the Secretary of the State, of the time and place where such recanvass is to be made; and each such chairman may send [two] representatives to be present at such recanvass. Such representatives may observe, but no one other than a recanvass official may take part in the recanvass. If any irregularity in the recanvass procedure is noted by such a representative, he shall be permitted to present evidence of such irregularity in any contest relating to the election.
(b) The moderator shall determine the place or places where the recanvass shall be conducted and, if such recanvass is held before the [machines] tabulators are boxed and collected in the manner required by section 9-266, the moderator may either require that such recanvass of such [machines] tabulators be conducted in each place where the [machines] tabulators are located, or he may require that they be removed to one central place, where such recanvass shall be conducted. All recanvassing procedures shall be open to public observation. Such recanvass officials shall, in the presence of such moderator and [clerk] registrars of voters, make a record of the number on the seal and the number on the protective counter, if one is provided, on each voting machine specified by such moderator. Such [clerk] registrars of voters in the presence of such moderator shall turn over the keys of each such [machine] tabulator to such recanvass officials, and such recanvass officials, in the presence of such [clerk] registrars of voters and moderator, shall immediately proceed to [open the counter compartment of each such machine and, without unlocking such machine against voting,] recanvass the vote cast thereon, and shall then open the package of absentee ballots and recanvass the vote cast thereon. In the course of the recanvass of the absentee ballot vote the recanvass officials shall check all outer envelopes for absentee ballots against the inner envelopes for such ballots and against the registry list to verify postmarks, addresses and registry list markings and also to determine whether the number of envelopes from which absentee ballots have been removed is the same as the number of persons checked as having voted by absentee ballot. The write-in ballots shall also be recanvassed at this time. All of the recanvass officials shall use the same forms for tallies and returns as were used at the original canvass and the absentee ballot counters shall also sign the tallies.
(c) The votes shall be announced and recorded in the manner prescribed in section 9-309 on return forms provided by the [municipal clerk] registrars of voters and appended thereto shall be a statement signed by the moderator indicating the time and place of the recanvass and the names, addresses, titles and party affiliations of the recanvass officials. The write-in ballots shall be replaced in a properly secured sealed package. Upon the completion of such recanvass, [such machine] any tabulator used in such recanvass shall be locked and sealed, the keys thereof shall immediately be returned to such [clerk] registrars of voters and such [machine] tabulator shall remain so locked until the expiration of fourteen days after such election or for such longer period as is ordered by a court of competent jurisdiction. The absentee ballots shall be replaced in their wrappers and be resealed by the moderator in the presence of the recanvass officials. Upon the completion of such recanvass, such moderator and at least two of the recanvass officials of different political parties shall forthwith prepare and sign such return forms which shall contain a written statement giving the result of such recanvass for each [machine] tabulator and each package of absentee ballots whose returns were so recanvassed, setting forth whether or not the original canvass was correctly made and stating whether or not the discrepancy still remains unaccounted for. Such return forms containing such statement shall forthwith be filed by the moderator in the office of such clerk. If such recanvass reveals that the original canvass of returns was not correctly made, such return forms containing such statement so filed with the clerk shall constitute a corrected return. In the case of a state election, a recanvass return shall be made in duplicate on a form prescribed and provided by the Secretary of the State, and the moderator shall file one copy with the Secretary of the State and one copy with the town clerk not later than ten days after the election. Such recanvass return shall be substituted for the original return and shall have the same force and effect as an original return.
(d) As used in this section, (1) "moderator" means, in the case of municipalities not divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) "registrars of voters", in a municipality where there are different registrars of voters for different voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purpose of declaring the result of the vote of the whole municipality was moderator.
Sec. 36. Subsections (b) and (c) of section 9-369a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(b) When the clerk of the municipality determines that the necessary action has been taken for submission of the question, he shall, at least forty-five days prior to the election, file in the office of the Secretary of the State a statement setting forth the designation of the question as it is to appear on the [voting machine ballot labels] ballot at the election, the date upon which the submitting action was taken and the reference to the law under which the action was taken. Such designation shall be in the form of a question, as provided in section 9-369. Whenever it is specifically provided in the general statutes that any such question may be approved for such submission within the period of forty-five days prior to such an election, and action is taken to submit a question within such period, the clerk of the municipality shall file the statement required by this subsection with the Secretary of the State immediately upon the taking of such action.
(c) When action is taken for submission of a question, from the time of such action through the day of the election, the clerk of the municipality shall make the full text of the question and the designation which is to appear upon the [voting machine ballot labels] ballot available for public inspection. If the designation is not prescribed by law, the clerk shall phrase the designation of the question in a form suitable for printing on the ballot. [label.] The warning of the election shall include a statement that the question is to be voted upon, the designation of the question to appear on the ballot [labels,] and a statement that the full text of the question is available for public inspection in the clerk's office.
Sec. 37. Section 9-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except as provided in sections 9-418 and 9-419, if in any municipality, within the time specified in section 9-405, a candidacy for nomination by a political party to any municipal office or for election as a town committee member is filed with the registrar, in conformity with the provisions of sections 9-405 to 9-412, inclusive, and section 9-414, by or on behalf of any person other than party-endorsed candidates, the registrar shall forthwith after the deadline for certification of party-endorsed candidates notify the clerk of such municipality that a primary is to be held by such party for the nomination of such party to such office or for the election by such party of town committee members, as the case may be. Such notice shall include a list of all the proposed candidates, those endorsed as well as those filing candidacies, together with their addresses and the titles of the offices or positions for which they are candidates. In the case of a primary for justices of the peace, such notice shall also contain the complete ballot label designation of each slate pursuant to subsection (h) of section 9-437. The clerk of the municipality shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such municipality, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls. [, and shall send a copy of such notice to the Secretary of the State and record the same.] The clerk of the municipality shall also file such notice with the Secretary of the State not later than three business days after receipt of such notice from the registrar of voters. The clerk shall forthwith publish any change in the proposed candidates, listing such changes.
Sec. 38. Section 9-436 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Voting [machines] tabulators shall be used at each primary, provided, (1) if, because of the number of offices and positions to be voted upon at a primary, there is an insufficient number of vertical columns on any [machine] ballot to be used in a municipality, the vote in such municipality at such primary for such offices or positions as the Secretary of the State determines shall be taken by paper ballots, and (2) if, because of the number of candidates for any office or position to be voted upon at a primary, there is an insufficient number of horizontal rows with respect to such office or position on any [machine] ballot to be used in the municipality, the vote in such municipality at such primary for such office or position shall be taken by paper ballots. More than one voting [machine] tabulator may be used in any voting district if the registrar so prescribes. The registrar shall furnish a number of voting [machines] booths sufficient to provide a voting [machine] booth for each [twenty-four] five hundred or fraction of [twenty-four] five hundred electors eligible to vote at such primary in the municipality or voting district, as the case may be, and other necessary equipment. In each polling place in which a party has authorized unaffiliated electors, pursuant to section 9-431, to vote for some but not all offices to be contested at the primary, a separate voting [machine] tabulator shall be used for such unaffiliated electors and the registrar shall separately furnish one voting [machine] booth for each [twenty-four] five hundred or fraction of [twenty-four] five hundred enrolled party members and one voting [machine] booth for each [twenty-four] five hundred or fraction of [twenty-four] five hundred unaffiliated electors authorized to vote at such primary in such district. In determining such number of electors, enrolled party members or unaffiliated electors, the registrar shall not count the names on the enrollment or registry lists of seventy-five per cent of such electors, unaffiliated electors or enrolled party members who reside in institutions, as defined in section 9-159q. The registrar may provide more than the minimum number of voting [machines] booths required by this section.
[(b) The registrar shall appoint a suitable mechanic or mechanics to prepare, adjust and place the voting machines for use at the primary under the direction of the registrar. A voting machine mechanic shall be deemed a primary official but need not be an elector of any town.]
[(c)] (b) Each [machine] tabulator shall be so arranged that the elector may vote for as many persons for nomination or election to each office or position as there are persons to be nominated or elected, as the case may be, and no more, and so that the elector may vote for individual candidates; provided the vote for justices of the peace shall be by slate, as provided in section 9-443.
[(d)] (c) The registrar shall appoint from among the enrolled party members in the municipality or political subdivision holding the primary, as the case may be, to serve in each polling place, the primary polling place officials, who shall consist of one moderator, at least one, but not more than two official checkers, not more than two challengers if he deems it necessary, and at least one and not more than two ballot clerks and at least one but not more than two voting [machine] tabulator tenders for each [machine] tabulator in use at such primary and, in towns with two or more voting districts at least one and not more than two assistant registrars, provided (1) in the case of a political subdivision holding a primary, if no enrolled party member who resides in the political subdivision and who is a certified moderator consents to serve as a moderator, the registrar may appoint any enrolled party member who resides in the municipality and is a certified moderator to be moderator, (2) in the case of either a municipality or a political subdivision holding a primary, if no enrolled party member can be found or no such person consents to serve as a moderator, the registrar may appoint any elector who resides in the municipality and is a certified moderator to be moderator, (3) in the case of a political subdivision holding a primary, if an insufficient number of enrolled party members who reside in the political subdivision consent to serve as checkers, challengers, voting machine tenders or assistant registrars, the registrar may appoint any enrolled party member who resides in the municipality to be a checker, challenger, voting [machine] tabulator tender or assistant registrar, and (4) in the case of either a municipality or a political subdivision holding a primary, if a sufficient number of enrolled party members cannot be found or do not consent to serve in a position described in subdivision (3) of this subsection, the registrar may appoint any elector who resides in the municipality to any such position. If unaffiliated electors are authorized under section 9-431 to vote for some but not all of the offices to be contested at the primary, the registrar shall appoint two additional checkers to check the list of unaffiliated electors who are authorized to vote on the separate [machines] tabulators. If unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties in the same polling place, whether for some or for all offices to be contested at the primary, each such registrar shall appoint two additional checkers to check the list of unaffiliated electors who are authorized to vote in either such primary.
[(e)] (d) The registrar shall designate one of the moderators so appointed by the registrar to be head moderator or shall appoint as head moderator an elector who is not also moderator of a polling place and who shall be deemed a primary official. The registrar may also appoint a deputy head moderator to assist the head moderator in the performance of his duties. A deputy head moderator shall also be deemed to be a primary official. Each registrar's appointments of primary polling place officials, except moderators of polling places, and of designees to conduct supervised voting of absentee ballots pursuant to sections 9-159q and 9-159r shall be divided equally, as nearly as may be, between designees of the party-endorsed candidates and designees of one or more of the contestants, provided, if a party-endorsed candidate is a member of a party other than the one holding the primary, such primary officials [, except voting machine mechanics,] shall be enrolled party members of the party holding the primary. Names of designees and alternate designees for such positions shall be submitted in writing by party-endorsed candidates and contestants to the registrar not later than ten days before the primary, except that names of designees and alternate designees for the position of moderator shall be so submitted not later than twenty-one days before the primary and, if such lists are not so presented, all such appointments shall be made by the registrar but in the above-mentioned proportion. The registrar shall notify all such candidates and contestants of their right to submit a list of designees under this section. Notwithstanding any other provision of this section, the registrar shall appoint as moderators only persons who are certified to serve as moderators or alternate moderators pursuant to section 9-229, unless there is an insufficient number of such persons who are enrolled members of the registrar's party in the municipality or political subdivision holding the primary, in which case the registrar may appoint a new moderator in accordance with section 9-229, but only to the extent of such insufficiency. Primary central counting moderators and absentee ballot counters shall also be deemed primary officials. No primary official shall perform services for any candidate at the primary on primary day.
[(f)] (e) If paper ballots are required for the vote on any office or position in a municipality, in consultation with the registrars of voters, the clerk of the municipality shall print a paper ballot for use in such primary for nomination to such office or election to such position. The Secretary of the State shall prescribe the form of such paper ballot. The Secretary of the State may prescribe general rules for the use of paper ballots in any primary, including the duties of officials at the polls with regard to the same, the marking of the same and the counting of the same. The procedure to be followed when paper ballots are so used shall conform, as nearly as may be, to the procedure applicable to voting [machines] tabulators provided in this chapter and to the law governing the use of paper ballots in regular elections and such rules shall have the force and effect of law. Chapter 54 shall not apply to rules made pursuant to this section.
[(g)] (f) The provisions of section 9-258, as amended by this act, concerning additional lines of electors at a polling place, and of section 9-258a concerning two shifts of officials at a polling place, shall apply to a primary. Except as otherwise provided in this chapter, the provisions of the general statutes relating to the use of voting [machines] tabulators at regular elections shall apply as nearly as may be to the use of voting [machines] tabulators at primaries.
Sec. 39. Subsection (b) of section 9-453o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Except as otherwise provided in this subsection, the Secretary of the State shall approve every nominating petition which contains sufficient signatures counted and certified on approved pages by the town clerks. In the case of a candidate who petitions under a reserved party designation the secretary shall approve the petition only if it meets the signature requirement and if a statement endorsing such candidate is filed with the secretary by the party designation committee not later than four o'clock p.m. on the [fifty-fifth] sixty-second day before the election. In the case of a candidate who petitions under a party designation which is the same as the name of a minor party the secretary shall approve the petition only if it meets the signature requirement and if a statement endorsing such candidate is filed in the office of the secretary by the chairman or secretary of such minor party not later than four o'clock p.m. on the [fifty-fifth] sixty-second day before the election. No candidate shall be qualified to appear on any ballot by nominating petition unless the candidate's petition is approved by the secretary pursuant to this subsection.
Sec. 40. Section 9-461 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Not later than the seventh day following the date set for the primary for nomination at any election at which a municipal office is to be filled, the clerk of the municipality in which such election is to be held shall file with the Secretary of the State a list of the candidates of each party for the municipal offices to be filled at such election nominated in accordance with the provisions of this chapter. Such list shall be on a form provided by the Secretary of the State and shall indicate the name and address of each candidate and the office and term for which each candidate has been nominated, and, except for major party candidates for the municipal offices of state senator or state representative, shall contain the certification of such municipal clerk that [he] the clerk has compared the name of each such candidate with the candidate's name as [it appears on the registry list] the candidate has authorized, on the certificate or statement of consent filed under subsection (c) of section 9-391 or section 9-409, the candidate's name to appear, and has verified and corrected the same. In the case of major party candidates for the municipal offices of state senator or state representative, such list shall contain the certification of the [town] municipal clerk that [he] the clerk has compared the name of each such candidate with the candidate's name as the candidate has authorized, on the certificate or statement of consent filed under subsection (b) of section 9-391 or section 9-409, [his] the candidate's name to appear, and has verified and corrected the same. Such list shall include a statement of the total number of candidates for which each elector may vote for each office and term at such election as set forth in the list or amendment or supplement thereto filed with the Secretary of the State under section 9-254, as amended by this act. After the filing of such list of candidates, the clerk of the municipality shall forthwith notify the Secretary of the State of any errors in such list or of any changes in such list provided for in section 9-329a or 9-460.
Sec. 41. (NEW) (Effective from passage) The Secretary of the State, or the secretary's designee, shall be allowed access to each polling place within the state during any municipal, state or federal election or primary for the purpose of reviewing each polling place for compliance with state and federal law. In the event that the Secretary of the State's name appears on the ballot at any such election, a designee of the Secretary of the State shall be allowed such access in lieu of the Secretary of the State.
Sec. 42. (NEW) (Effective from passage) The registrar of voters of each municipality shall, not later than thirty-one days prior to each municipal, state or federal election or primary, notify the Secretary of the State of the polling places that will be used for such election or primary. Such notice shall detail the name, address and corresponding federal, state and municipal districts associated with each polling place used for such election or primary.
Sec. 43. (NEW) (Effective from passage) The registrars of voters shall either ensure that each ballot clerk offer every elector a privacy sleeve into which the ballot can be inserted and fully shielded from view or, in the alternative, place such privacy sleeve in every voting booth for the elector's use. No elector shall be required to accept a privacy sleeve.
Sec. 44. Subsection (a) of section 9-241 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any person owning or holding an interest in any voting machine, as defined in subsection (w) of section 9-1, may apply to the Secretary of the State to examine such machine and report on its accuracy and efficiency. The Secretary of the State shall examine the machine and determine whether, in the Secretary's opinion, the kind of machine so examined (1) meets the requirements of section 9-242, and (2) can be used at elections, primaries and referenda held pursuant to this title. [, and (3) in the case of an electronic voting machine examined by the Secretary after the Voting Technology Standards Board submits the report required under section 9-242c, complies with the standards adopted by said board under section 9-242c.] If the Secretary of the State determines that the machine can be so used, such machine may be adopted for such use. No machine not so approved shall be so used. Each application shall be accompanied by a fee of one hundred dollars and the Secretary of the State shall not approve any machine until such fee and the expenses incurred by the Secretary in making the examination have been paid by the person making such application. Any voting machine company that has had its voting machine approved and that subsequently alters such machine in any way shall provide the Secretary of the State with notice of such alterations, including a description thereof and a statement of the purpose of such alterations. If any such alterations appear to materially affect the accuracy, appearance or efficiency of the machine, or modify the machine so that it can no longer be used at elections, primaries or referenda held pursuant to this title, at the discretion of the Secretary of the State, the company shall submit such alterations for inspection and approval, at its own expense, before such altered machines may be used. The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, concerning examination and approval of voting machines under this section. No voting machine that records votes by means of holes punched in designated voting response locations may be approved or used at any election, primary or referendum held pursuant to this title.
Sec. 45. Sections 9-191, 9-232d to 9-232f, inclusive, 9-242c and 9-229a of the general statutes are repealed. (Effective from passage)
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 9-23r(e)
Sec. 2 from passage 9-35c
Sec. 3 from passage 9-36
Sec. 4 from passage 9-37
Sec. 5 from passage 9-38
Sec. 6 from passage 9-39
Sec. 7 from passage 9-42
Sec. 8 from passage 9-42a
Sec. 9 from passage 9-50a
Sec. 10 from passage 9-50b(d)
Sec. 11 from passage 9-55
Sec. 12 from passage 9-140c(e) to (h)
Sec. 13 from passage 9-150a
Sec. 14 from passage 9-172b(a) and (b)
Sec. 15 from passage 9-190
Sec. 16 from passage 9-190a
Sec. 17 from passage 9-232c
Sec. 18 from passage 9-232i
Sec. 19 from passage 9-232j
Sec. 20 from passage 9-232k
Sec. 21 from passage 9-232l
Sec. 22 from passage 9-232n
Sec. 23 from passage 9-236b(e)
Sec. 24 from passage 9-244
Sec. 25 from passage 9-246
Sec. 26 from passage 9-247
Sec. 27 from passage 9-247a
Sec. 28 from passage 9-250
Sec. 29 from passage 9-253
Sec. 30 from passage 9-254
Sec. 31 from passage 9-258
Sec. 32 from passage 9-260
Sec. 33 from passage 9-265
Sec. 34 from passage 9-272
Sec. 35 from passage 9-311
Sec. 36 from passage 9-369a(b) and (c)
Sec. 37 from passage 9-435
Sec. 38 from passage 9-436
Sec. 39 from passage 9-453o(b)
Sec. 40 from passage 9-461
Sec. 41 from passage New section
Sec. 42 from passage New section
Sec. 43 from passage New section
Sec. 44 from passage 9-241(a)
Sec. 45 from passage Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
9-23r(e)
Sec. 2
from passage
9-35c
Sec. 3
from passage
9-36
Sec. 4
from passage
9-37
Sec. 5
from passage
9-38
Sec. 6
from passage
9-39
Sec. 7
from passage
9-42
Sec. 8
from passage
9-42a
Sec. 9
from passage
9-50a
Sec. 10
from passage
9-50b(d)
Sec. 11
from passage
9-55
Sec. 12
from passage
9-140c(e) to (h)
Sec. 13
from passage
9-150a
Sec. 14
from passage
9-172b(a) and (b)
Sec. 15
from passage
9-190
Sec. 16
from passage
9-190a
Sec. 17
from passage
9-232c
Sec. 18
from passage
9-232i
Sec. 19
from passage
9-232j
Sec. 20
from passage
9-232k
Sec. 21
from passage
9-232l
Sec. 22
from passage
9-232n
Sec. 23
from passage
9-236b(e)
Sec. 24
from passage
9-244
Sec. 25
from passage
9-246
Sec. 26
from passage
9-247
Sec. 27
from passage
9-247a
Sec. 28
from passage
9-250
Sec. 29
from passage
9-253
Sec. 30
from passage
9-254
Sec. 31
from passage
9-258
Sec. 32
from passage
9-260
Sec. 33
from passage
9-265
Sec. 34
from passage
9-272
Sec. 35
from passage
9-311
Sec. 36
from passage
9-369a(b) and (c)
Sec. 37
from passage
9-435
Sec. 38
from passage
9-436
Sec. 39
from passage
9-453o(b)
Sec. 40
from passage
9-461
Sec. 41
from passage
New section
Sec. 42
from passage
New section
Sec. 43
from passage
New section
Sec. 44
from passage
9-241(a)
Sec. 45
from passage
Repealer section
Statement of Purpose:
To make certain revisions to elections related statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]