General Assembly Raised Bill No. 6333
January Session, 2011 LCO No. 3051
*03051_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 6333
January Session, 2011
LCO No. 3051
*03051_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING PROVISIONAL BALLOTS FOR STATE AND MUNICIPAL ELECTIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-232c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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. 2. Section 9-232i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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 [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. 3. Section 9-232j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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. 4. 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. 5. 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 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. 6. 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, 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. 7. 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 9-232c
Sec. 2 from passage 9-232i
Sec. 3 from passage 9-232j
Sec. 4 from passage 9-232k
Sec. 5 from passage 9-232l
Sec. 6 from passage 9-232n
Sec. 7 from passage 9-236b(e)
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
9-232c
Sec. 2
from passage
9-232i
Sec. 3
from passage
9-232j
Sec. 4
from passage
9-232k
Sec. 5
from passage
9-232l
Sec. 6
from passage
9-232n
Sec. 7
from passage
9-236b(e)
Statement of Purpose:
To authorize the use of provisional ballots for state and municipal elections and primaries and to use provisional ballots in place of challenged ballots.
[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.]