General Assembly Raised Bill No. 5391
February Session, 2016 LCO No. 2004
*02004_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
General Assembly
Raised Bill No. 5391
February Session, 2016
LCO No. 2004
*02004_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING THE HANDLING OF VOTER AFFIDAVITS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) In each primary, election or referendum, when an elector has entered the polling place, the elector shall announce the elector's street address, if any, and the elector's name to the official checker or checkers in a tone sufficiently loud and clear as to enable all the election officials present to hear the same. Each elector who registered to vote by mail for the first time on or after January 1, 2003, and has a "mark" next to the elector's name on the official registry list, as required by section 9-23r, shall present to the official checker or checkers, before the elector votes, either a current and valid photo identification that shows the elector's name and address or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the elector. Each other elector shall (1) present to the official checker or checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (2) on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement that the elector is the elector whose name appears on the official checklist. Such form shall clearly state the penalty of false statement. A separate form shall be used for each elector. If the elector presents a preprinted form of identification under subdivision (1) of this subsection, the official checker or checkers shall check the name of such elector on the official checklist, manually on paper or electronically. If the elector completes the form under subdivision (2) of this subsection, the registrar of voters or the assistant registrar of voters, as the case may be, shall examine the information on such form and either instruct the official checker or checkers to check the name of such elector on the official checklist, manually on paper or electronically, or notify the elector that the form is incomplete or inaccurate.
(b) [In the event that] If an elector is present at the polling place but is unable to gain access to the polling place due to a temporary incapacity, the elector may request that the ballot be brought to him or her. [The registrars of voters or the assistant registrars of voters, as the case may be, shall take such ballot, along with a privacy sleeve to such elector.] The elector shall show identification, in accordance with the provisions of [this section] subsection (a) of this section. If the elector presents a preprinted form of identification under subdivision (1) of subsection (a) of this section, the registrars of voters or the assistant registrars of voters, as the case may be, shall take such ballot, along with a privacy sleeve, to such elector. If the elector completes the form under subdivision (2) of subsection (a) of this section, the registrars of voters or the assistant registrars of voters, as the case may be, shall take a provisional ballot, along with a privacy sleeve, to such elector. The elector shall forthwith mark the ballot in the presence of the election officials in such manner that the election officials shall not know how the ballot is marked. The elector shall place the ballot in the privacy sleeve. The election officials shall mark the elector's name on the official voter list, manually on paper or electronically, as having voted in person and deliver such ballot and privacy sleeve to the voting tabulator where such ballot shall be placed into the tabulator, by the election official, for counting, except that any provisional ballot shall be counted in accordance with sections 9-232i to 9-232o, inclusive. The moderator shall record such activity in the moderator's diary.
(c) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote, pursuant to section 9-431, an unaffiliated elector shall also announce to the separate table of the official checker or checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the official checker or checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors, manually on paper or electronically, provided such choice shall not alter the elector's unaffiliated status.
(d) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote or in which one party is holding a primary in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the official checker or checkers shall give to each elector checked manually on paper or electronically, a receipt provided by the registrars of voters, in a form prescribed by the Secretary of the State, specifying either (1) the party with which the elector is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary the elector has so chosen to vote, and whether the elector is authorized to vote for only a partial ballot.
(e) If not challenged by anyone lawfully present in the polling place, the elector shall be permitted to pass to the separated area to receive the ballot. The elector shall give any receipt the elector has received to a ballot clerk who shall give the elector a ballot to vote only in the primary of the party specified by the receipt, except if the elector completed the form under subdivision (2) of subsection (a) of this section, the ballot clerk shall give the elector a provisional ballot. The elector shall be permitted into the voting booth area, and shall then register his or her vote in secret. Having voted, the elector shall immediately exit the voting booth area and deposit the ballot in the voting tabulator and leave the room, except that any provisional ballot shall be counted in accordance with sections 9-232i to 9-232o, inclusive. No elector shall remain within the voting booth longer than the time necessary to complete the ballot, and, if the elector refuses to leave such booth after completing the ballot, the elector shall at once be removed by the election officials upon order of the moderator. Not more than one elector at a time shall be permitted to be within the enclosed space which the elector occupies while the elector completes his or her ballot, provided an elector may be accompanied within such enclosed space by one or more children who are fifteen years of age or younger and supervised by the elector, if the elector is the parent or legal guardian of such children. If any elector, after entering the voting booth area, asks for further instruction concerning the manner of voting, the election officials shall give such instructions or directions to the elector; but no election official instructing or assisting an elector, except as provided in section 9-264, shall look at the ballot in such a way as to see the elector's markings or in any manner seek to influence any such elector in the casting of the elector's vote.
(f) The Secretary of the State shall establish and implement procedures for auditing, not later than thirty days after each primary, election or referendum, each form completed under subdivision (2) of subsection (a) of this section for accuracy. Not later than thirty days after each such audit, the Secretary shall submit a report of any findings of such audit to the joint standing committee of the General Assembly having cognizance of matters relating to elections in accordance with the provisions of section 11-4a.
Sec. 2. Subdivision (4) of subsection (d) of section 9-23g of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(4) If on the day of an election or primary, the name of an applicant does not appear on the official check list, such applicant may present to the moderator at the polls either a notice of acceptance received through the mail or an application receipt that was previously provided to the applicant pursuant to section 9-19e, subsection (b) of section 9-19h, subsection (b) of this section or section 9-23n. If an applicant presents said notice or receipt, and either the registrars of voters find the original application or the applicant submits a new application at the polls, the registrar, or assistant registrar upon notice to and approval by the registrar, shall add such person's name and address to the official check list on such day and the person shall be allowed to vote if otherwise eligible to vote and the person presents to the checkers at the polling place a preprinted form of identification pursuant to [subparagraph (A) of subdivision (2)] subdivision (1) of subsection (a) of section 9-261, as amended by this act.
Sec. 3. Subsection (b) of section 9-23r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(b) If an individual submits such information pursuant to this section as part of the individual's voter registration application and, with respect to subdivision (3) or (4) of subsection (a) of this section, the registrars of voters are able to match the information submitted with an existing Connecticut identification record bearing the same number, name and date of birth as provided, such individual shall not be required to produce identification when voting in person or by absentee ballot and may sign a statement as described in [subparagraph (B) of] subdivision (2) of subsection (a) of section 9-261, as amended by this act, in lieu of presenting identification when voting in person.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2016 9-261
Sec. 2 July 1, 2016 9-23g(d)(4)
Sec. 3 July 1, 2016 9-23r(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2016
9-261
Sec. 2
July 1, 2016
9-23g(d)(4)
Sec. 3
July 1, 2016
9-23r(b)
Statement of Purpose:
To require that, for any affidavit signed by an elector wishing to vote at any election, primary or referendum without presenting certain forms of identification, (1) the ballot cast by such elector shall be counted as a provisional ballot, and (2) the Secretary of the State shall establish and implement procedures for auditing such affidavits for accuracy not later than thirty days after such election, primary or referendum.
[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.]