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General Assembly Committee Bill No. 5816
January Session, 2019
LCO No. 6373
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING ABSENTEE BALLOTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-137 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Each absentee ballot shall be returned to the municipal clerk, 3
inserted in an [inner] envelope which shall be capable of being sealed 4
and which shall have printed on its face: 5
(1) A form containing the following statements: 6
"I hereby state under the penalties of false statement in absentee 7
balloting that I am eligible to vote at the primary, election or 8
referendum in the municipality in which this absentee ballot is to be 9
cast and that I expect to be unable to appear at my polling place during 10
the hours of voting at such primary, election or referendum for one or 11
more of the following reasons: [(1)] (A) My active service in the armed 12
forces; [(2)] (B) my absence from the town in which I am eligible to 13
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vote during all of the hours of voting; [(3)] (C) my illness or physical 14
disability; [(4)] (D) the tenets of my religion which forbid secular 15
activity on the day of the primary, election or referendum; or [(5)] (E) 16
my duties as a primary, election or referendum official. 17
Date .... 18
.... (Signature)"; 19
(2) An endorsement with the words "OFFICIAL ABSENTEE 20
BALLOT"; 21
(3) Blank spaces for the name, voting residence by street and 22
number, voting district, the date of the primary, election or 23
referendum at which the ballot is to be cast and, if the absentee ballot 24
is to be cast at a primary, the name of the party holding the primary; 25
and 26
(4) A notice, sufficient to warn any person handling the ballot, of the 27
restrictions set forth in section 9-140b, as amended by this act, 28
concerning who may possess or return the ballot and the restrictions 29
and penalties set forth in section 9-359 concerning the completion or 30
execution of absentee ballots. 31
(b) The clerk shall inscribe such clerk's official address for the return 32
of the ballot on such envelope prior to issuance of the ballot and 33
envelope. Such envelope shall be serially numbered. 34
Sec. 2. Subsection (a) of section 9-139a of the general statutes is 35
repealed and the following is substituted in lieu thereof (Effective from 36
passage): 37
(a) The Secretary of the State shall prescribe and furnish the 38
following materials to municipal clerks: The absentee ballot facsimile, 39
the application for absentee ballot, the [inner envelope, the outer] 40
envelope provided for the return of the ballot to the municipal clerk, 41
the instructions for the use of the absentee ballot and [the] envelope for 42
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mailing of such forms by the clerk to the absentee ballot applicant. 43
Sec. 3. Subsections (d) and (e) of section 9-140 of the general statutes 44
are repealed and the following is substituted in lieu thereof (Effective 45
from passage): 46
(d) An absentee voting set shall consist of an absentee ballot, [inner 47
and outer envelopes] an envelope for its return, instructions for its use, 48
and if applicable, explanatory texts concerning ballot questions, as 49
provided for in sections 2-30a and 9-369b. No other material shall be 50
included with an absentee voting set issued to an applicant except as 51
provided in sections 9-153e and 9-153f or where necessary to correct an 52
error or omission as provided in section 9-153c, as amended by this act. 53
(e) Upon receipt of an application, the municipal clerk shall, unless a 54
notice is mailed to the applicant pursuant to subsection (c) of this 55
section, write the serial number of the [outer] envelope included in the 56
absentee voting set to be issued to the applicant in the space provided 57
for that purpose on the application form. Sets shall be issued to 58
applicants in consecutive ascending numerical order of the envelope 59
serial numbers, and the clerk shall keep a list of the numbers indicating 60
beside each number the name of the applicant to whom that set was 61
issued. The list shall be preserved as a public record as required by 62
section 9-150b, as amended by this act. 63
Sec. 4. Section 9-140a of the general statutes is repealed and the 64
following is substituted in lieu thereof (Effective from passage): 65
Each absentee ballot applicant shall sign the form on the [inner] 66
envelope provided for in section 9-137, as amended by this act, which 67
shall constitute a statement under the penalties of false statement in 68
absentee balloting. Any absentee ballot applicant who is unable to 69
write may cause his name to be signed on the form by an authorized 70
agent who shall, in the space provided for the signature, write the 71
name of the applicant followed by the word "by" and his own 72
signature. The failure of the applicant or authorized agent to date the 73
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form shall not invalidate the ballot. The ballot shall be inserted in the 74
[inner envelope, and the inner envelope shall be inserted in the outer 75
envelope,] envelope prior to the return of the ballot to the municipal 76
clerk. If an applicant is required to return identification with the ballot 77
pursuant to the Help America Vote Act, P.L. 107-252, as amended from 78
time to time, such identification shall be inserted in [the outer envelope 79
so such identification can be viewed without opening the inner] such 80
envelope. 81
Sec. 5. Subsection (a) of section 9-140b of the general statutes is 82
repealed and the following is substituted in lieu thereof (Effective from 83
passage): 84
(a) An absentee ballot shall be cast at a primary, election or 85
referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a 86
designee of a person who applies for an absentee ballot because of 87
illness or physical disability, or (C) a member of the immediate family 88
of an applicant who is a student, so that it is received by the clerk of 89
the municipality in which the applicant is qualified to vote not later 90
than the close of the polls; (2) it is returned by the applicant in person 91
to the clerk by the day before a regular election, special election or 92
primary or prior to the opening of the polls on the day of a 93
referendum; (3) it is returned by a designee of an ill or physically 94
disabled ballot applicant, in person, to said clerk not later than the 95
close of the polls on the day of the election, primary or referendum; (4) 96
it is returned by a member of the immediate family of the absentee 97
voter, in person, to said clerk not later than the close of the polls on the 98
day of the election, primary or referendum; (5) in the case of a 99
presidential or overseas ballot, it is mailed or otherwise returned 100
pursuant to the provisions of section 9-158g, as amended by this act; or 101
(6) it is returned with the proper identification as required by the Help 102
America Vote Act, P.L. 107-252, as amended from time to time, if 103
applicable, inserted in the [outer envelope so such identification can be 104
viewed without opening the inner] envelope. A person returning an 105
absentee ballot to the municipal clerk pursuant to subdivision (3) or (4) 106
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of this subsection shall present identification and, on the [outer] 107
envelope of the absentee ballot, sign his name in the presence of the 108
municipal clerk, and indicate his address, his relationship to the voter 109
or his position, and the date and time of such return. As used in this 110
section, "immediate family" means a dependent relative who resides in 111
the individual's household or any spouse, child or parent of the 112
individual. 113
Sec. 6. Subsections (a) to (c), inclusive, of section 9-140c of the 114
general statutes are repealed and the following is substituted in lieu 115
thereof (Effective from passage): 116
(a) The municipal clerk shall retain the envelopes containing 117
absentee ballots received by him under section 9-140b, as amended by 118
this act, and shall not open such envelopes. The municipal clerk shall 119
endorse over his signature, upon each [outer] envelope as he receives 120
it, the date and precise time of its receipt. The clerk shall make an 121
affidavit attesting to the accuracy of all such endorsements, and at the 122
close of the polls shall deliver such affidavit to the head moderator, 123
who shall endorse the time of its receipt and return it to the clerk after 124
all counting is complete. The clerk shall preserve the affidavit for one 125
hundred eighty days in accordance with the requirements of section 9-126
150b, as amended by this act. The clerk shall keep a list of the names of 127
the applicants who return absentee ballots to the clerk under section 9-128
140b, as amended by this act. The list shall be preserved as a public 129
record as required by section 9-150b, as amended by this act. 130
(b) Beginning not earlier than the seventh day before the election, 131
primary or referendum and on any weekday thereafter, all absentee 132
ballots received by the municipal clerk not later than eleven o'clock 133
a.m. of such day may be sorted into voting districts by the municipal 134
clerk and checked as provided in this subsection. On any such day, 135
beginning as soon as the ballots have been sorted, the registrars of 136
voters, without opening the [outer] envelopes, may check the names of 137
the applicants returning ballots on the official checklist to be used at 138
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the election, primary or referendum by indicating "absentee" or "A" 139
preceding each such name and, if unaffiliated electors are authorized 140
under section 9-431 to vote in the primary of either of two parties, the 141
designation of the party in which the applicants are voting preceding 142
each such name. Unless absentee ballots are to be counted in the 143
respective polling places, pursuant to subsection (b) of section 9-147a, 144
the registrars shall also place such indication on a duplicate of the 145
checklist to be retained by the municipal clerk until he delivers it to the 146
registrars at twelve o'clock noon on election, primary or referendum 147
day for the use of the absentee ballot counters pursuant to subsection 148
(i) of this section. All absentee ballots received not later than eleven 149
o'clock a.m. of the last day before the election, primary or referendum 150
which is not a Sunday or legal holiday, shall be so sorted and checked 151
not later than such day. 152
(c) If the name of the applicant returning the ballot is not on the 153
official checklist for any polling place in such municipality, the 154
registrars shall endorse on the face of such [outer] envelope the word 155
"rejected", followed by a statement of the reasons for rejection, and [the 156
outer] such envelope shall not be opened or the ballot counted. 157
Sec. 7. Subdivision (4) of subsection (i) of section 9-140c of the 158
general statutes is repealed and the following is substituted in lieu 159
thereof (Effective from passage): 160
(4) If the name of an applicant returning a ballot has been checked 161
on the official checklist as having voted in person the absentee ballot 162
counters shall, in checking the ballots, endorse on the face of the 163
[outer] envelope the word "rejected" followed by a statement of the 164
reason for rejection, and [the outer] such envelope shall not be opened 165
or the ballot counted. 166
Sec. 8. Subsection (l) of section 9-140c of the general statutes is 167
repealed and the following is substituted in lieu thereof (Effective from 168
passage): 169
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(l) The municipal clerk shall retain all [outer] envelopes containing 170
absentee ballots received by him after the close of the polls, unopened, 171
for the period prescribed in section 9-150b, as amended by this act. 172
Sec. 9. Subsections (c) to (f), inclusive, of section 9-150a of the 173
general statutes are repealed and the following is substituted in lieu 174
thereof (Effective from passage): 175
(c) Except with respect to ballots marked "Rejected" pursuant to 176
section 9-140c, as amended by this act, or other applicable law, the 177
counters shall [remove the inner envelopes from the outer envelopes, 178
shall] note the total number of absentee ballots received and shall 179
report such total to the moderator. They shall similarly note and 180
separately so report the total numbers of presidential ballots and 181
overseas ballots received pursuant to sections 9-158a to 9-158m, 182
inclusive. 183
(d) (1) If the statement on the [inner] envelope has not been signed 184
as required by section 9-140a, as amended by this act, such [inner] 185
envelope shall not be opened or the ballot removed therefrom, and 186
such [inner envelope shall be replaced in the opened outer envelope 187
which] envelope shall be marked "Rejected" and the reason therefor 188
endorsed thereon by the counters. (2) If such statement is signed but 189
the individual completing the ballot is an individual described in 190
subsection (a) of section 9-23r and has not met the requirements of 191
subsection (e) of section 9-23r, as amended by this act, the counters 192
shall replace the ballot in the opened [inner envelope, replace the inner 193
envelope in the opened outer] envelope and mark "Rejected as an 194
Absentee Ballot" and endorse the reason for such rejection on [the 195
outer] such envelope, and the ballot shall be treated as a provisional 196
ballot for federal offices only, pursuant to sections 9-232i to 9-232o, 197
inclusive. 198
(e) The counters shall then remove the absentee ballots from the 199
remaining [inner] envelopes. 200
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(f) Before the ballots are counted, all opened [outer and inner] 201
envelopes from which such ballots have been removed, and all [outer] 202
envelopes marked "Rejected" as required by law, shall be placed and 203
sealed by the counters, separately by voting district, in depository 204
envelopes prescribed by the Secretary of the State and provided by the 205
municipal clerk. The counters shall seal such depository envelopes by 206
wrapping them lengthwise and sideways with nonreusable tape, 207
endorse on each such envelope their names, the voting district and the 208
time of the count, and deliver such envelopes to the moderator. 209
Sec. 10. Subsection (i) of section 9-150b of the general statutes is 210
repealed and the following is substituted in lieu thereof (Effective from 211
passage): 212
(i) For one hundred eighty days after the election, primary or 213
referendum the following shall be preserved by the municipal clerk as 214
a public record open to public inspection: (1) The affidavit regarding 215
the municipal clerk's endorsement of [inner] envelopes, as required by 216
subsection (a) of section 9-140c, as amended by this act; and (2) the 217
affidavit regarding delivery and receipt of ballots, as required by 218
subsection (j) of said section. 219
Sec. 11. Subsections (b) to (d), inclusive, of section 9-153b of the 220
general statutes are repealed and the following is substituted in lieu 221
thereof (Effective from passage): 222
(b) Except as provided in subsection (d) of this section for members 223
of the armed forces, the municipal clerk shall mark the serially-224
numbered [outer] envelope "rejected" and note the reasons therefor on 225
all absentee ballots and envelopes so returned to him and shall seal 226
such unopened ballots in a package and retain them in a safe place 227
until delivered in accordance with section 9-140c, as amended by this 228
act. The municipal clerk shall keep a list of the names of each absentee 229
ballot applicant who has applied for more than one absentee ballot, as 230
provided in section 9-140, as amended by this act, together with the 231
serial number appearing on the [outer] envelope of each absentee 232
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voting set issued to each such applicant including the latest one issued. 233
(c) When an absentee ballot applicant has applied for more than one 234
absentee ballot, only the latest absentee ballot issued to him by the 235
municipal clerk as determined by the serial number appearing on the 236
[outer] envelope may be counted and all absentee ballots and 237
envelopes formerly issued to that applicant shall be marked rejected as 238
provided in subsection (b) of this section and not counted. 239
(d) Subsections (a), (b) and (c) of this section shall not apply to 240
members of the armed forces, and if more than one absentee ballot is 241
received from any elector who is a member of the armed forces, the 242
ballot of such elector bearing the latest postmark shall be counted if no 243
absentee ballot of such elector has already been counted, provided that 244
the municipal clerk shall mark all serially-numbered [outer] envelopes 245
bearing earlier postmarks "rejected" and note the reasons for rejection 246
and shall deliver such ballots in accordance with section 9-140c, as 247
amended by this act. 248
Sec. 12. Section 9-153c of the general statutes is repealed and the 249
following is substituted in lieu thereof (Effective from passage): 250
(a) If a municipal clerk has omitted the name of a candidate, party 251
or office designation, inserted an incorrect or misspelled name of a 252
candidate, party or office designation, provided an absentee ballot 253
applicant with a ballot which is not the correct ballot for his voting 254
district, or incorrectly imprinted or failed to imprint the designation of 255
a state or local question on an absentee ballot in the appropriate space, 256
and if any such omission or error is likely to mislead any voter, he 257
shall, as soon as he becomes aware of such omission or error, promptly 258
mail to each applicant to whom such an absentee ballot has been 259
issued, a correct absentee ballot, [envelopes] envelope for its return 260
and instructions, a statement explaining the error or omission 261
including the correct name or question and a copy of this section. The 262
municipal clerk shall inform the Secretary of the State when he 263
proceeds under this subsection. 264
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(b) Any additional absentee voting sets issued to applicants under 265
this section shall be issued in consecutive ascending numerical order 266
based upon the serial number appearing on the [outer] envelope for 267
return of ballots to the municipal clerk, and the clerk shall keep a 268
record of such numbers by making a notation on, or attaching a 269
memorandum to, the applicant's original application for an absentee 270
ballot. 271
(c) The municipal clerk shall keep a list containing the name, 272
address and voting district of each absentee ballot applicant who has 273
been issued more than one absentee ballot under this section and the 274
serial number appearing on the [outer] envelope of each absentee 275
voting set so issued. The list shall be kept with the list required under 276
section 9-140, as amended by this act. 277
(d) If more than one ballot is received from an applicant who has 278
been sent a correct ballot under subsection (a) of this section, the ballot 279
bearing the latest serial number shall be counted, if no ballot of such 280
applicant has already been counted. The municipal clerk shall inscribe 281
the word "rejected" and note the reasons for rejection on the [outer] 282
envelope of each of such applicant's other ballots not so counted and 283
shall seal them, unopened, in a package and retain them in a safe place 284
until delivered in accordance with section 9-140c, as amended by this 285
act. 286
Sec. 13. Section 9-153d of the general statutes is repealed and the 287
following is substituted in lieu thereof (Effective from passage): 288
(a) Either registrar of voters may, not more than ninety days before 289
the day of an election, in a form to be prescribed by the Secretary of the 290
State, direct the municipal clerk forthwith to mail an absentee ballot, 291
with the necessary [envelopes] envelope and instructions, to the best-292
known address, within the knowledge of the registrar issuing such 293
direction, of an elector or applicant for admission as an elector who is 294
living outside the territorial limits of the several states of the United 295
States and the District of Columbia or who is a member of the armed 296
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forces, or the spouse or dependent of a member of the armed forces 297
living where such member is stationed, whether such address is a 298
home address or an armed service address, and such direction shall 299
constitute sufficient application for such absentee ballot. The municipal 300
clerk may, during such period, so act of his own motion and without 301
waiting for the direction of a registrar of voters or other application, if 302
the clerk first completes and retains in his records as an application the 303
same direction form as is used by a registrar of voters. 304
(b) Within the time limits in subsection (b) of section 9-158c for 305
availability of overseas ballots, either registrar of voters may, in a form 306
to be prescribed by the Secretary of the State, direct the municipal clerk 307
forthwith to mail an overseas ballot, with the necessary [envelopes] 308
envelope and instructions, to the best-known address, within the 309
knowledge of the registrar issuing such direction, of a citizen of the 310
United States who is eligible to vote as an overseas elector under 311
sections 9-158a to 9-158m, inclusive, and such direction shall constitute 312
sufficient application for such absentee ballot. Such ballot shall not be 313
counted unless an application form prescribed in subsection (b) of 314
section 9-158d is received by the town clerk prior to the day of the 315
election or primary. The municipal clerk may, during such period, so 316
act on his own motion and without waiting for the direction of a 317
registrar of voters or other application, if the clerk first completes and 318
retains in his records as an application the same direction form that is 319
used by a registrar of voters. 320
Sec. 14. Section 9-158e of the general statutes is repealed and the 321
following is substituted in lieu thereof (Effective from passage): 322
(a) A person applying for a presidential ballot in person shall 323
present: (1) A current and valid photo identification, or (2) a copy of a 324
current utility bill, bank statement, government check, paycheck or 325
other government document that shows the name and address of the 326
voter. The application for a presidential ballot by mail shall be 327
accompanied by: (A) A copy of a current and valid pho to 328
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identification, or (B) a copy of a current utility bill, bank statement, 329
government check, paycheck or government document that shows the 330
name and address of the voter. Upon receipt of an application for a 331
presidential ballot under sections 9-158a to 9-158m, inclusive, the clerk, 332
if satisfied that the application is proper and that the applicant is 333
qualified to vote under said sections, shall forthwith give or mail to the 334
applicant, as the case may be, a ballot for presidential and vice-335
presidential electors for use at the election and instructions and 336
[envelopes] an envelope for its return. 337
(b) Upon receipt of an application for an overseas ballot, the clerk, if 338
satisfied that the application is proper and that the applicant is 339
qualified to vote at the federal election for which the application is 340
made, pursuant to the provisions of sections 9-158b to 9-158m, 341
inclusive, shall forthwith mail a ballot containing the names and offices 342
of the candidates for federal office and instructions and [envelopes] an 343
envelope for its return to the applicant. 344
Sec. 15. Section 9-158f of the general statutes is repealed and the 345
following is substituted in lieu thereof (Effective from passage): 346
(a) The voter, after marking his presidential ballot so as to express 347
his choice, shall fold it so as to conceal the markings, and enclose it in 348
[an inner] a serially-numbered envelope furnished by the town clerk 349
for such purpose. The envelope shall have imprinted upon its back a 350
statement which shall be signed by the voter. The failure of the voter to 351
date the statement shall not invalidate the ballot. Such statement shall 352
be substantially as follows: 353
Certification of Presidential Voter 354
I, the undersigned, do hereby state under the penalties of false 355
statement in absentee balloting that: 356
(1) I am qualified to vote for Presidential and Vice-Presidential 357
electors in the town of .... Connecticut, at the presidential election to be 358
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held on November ...., 20... 359
(2) I have not applied, nor do I intend to apply, for a ballot to vote 360
for Presidential and Vice-Presidential electors at said election from any 361
other town, city, county or state, and 362
(3) I have not voted, and I will not vote otherwise than by this ballot 363
in said presidential election. 364
Dated at ...., this .... day of .... 20... 365
.... (Signature of voter) 366
(b) The overseas elector, after marking his overseas ballot so as to 367
express his choice, shall fold it so as to conceal the markings and 368
enclose it in an [inner] envelope furnished by the town clerk for such 369
purpose. The envelope shall have imprinted upon its back a statement 370
which shall be signed by the elector. The failure of the elector to date 371
the statement shall not invalidate the ballot. The statement shall be 372
substantially as follows: 373
Certification of Overseas Elector 374
I, the undersigned, do hereby state under the penalties of false 375
statement in absentee balloting that: 376
(1) I am qualified to vote for candidates for federal office in the town 377
of ...., Connecticut, at the federal election to be held on ...., 20... 378
(2) I have not applied, nor do I intend to apply, for a ballot to vote 379
for candidates for federal office at said election from any other town, 380
city or county in Connecticut or in any other state or election district of 381
any state or territory or any territory or possession of the United States. 382
(3) I have not voted, and I will not vote otherwise than by this ballot 383
in said federal election. 384
Dated at ...., this .... day of ...., 20... 385
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.... (Signature of overseas elector) 386
Sec. 16. Section 9-158g of the general statutes is repealed and the 387
following is substituted in lieu thereof (Effective from passage): 388
The voter shall sign the certification upon the [inner envelope, 389
securely seal it, enclose it in an outer] serially-numbered envelope, 390
securely seal it and return it to the municipal clerk of the town in 391
which he is qualified to vote. The clerk shall keep it in his office until 392
delivered by him to the registrars of voters at the same time and in the 393
same manner as is provided for absentee ballots. If the ballot is 394
returned by a person other than the voter or the United States Postal 395
Service, the person delivering the ballot shall sign his name and 396
address and the date and time of its delivery on the [outer] envelope in 397
the clerk's presence. The ballot, to be cast, shall be returned so that it is 398
received by the town clerk not later than the close of the polls on the 399
day of the election. 400
Sec. 17. Section 9-159o of the general statutes is repealed and the 401
following is substituted in lieu thereof (Effective from passage): 402
Any elector who has returned an absentee ballot to the municipal 403
clerk and who finds he is able to vote in person shall proceed before 404
ten o'clock a.m. on election, primary or referendum day to the 405
municipal clerk's office and request that his ballot be withdrawn. The 406
municipal clerk shall remove the ballot from the sealed package and 407
shall mark the serially-numbered [outer] envelope, which shall remain 408
unopened, "rejected" and note the reasons for rejection. The elector 409
shall also endorse the envelope. The rejected ballot shall then be 410
returned to the sealed package until delivered on election, primary or 411
referendum day to the registrars of voters in accordance with section 9-412
140c, as amended by this act. The municipal clerk shall then give the 413
elector a signed statement directed to the moderator of the voting 414
district in which the elector resides stating that the elector has 415
withdrawn his absentee ballot and may vote in person. Upon delivery 416
of the statement by the elector to the moderator, the moderator shall 417
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cause the absentee indication next to the name of the elector to be 418
stricken from the official checklist and the elector may then have his 419
name checked and vote in person. Unless absentee ballots are to be 420
counted in the respective polling places pursuant to subsection (b) of 421
section 9-147a, the municipal clerk shall also cause the absentee 422
indication next to the name of the elector to be stricken from the 423
duplicate checklist to be used by the absentee ballot counters. 424
Sec. 18. Subsections (d) to (h), inclusive, of section 9-159p of the 425
general statutes are repealed and the following is substituted in lieu 426
thereof (Effective from passage): 427
(d) Immediately upon receipt of a challenge, the municipal clerk 428
shall send copies of the challenge to each registrar of voters and to the 429
person offering to vote by absentee ballot. The municipal clerk shall 430
send the copy of the challenge to the person offering to vote by first 431
class certified mail to the mailing address shown on the application for 432
the absentee ballot. The municipal clerk shall furnish copies of any 433
written response to the challenge to each registrar of voters. The 434
municipal clerk shall deliver the ballot in the [inner] serially-numbered 435
envelope, which shall not be opened, [the serially-numbered envelope] 436
and any other evidence relevant to the challenge, to the registrars, who 437
shall sign a receipt for the same. 438
(e) Immediately upon receipt of a challenge, the moderator shall 439
deliver copies of the challenge to each registrar of voters. The 440
moderator shall also deliver, or designate another election, primary or 441
referendum official to deliver, the ballot in the [inner] serially-442
numbered envelope, which shall not be opened, [the serially-443
numbered envelope] and any other evidence relevant to the challenge 444
to the registrars, who shall sign a receipt for the same. 445
(f) The registrars of voters shall examine the challenge, any written 446
response to the challenge and any other evidence or information they 447
deem relevant to the challenge, including the [inner] envelope, which 448
shall not be opened, and shall determine whether the challenge should 449
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be upheld. If the registrars fail to agree that the challenge should be 450
upheld, it shall be deemed to have been denied. 451
(g) The registrars of voters shall make the determination not earlier 452
than noon of the day of the election, primary or referendum at which 453
the ballot is submitted and not later than the time when the counting 454
of all other absentee ballots at the election, primary or referendum has 455
been completed. 456
(h) The registrars of voters shall notify, in writing, the municipal 457
clerk and the central counting moderator, or the moderator of the 458
polling place at which the ballot is to be counted pursuant to 459
subsection (b) of section 9-147a, of their determination. If the challenge 460
is denied, the absentee ballot shall be delivered by the registrars to the 461
appropriate location for counting pursuant to law. If the challenge is 462
upheld, the registrars shall mark the word "rejected" on the serially-463
numbered [outer] envelope and note the reasons for rejection, and 464
shall return it together with all other evidence received in connection 465
with the challenge to the municipal clerk who shall retain the same 466
until delivered in accordance with section 9-140c, as amended by this 467
act, except that a challenge to a ballot which the municipal clerk has 468
delivered to the registrars of voters for counting pursuant to sections 9-469
140c, as amended by this act, and 9-147a shall be returned to the 470
moderator to whom the challenge was made. 471
Sec. 19. Subsection (g) of section 9-159q of the general statutes is 472
repealed and the following is substituted in lieu thereof (Effective from 473
passage): 474
(g) The registrars or their designees, as the case may be, shall jointly 475
deliver the ballots to the respective applicants at the institution and 476
shall jointly supervise the voting of such ballots. The ballots shall be 477
returned to the registrars or their designees by the electors in the 478
envelopes provided and in accordance with the provisions of sections 479
9-137, as amended by this act, [9-139] and 9-140a, as amended by this 480
act. If any elector asks for assistance in voting his ballot, two registrars 481
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or their designees of different political parties or, for a primary, their 482
designees of different candidates, shall render such assistance as they 483
deem necessary and appropriate to enable such elector to vote his 484
ballot. The registrars or their designees may reject a ballot when (1) the 485
elector declines to vote a ballot, or (2) the registrars or their designees 486
are unable to determine how the elector who has requested their 487
assistance desires to vote the ballot. When the registrars or their 488
designees reject a ballot, they shall mark the serially-numbered [outer] 489
envelope "rejected" and note the reasons for rejection. Nothing in this 490
section shall limit the right of an elector to vote his ballot in secret. 491
Sec. 20. Subdivision (1) of subsection (a) of section 9-7b of the 492
general statutes is repealed and the following is substituted in lieu 493
thereof (Effective from passage): 494
(1) To make investigations on its own initiative or with respect to 495
statements filed with the commission by the Secretary of the State, any 496
town clerk or any registrar of voters or upon written complaint under 497
oath by any individual, with respect to alleged violations of any 498
provision of the general statutes relating to any election or referendum, 499
any primary held pursuant to section 9-423, 9-425 or 9-464 or any 500
primary held pursuant to a special act, and to hold hearings when the 501
commission deems necessary to investigate violations of any 502
provisions of the general statutes relating to any such election, primary 503
or referendum, and for the purpose of such hearings the commission 504
may administer oaths, examine witnesses and receive oral and 505
documentary evidence, and shall have the power to subpoena 506
witnesses under procedural rules the commission shall adopt, to 507
compel their attendance and to require the production for examination 508
of any books and papers which the commission deems relevant to any 509
matter under investigation or in question. Until the commission 510
determines that it is necessary to investigate a violation, commission 511
members and staff shall keep confidential any information concerning 512
a complaint or preliminary investigation, except upon request of the 513
treasurer, deputy treasurer, chairperson or candidate affiliated with a 514
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committee that is the subject of the complaint or preliminary 515
investigation. In connection with its investigation of any alleged 516
violation of any provision of chapter 145, or of any provision of section 517
9-359 or section 9-359a, as amended by this act, the commission shall 518
also have the power to subpoena any municipal clerk and to require 519
the production for examination of any absentee ballot, [inner and 520
outer] envelope from which any such ballot has been removed, 521
depository envelope containing any such ballot or [inner or outer] 522
envelope as provided in sections 9-150a, as amended by this act, and 9-523
150b, as amended by this act, and any other record, form or document 524
as provided in section 9-150b, as amended by this act, in connection 525
with the election, primary or referendum to which the investigation 526
relates. In case of a refusal to comply with any subpoena issued 527
pursuant to this subsection or to testify with respect to any matter 528
upon which that person may be lawfully interrogated, the superior 529
court for the judicial district of Hartford, on application of the 530
commission, may issue an order requiring such person to comply with 531
such subpoena and to testify; failure to obey any such order of the 532
court may be punished by the court as a contempt thereof. In any 533
matter under investigation which concerns the operation or inspection 534
of or outcome recorded on any voting tabulator, the commission may 535
issue an order to the registrars of voters to impound such tabulator 536
until the investigation is completed; 537
Sec. 21. Subsection (e) of section 9-23r of the general statutes is 538
repealed and the following is substituted in lieu thereof (Effective from 539
passage): 540
(e) If an individual described in subsection (a) of this section does 541
not submit the identification described in subsection (a) of this section 542
as part of the individual's application for admission as an elector, and 543
if the individual votes by absentee ballot in an election for federal 544
office, the individual shall enclose in the [outer absentee ballot 545
envelope, and not in the inner] envelope with the ballot: (1) A copy of 546
a current and valid photo identification, or (2) a copy of a current 547
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utility bill, bank statement, government check, paycheck, or other 548
government document that shows the name and address of the voter. 549
If an individual does not meet the requirements of this subsection in an 550
election for federal office, such individual’s absentee ballot shall be 551
processed in accordance with the provisions of subdivision (2) of 552
subsection (d) of section 9-150a, as amended by this act, and treated as 553
a provisional ballot for federal office only, pursuant to sections 9-232i 554
to 9-232o, inclusive. 555
Sec. 22. Subsection (b) of section 9-311 of the general statutes is 556
repealed and the following is substituted in lieu thereof (Effective from 557
passage): 558
(b) The moderator shall determine the place or places where the 559
recanvass shall be conducted and, if such recanvass is held before the 560
tabulators are boxed and collected in the manner required by section 9-561
266, the moderator may either require that such recanvass of such 562
tabulators be conducted in each place where the tabulators are located, 563
or he may require that they be removed to one central place, where 564
such recanvass shall be conducted. All recanvassing procedures shall 565
be open to public observation. Such recanvass officials shall, in the 566
presence of such moderator and registrars of voters, make a record of 567
the number on the seal and the number on the protective counter, if 568
one is provided, on each voting tabulator specified by such moderator. 569
Such registrars of voters in the presence of such moderator shall turn 570
over the keys of each such tabulator to such recanvass officials, and 571
such recanvass officials, in the presence of such registrars of voters and 572
moderator, shall immediately proceed to recanvass the vote cast 573
thereon, and shall then open the package of absentee ballots and 574
recanvass the vote cast thereon. In the course of the recanvass of the 575
absentee ballot vote the recanvass officials shall check all [outer 576
envelopes for absentee ballots against the inner] envelopes for such 577
ballots [and] against the registry list to verify postmarks, addresses 578
and registry list markings and also to determine whether the number 579
of envelopes from which absentee ballots have been removed is the 580
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same as the number of persons checked as having voted by absentee 581
ballot. The write-in ballots shall also be recanvassed at this time. All of 582
the recanvass officials shall use the same forms for tallies and returns 583
as were used at the original canvass and the absentee ballot counters 584
shall also sign the tallies. 585
Sec. 23. Subsection (a) of section 9-359a of the general statutes is 586
repealed and the following is substituted in lieu thereof (Effective from 587
passage): 588
(a) A person is guilty of false statement in absentee balloting when 589
he intentionally makes a false written statement in or on or signs the 590
name of another person to the application for an absentee ballot or the 591
[inner] envelope accompanying any such ballot, which he does not 592
believe to be true and which statement or signature is intended to 593
mislead a public servant in the performance of his official function. 594
Sec. 24. Subsection (e) of section 9-369c of the general statutes is 595
repealed and the following is substituted in lieu thereof (Effective from 596
passage): 597
(e) Any person who is eligible to vote by absentee ballot as provided 598
in this section may apply in person or by mail to the municipal clerk 599
for an absentee ballot. Application shall be made on a form furnished 600
by the Secretary of the State, as provided in subsection (d) of this 601
section. Upon receipt of an application or upon the nineteenth day 602
before the date of the referendum, whichever is later, the municipal 603
clerk shall give to the applicant or mail, as the case may be, the 604
absentee ballot and the [envelopes] envelope furnished by the 605
Secretary of the State. No absentee ballot shall be issued after the 606
opening of the polls at the referendum, except as provided in section 9-607
150c. 608
Sec. 25. Section 9-139 of the general statutes is repealed. (Effective 609
from passage) 610
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This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-137
Sec. 2 from passage 9-139a(a)
Sec. 3 from passage 9-140(d) and (e)
Sec. 4 from passage 9-140a
Sec. 5 from passage 9-140b(a)
Sec. 6 from passage 9-140c(a) to (c)
Sec. 7 from passage 9-140c(i)(4)
Sec. 8 from passage 9-140c(l)
Sec. 9 from passage 9-150a(c) to (f)
Sec. 10 from passage 9-150b(i)
Sec. 11 from passage 9-153b(b) to (d)
Sec. 12 from passage 9-153c
Sec. 13 from passage 9-153d
Sec. 14 from passage 9-158e
Sec. 15 from passage 9-158f
Sec. 16 from passage 9-158g
Sec. 17 from passage 9-159o
Sec. 18 from passage 9-159p(d) to (h)
Sec. 19 from passage 9-159q(g)
Sec. 20 from passage 9-7b(a)(1)
Sec. 21 from passage 9-23r(e)
Sec. 22 from passage 9-311(b)
Sec. 23 from passage 9-359a(a)
Sec. 24 from passage 9-369c(e)
Sec. 25 from passage Repealer section
Statement of Purpose:
To no longer require the use of inner and outer envelopes in absentee
balloting.
[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.]
Co-Sponsors: REP. RITTER M., 1st Dist.
H.B. 5816