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General Assembly Committee Bill No. 6063
January Session, 2019
LCO No. 6381
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING CH ANGES TO THE PROCESS OF VO TING BY
ABSENTEE BALLOT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 9-140 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(b) A municipal clerk may transmit an application to a person under 4
this subsection by facsimile machine or other electronic means, if so 5
requested by the applicant. If a municipal clerk has a facsimile 6
machine or other electronic means, an applicant may return a 7
completed application to the clerk by such a machine or device. [, 8
provided the applicant shall also mail the original of the completed 9
application to the clerk, either separately or with the absentee ballot 10
that is issued to the applicant. If the clerk does not receive such 11
original application by the close of the polls on the day of the election, 12
primary or referendum, the absentee ballot shall not be counted.] 13
Sec. 2. Section 9-140a of the general statutes is repealed and the 14
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following is substituted in lieu thereof (Effective from passage): 15
Each absentee ballot applicant shall sign the form on the inner 16
envelope provided for in section 9-137, which shall constitute a 17
statement under the penalties of false statement in absentee balloting. 18
Any absentee ballot applicant who is unable to write may cause his 19
name to be signed on the form by an authorized agent who shall, in the 20
space provided for the signature, write the name of the applicant 21
followed by the word "by" and his own signature. The failure of the 22
applicant or authorized agent to date the form shall not invalidate the 23
ballot. [The] Prior to the return of the ballot to the municipal clerk, the 24
ballot shall be inserted in the inner envelope, and the inner envelope 25
shall be inserted in the outer envelope, [prior to the return of the ballot 26
to the municipal clerk] except that in the case of two or more 27
applicants who are members of the immediate family, as defined in 28
section 9-140b, as amended by this act, of each other, the respective 29
inner envelopes of such applicants may be inserted in a single outer 30
envelope. If an applicant is required to return identification with the 31
ballot pursuant to the Help America Vote Act, P.L. 107-252, as 32
amended from time to time, such identification shall be inserted in the 33
outer envelope so such identification can be viewed without opening 34
the inner envelope. 35
Sec. 3. Subsection (a) of section 9-140b of the general statutes is 36
repealed and the following is substituted in lieu thereof (Effective from 37
passage): 38
(a) An absentee ballot shall be cast at a primary, election or 39
referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a 40
designee of a person who applies for an absentee ballot because of 41
illness or physical disability, [or] (C) a member of the immediate 42
family of an applicant who is a student, or (D) a member of the 43
immediate family of an applicant, which member is also an applicant, 44
in the same outer envelope as such member, as described in section 9-45
140a, as amended by this act, so that it is received by the clerk of the 46
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municipality in which the applicant is qualified to vote not later than 47
the close of the polls; (2) it is returned by the applicant in person to the 48
clerk by the day before a regular election, special election or primary or 49
prior to the opening of the polls on the day of a referendum; (3) it is 50
returned by a designee of an ill or physically disabled [ballot] 51
applicant, in person, to said clerk not later than the close of the polls on 52
the day of the election, primary or referendum; (4) it is returned by a 53
member of the immediate family of the [absentee voter] applicant, in 54
person, to said clerk not later than the close of the polls on the day of 55
the election, primary or referendum; (5) it is returned by a member of 56
the immediate family of the applicant, which member is also an 57
applicant, in the same outer envelope as such member, as described in 58
section 9-140a, as amended by this act, in person, to said clerk not later 59
than the close of the polls on the day of the election, primary or 60
referendum; (6) in the case of a presidential or overseas ballot, it is 61
mailed or otherwise returned pursuant to the provisions of section 9-62
158g; or [(6)] (7) it is returned with the proper identification as 63
required by the Help America Vote Act, P.L. 107-252, as amended from 64
time to time, if applicable, inserted in the outer envelope so such 65
identification can be viewed without opening the inner envelope. A 66
person returning an absentee ballot to the municipal clerk pursuant to 67
subdivision (3), [or] (4) or (5) of this subsection shall present 68
identification and, on the outer envelope of the absentee ballot, sign his 69
name in the presence of the municipal clerk, and indicate his address, 70
his relationship to the voter or his position, and the date and time of 71
such return. As used in this section, "immediate family" means a 72
dependent relative who resides in the individual's household or any 73
spouse, child or parent of the individual. 74
Sec. 4. Subsection (a) of section 9-140c of the general statutes is 75
repealed and the following is substituted in lieu thereof (Effective from 76
passage): 77
(a) The municipal clerk shall retain the envelopes containing 78
absentee ballots received by [him] such clerk under section 9-140b, as 79
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amended by this act, and shall not open such envelopes. In the case of 80
absentee ballots received by such clerk from two or more applicants 81
who are members of the immediate family, as defined in section 9-82
140b, as amended by this act, of each other such that the respective 83
inner envelopes of such applicants are received in a single outer 84
envelope, such clerk shall process such ballots, as nearly as practicable 85
and in the manner prescribed by the Secretary of the State, as such 86
clerk processes single absentee ballots and inner envelopes received in 87
single outer envelopes. The municipal clerk shall endorse over his 88
signature, upon each outer envelope as he receives it, the date and 89
precise time of its receipt. The clerk shall make an affidavit attesting to 90
the accuracy of all such endorsements, and at the close of the polls 91
shall deliver such affidavit to the head moderator, who shall endorse 92
the time of its receipt and return it to the clerk after all counting is 93
complete. The clerk shall preserve the affidavit for one hundred eighty 94
days in accordance with the requirements of section 9-150b. The clerk 95
shall keep a list of the names of the applicants who return absentee 96
ballots to the clerk under section 9-140b, as amended by this act. The 97
list shall be preserved as a public record as required by section 9-150b. 98
Sec. 5. Subsection (b) of section 9-150a of the general statutes is 99
repealed and the following is substituted in lieu thereof (Effective from 100
passage): 101
(b) At the time each group of ballots is delivered to them pursuant 102
to section 9-140c, as amended by this act, the counters shall perform 103
any checking of such ballots required by subsection (i) of said section 104
and shall then proceed as hereinafter provided. In the case of ballots 105
from two or more applicants who are members of the immediate 106
family, as defined in section 9-140b, as amended by this act, of each 107
other such that the respective inner envelopes of such applicants are 108
received in a single outer envelope, such counters shall process such 109
ballots, as nearly as practicable and in the manner prescribed by the 110
Secretary of the State, as such counters process single absentee ballots 111
and inner envelopes received in single outer envelopes. 112
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Sec. 6. (Effective from passage) The Secretary of the State, or the 113
Secretary's designee, in consultation with not more than two designees 114
from each of the Connecticut Town Clerks Association and the 115
Registrars of Voters Association of Connecticut, shall conduct a study 116
of (1) additional means for the return of absentee ballots by absentee 117
ballot applicants to the clerks of the municipalities in which such 118
applicants are qualified to vote, including, but not limited to, use of 119
inter-departmental mail for such applicants who are municipal 120
employees, (2) ways to reduce the number of absentee ballots rejected 121
at elections, primaries and referenda, and (3) opportunities to 122
generally make the process of absentee voting easier. Not later than 123
January 1, 2020, the Secretary shall submit a report to the joint standing 124
committee of the General Assembly having cognizance of matters 125
relating to elections, in accordance with section 11-4a of the general 126
statutes, describing such study findings and recommending legislative 127
changes necessary to address concerns presented through such study. 128
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-140(b)
Sec. 2 from passage 9-140a
Sec. 3 from passage 9-140b(a)
Sec. 4 from passage 9-140c(a)
Sec. 5 from passage 9-150a(b)
Sec. 6 from passage New section
Statement of Purpose:
To (1) no longer require an absentee ballot applicant to also return an
original of a completed application if such applicant has already
submitted a copy thereof to the town clerk by facsimile machine or
other electronic means, (2) allow two or more immediate family
members who are absentee ballot applicants to return their ballots in a
single envelope, and (3) require the Secretary of the State, municipal
clerks and registrars of voters to study various aspects of absentee
voting to make it easier and minimize ballot rejections.
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[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. FRANCE, 42nd Dist.
H.B. 6063