Connecticut 2019 Regular Session

Connecticut House Bill HB06063 Compare Versions

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06063-R02-
4		-	HB.docx
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7		-	General Assembly Substitute Bill No. 6063
	4	+	LCO No. 6381 1 of 6
	5	+
	6	+	General Assembly Committee Bill No. 6063
8	7		January Session, 2019
	8	+	LCO No. 6381
9	9
10	10
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
11	17
12	18
13	19
14	20		AN ACT CONCERNING CH ANGES TO THE PROCESS OF VO TING BY
15	21		ABSENTEE BALLOT.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Subsection (b) of section 9-140 of the general statutes is 1
20	26		repealed and the following is substituted in lieu thereof (Effective from 2
21	27		passage): 3
22	28		(b) A municipal clerk may transmit an application to a person under 4
23	29		this subsection by facsimile machine or other electronic means, if so 5
24	30		requested by the applicant. If a municipal clerk has a facsimile 6
25	31		machine or other electronic means, an applicant may return a 7
26	32		completed application to the clerk by such a machine or device. [, 8
27	33		provided the applicant shall also mail the original of the completed 9
28	34		application to the clerk, either separately or with the absentee ballot 10
29	35		that is issued to the applicant. If the clerk does not receive such 11
30	36		original application by the close of the polls on the day of the election, 12
31	37		primary or referendum, the absentee ballot shall not be counted.] 13
32		-	Sec. 2. (Effective from passage) The Secretary of the State, or the 14
33		-	Secretary's designee, in consultation with not more than two designees 15
34		-	from each of the Connecticut Town Clerks Association and the 16
35		-	Registrars of Voters Association of Connecticut, shall conduct a study 17
36		-	of (1) additional means for the return of absentee ballots by absentee 18 Substitute Bill No. 6063
	38	+	Sec. 2. Section 9-140a of the general statutes is repealed and the 14
	39	+	Committee Bill No. 6063
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38	41
39		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06063-
40		-	R02-HB.docx }
41		-	2 of 2
	42	+	LCO No. 6381 2 of 6
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43		-	ballot applicants to the clerks of the municipalities in which such 19
44		-	applicants are qualified to vote, including, but not limited to, use of 20
45		-	inter-departmental mail for such applicants who are municipal 21
46		-	employees, (2) ways to reduce the number of absentee ballots rejected 22
47		-	at elections, primaries and referenda, and (3) opportunities to 23
48		-	generally make the process of absentee voting easier. Not later than 24
49		-	January 1, 2020, the Secretary shall submit a report to the joint standing 25
50		-	committee of the General Assembly having cognizance of matters 26
51		-	relating to elections, in accordance with section 11-4a of the general 27
52		-	statutes, describing such study findings and recommending legislative 28
53		-	changes necessary to address concerns presented through such study. 29
	44	+	following is substituted in lieu thereof (Effective from passage): 15
	45	+	Each absentee ballot applicant shall sign the form on the inner 16
	46	+	envelope provided for in section 9-137, which shall constitute a 17
	47	+	statement under the penalties of false statement in absentee balloting. 18
	48	+	Any absentee ballot applicant who is unable to write may cause his 19
	49	+	name to be signed on the form by an authorized agent who shall, in the 20
	50	+	space provided for the signature, write the name of the applicant 21
	51	+	followed by the word "by" and his own signature. The failure of the 22
	52	+	applicant or authorized agent to date the form shall not invalidate the 23
	53	+	ballot. [The] Prior to the return of the ballot to the municipal clerk, the 24
	54	+	ballot shall be inserted in the inner envelope, and the inner envelope 25
	55	+	shall be inserted in the outer envelope, [prior to the return of the ballot 26
	56	+	to the municipal clerk] except that in the case of two or more 27
	57	+	applicants who are members of the immediate family, as defined in 28
	58	+	section 9-140b, as amended by this act, of each other, the respective 29
	59	+	inner envelopes of such applicants may be inserted in a single outer 30
	60	+	envelope. If an applicant is required to return identification with the 31
	61	+	ballot pursuant to the Help America Vote Act, P.L. 107-252, as 32
	62	+	amended from time to time, such identification shall be inserted in the 33
	63	+	outer envelope so such identification can be viewed without opening 34
	64	+	the inner envelope. 35
	65	+	Sec. 3. Subsection (a) of section 9-140b of the general statutes is 36
	66	+	repealed and the following is substituted in lieu thereof (Effective from 37
	67	+	passage): 38
	68	+	(a) An absentee ballot shall be cast at a primary, election or 39
	69	+	referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a 40
	70	+	designee of a person who applies for an absentee ballot because of 41
	71	+	illness or physical disability, [or] (C) a member of the immediate 42
	72	+	family of an applicant who is a student, or (D) a member of the 43
	73	+	immediate family of an applicant, which member is also an applicant, 44
	74	+	in the same outer envelope as such member, as described in section 9-45
	75	+	140a, as amended by this act, so that it is received by the clerk of the 46
	76	+	Committee Bill No. 6063
	77	+
	78	+
	79	+	LCO No. 6381 3 of 6
	80	+
	81	+	municipality in which the applicant is qualified to vote not later than 47
	82	+	the close of the polls; (2) it is returned by the applicant in person to the 48
	83	+	clerk by the day before a regular election, special election or primary or 49
	84	+	prior to the opening of the polls on the day of a referendum; (3) it is 50
	85	+	returned by a designee of an ill or physically disabled [ballot] 51
	86	+	applicant, in person, to said clerk not later than the close of the polls on 52
	87	+	the day of the election, primary or referendum; (4) it is returned by a 53
	88	+	member of the immediate family of the [absentee voter] applicant, in 54
	89	+	person, to said clerk not later than the close of the polls on the day of 55
	90	+	the election, primary or referendum; (5) it is returned by a member of 56
	91	+	the immediate family of the applicant, which member is also an 57
	92	+	applicant, in the same outer envelope as such member, as described in 58
	93	+	section 9-140a, as amended by this act, in person, to said clerk not later 59
	94	+	than the close of the polls on the day of the election, primary or 60
	95	+	referendum; (6) in the case of a presidential or overseas ballot, it is 61
	96	+	mailed or otherwise returned pursuant to the provisions of section 9-62
	97	+	158g; or [(6)] (7) it is returned with the proper identification as 63
	98	+	required by the Help America Vote Act, P.L. 107-252, as amended from 64
	99	+	time to time, if applicable, inserted in the outer envelope so such 65
	100	+	identification can be viewed without opening the inner envelope. A 66
	101	+	person returning an absentee ballot to the municipal clerk pursuant to 67
	102	+	subdivision (3), [or] (4) or (5) of this subsection shall present 68
	103	+	identification and, on the outer envelope of the absentee ballot, sign his 69
	104	+	name in the presence of the municipal clerk, and indicate his address, 70
	105	+	his relationship to the voter or his position, and the date and time of 71
	106	+	such return. As used in this section, "immediate family" means a 72
	107	+	dependent relative who resides in the individual's household or any 73
	108	+	spouse, child or parent of the individual. 74
	109	+	Sec. 4. Subsection (a) of section 9-140c of the general statutes is 75
	110	+	repealed and the following is substituted in lieu thereof (Effective from 76
	111	+	passage): 77
	112	+	(a) The municipal clerk shall retain the envelopes containing 78
	113	+	absentee ballots received by [him] such clerk under section 9-140b, as 79
	114	+	Committee Bill No. 6063
	115	+
	116	+
	117	+	LCO No. 6381 4 of 6
	118	+
	119	+	amended by this act, and shall not open such envelopes. In the case of 80
	120	+	absentee ballots received by such clerk from two or more applicants 81
	121	+	who are members of the immediate family, as defined in section 9-82
	122	+	140b, as amended by this act, of each other such that the respective 83
	123	+	inner envelopes of such applicants are received in a single outer 84
	124	+	envelope, such clerk shall process such ballots, as nearly as practicable 85
	125	+	and in the manner prescribed by the Secretary of the State, as such 86
	126	+	clerk processes single absentee ballots and inner envelopes received in 87
	127	+	single outer envelopes. The municipal clerk shall endorse over his 88
	128	+	signature, upon each outer envelope as he receives it, the date and 89
	129	+	precise time of its receipt. The clerk shall make an affidavit attesting to 90
	130	+	the accuracy of all such endorsements, and at the close of the polls 91
	131	+	shall deliver such affidavit to the head moderator, who shall endorse 92
	132	+	the time of its receipt and return it to the clerk after all counting is 93
	133	+	complete. The clerk shall preserve the affidavit for one hundred eighty 94
	134	+	days in accordance with the requirements of section 9-150b. The clerk 95
	135	+	shall keep a list of the names of the applicants who return absentee 96
	136	+	ballots to the clerk under section 9-140b, as amended by this act. The 97
	137	+	list shall be preserved as a public record as required by section 9-150b. 98
	138	+	Sec. 5. Subsection (b) of section 9-150a of the general statutes is 99
	139	+	repealed and the following is substituted in lieu thereof (Effective from 100
	140	+	passage): 101
	141	+	(b) At the time each group of ballots is delivered to them pursuant 102
	142	+	to section 9-140c, as amended by this act, the counters shall perform 103
	143	+	any checking of such ballots required by subsection (i) of said section 104
	144	+	and shall then proceed as hereinafter provided. In the case of ballots 105
	145	+	from two or more applicants who are members of the immediate 106
	146	+	family, as defined in section 9-140b, as amended by this act, of each 107
	147	+	other such that the respective inner envelopes of such applicants are 108
	148	+	received in a single outer envelope, such counters shall process such 109
	149	+	ballots, as nearly as practicable and in the manner prescribed by the 110
	150	+	Secretary of the State, as such counters process single absentee ballots 111
	151	+	and inner envelopes received in single outer envelopes. 112
	152	+	Committee Bill No. 6063
	153	+
	154	+
	155	+	LCO No. 6381 5 of 6
	156	+
	157	+	Sec. 6. (Effective from passage) The Secretary of the State, or the 113
	158	+	Secretary's designee, in consultation with not more than two designees 114
	159	+	from each of the Connecticut Town Clerks Association and the 115
	160	+	Registrars of Voters Association of Connecticut, shall conduct a study 116
	161	+	of (1) additional means for the return of absentee ballots by absentee 117
	162	+	ballot applicants to the clerks of the municipalities in which such 118
	163	+	applicants are qualified to vote, including, but not limited to, use of 119
	164	+	inter-departmental mail for such applicants who are municipal 120
	165	+	employees, (2) ways to reduce the number of absentee ballots rejected 121
	166	+	at elections, primaries and referenda, and (3) opportunities to 122
	167	+	generally make the process of absentee voting easier. Not later than 123
	168	+	January 1, 2020, the Secretary shall submit a report to the joint standing 124
	169	+	committee of the General Assembly having cognizance of matters 125
	170	+	relating to elections, in accordance with section 11-4a of the general 126
	171	+	statutes, describing such study findings and recommending legislative 127
	172	+	changes necessary to address concerns presented through such study. 128
54	173		This act shall take effect as follows and shall amend the following
55	174		sections:
56	175
57	176		Section 1 from passage 9-140(b)
58		-	Sec. 2 from passage New section
	177	+	Sec. 2 from passage 9-140a
	178	+	Sec. 3 from passage 9-140b(a)
	179	+	Sec. 4 from passage 9-140c(a)
	180	+	Sec. 5 from passage 9-150a(b)
	181	+	Sec. 6 from passage New section
59	182
60		-	GAE Joint Favorable Subst.
	183	+	Statement of Purpose:
	184	+	To (1) no longer require an absentee ballot applicant to also return an
	185	+	original of a completed application if such applicant has already
	186	+	submitted a copy thereof to the town clerk by facsimile machine or
	187	+	other electronic means, (2) allow two or more immediate family
	188	+	members who are absentee ballot applicants to return their ballots in a
	189	+	single envelope, and (3) require the Secretary of the State, municipal
	190	+	clerks and registrars of voters to study various aspects of absentee
	191	+	voting to make it easier and minimize ballot rejections.
	192	+	Committee Bill No. 6063
	193	+
	194	+
	195	+	LCO No. 6381 6 of 6
	196	+
	197	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	198	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	199	+	not underlined.]
	200	+
	201	+	Co-Sponsors: REP. FRANCE, 42nd Dist.
	202	+
	203	+	H.B. 6063
	204	+
61	205