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General Assembly Committee Bill No. 643
January Session, 2019
LCO No. 6178
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E REPORTING OF ELECTIO N RESULTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-150b of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) The moderator shall record the result of each count of absentee 3
ballots, separately by time of count, on (1) a separate moderator's 4
return for each voting district, and (2) a separate record of the number 5
of absentee votes cast for each candidate for each voting district. 6
(b) Except as provided in subsection (c) of this section, when all 7
counting is complete the moderator shall publicly declare the result of 8
such count. [He] The moderator shall then deliver to the head 9
moderator the central counting moderator's returns, together with all 10
other information required by law or by the Secretary of the State's 11
instructions, including another tabulator tape or a photocopy, digital 12
scan or digital photograph of such tape. The head moderator shall add 13
the results from the voting tabulators, recorded on the moderator's 14
return for each polling place, to the absentee count recorded on the 15
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central counting moderator's return for the corresponding voting 16
district, in the manner prescribed by the Secretary of the State. The 17
returns so completed shall show separately the tabulator vote and the 18
absentee vote and the totals thereof, and the head moderator shall 19
attach the additional tabulator tape or the copy made of such tape to 20
such returns. 21
(c) If the absentee ballots were counted in the respective polling 22
places, pursuant to subsection (b) of section 9-147a, when all counting 23
is complete the moderator shall publicly declare the result of such 24
count as provided in section 9-309, as amended by this act, and add 25
such count to the results from the voting tabulators recorded on the 26
moderator's return. Such return shall show separately the tabulator 27
vote and the absentee vote and the totals thereof, and the moderator 28
shall attach an additional tabulator tape or a photocopy, digital scan or 29
digital photograph of such tape to such return. 30
(d) The Secretary of the State may prescribe the forms and 31
instructions for the tabulation, counting and return of the absentee 32
ballot vote. 33
(e) The sealed depository envelopes required by subsections (f) and 34
(m) of section 9-150a shall be returned by the moderator to the 35
municipal clerk as soon as practicable on or before the day following 36
the election, primary or referendum. 37
(f) The municipal clerk shall preserve for sixty days after the 38
election, primary or referendum the depository envelopes containing 39
opened envelopes and rejected ballots required by subsection (f) of 40
section 9-150a, and shall so preserve for one hundred eighty days the 41
depository envelopes containing counted ballots and related materials 42
required by subsection (m) of section 9-150a. 43
(g) No such depository envelope shall be opened except by order of 44
a court of competent jurisdiction, by the State Elections Enforcement 45
Commission pursuant to a subpoena issued under subdivision (1) of 46
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subsection (a) of section 9-7b or within five days of an election, 47
primary or referendum for the purpose of a recanvass conducted 48
pursuant to law. After such a recanvass the depository envelopes and 49
their contents shall be returned to the municipal clerk and preserved 50
for the stated period. 51
(h) For sixty days after the election, primary or referendum the 52
following shall be preserved by the municipal clerk as a public record 53
open to public inspection: (1) All executed absentee ballot application 54
forms and direction by registrar forms, as required by subdivision (i) 55
of section 9-140; (2) the list and index of applicants for presidential or 56
overseas ballots as required by section 9-158h; (3) the numerical list of 57
absentee voting sets issued as required by subsection (e) of section 9-58
140; (4) the list of the names of persons whose absentee ballots are 59
received by the municipal clerk, as required by subsection (a) of 60
section 9-140c; (5) all unused absentee ballots; and (6) all envelopes 61
containing ballots received by the municipal clerk after the close of the 62
polls, which shall remain unopened. 63
(i) For one hundred eighty days after the election, primary or 64
referendum the following shall be preserved by the municipal clerk as 65
a public record open to public inspection: (1) The affidavit regarding 66
the municipal clerk's endorsement of inner envelopes, as required by 67
subsection (a) of section 9-140c; and (2) the affidavit regarding delivery 68
and receipt of ballots, as required by subsection (j) of said section. 69
(j) At the expiration of the applicable retention period, if no contest 70
is pending and no subpoena has been issued by the State Elections 71
Enforcement Commission pursuant to subsection (1) of section 9-7b, 72
the municipal clerk shall destroy the materials preserved under this 73
section. 74
Sec. 2. Section 9-309 of the general statutes is repealed and the 75
following is substituted in lieu thereof (Effective October 1, 2019): 76
Upon the close of the polls, the moderator, in the presence of the 77
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other election officials, shall immediately lock the voting tabulator 78
against voting and immediately cause the vote totals for all candidates 79
and questions to be produced, including the production of an 80
additional tabulator tape or a photocopy, digital scan or digital 81
photograph of such original tape. The moderator shall, in the order of 82
the offices as their titles are arranged on the ballot, read and announce 83
in distinct tones the result as shown, giving the number indicated and 84
indicating the candidate to whom such total belongs, and shall read 85
the votes recorded for each office on the ballot. The moderator shall 86
also, in the same manner, announce the vote on each constitutional 87
amendment, proposition or other question voted on. The vote so 88
announced by the moderator shall be taken down by each checker and 89
recorded on the tally sheets. Each checker shall record the number of 90
votes received for each candidate on the ballot and also the number 91
received by each person for whom write-in ballots were cast. The 92
moderator shall make a preliminary list from the vote totals produced 93
by the tabulators and shall prepare such preliminary list for 94
transmission to the Secretary of the State pursuant to section 9-314. 95
After such preliminary list has been transmitted to the Secretary of the 96
State, the canvass may be temporarily interrupted, during which time 97
the moderator shall (1) return the keys for all tabulators to the 98
registrars of voters, (2) seal the tabulators against voting or being 99
tampered with, (3) prepare and seal individual envelopes for all (A) 100
write-in ballots, (B) absentee ballots, (C) moderators' returns, (D) the 101
additional tabulator tape or the photocopy, digital scan or digital 102
photograph of the original tape, and [(D)] (E) other notes, worksheets 103
or written materials used at the election, and (4) store all such 104
tabulators and envelopes in a secure place or places directed by the 105
registrars of voters. At the end of such temporary interruption, the 106
moderator shall receive such keys from the registrars and shall take 107
possession of and break the seal on all such tabulators and envelopes 108
for the purpose of completing the canvass. The result totals shall 109
remain in full public view until the statement of canvass and all other 110
reports have been fully completed and signed by the moderator, 111
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checkers and registrars, or assistant registrars, as the case may be. Any 112
other remaining result of the votes cast shall be publicly announced by 113
the moderator not later than forty-eight hours after the close of the 114
polls. Such public announcement shall consist of reading both the 115
name of each candidate, with the designating number and letter on the 116
ballot and the absentee vote as furnished to the moderator by the 117
absentee ballot counters, and also the vote cast for and against each 118
question submitted. While such announcement is being made, ample 119
opportunity shall be given to any person lawfully present to compare 120
the results so announced with the result totals provided by the 121
tabulator and any necessary corrections shall then and there be made 122
by the moderator, checkers and registrars or assistant registrars, after 123
which the compartments of the voting tabulator shall be closed and 124
locked. In canvassing, recording and announcing the result, the 125
election officials shall be guided by any instructions furnished by the 126
Secretary of the State. 127
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 9-150b
Sec. 2 October 1, 2019 9-309
Statement of Purpose:
To supplement the submission of the moderator's return to the
Secretary of the State after an election with a tabulator tape or a digital
image thereof.
[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: SEN. FASANO, 34th Dist.; SEN. WITKOS, 8th Dist.
REP. FISHBEIN, 90th Dist.
S.B. 643
Committee Bill No. 643
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