Connecticut 2019 Regular Session

Connecticut Senate Bill SB00643 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Committee Bill No. 643
8	8		January Session, 2019
9	9		LCO No. 6178
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12	12		Referred to Committee on GOVERNMENT ADMINISTRATION
13	13		AND ELECTIONS
14	14
15	15
16	16		Introduced by:
17	17		(GAE)
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21	21		AN ACT CONCERNING TH E REPORTING OF ELECTIO N RESULTS.
22	22		Be it enacted by the Senate and House of Representatives in General
23	23		Assembly convened:
24	24
25	25		Section 1. Section 9-150b of the general statutes is repealed and the 1
26	26		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	27		(a) The moderator shall record the result of each count of absentee 3
28	28		ballots, separately by time of count, on (1) a separate moderator's 4
29	29		return for each voting district, and (2) a separate record of the number 5
30	30		of absentee votes cast for each candidate for each voting district. 6
31	31		(b) Except as provided in subsection (c) of this section, when all 7
32	32		counting is complete the moderator shall publicly declare the result of 8
33	33		such count. [He] The moderator shall then deliver to the head 9
34	34		moderator the central counting moderator's returns, together with all 10
35	35		other information required by law or by the Secretary of the State's 11
36	36		instructions, including another tabulator tape or a photocopy, digital 12
37	37		scan or digital photograph of such tape. The head moderator shall add 13
38	38		the results from the voting tabulators, recorded on the moderator's 14
39		-	return for each polling place, to the absentee count recorded on the 15 Committee Bill No. 643
	39	+	return for each polling place, to the absentee count recorded on the 15
	40	+	Committee Bill No. 643
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46	45		central counting moderator's return for the corresponding voting 16
47	46		district, in the manner prescribed by the Secretary of the State. The 17
48	47		returns so completed shall show separately the tabulator vote and the 18
49	48		absentee vote and the totals thereof, and the head moderator shall 19
50	49		attach the additional tabulator tape or the copy made of such tape to 20
51	50		such returns. 21
52	51		(c) If the absentee ballots were counted in the respective polling 22
53	52		places, pursuant to subsection (b) of section 9-147a, when all counting 23
54	53		is complete the moderator shall publicly declare the result of such 24
55	54		count as provided in section 9-309, as amended by this act, and add 25
56	55		such count to the results from the voting tabulators recorded on the 26
57	56		moderator's return. Such return shall show separately the tabulator 27
58	57		vote and the absentee vote and the totals thereof, and the moderator 28
59	58		shall attach an additional tabulator tape or a photocopy, digital scan or 29
60	59		digital photograph of such tape to such return. 30
61	60		(d) The Secretary of the State may prescribe the forms and 31
62	61		instructions for the tabulation, counting and return of the absentee 32
63	62		ballot vote. 33
64	63		(e) The sealed depository envelopes required by subsections (f) and 34
65	64		(m) of section 9-150a shall be returned by the moderator to the 35
66	65		municipal clerk as soon as practicable on or before the day following 36
67	66		the election, primary or referendum. 37
68	67		(f) The municipal clerk shall preserve for sixty days after the 38
69	68		election, primary or referendum the depository envelopes containing 39
70	69		opened envelopes and rejected ballots required by subsection (f) of 40
71	70		section 9-150a, and shall so preserve for one hundred eighty days the 41
72	71		depository envelopes containing counted ballots and related materials 42
73	72		required by subsection (m) of section 9-150a. 43
74	73		(g) No such depository envelope shall be opened except by order of 44
75	74		a court of competent jurisdiction, by the State Elections Enforcement 45
76		-	Commission pursuant to a subpoena issued under subdivision (1) of 46 Committee Bill No. 643
	75	+	Commission pursuant to a subpoena issued under subdivision (1) of 46
	76	+	Committee Bill No. 643
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83	81		subsection (a) of section 9-7b or within five days of an election, 47
84	82		primary or referendum for the purpose of a recanvass conducted 48
85	83		pursuant to law. After such a recanvass the depository envelopes and 49
86	84		their contents shall be returned to the municipal clerk and preserved 50
87	85		for the stated period. 51
88	86		(h) For sixty days after the election, primary or referendum the 52
89	87		following shall be preserved by the municipal clerk as a public record 53
90	88		open to public inspection: (1) All executed absentee ballot application 54
91	89		forms and direction by registrar forms, as required by subdivision (i) 55
92	90		of section 9-140; (2) the list and index of applicants for presidential or 56
93	91		overseas ballots as required by section 9-158h; (3) the numerical list of 57
94	92		absentee voting sets issued as required by subsection (e) of section 9-58
95	93		140; (4) the list of the names of persons whose absentee ballots are 59
96	94		received by the municipal clerk, as required by subsection (a) of 60
97	95		section 9-140c; (5) all unused absentee ballots; and (6) all envelopes 61
98	96		containing ballots received by the municipal clerk after the close of the 62
99	97		polls, which shall remain unopened. 63
100	98		(i) For one hundred eighty days after the election, primary or 64
101	99		referendum the following shall be preserved by the municipal clerk as 65
102	100		a public record open to public inspection: (1) The affidavit regarding 66
103	101		the municipal clerk's endorsement of inner envelopes, as required by 67
104	102		subsection (a) of section 9-140c; and (2) the affidavit regarding delivery 68
105	103		and receipt of ballots, as required by subsection (j) of said section. 69
106	104		(j) At the expiration of the applicable retention period, if no contest 70
107	105		is pending and no subpoena has been issued by the State Elections 71
108	106		Enforcement Commission pursuant to subsection (1) of section 9-7b, 72
109	107		the municipal clerk shall destroy the materials preserved under this 73
110	108		section. 74
111	109		Sec. 2. Section 9-309 of the general statutes is repealed and the 75
112	110		following is substituted in lieu thereof (Effective October 1, 2019): 76
113		-	Upon the close of the polls, the moderator, in the presence of the 77 Committee Bill No. 643
	111	+	Upon the close of the polls, the moderator, in the presence of the 77
	112	+	Committee Bill No. 643
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120	117		other election officials, shall immediately lock the voting tabulator 78
121	118		against voting and immediately cause the vote totals for all candidates 79
122	119		and questions to be produced, including the production of an 80
123	120		additional tabulator tape or a photocopy, digital scan or digital 81
124	121		photograph of such original tape. The moderator shall, in the order of 82
125	122		the offices as their titles are arranged on the ballot, read and announce 83
126	123		in distinct tones the result as shown, giving the number indicated and 84
127	124		indicating the candidate to whom such total belongs, and shall read 85
128	125		the votes recorded for each office on the ballot. The moderator shall 86
129	126		also, in the same manner, announce the vote on each constitutional 87
130	127		amendment, proposition or other question voted on. The vote so 88
131	128		announced by the moderator shall be taken down by each checker and 89
132	129		recorded on the tally sheets. Each checker shall record the number of 90
133	130		votes received for each candidate on the ballot and also the number 91
134	131		received by each person for whom write-in ballots were cast. The 92
135	132		moderator shall make a preliminary list from the vote totals produced 93
136	133		by the tabulators and shall prepare such preliminary list for 94
137	134		transmission to the Secretary of the State pursuant to section 9-314. 95
138	135		After such preliminary list has been transmitted to the Secretary of the 96
139	136		State, the canvass may be temporarily interrupted, during which time 97
140	137		the moderator shall (1) return the keys for all tabulators to the 98
141	138		registrars of voters, (2) seal the tabulators against voting or being 99
142	139		tampered with, (3) prepare and seal individual envelopes for all (A) 100
143	140		write-in ballots, (B) absentee ballots, (C) moderators' returns, (D) the 101
144	141		additional tabulator tape or the photocopy, digital scan or digital 102
145	142		photograph of the original tape, and [(D)] (E) other notes, worksheets 103
146	143		or written materials used at the election, and (4) store all such 104
147	144		tabulators and envelopes in a secure place or places directed by the 105
148	145		registrars of voters. At the end of such temporary interruption, the 106
149	146		moderator shall receive such keys from the registrars and shall take 107
150	147		possession of and break the seal on all such tabulators and envelopes 108
151	148		for the purpose of completing the canvass. The result totals shall 109
152	149		remain in full public view until the statement of canvass and all other 110
153	150		reports have been fully completed and signed by the moderator, 111
154		-	~~checkers and registrars, or assistant registrars, as the case may be. Any 112~~ Committee Bill No. 643
	151	+	Committee Bill No. 643
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	156	+	checkers and registrars, or assistant registrars, as the case may be. Any 112
161	157		other remaining result of the votes cast shall be publicly announced by 113
162	158		the moderator not later than forty-eight hours after the close of the 114
163	159		polls. Such public announcement shall consist of reading both the 115
164	160		name of each candidate, with the designating number and letter on the 116
165	161		ballot and the absentee vote as furnished to the moderator by the 117
166	162		absentee ballot counters, and also the vote cast for and against each 118
167	163		question submitted. While such announcement is being made, ample 119
168	164		opportunity shall be given to any person lawfully present to compare 120
169	165		the results so announced with the result totals provided by the 121
170	166		tabulator and any necessary corrections shall then and there be made 122
171	167		by the moderator, checkers and registrars or assistant registrars, after 123
172	168		which the compartments of the voting tabulator shall be closed and 124
173	169		locked. In canvassing, recording and announcing the result, the 125
174	170		election officials shall be guided by any instructions furnished by the 126
175	171		Secretary of the State. 127
176	172		This act shall take effect as follows and shall amend the following
177	173		sections:
178	174
179	175		Section 1 October 1, 2019 9-150b
180	176		Sec. 2 October 1, 2019 9-309
181	177
182		-	GAE Joint Favorable
	178	+	Statement of Purpose:
	179	+	To supplement the submission of the moderator's return to the
	180	+	Secretary of the State after an election with a tabulator tape or a digital
	181	+	image thereof.
	182	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	183	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	184	+	not underlined.]
	185	+
	186	+	Co-Sponsors: SEN. FASANO, 34th Dist.; SEN. WITKOS, 8th Dist.
	187	+	REP. FISHBEIN, 90th Dist.
	188	+
	189	+	S.B. 643
	190	+
	191	+	Committee Bill No. 643
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