Connecticut 2020 Regular Session

Connecticut House Bill HB07005 Compare Versions

OldNewDifferences
1+
2+
3+LCO No. 4366 1 of 15
4+
5+General Assembly Bill No. 7005
6+September Special Session, 2020
7+LCO No. 4366
8+
9+
10+Referred to Committee on No Committee
11+
12+
13+Introduced by:
14+REP. ARESIMOWICZ, 30
15+th
16+ Dist.
17+SEN. LOONEY, 11
18+th
19+ Dist.
20+SEN. DUFF, 25
21+th
22+ Dist.
23+REP. RITTER M., 1
24+st
25+ Dist.
126
227
328
4-House Bill No. 7005
529
6-September Special Session, Public Act No. 20-4
730
831
932 AN ACT CONCERNING A MUNICIPAL ELECTION MONITOR AT THE
10-2020 STATE ELECTION AND PROCESSING OF AB SENTEE
11-BALLOTS FOR THE 2020 STATE ELECTION.
33+2020 STATE ELECTION AND PROCESSING OF AB SENTEE BALLOTS
34+FOR THE 2020 STATE ELECTION.
1235 Be it enacted by the Senate and House of Representatives in General
1336 Assembly convened:
1437
15-Section 1. (Effective from passage) (a) There shall be, in any
16-municipality with a population of at least one hundred forty thousand,
17-an election monitor for the state election in 2020 to detect and prevent
18-irregularity and impropriety in the management of election
19-administration procedures and the conduct of said election in such
20-municipality. The office of the Secretary of the State shall contract with
21-an individual to serve in such capacity as election monitor until
22-December 31, 2020, unless such contract is terminated for any reason by
23-the Secretary of the State prior to said date. Such election monitor shall:
24-(1) Not be considered a state employee; (2) be compensated in
25-accordance with such contract; and (3) be reimbursed for necessary
26-expenses incurred in the performance of his or her duties. Costs related
27-to the service of such election monitor shall be paid from federal funds
28-allocated to the Secretary to address the effects of COVID-19 on the
29-conduct of elections. Such municipality shall provide for such election
30-monitor any office space, supplies, equipment and services necessary to
31-properly carry out the duties and responsibilities of the position. For
32-purposes of this subsection, (A) "population" means the estimated House Bill No. 7005
38+Section 1. (Effective from passage) (a) There shall be, in any 1
39+municipality with a population of at least one hundred forty thousand, 2
40+an election monitor for the state election in 2020 to detect and prevent 3
41+irregularity and impropriety in the management of election 4
42+administration procedures and the conduct of said election in such 5
43+municipality. The office of the Secretary of the State shall contract with 6
44+an individual to serve in such capacity as election monitor until 7
45+December 31, 2020, unless such contract is terminated for any reason by 8
46+the Secretary of the State prior to said date. Such election monitor shall: 9
47+(1) Not be considered a state employee; (2) be compensated in 10
48+accordance with such contract; and (3) be reimbursed for necessary 11
49+expenses incurred in the performance of his or her duties. Costs related 12
50+Bill No.
3351
34-Sept. Sp. Sess., Public Act No. 20-4 2 of 15
3552
36-number of people according to the most recent version of the State
37-Register and Manual prepared pursuant to section 3-90 of the general
38-statutes, and (B) "COVID-19" means the respiratory disease designated
39-by the World Health Organization on February 11, 2020, as coronavirus
40-2019, and any related mutation thereof recognized by said organization
41-as a communicable respiratory disease.
42-(b) An election monitor appointed under subsection (a) of this section
43-shall: (1) Conduct inspections, inquiries and investigations relating to
44-any duty or responsibility under title 9 of the general statutes to be
45-carried out by any official of the municipality or appointee of such
46-official; (2) have access to all records, data and material maintained by
47-or available to any such official or appointee; and (3) immediately report
48-to the Secretary of the State any irregularity or impropriety in the
49-performance of any duty or responsibility described in subdivision (1)
50-of this subsection. Nothing in this section shall be construed to prohibit
51-the State Elections Enforcement Commission from taking any action
52-authorized under section 9-7b of the general statutes.
53-Sec. 2. Section 9-140c of the general statutes, as amended by section 6
54-of public act 20-3 of the July special session, is repealed and the
55-following is substituted in lieu thereof (Effective from passage):
56-(a) The municipal clerk shall retain the envelopes containing absentee
57-ballots received by him under section 9-140b and shall not open such
58-envelopes. The municipal clerk shall endorse over his signature, upon
59-each outer envelope as he receives it, the date and precise time of its
60-receipt. The clerk shall make an affidavit attesting to the accuracy of all
61-such endorsements, and at the close of the polls shall deliver such
62-affidavit to the head moderator, who shall endorse the time of its receipt
63-and return it to the clerk after all counting is complete. The clerk shall
64-preserve the affidavit for one hundred eighty days in accordance with
65-the requirements of section 9-150b. The clerk shall keep a list of the
66-names of the applicants who return absentee ballots to the clerk under House Bill No. 7005
6753
68-Sept. Sp. Sess., Public Act No. 20-4 3 of 15
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6955
70-section 9-140b. The list shall be preserved as a public record as required
71-by section 9-150b.
72-(b) (1) (A) Except as provided in subparagraph (B) of this subdivision,
73-[(2) of this subsection,] beginning not earlier than the seventh day before
74-the election, primary or referendum and on any weekday thereafter, all
75-absentee ballots received by the municipal clerk [not later than] at or
76-prior to eleven o'clock a.m. of such day may be sorted into voting
77-districts by the municipal clerk and checked as provided in this
78-[subsection] subparagraph. On any such day, beginning as soon as the
79-ballots have been sorted, the registrars of voters, without opening the
80-outer envelopes, may check the names of the applicants returning
81-ballots on the official checklist to be used at the election, primary or
82-referendum by indicating "absentee" or "A" preceding each such name
83-and, if unaffiliated electors are authorized under section 9-431 to vote in
84-the primary of either of two parties, the designation of the party in
85-which the applicants are voting preceding each such name. Unless
86-absentee ballots are to be counted in the respective polling places,
87-pursuant to subsection (b) of section 9-147a, the registrars shall also
88-place such indication on a duplicate [of the] checklist to be retained by
89-the municipal clerk until [he] the municipal clerk delivers [it] such
90-duplicate checklist to the registrars, [at twelve o'clock noon, except as
91-provided in subparagraph (A) of subdivision (2) of subsection (e) of this
92-section, on election, primary or referendum day] in accordance with
93-subsection (e) of this section, for the use of the absentee ballot counters
94-pursuant to subsection (i) of this section.
95-(B) For the state election in 2020, beginning on the fourteenth day
96-before the election and on any weekday thereafter, all absentee ballots
97-received by the municipal clerk at or prior to eleven o'clock a.m. of such
98-day may be sorted into voting districts by the municipal clerk and
99-checked as provided in subparagraph (A) of this subdivision.
100-(2) All absentee ballots received [not later than] at or prior to eleven House Bill No. 7005
56+to the service of such election monitor shall be paid from federal funds 13
57+allocated to the Secretary to address the effects of COVID-19 on the 14
58+conduct of elections. Such municipality shall provide for such election 15
59+monitor any office space, supplies, equipment and services necessary to 16
60+properly carry out the duties and responsibilities of the position. For 17
61+purposes of this subsection, (A) "population" means the estimated 18
62+number of people according to the most recent version of the State 19
63+Register and Manual prepared pursuant to section 3-90 of the general 20
64+statutes, and (B) "COVID-19" means the respiratory disease designated 21
65+by the World Health Organization on February 11, 2020, as coronavirus 22
66+2019, and any related mutation thereof recognized by said organization 23
67+as a communicable respiratory disease. 24
68+(b) An election monitor appointed under subsection (a) of this section 25
69+shall: (1) Conduct inspections, inquiries and investigations relating to 26
70+any duty or responsibility under title 9 of the general statutes to be 27
71+carried out by any official of the municipality or appointee of such 28
72+official; (2) have access to all records, data and material maintained by 29
73+or available to any such official or appointee; and (3) immediately report 30
74+to the Secretary of the State any irregularity or impropriety in the 31
75+performance of any duty or responsibility described in subdivision (1) 32
76+of this subsection. Nothing in this section shall be construed to prohibit 33
77+the State Elections Enforcement Commission from taking any action 34
78+authorized under section 9-7b of the general statutes. 35
79+Sec. 2. Section 9-140c of the general statutes, as amended by section 6 36
80+of public act 20-3 of the July special session, is repealed and the 37
81+following is substituted in lieu thereof (Effective from passage): 38
82+(a) The municipal clerk shall retain the envelopes containing absentee 39
83+ballots received by him under section 9-140b and shall not open such 40
84+envelopes. The municipal clerk shall endorse over his signature, upon 41
85+each outer envelope as he receives it, the date and precise time of its 42
86+receipt. The clerk shall make an affidavit attesting to the accuracy of all 43
87+such endorsements, and at the close of the polls shall deliver such 44
88+Bill No.
10189
102-Sept. Sp. Sess., Public Act No. 20-4 4 of 15
10390
104-o'clock a.m. of the last day before the election, primary or referendum
105-which is not a Sunday or legal holiday, shall be [so] sorted into voting
106-districts by the municipal clerk and checked as provided in
107-subparagraph (A) of subdivision (1) of this subsection not later than
108-such last day.
109-[(2) For the state election in 2020, beginning the fourteenth day before
110-the election and on any weekday thereafter, all absentee ballots received
111-by the municipal clerk not later than eleven o'clock a.m. of such day may
112-be sorted into voting districts by the municipal clerk and checked as
113-provided in subdivision (1) of this subsection.]
114-(c) If the name of the applicant returning the ballot is not on the
115-official checklist for any polling place in such municipality, the
116-registrars shall endorse on the face of such outer envelope the word
117-"rejected", followed by a statement of the reasons for rejection, and the
118-outer envelope shall not be opened or the ballot counted.
119-(d) After such checking has been completed on any such day, the
120-municipal clerk shall seal the unopened ballots in a package and retain
121-them in a safe place.
122-(e) (1) Except as provided in subdivision (2) of this subsection, ballots
123-received [not later than] at or prior to eleven o'clock a.m. on [such] the
124-last day before the election, primary or referendum shall be delivered
125-by the municipal clerk to the registrars [not earlier than] between ten
126-o'clock a.m. and [not later than] twelve o'clock noon on the day of the
127-election or primary and at twelve o'clock noon on the day of a
128-referendum. Unless absentee ballots are to be counted in the respective
129-polling places, pursuant to subsection (b) of section 9-147a, the
130-municipal clerk shall also deliver to the registrars at this time the
131-duplicate checklist provided for in subsection (b) of this section, for the
132-use of the absentee ballot counters pursuant to subsection (i) of this
133-section. House Bill No. 7005
13491
135-Sept. Sp. Sess., Public Act No. 20-4 5 of 15
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13693
137-(2) (A) For the state election in 2020: [, ballots]
138-(i) Ballots received, sorted and checked prior to five o'clock p.m. on
139-the (I) fourth day before the election may be delivered by the municipal
140-clerk to the registrars at five o'clock p.m. on such fourth day, (II) third
141-day before the election may be so delivered at five o'clock p.m. on such
142-third day, and (III) second day before the election may be so delivered
143-at five o'clock p.m. on such second day;
144-(ii) Ballots received not later than eleven o'clock a.m. on [such] the
145-last day before the election shall be delivered by the municipal clerk to
146-the registrars at six o'clock a.m. on the day of the election; [.] and
147-(iii) Each time ballots are delivered pursuant to this subparagraph,
148-the municipal clerk shall also deliver to the registrars at such time a copy
149-of the duplicate checklist provided for in subsection (b) of this section,
150-current as of the time of such delivery, for the use of the absentee ballot
151-counters pursuant to subsection (i) of this section.
152-(B) The municipal clerk may deliver the ballots at [a time that is] times
153-later than [the time] those provided in subdivision (1) of this subsection
154-or subparagraph (A) of this subdivision, as applicable, provided any
155-such time is mutually agreed upon by the municipal clerk and registrars
156-and is not later than eight o'clock p.m. on the day of the election, primary
157-or referendum.
158-(f) Absentee ballots timely received by the clerk after eleven o'clock
159-a.m. of such last day before an election, primary or referendum shall be
160-sorted into voting districts by the clerk and retained by the clerk
161-separately until delivered to the registrars of voters for checking.
162-(g) Any or all of such ballots received after eleven o'clock a.m. of such
163-last day before an election, primary or referendum and before six o'clock
164-p.m. on the day of the election, primary or referendum shall, upon
165-request of the registrars, be delivered to the registrars by the municipal House Bill No. 7005
94+affidavit to the head moderator, who shall endorse the time of its receipt 45
95+and return it to the clerk after all counting is complete. The clerk shall 46
96+preserve the affidavit for one hundred eighty days in accordance with 47
97+the requirements of section 9-150b. The clerk shall keep a list of the 48
98+names of the applicants who return absentee ballots to the clerk under 49
99+section 9-140b. The list shall be preserved as a public record as required 50
100+by section 9-150b. 51
101+(b) (1) (A) Except as provided in subparagraph (B) of this subdivision, 52
102+[(2) of this subsection,] beginning not earlier than the seventh day before 53
103+the election, primary or referendum and on any weekday thereafter, all 54
104+absentee ballots received by the municipal clerk [not later than] at or 55
105+prior to eleven o'clock a.m. of such day may be sorted into voting 56
106+districts by the municipal clerk and checked as provided in this 57
107+[subsection] subparagraph. On any such day, beginning as soon as the 58
108+ballots have been sorted, the registrars of voters, without opening the 59
109+outer envelopes, may check the names of the applicants returning 60
110+ballots on the official checklist to be used at the election, primary or 61
111+referendum by indicating "absentee" or "A" preceding each such name 62
112+and, if unaffiliated electors are authorized under section 9-431 to vote in 63
113+the primary of either of two parties, the designation of the party in 64
114+which the applicants are voting preceding each such name. Unless 65
115+absentee ballots are to be counted in the respective polling places, 66
116+pursuant to subsection (b) of section 9-147a, the registrars shall also 67
117+place such indication on a duplicate [of the] checklist to be retained by 68
118+the municipal clerk until [he] the municipal clerk delivers [it] such 69
119+duplicate checklist to the registrars, [at twelve o'clock noon, except as 70
120+provided in subparagraph (A) of subdivision (2) of subsection (e) of this 71
121+section, on election, primary or referendum day] in accordance with 72
122+subsection (e) of this section, for the use of the absentee ballot counters 73
123+pursuant to subsection (i) of this section. 74
124+(B) For the state election in 2020, beginning on the fourteenth day 75
125+before the election and on any weekday thereafter, all absentee ballots 76
126+received by the municipal clerk at or prior to eleven o'clock a.m. of such 77
127+Bill No.
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167-Sept. Sp. Sess., Public Act No. 20-4 6 of 15
168129
169-clerk at six o'clock p.m. on the day of the election, primary or
170-referendum for checking, or at a later time mutually agreed upon by the
171-clerk and registrars, provided such time is not later than eight o'clock
172-p.m. on the day of the election, primary or referendum.
173-(h) Absentee ballots received after six o'clock p.m. on the day of the
174-election, primary or referendum and any ballots received prior to six
175-o'clock p.m. of such day which were not delivered earlier shall be
176-delivered to the registrars at the close of the polls for checking. Although
177-absentee ballots shall be checked by the registrars of voters at various
178-times throughout the election, primary or referendum day, absentee
179-ballots may be counted at one single time during such day.
180-(i) (1) Except as otherwise provided in this subsection, the absentee
181-ballot counters, upon receipt of the ballots delivered by the municipal
182-clerk to the registrars at six o'clock p.m. on the day of the election,
183-primary or referendum and at the close of the polls pursuant to
184-subsections (g) and (h) of this section, shall check the names of the
185-applicants returning ballots on the duplicate checklist in the same
186-manner as provided in subsections (b) and (c) of this section.
187-(2) (A) Except as provided in subparagraph (B) of this subdivision,
188-the names of applicants whose ballots were delivered at six o'clock p.m.
189-on the day of the election, primary or referendum shall be called in to
190-the appropriate polling places where they shall be checked by the
191-checkers on the official checklists, and they shall also be checked by the
192-absentee ballot counters on the duplicate checklist required under
193-subsection (b) of this section.
194-(B) Whenever absentee ballots are counted in any polling place
195-pursuant to subsection (b) of section 9-147a, the names of applicants
196-whose ballots were delivered at six o'clock p.m. on the day of the
197-election, primary or referendum shall be checked by the absentee ballot
198-counters and checkers at such polling place on the official checklist used House Bill No. 7005
199130
200-Sept. Sp. Sess., Public Act No. 20-4 7 of 15
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201132
202-at such polling place.
203-(3) (A) Except as provided in subparagraph (B) of this subdivision,
204-the names of applicants whose ballots were delivered at the close of the
205-polls shall be checked by the absentee ballot counters on the official
206-checklists used at the polling places and such official checklists, bearing
207-the certifications required by section 9-307, shall be delivered by the
208-registrars or assistant registrars to the central counting moderator for
209-that purpose.
210-(B) Whenever absentee ballots are counted in any polling place
211-pursuant to subsection (b) of section 9-147a, the official checklist used at
212-such polling place shall remain in such polling place for checking by the
213-absentee ballot counters at such polling place.
214-(4) If the name of an applicant returning a ballot has been checked on
215-the official checklist as having voted in person the absentee ballot
216-counters shall, in checking the ballots, endorse on the face of the outer
217-envelope the word "rejected" followed by a statement of the reason for
218-rejection, and the outer envelope shall not be opened or the ballot
219-counted.
220-(5) (A) Except as provided in subparagraph (B) of this subdivision,
221-when central counting is completed and the result is announced, the
222-central counting moderator shall deliver the duplicate checklist, the
223-official checklists and the returns required by section 9-150b to the head
224-moderator.
225-(B) Whenever absentee ballots are counted in any polling place
226-pursuant to subsection (b) of section 9-147a, and such counting is
227-completed and the result for such polling place is announced, the
228-moderator for such polling place shall deliver the official checklist used
229-at such polling place and the return required by section 9-150b to the
230-head moderator. House Bill No. 7005
133+day may be sorted into voting districts by the municipal clerk and 78
134+checked as provided in subparagraph (A) of this subdivision. 79
135+(2) All absentee ballots received [not later than] at or prior to eleven 80
136+o'clock a.m. of the last day before the election, primary or referendum 81
137+which is not a Sunday or legal holiday, shall be [so] sorted into voting 82
138+districts by the municipal clerk and checked as provided in 83
139+subparagraph (A) of subdivision (1) of this subsection not later than 84
140+such last day. 85
141+[(2) For the state election in 2020, beginning the fourteenth day before 86
142+the election and on any weekday thereafter, all absentee ballots received 87
143+by the municipal clerk not later than eleven o'clock a.m. of such day may 88
144+be sorted into voting districts by the municipal clerk and checked as 89
145+provided in subdivision (1) of this subsection.] 90
146+(c) If the name of the applicant returning the ballot is not on the 91
147+official checklist for any polling place in such municipality, the 92
148+registrars shall endorse on the face of such outer envelope the word 93
149+"rejected", followed by a statement of the reasons for rejection, and the 94
150+outer envelope shall not be opened or the ballot counted. 95
151+(d) After such checking has been completed on any such day, the 96
152+municipal clerk shall seal the unopened ballots in a package and retain 97
153+them in a safe place. 98
154+(e) (1) Except as provided in subdivision (2) of this subsection, ballots 99
155+received [not later than] at or prior to eleven o'clock a.m. on [such] the 100
156+last day before the election, primary or referendum shall be delivered 101
157+by the municipal clerk to the registrars [not earlier than] between ten 102
158+o'clock a.m. and [not later than] twelve o'clock noon on the day of the 103
159+election or primary and at twelve o'clock noon on the day of a 104
160+referendum. Unless absentee ballots are to be counted in the respective 105
161+polling places, pursuant to subsection (b) of section 9-147a, the 106
162+municipal clerk shall also deliver to the registrars at this time the 107
163+duplicate checklist provided for in subsection (b) of this section, for the 108
164+Bill No.
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232-Sept. Sp. Sess., Public Act No. 20-4 8 of 15
233166
234-(j) Each time absentee ballots are delivered by the clerk to the
235-registrars [on election, primary or referendum day] pursuant to this
236-section, the clerk and registrars shall execute an affidavit of delivery and
237-receipt stating the number of ballots delivered. The clerk shall preserve
238-the affidavit for [six months in accordance with] the period prescribed
239-in section 9-150b.
240-(k) (1) [Each group of absentee ballots shall be counted by the
241-absentee ballot counters when received from the registrars on election,
242-primary or referendum day, in the manner provided in section 9-150a.]
243-Except as provided in subdivision (2) of this subsection, the absentee
244-ballot counters shall count, in the manner provided in section 9-150a,
245-each group of absentee ballots upon receipt from the registrars.
246-(2) For the state election in 2020, whenever absentee ballots are to be
247-processed before the day of the election, pursuant to subdivision (1) of
248-subsection (c) of section 9-147a, the absentee ballot counters shall
249-process, in the manner provided in section 5 of this act, each group of
250-absentee ballots upon receipt from the registrars.
251-(l) The municipal clerk shall retain all outer envelopes containing
252-absentee ballots received by him after the close of the polls, unopened,
253-for the period prescribed in section 9-150b.
254-Sec. 3. Section 9-147a of the general statutes is repealed and the
255-following is substituted in lieu thereof (Effective from passage):
256-(a) Except as provided in subsection (b) or (c) of this section, at any
257-election, primary or referendum, all absentee ballots shall, within
258-existing resources, be counted in the manner provided in section 9-150a
259-at a central location designated by the registrars of voters in writing to
260-the municipal clerk at least twenty days before the election, primary or
261-referendum, which location shall be published in the warning for the
262-election, primary or referendum. Except as provided in subsection (b) of House Bill No. 7005
263167
264-Sept. Sp. Sess., Public Act No. 20-4 9 of 15
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266-this section, if unaffiliated electors are authorized under section 9-431 to
267-vote in the primary of either of two parties, all absentee ballots shall be
268-separated, counted, tallied and placed in depository envelopes by
269-voting district. Any member of the public may observe the counting of
270-absentee ballots at such central location.
271-(b) At any election, primary or referendum, all absentee ballots may
272-be counted in the manner provided in section 9-150a in the respective
273-polling places if the registrars of voters agree that such absentee ballots
274-should be so counted. If unaffiliated electors are authorized under
275-section 9-431 to vote in the primary of either of two parties, absentee
276-ballots may be counted in the respective polling places if the parties
277-agree that such absentee ballots should be so counted. Any election
278-official serving in a polling place may observe the counting of absentee
279-ballots at such polling place.
280-(c) (1) For the state election in 2020, absentee ballots may be processed
281-before the day of the election in the manner provided in section 5 of this
282-act. Any such processing shall take place at a central location designated
283-by the registrars of voters in writing to the municipal clerk at least ten
284-days before the election, which location shall be published in the
285-warning for the election.
286-(2) If absentee ballots are to be processed pursuant to subdivision (1)
287-of this subsection, the registrars of voters and municipal clerk shall
288-jointly certify such fact in writing to the Secretary of the State at least ten
289-days before the election. Such written certification shall (A) include the
290-name, street address and relevant contact information associated with
291-the designated central location, and (B) list the name and address of each
292-absentee ballot counter appointed pursuant to section 9-147c. The
293-Secretary shall approve or disapprove such written certification not later
294-than two days after receipt of such certification and may require the
295-appointment of one or more additional absentee ballot counters. House Bill No. 7005
170+use of the absentee ballot counters pursuant to subsection (i) of this 109
171+section. 110
172+(2) (A) For the state election in 2020: [, ballots] 111
173+(i) Ballots received, sorted and checked prior to five o'clock p.m. on 112
174+the (I) fourth day before the election may be delivered by the municipal 113
175+clerk to the registrars at five o'clock p.m. on such fourth day, (II) third 114
176+day before the election may be so delivered at five o'clock p.m. on such 115
177+third day, and (III) second day before the election may be so delivered 116
178+at five o'clock p.m. on such second day; 117
179+(ii) Ballots received not later than eleven o'clock a.m. on [such] the 118
180+last day before the election shall be delivered by the municipal clerk to 119
181+the registrars at six o'clock a.m. on the day of the election; [.] and 120
182+(iii) Each time ballots are delivered pursuant to this subparagraph, 121
183+the municipal clerk shall also deliver to the registrars at such time a copy 122
184+of the duplicate checklist provided for in subsection (b) of this section, 123
185+current as of the time of such delivery, for the use of the absentee ballot 124
186+counters pursuant to subsection (i) of this section. 125
187+(B) The municipal clerk may deliver the ballots at [a time that is] times 126
188+later than [the time] those provided in subdivision (1) of this subsection 127
189+or subparagraph (A) of this subdivision, as applicable, provided any 128
190+such time is mutually agreed upon by the municipal clerk and registrars 129
191+and is not later than eight o'clock p.m. on the day of the election, primary 130
192+or referendum. 131
193+(f) Absentee ballots timely received by the clerk after eleven o'clock 132
194+a.m. of such last day before an election, primary or referendum shall be 133
195+sorted into voting districts by the clerk and retained by the clerk 134
196+separately until delivered to the registrars of voters for checking. 135
197+(g) Any or all of such ballots received after eleven o'clock a.m. of such 136
198+last day before an election, primary or referendum and before six o'clock 137
199+Bill No.
296200
297-Sept. Sp. Sess., Public Act No. 20-4 10 of 15
298201
299-(3) In the case of absentee ballots delivered to the registrars on the
300-day of the election, nothing in this subsection shall preclude the
301-counting of such absentee ballots in the respective polling places
302-pursuant to subsection (b) of this section.
303-Sec. 4. Section 9-225 of the general statutes is repealed and the
304-following is substituted in lieu thereof (Effective from passage):
305-(a) [The] (1) Except as provided in subdivision (2) of this subsection,
306-the town clerk or assistant town clerk of each town shall warn the
307-electors therein to meet on the Tuesday following the first Monday in
308-November in the even-numbered years, at six o'clock a.m., which
309-warning shall be given by publication in a newspaper having a general
310-circulation in such town, or towns in the case of a joint publication under
311-subsection (b) of this section, not more than fifteen nor less than five
312-days previous to holding such election. The clerk in each town shall, in
313-the warning for such election, give notice of the time and the location of
314-the polling place in the town, and in towns divided into voting districts,
315-of the time and the location of the polling place in each district, at which
316-such election will be held. The town clerk shall record each such
317-warning.
318-(2) For the state election in 2020, the warning under subsection (a) of
319-this section shall be given not more than seven nor less than four days
320-previous to holding such election.
321-(b) Notwithstanding the provisions of any charter or home rule
322-ordinance, the warning under subsection (a) of this section may be
323-published jointly by two or more towns in a newspaper, provided all
324-other requirements of this section with respect to such warning are met.
325-Sec. 5. (NEW) (Effective from passage) Notwithstanding the provisions
326-of section 9-150a of the general statutes, for the state election in 2020, in
327-any municipality in which absentee ballots are processed pursuant to House Bill No. 7005
328202
329-Sept. Sp. Sess., Public Act No. 20-4 11 of 15
203+LCO No. 4366 6 of 15
330204
331-subdivision (1) of subsection (c) of section 9-147a of the general statutes:
332-(a) (1) Not earlier than five o'clock p.m. on the fourth day before the
333-election, the absentee ballot counters shall proceed to the central
334-counting location at the times designated by the registrars of voters;
335-(2) At the time each group of ballots is delivered pursuant to
336-subdivision (2) of subsection (e) of section 9-140c of the general statutes,
337-the counters shall proceed as hereinafter provided;
338-(3) Except with respect to ballots marked "Rejected" pursuant to
339-section 9-140c of the general statutes or other applicable law, the
340-counters shall then remove the inner envelopes from the outer
341-envelopes, shall note the total number of absentee ballots received and
342-shall report such total to the moderator. The counters shall similarly
343-note and separately so report the total numbers of presidential ballots
344-and overseas ballots received pursuant to sections 9-158a to 9-158m,
345-inclusive, of the general statutes;
346-(4) If the statement on the inner envelope has not been signed as
347-required by section 9-140a of the general statutes, such inner envelope
348-shall not be opened or the ballot removed therefrom, and such inner
349-envelope shall be replaced in the opened outer envelope which shall be
350-marked "Rejected" and the reason therefor endorsed thereon by the
351-counters; and
352-(5) Not earlier than the day of the election, and after the duties under
353-subdivisions (1) to (4), inclusive, of this subsection have been
354-performed, absentee ballots shall be counted in the manner provided in
355-subsections (e) to (m), inclusive, of section 9-150a of the general statutes.
356-(b) In accordance with instructions which shall be prescribed by the
357-Secretary of the State not later than ten days before the election, each
358-group of ballots delivered pursuant to subdivision (2) of subsection (e)
359-of section 9-140c of the general statutes shall be kept secure (1) House Bill No. 7005
205+p.m. on the day of the election, primary or referendum shall, upon 138
206+request of the registrars, be delivered to the registrars by the municipal 139
207+clerk at six o'clock p.m. on the day of the election, primary or 140
208+referendum for checking, or at a later time mutually agreed upon by the 141
209+clerk and registrars, provided such time is not later than eight o'clock 142
210+p.m. on the day of the election, primary or referendum. 143
211+(h) Absentee ballots received after six o'clock p.m. on the day of the 144
212+election, primary or referendum and any ballots received prior to six 145
213+o'clock p.m. of such day which were not delivered earlier shall be 146
214+delivered to the registrars at the close of the polls for checking. Although 147
215+absentee ballots shall be checked by the registrars of voters at various 148
216+times throughout the election, primary or referendum day, absentee 149
217+ballots may be counted at one single time during such day. 150
218+(i) (1) Except as otherwise provided in this subsection, the absentee 151
219+ballot counters, upon receipt of the ballots delivered by the municipal 152
220+clerk to the registrars at six o'clock p.m. on the day of the election, 153
221+primary or referendum and at the close of the polls pursuant to 154
222+subsections (g) and (h) of this section, shall check the names of the 155
223+applicants returning ballots on the duplicate checklist in the same 156
224+manner as provided in subsections (b) and (c) of this section. 157
225+(2) (A) Except as provided in subparagraph (B) of this subdivision, 158
226+the names of applicants whose ballots were delivered at six o'clock p.m. 159
227+on the day of the election, primary or referendum shall be called in to 160
228+the appropriate polling places where they shall be checked by the 161
229+checkers on the official checklists, and they shall also be checked by the 162
230+absentee ballot counters on the duplicate checklist required under 163
231+subsection (b) of this section. 164
232+(B) Whenever absentee ballots are counted in any polling place 165
233+pursuant to subsection (b) of section 9-147a, the names of applicants 166
234+whose ballots were delivered at six o'clock p.m. on the day of the 167
235+election, primary or referendum shall be checked by the absentee ballot 168
236+Bill No.
360237
361-Sept. Sp. Sess., Public Act No. 20-4 12 of 15
362238
363-throughout the performance of the duties under subdivisions (1) to (4),
364-inclusive, of subsection (a) of this section, and (2) after such performance
365-until such time on the day of the election that absentee ballots are
366-counted in the manner provided in subsections (e) to (m), inclusive, of
367-section 9-150a of the general statutes. The requirements of this
368-subsection shall be in addition to all other applicable requirements
369-under title 9 of the general statutes regarding the security of absentee
370-ballots and any related materials.
371-Sec. 6. Section 9-150b of the general statutes is repealed and the
372-following is substituted in lieu thereof (Effective from passage):
373-(a) The moderator shall record the result of each count of absentee
374-ballots at any election, primary or referendum, separately by time of
375-count, on (1) a separate moderator's return for each voting district, and
376-(2) a separate record of the number of absentee votes cast for each
377-candidate for each voting district.
378-(b) Except as provided in subsection (c) of this section, when all
379-counting is complete, the moderator shall publicly declare the result of
380-such count. [He] The moderator shall then deliver to the head moderator
381-the central counting moderator's returns, together with all other
382-information required by law or by the Secretary of the State's
383-instructions. The head moderator shall add the results from the voting
384-tabulators, recorded on the moderator's return for each polling place, to
385-the absentee count recorded on the central counting moderator's return
386-for the corresponding voting district, in the manner prescribed by the
387-Secretary of the State. The returns so completed shall show separately
388-the tabulator vote and the absentee vote and the totals thereof.
389-(c) If the absentee ballots were counted in the respective polling
390-places, pursuant to subsection (b) of section 9-147a, when all counting is
391-complete the moderator shall publicly declare the result of such count
392-as provided in section 9-309 and add such count to the results from the House Bill No. 7005
393239
394-Sept. Sp. Sess., Public Act No. 20-4 13 of 15
240+LCO No. 4366 7 of 15
395241
396-voting tabulators recorded on the moderator's return. Such return shall
397-show separately the tabulator vote and the absentee vote and the totals
398-thereof.
399-(d) The Secretary of the State may prescribe the forms and
400-instructions for the tabulation, counting and return of the absentee
401-ballot vote.
402-(e) The sealed depository envelopes required by subsections (f) and
403-(m) of section 9-150a shall be returned by the moderator to the
404-municipal clerk as soon as practicable on or before the day following the
405-election, primary or referendum.
406-(f) The municipal clerk shall preserve for sixty days after the election,
407-primary or referendum the depository envelopes containing opened
408-envelopes and rejected ballots required by subsection (f) of section 9-
409-150a, and shall so preserve for one hundred eighty days the depository
410-envelopes containing counted ballots and related materials required by
411-subsection (m) of section 9-150a.
412-(g) (1) No such depository envelope shall be opened except by order
413-of a court of competent jurisdiction, by the State Elections Enforcement
414-Commission pursuant to a subpoena issued under subdivision (1) of
415-subsection (a) of section 9-7b or within five business days [of] after an
416-election, primary or referendum for the purpose of a recanvass
417-conducted pursuant to law. After such a recanvass the depository
418-envelopes and their contents shall be returned to the municipal clerk
419-and preserved for the stated period.
420-(2) Notwithstanding the provisions of subdivision (1) of this
421-subsection, for the state election in 2020, no such depository envelope
422-shall be opened for the purpose of a recanvass conducted pursuant to
423-law except within seven business days after the election as provided in
424-section 9-311. House Bill No. 7005
242+counters and checkers at such polling place on the official checklist used 169
243+at such polling place. 170
244+(3) (A) Except as provided in subparagraph (B) of this subdivision, 171
245+the names of applicants whose ballots were delivered at the close of the 172
246+polls shall be checked by the absentee ballot counters on the official 173
247+checklists used at the polling places and such official checklists, bearing 174
248+the certifications required by section 9-307, shall be delivered by the 175
249+registrars or assistant registrars to the central counting moderator for 176
250+that purpose. 177
251+(B) Whenever absentee ballots are counted in any polling place 178
252+pursuant to subsection (b) of section 9-147a, the official checklist used at 179
253+such polling place shall remain in such polling place for checking by the 180
254+absentee ballot counters at such polling place. 181
255+(4) If the name of an applicant returning a ballot has been checked on 182
256+the official checklist as having voted in person the absentee ballot 183
257+counters shall, in checking the ballots, endorse on the face of the outer 184
258+envelope the word "rejected" followed by a statement of the reason for 185
259+rejection, and the outer envelope shall not be opened or the ballot 186
260+counted. 187
261+(5) (A) Except as provided in subparagraph (B) of this subdivision, 188
262+when central counting is completed and the result is announced, the 189
263+central counting moderator shall deliver the duplicate checklist, the 190
264+official checklists and the returns required by section 9-150b to the head 191
265+moderator. 192
266+(B) Whenever absentee ballots are counted in any polling place 193
267+pursuant to subsection (b) of section 9-147a, and such counting is 194
268+completed and the result for such polling place is announced, the 195
269+moderator for such polling place shall deliver the official checklist used 196
270+at such polling place and the return required by section 9-150b to the 197
271+head moderator. 198
272+Bill No.
425273
426-Sept. Sp. Sess., Public Act No. 20-4 14 of 15
427274
428-(h) For sixty days after the election, primary or referendum the
429-following shall be preserved by the municipal clerk as a public record
430-open to public inspection: (1) All executed absentee ballot application
431-forms and direction by registrar forms, as required by subdivision (i) of
432-section 9-140; (2) the list and index of applicants for presidential or
433-overseas ballots as required by section 9-158h; (3) the numerical list of
434-absentee voting sets issued as required by subsection (e) of section 9-
435-140; (4) the list of the names of persons whose absentee ballots are
436-received by the municipal clerk, as required by subsection (a) of section
437-9-140c; (5) all unused absentee ballots; and (6) all envelopes containing
438-ballots received by the municipal clerk after the close of the polls, which
439-shall remain unopened.
440-(i) For one hundred eighty days after the election, primary or
441-referendum the following shall be preserved by the municipal clerk as a
442-public record open to public inspection: (1) The affidavit regarding the
443-municipal clerk's endorsement of inner envelopes, as required by
444-subsection (a) of section 9-140c; and (2) the affidavit regarding delivery
445-and receipt of ballots, as required by subsection (j) of said section.
446-(j) At the expiration of the applicable retention period, if no contest is
447-pending and no subpoena has been issued by the State Elections
448-Enforcement Commission pursuant to subsection (1) of section 9-7b, the
449-municipal clerk shall destroy the materials preserved under this section.
450-Sec. 7. Section 9-159o of the general statutes, as amended by section 7
451-of public act 20-3 of the July special session, is repealed and the
452-following is substituted in lieu thereof (Effective from passage):
453-(a) Any elector who has returned an absentee ballot to the municipal
454-clerk and who finds such elector is able to vote in person shall proceed
455-before ten o'clock a.m. on election, primary or referendum day to the
456-municipal clerk's office and request that such elector's ballot be
457-withdrawn. The municipal clerk shall remove the ballot from the sealed House Bill No. 7005
458275
459-Sept. Sp. Sess., Public Act No. 20-4 15 of 15
276+LCO No. 4366 8 of 15
460277
461-package and shall mark the serially-numbered outer envelope, which
462-shall remain unopened, "rejected" and note the reasons for rejection. The
463-elector shall also endorse the envelope. The rejected ballot shall then be
464-returned to the sealed package until delivered on election, primary or
465-referendum day to the registrars of voters in accordance with section 9-
466-140c. The municipal clerk shall then give the elector a signed statement
467-directed to the moderator of the voting district in which the elector
468-resides stating that the elector has withdrawn [his] such elector's
469-absentee ballot and may vote in person. Upon delivery of the statement
470-by the elector to the moderator, the moderator shall cause the absentee
471-indication next to the name of the elector to be stricken from the official
472-checklist and the elector may then have such elector's name checked and
473-vote in person. Unless absentee ballots are to be counted in the
474-respective polling places pursuant to subsection (b) of section 9-147a,
475-the municipal clerk shall also cause the absentee indication next to the
476-name of the elector to be stricken from the duplicate checklist to be used
477-by the absentee ballot counters.
478-(b) Notwithstanding the provisions of subsection (a) of this section,
479-for the state election in 2020, any elector who has returned an absentee
480-ballot to the municipal clerk and who finds such elector is able to vote
481-in person shall proceed before five o'clock p.m. on the [last] fourth day
482-before the election to the municipal clerk's office and request that such
483-elector's ballot be withdrawn.
484-Approved October 2, 2020
278+(j) Each time absentee ballots are delivered by the clerk to the 199
279+registrars [on election, primary or referendum day] pursuant to this 200
280+section, the clerk and registrars shall execute an affidavit of delivery and 201
281+receipt stating the number of ballots delivered. The clerk shall preserve 202
282+the affidavit for [six months in accordance with] the period prescribed 203
283+in section 9-150b. 204
284+(k) (1) [Each group of absentee ballots shall be counted by the 205
285+absentee ballot counters when received from the registrars on election, 206
286+primary or referendum day, in the manner provided in section 9-150a] 207
287+Except as provided in subdivision (2) of this subsection, the absentee 208
288+ballot counters shall count, in the manner provided in section 9-150a, 209
289+each group of absentee ballots upon receipt from the registrars. 210
290+(2) For the state election in 2020, whenever absentee ballots are to be 211
291+processed before the day of the election, pursuant to subdivision (1) of 212
292+subsection (c) of section 9-147a, the absentee ballot counters shall 213
293+process, in the manner provided in section 5 of this act, each group of 214
294+absentee ballots upon receipt from the registrars. 215
295+(l) The municipal clerk shall retain all outer envelopes containing 216
296+absentee ballots received by him after the close of the polls, unopened, 217
297+for the period prescribed in section 9-150b. 218
298+Sec. 3. Section 9-147a of the general statutes is repealed and the 219
299+following is substituted in lieu thereof (Effective from passage): 220
300+(a) Except as provided in subsection (b) or (c) of this section, at any 221
301+election, primary or referendum, all absentee ballots shall, within 222
302+existing resources, be counted in the manner provided in section 9-150a 223
303+at a central location designated by the registrars of voters in writing to 224
304+the municipal clerk at least twenty days before the election, primary or 225
305+referendum, which location shall be published in the warning for the 226
306+election, primary or referendum. Except as provided in subsection (b) of 227
307+this section, if unaffiliated electors are authorized under section 9-431 to 228
308+vote in the primary of either of two parties, all absentee ballots shall be 229
309+Bill No.
310+
311+
312+
313+LCO No. 4366 9 of 15
314+
315+separated, counted, tallied and placed in depository envelopes by 230
316+voting district. Any member of the public may observe the counting of 231
317+absentee ballots at such central location. 232
318+(b) At any election, primary or referendum, all absentee ballots may 233
319+be counted in the manner provided in section 9-150a in the respective 234
320+polling places if the registrars of voters agree that such absentee ballots 235
321+should be so counted. If unaffiliated electors are authorized under 236
322+section 9-431 to vote in the primary of either of two parties, absentee 237
323+ballots may be counted in the respective polling places if the parties 238
324+agree that such absentee ballots should be so counted. Any election 239
325+official serving in a polling place may observe the counting of absentee 240
326+ballots at such polling place. 241
327+(c) (1) For the state election in 2020, absentee ballots may be processed 242
328+before the day of the election in the manner provided in section 5 of this 243
329+act. Any such processing shall take place at a central location designated 244
330+by the registrars of voters in writing to the municipal clerk at least ten 245
331+days before the election, which location shall be published in the 246
332+warning for the election. 247
333+(2) If absentee ballots are to be processed pursuant to subdivision (1) 248
334+of this subsection, the registrars of voters and municipal clerk shall 249
335+jointly certify such fact in writing to the Secretary of the State at least ten 250
336+days before the election. Such written certification shall (A) include the 251
337+name, street address and relevant contact information associated with 252
338+the designated central location, and (B) list the name and address of each 253
339+absentee ballot counter appointed pursuant to section 9-147c. The 254
340+Secretary shall approve or disapprove such written certification not later 255
341+than two days after receipt of such certification and may require the 256
342+appointment of one or more additional absentee ballot counters. 257
343+(3) In the case of absentee ballots delivered to the registrars on the 258
344+day of the election, nothing in this subsection shall preclude the 259
345+counting of such absentee ballots in the respective polling places 260
346+Bill No.
347+
348+
349+
350+LCO No. 4366 10 of 15
351+
352+pursuant to subsection (b) of this section. 261
353+Sec. 4. Section 9-225 of the general statutes is repealed and the 262
354+following is substituted in lieu thereof (Effective from passage): 263
355+(a) (1) [The] Except as provided in subdivision (2) of this subsection, 264
356+the town clerk or assistant town clerk of each town shall warn the 265
357+electors therein to meet on the Tuesday following the first Monday in 266
358+November in the even-numbered years, at six o'clock a.m., which 267
359+warning shall be given by publication in a newspaper having a general 268
360+circulation in such town, or towns in the case of a joint publication under 269
361+subsection (b) of this section, not more than fifteen nor less than five 270
362+days previous to holding such election. The clerk in each town shall, in 271
363+the warning for such election, give notice of the time and the location of 272
364+the polling place in the town, and in towns divided into voting districts, 273
365+of the time and the location of the polling place in each district, at which 274
366+such election will be held. The town clerk shall record each such 275
367+warning. 276
368+(2) For the state election in 2020, the warning under subsection (a) of 277
369+this section shall be given not more than seven nor less than four days 278
370+previous to holding such election. 279
371+(b) Notwithstanding the provisions of any charter or home rule 280
372+ordinance, the warning under subsection (a) of this section may be 281
373+published jointly by two or more towns in a newspaper, provided all 282
374+other requirements of this section with respect to such warning are met. 283
375+Sec. 5. (NEW) (Effective from passage) Notwithstanding the provisions 284
376+of section 9-150a of the general statutes, for the state election in 2020, in 285
377+any municipality in which absentee ballots are processed pursuant to 286
378+subdivision (1) of subsection (c) of section 9-147a of the general statutes: 287
379+(a) (1) Not earlier than five o'clock p.m. on the fourth day before the 288
380+election, the absentee ballot counters shall proceed to the central 289
381+counting location at the times designated by the registrars of voters; 290
382+Bill No.
383+
384+
385+
386+LCO No. 4366 11 of 15
387+
388+(2) At the time each group of ballots is delivered pursuant to 291
389+subdivision (2) of subsection (e) of section 9-140c of the general statutes, 292
390+the counters shall proceed as hereinafter provided; 293
391+(3) Except with respect to ballots marked "Rejected" pursuant to 294
392+section 9-140c of the general statutes or other applicable law, the 295
393+counters shall then remove the inner envelopes from the outer 296
394+envelopes, shall note the total number of absentee ballots received and 297
395+shall report such total to the moderator. The counters shall similarly 298
396+note and separately so report the total numbers of presidential ballots 299
397+and overseas ballots received pursuant to sections 9-158a to 9-158m, 300
398+inclusive, of the general statutes; 301
399+(4) If the statement on the inner envelope has not been signed as 302
400+required by section 9-140a of the general statutes, such inner envelope 303
401+shall not be opened or the ballot removed therefrom, and such inner 304
402+envelope shall be replaced in the opened outer envelope which shall be 305
403+marked "Rejected" and the reason therefor endorsed thereon by the 306
404+counters; and 307
405+(5) Not earlier than the day of the election, and after the duties under 308
406+subdivisions (1) to (4), inclusive, of this subsection have been 309
407+performed, absentee ballots shall be counted in the manner provided in 310
408+subsections (e) to (m), inclusive, of section 9-150a of the general statutes. 311
409+(b) In accordance with instructions which shall be prescribed by the 312
410+Secretary of the State not later than ten days before the election, each 313
411+group of ballots delivered pursuant to subdivision (2) of subsection (e) 314
412+of section 9-140c of the general statutes shall be kept secure (1) 315
413+throughout the performance of the duties under subdivisions (1) to (4), 316
414+inclusive, of subsection (a) of this section, and (2) after such performance 317
415+until such time on the day of the election that absentee ballots are 318
416+counted in the manner provided in subsections (e) to (m), inclusive, of 319
417+section 9-150a of the general statutes. The requirements of this 320
418+subsection shall be in addition to all other applicable requirements 321
419+Bill No.
420+
421+
422+
423+LCO No. 4366 12 of 15
424+
425+under title 9 of the general statutes regarding the security of absentee 322
426+ballots and any related materials. 323
427+Sec. 6. Section 9-150b of the general statutes is repealed and the 324
428+following is substituted in lieu thereof (Effective from passage): 325
429+(a) The moderator shall record the result of each count of absentee 326
430+ballots at any election, primary or referendum, separately by time of 327
431+count, on (1) a separate moderator's return for each voting district, and 328
432+(2) a separate record of the number of absentee votes cast for each 329
433+candidate for each voting district. 330
434+(b) Except as provided in subsection (c) of this section, when all 331
435+counting is complete, the moderator shall publicly declare the result of 332
436+such count. [He] The moderator shall then deliver to the head moderator 333
437+the central counting moderator's returns, together with all other 334
438+information required by law or by the Secretary of the State's 335
439+instructions. The head moderator shall add the results from the voting 336
440+tabulators, recorded on the moderator's return for each polling place, to 337
441+the absentee count recorded on the central counting moderator's return 338
442+for the corresponding voting district, in the manner prescribed by the 339
443+Secretary of the State. The returns so completed shall show separately 340
444+the tabulator vote and the absentee vote and the totals thereof. 341
445+(c) If the absentee ballots were counted in the respective polling 342
446+places, pursuant to subsection (b) of section 9-147a, when all counting is 343
447+complete the moderator shall publicly declare the result of such count 344
448+as provided in section 9-309 and add such count to the results from the 345
449+voting tabulators recorded on the moderator's return. Such return shall 346
450+show separately the tabulator vote and the absentee vote and the totals 347
451+thereof. 348
452+(d) The Secretary of the State may prescribe the forms and 349
453+instructions for the tabulation, counting and return of the absentee 350
454+ballot vote. 351
455+Bill No.
456+
457+
458+
459+LCO No. 4366 13 of 15
460+
461+(e) The sealed depository envelopes required by subsections (f) and 352
462+(m) of section 9-150a shall be returned by the moderator to the 353
463+municipal clerk as soon as practicable on or before the day following the 354
464+election, primary or referendum. 355
465+(f) The municipal clerk shall preserve for sixty days after the election, 356
466+primary or referendum the depository envelopes containing opened 357
467+envelopes and rejected ballots required by subsection (f) of section 9-358
468+150a, and shall so preserve for one hundred eighty days the depository 359
469+envelopes containing counted ballots and related materials required by 360
470+subsection (m) of section 9-150a. 361
471+(g) (1) No such depository envelope shall be opened except by order 362
472+of a court of competent jurisdiction, by the State Elections Enforcement 363
473+Commission pursuant to a subpoena issued under subdivision (1) of 364
474+subsection (a) of section 9-7b or within five business days [of] after an 365
475+election, primary or referendum for the purpose of a recanvass 366
476+conducted pursuant to law. After such a recanvass the depository 367
477+envelopes and their contents shall be returned to the municipal clerk 368
478+and preserved for the stated period. 369
479+(2) Notwithstanding the provisions of subdivision (1) of this 370
480+subsection, for the state election in 2020, no such depository envelope 371
481+shall be opened for the purpose of a recanvass conducted pursuant to 372
482+law except within seven business days after the election as provided in 373
483+section 9-311. 374
484+(h) For sixty days after the election, primary or referendum the 375
485+following shall be preserved by the municipal clerk as a public record 376
486+open to public inspection: (1) All executed absentee ballot application 377
487+forms and direction by registrar forms, as required by subdivision (i) of 378
488+section 9-140; (2) the list and index of applicants for presidential or 379
489+overseas ballots as required by section 9-158h; (3) the numerical list of 380
490+absentee voting sets issued as required by subsection (e) of section 9-381
491+140; (4) the list of the names of persons whose absentee ballots are 382
492+Bill No.
493+
494+
495+
496+LCO No. 4366 14 of 15
497+
498+received by the municipal clerk, as required by subsection (a) of section 383
499+9-140c; (5) all unused absentee ballots; and (6) all envelopes containing 384
500+ballots received by the municipal clerk after the close of the polls, which 385
501+shall remain unopened. 386
502+(i) For one hundred eighty days after the election, primary or 387
503+referendum the following shall be preserved by the municipal clerk as a 388
504+public record open to public inspection: (1) The affidavit regarding the 389
505+municipal clerk's endorsement of inner envelopes, as required by 390
506+subsection (a) of section 9-140c; and (2) the affidavit regarding delivery 391
507+and receipt of ballots, as required by subsection (j) of said section. 392
508+(j) At the expiration of the applicable retention period, if no contest is 393
509+pending and no subpoena has been issued by the State Elections 394
510+Enforcement Commission pursuant to subsection (1) of section 9-7b, the 395
511+municipal clerk shall destroy the materials preserved under this section. 396
512+Sec. 7. Section 9-159o of the general statutes, as amended by section 7 397
513+of public act 20-3 of the July special session, is repealed and the 398
514+following is substituted in lieu thereof (Effective from passage): 399
515+(a) Any elector who has returned an absentee ballot to the municipal 400
516+clerk and who finds such elector is able to vote in person shall proceed 401
517+before ten o'clock a.m. on election, primary or referendum day to the 402
518+municipal clerk's office and request that such elector's ballot be 403
519+withdrawn. The municipal clerk shall remove the ballot from the sealed 404
520+package and shall mark the serially-numbered outer envelope, which 405
521+shall remain unopened, "rejected" and note the reasons for rejection. The 406
522+elector shall also endorse the envelope. The rejected ballot shall then be 407
523+returned to the sealed package until delivered on election, primary or 408
524+referendum day to the registrars of voters in accordance with section 9-409
525+140c. The municipal clerk shall then give the elector a signed statement 410
526+directed to the moderator of the voting district in which the elector 411
527+resides stating that the elector has withdrawn [his] such elector's 412
528+absentee ballot and may vote in person. Upon delivery of the statement 413
529+Bill No.
530+
531+
532+
533+LCO No. 4366 15 of 15
534+
535+by the elector to the moderator, the moderator shall cause the absentee 414
536+indication next to the name of the elector to be stricken from the official 415
537+checklist and the elector may then have such elector's name checked and 416
538+vote in person. Unless absentee ballots are to be counted in the 417
539+respective polling places pursuant to subsection (b) of section 9-147a, 418
540+the municipal clerk shall also cause the absentee indication next to the 419
541+name of the elector to be stricken from the duplicate checklist to be used 420
542+by the absentee ballot counters. 421
543+(b) Notwithstanding the provisions of subsection (a) of this section, 422
544+for the state election in 2020, any elector who has returned an absentee 423
545+ballot to the municipal clerk and who finds such elector is able to vote 424
546+in person shall proceed before five o'clock p.m. on the [last] fourth day 425
547+before the election to the municipal clerk's office and request that such 426
548+elector's ballot be withdrawn. 427
549+This act shall take effect as follows and shall amend the following
550+sections:
551+
552+Section 1 from passage New section
553+Sec. 2 from passage 9-140c
554+Sec. 3 from passage 9-147a
555+Sec. 4 from passage 9-225
556+Sec. 5 from passage New section
557+Sec. 6 from passage 9-150b
558+Sec. 7 from passage 9-159o
559+