House Bill No. 7005
September Special Session, Public Act No. 20-4
AN ACT CONCERNING A MUNICIPAL ELECTION MONITOR AT THE
2020 STATE ELECTION AND PROCESSING OF AB SENTEE
BALLOTS FOR THE 2020 STATE ELECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) (a) There shall be, in any
municipality with a population of at least one hundred forty thousand,
an election monitor for the state election in 2020 to detect and prevent
irregularity and impropriety in the management of election
administration procedures and the conduct of said election in such
municipality. The office of the Secretary of the State shall contract with
an individual to serve in such capacity as election monitor until
December 31, 2020, unless such contract is terminated for any reason by
the Secretary of the State prior to said date. Such election monitor shall:
(1) Not be considered a state employee; (2) be compensated in
accordance with such contract; and (3) be reimbursed for necessary
expenses incurred in the performance of his or her duties. Costs related
to the service of such election monitor shall be paid from federal funds
allocated to the Secretary to address the effects of COVID-19 on the
conduct of elections. Such municipality shall provide for such election
monitor any office space, supplies, equipment and services necessary to
properly carry out the duties and responsibilities of the position. For
purposes of this subsection, (A) "population" means the estimated House Bill No. 7005
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number of people according to the most recent version of the State
Register and Manual prepared pursuant to section 3-90 of the general
statutes, and (B) "COVID-19" means the respiratory disease designated
by the World Health Organization on February 11, 2020, as coronavirus
2019, and any related mutation thereof recognized by said organization
as a communicable respiratory disease.
(b) An election monitor appointed under subsection (a) of this section
shall: (1) Conduct inspections, inquiries and investigations relating to
any duty or responsibility under title 9 of the general statutes to be
carried out by any official of the municipality or appointee of such
official; (2) have access to all records, data and material maintained by
or available to any such official or appointee; and (3) immediately report
to the Secretary of the State any irregularity or impropriety in the
performance of any duty or responsibility described in subdivision (1)
of this subsection. Nothing in this section shall be construed to prohibit
the State Elections Enforcement Commission from taking any action
authorized under section 9-7b of the general statutes.
Sec. 2. Section 9-140c of the general statutes, as amended by section 6
of public act 20-3 of the July special session, is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The municipal clerk shall retain the envelopes containing absentee
ballots received by him under section 9-140b and shall not open such
envelopes. The municipal clerk shall endorse over his signature, upon
each outer envelope as he receives it, the date and precise time of its
receipt. The clerk shall make an affidavit attesting to the accuracy of all
such endorsements, and at the close of the polls shall deliver such
affidavit to the head moderator, who shall endorse the time of its receipt
and return it to the clerk after all counting is complete. The clerk shall
preserve the affidavit for one hundred eighty days in accordance with
the requirements of section 9-150b. The clerk shall keep a list of the
names of the applicants who return absentee ballots to the clerk under House Bill No. 7005
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section 9-140b. The list shall be preserved as a public record as required
by section 9-150b.
(b) (1) (A) Except as provided in subparagraph (B) of this subdivision,
[(2) of this subsection,] beginning not earlier than the seventh day before
the election, primary or referendum and on any weekday thereafter, all
absentee ballots received by the municipal clerk [not later than] at or
prior to eleven o'clock a.m. of such day may be sorted into voting
districts by the municipal clerk and checked as provided in this
[subsection] subparagraph. On any such day, beginning as soon as the
ballots have been sorted, the registrars of voters, without opening the
outer envelopes, may check the names of the applicants returning
ballots on the official checklist to be used at the election, primary or
referendum by indicating "absentee" or "A" preceding each such name
and, if unaffiliated electors are authorized under section 9-431 to vote in
the primary of either of two parties, the designation of the party in
which the applicants are voting preceding each such name. Unless
absentee ballots are to be counted in the respective polling places,
pursuant to subsection (b) of section 9-147a, the registrars shall also
place such indication on a duplicate [of the] checklist to be retained by
the municipal clerk until [he] the municipal clerk delivers [it] such
duplicate checklist to the registrars, [at twelve o'clock noon, except as
provided in subparagraph (A) of subdivision (2) of subsection (e) of this
section, on election, primary or referendum day] in accordance with
subsection (e) of this section, for the use of the absentee ballot counters
pursuant to subsection (i) of this section.
(B) For the state election in 2020, beginning on the fourteenth day
before the election and on any weekday thereafter, all absentee ballots
received by the municipal clerk at or prior to eleven o'clock a.m. of such
day may be sorted into voting districts by the municipal clerk and
checked as provided in subparagraph (A) of this subdivision.
(2) All absentee ballots received [not later than] at or prior to eleven House Bill No. 7005
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o'clock a.m. of the last day before the election, primary or referendum
which is not a Sunday or legal holiday, shall be [so] sorted into voting
districts by the municipal clerk and checked as provided in
subparagraph (A) of subdivision (1) of this subsection not later than
such last day.
[(2) For the state election in 2020, beginning the fourteenth day before
the election and on any weekday thereafter, all absentee ballots received
by the municipal clerk not later than eleven o'clock a.m. of such day may
be sorted into voting districts by the municipal clerk and checked as
provided in subdivision (1) of this subsection.]
(c) If the name of the applicant returning the ballot is not on the
official checklist for any polling place in such municipality, the
registrars shall endorse on the face of such outer envelope the word
"rejected", followed by a statement of the reasons for rejection, and the
outer envelope shall not be opened or the ballot counted.
(d) After such checking has been completed on any such day, the
municipal clerk shall seal the unopened ballots in a package and retain
them in a safe place.
(e) (1) Except as provided in subdivision (2) of this subsection, ballots
received [not later than] at or prior to eleven o'clock a.m. on [such] the
last day before the election, primary or referendum shall be delivered
by the municipal clerk to the registrars [not earlier than] between ten
o'clock a.m. and [not later than] twelve o'clock noon on the day of the
election or primary and at twelve o'clock noon on the day of a
referendum. Unless absentee ballots are to be counted in the respective
polling places, pursuant to subsection (b) of section 9-147a, the
municipal clerk shall also deliver to the registrars at this time the
duplicate checklist provided for in subsection (b) of this section, for the
use of the absentee ballot counters pursuant to subsection (i) of this
section. House Bill No. 7005
Sept. Sp. Sess., Public Act No. 20-4 5 of 15
(2) (A) For the state election in 2020: [, ballots]
(i) Ballots received, sorted and checked prior to five o'clock p.m. on
the (I) fourth day before the election may be delivered by the municipal
clerk to the registrars at five o'clock p.m. on such fourth day, (II) third
day before the election may be so delivered at five o'clock p.m. on such
third day, and (III) second day before the election may be so delivered
at five o'clock p.m. on such second day;
(ii) Ballots received not later than eleven o'clock a.m. on [such] the
last day before the election shall be delivered by the municipal clerk to
the registrars at six o'clock a.m. on the day of the election; [.] and
(iii) Each time ballots are delivered pursuant to this subparagraph,
the municipal clerk shall also deliver to the registrars at such time a copy
of the duplicate checklist provided for in subsection (b) of this section,
current as of the time of such delivery, for the use of the absentee ballot
counters pursuant to subsection (i) of this section.
(B) The municipal clerk may deliver the ballots at [a time that is] times
later than [the time] those provided in subdivision (1) of this subsection
or subparagraph (A) of this subdivision, as applicable, provided any
such time is mutually agreed upon by the municipal clerk and registrars
and is not later than eight o'clock p.m. on the day of the election, primary
or referendum.
(f) Absentee ballots timely received by the clerk after eleven o'clock
a.m. of such last day before an election, primary or referendum shall be
sorted into voting districts by the clerk and retained by the clerk
separately until delivered to the registrars of voters for checking.
(g) Any or all of such ballots received after eleven o'clock a.m. of such
last day before an election, primary or referendum and before six o'clock
p.m. on the day of the election, primary or referendum shall, upon
request of the registrars, be delivered to the registrars by the municipal House Bill No. 7005
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clerk at six o'clock p.m. on the day of the election, primary or
referendum for checking, or at a later time mutually agreed upon by the
clerk and registrars, provided such time is not later than eight o'clock
p.m. on the day of the election, primary or referendum.
(h) Absentee ballots received after six o'clock p.m. on the day of the
election, primary or referendum and any ballots received prior to six
o'clock p.m. of such day which were not delivered earlier shall be
delivered to the registrars at the close of the polls for checking. Although
absentee ballots shall be checked by the registrars of voters at various
times throughout the election, primary or referendum day, absentee
ballots may be counted at one single time during such day.
(i) (1) Except as otherwise provided in this subsection, the absentee
ballot counters, upon receipt of the ballots delivered by the municipal
clerk to the registrars at six o'clock p.m. on the day of the election,
primary or referendum and at the close of the polls pursuant to
subsections (g) and (h) of this section, shall check the names of the
applicants returning ballots on the duplicate checklist in the same
manner as provided in subsections (b) and (c) of this section.
(2) (A) Except as provided in subparagraph (B) of this subdivision,
the names of applicants whose ballots were delivered at six o'clock p.m.
on the day of the election, primary or referendum shall be called in to
the appropriate polling places where they shall be checked by the
checkers on the official checklists, and they shall also be checked by the
absentee ballot counters on the duplicate checklist required under
subsection (b) of this section.
(B) Whenever absentee ballots are counted in any polling place
pursuant to subsection (b) of section 9-147a, the names of applicants
whose ballots were delivered at six o'clock p.m. on the day of the
election, primary or referendum shall be checked by the absentee ballot
counters and checkers at such polling place on the official checklist used House Bill No. 7005
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at such polling place.
(3) (A) Except as provided in subparagraph (B) of this subdivision,
the names of applicants whose ballots were delivered at the close of the
polls shall be checked by the absentee ballot counters on the official
checklists used at the polling places and such official checklists, bearing
the certifications required by section 9-307, shall be delivered by the
registrars or assistant registrars to the central counting moderator for
that purpose.
(B) Whenever absentee ballots are counted in any polling place
pursuant to subsection (b) of section 9-147a, the official checklist used at
such polling place shall remain in such polling place for checking by the
absentee ballot counters at such polling place.
(4) If the name of an applicant returning a ballot has been checked on
the official checklist as having voted in person the absentee ballot
counters shall, in checking the ballots, endorse on the face of the outer
envelope the word "rejected" followed by a statement of the reason for
rejection, and the outer envelope shall not be opened or the ballot
counted.
(5) (A) Except as provided in subparagraph (B) of this subdivision,
when central counting is completed and the result is announced, the
central counting moderator shall deliver the duplicate checklist, the
official checklists and the returns required by section 9-150b to the head
moderator.
(B) Whenever absentee ballots are counted in any polling place
pursuant to subsection (b) of section 9-147a, and such counting is
completed and the result for such polling place is announced, the
moderator for such polling place shall deliver the official checklist used
at such polling place and the return required by section 9-150b to the
head moderator. House Bill No. 7005
Sept. Sp. Sess., Public Act No. 20-4 8 of 15
(j) Each time absentee ballots are delivered by the clerk to the
registrars [on election, primary or referendum day] pursuant to this
section, the clerk and registrars shall execute an affidavit of delivery and
receipt stating the number of ballots delivered. The clerk shall preserve
the affidavit for [six months in accordance with] the period prescribed
in section 9-150b.
(k) (1) [Each group of absentee ballots shall be counted by the
absentee ballot counters when received from the registrars on election,
primary or referendum day, in the manner provided in section 9-150a.]
Except as provided in subdivision (2) of this subsection, the absentee
ballot counters shall count, in the manner provided in section 9-150a,
each group of absentee ballots upon receipt from the registrars.
(2) For the state election in 2020, whenever absentee ballots are to be
processed before the day of the election, pursuant to subdivision (1) of
subsection (c) of section 9-147a, the absentee ballot counters shall
process, in the manner provided in section 5 of this act, each group of
absentee ballots upon receipt from the registrars.
(l) The municipal clerk shall retain all outer envelopes containing
absentee ballots received by him after the close of the polls, unopened,
for the period prescribed in section 9-150b.
Sec. 3. Section 9-147a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Except as provided in subsection (b) or (c) of this section, at any
election, primary or referendum, all absentee ballots shall, within
existing resources, be counted in the manner provided in section 9-150a
at a central location designated by the registrars of voters in writing to
the municipal clerk at least twenty days before the election, primary or
referendum, which location shall be published in the warning for the
election, primary or referendum. Except as provided in subsection (b) of House Bill No. 7005
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this section, if unaffiliated electors are authorized under section 9-431 to
vote in the primary of either of two parties, all absentee ballots shall be
separated, counted, tallied and placed in depository envelopes by
voting district. Any member of the public may observe the counting of
absentee ballots at such central location.
(b) At any election, primary or referendum, all absentee ballots may
be counted in the manner provided in section 9-150a in the respective
polling places if the registrars of voters agree that such absentee ballots
should be so counted. If unaffiliated electors are authorized under
section 9-431 to vote in the primary of either of two parties, absentee
ballots may be counted in the respective polling places if the parties
agree that such absentee ballots should be so counted. Any election
official serving in a polling place may observe the counting of absentee
ballots at such polling place.
(c) (1) For the state election in 2020, absentee ballots may be processed
before the day of the election in the manner provided in section 5 of this
act. Any such processing shall take place at a central location designated
by the registrars of voters in writing to the municipal clerk at least ten
days before the election, which location shall be published in the
warning for the election.
(2) If absentee ballots are to be processed pursuant to subdivision (1)
of this subsection, the registrars of voters and municipal clerk shall
jointly certify such fact in writing to the Secretary of the State at least ten
days before the election. Such written certification shall (A) include the
name, street address and relevant contact information associated with
the designated central location, and (B) list the name and address of each
absentee ballot counter appointed pursuant to section 9-147c. The
Secretary shall approve or disapprove such written certification not later
than two days after receipt of such certification and may require the
appointment of one or more additional absentee ballot counters. House Bill No. 7005
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(3) In the case of absentee ballots delivered to the registrars on the
day of the election, nothing in this subsection shall preclude the
counting of such absentee ballots in the respective polling places
pursuant to subsection (b) of this section.
Sec. 4. Section 9-225 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [The] (1) Except as provided in subdivision (2) of this subsection,
the town clerk or assistant town clerk of each town shall warn the
electors therein to meet on the Tuesday following the first Monday in
November in the even-numbered years, at six o'clock a.m., which
warning shall be given by publication in a newspaper having a general
circulation in such town, or towns in the case of a joint publication under
subsection (b) of this section, not more than fifteen nor less than five
days previous to holding such election. The clerk in each town shall, in
the warning for such election, give notice of the time and the location of
the polling place in the town, and in towns divided into voting districts,
of the time and the location of the polling place in each district, at which
such election will be held. The town clerk shall record each such
warning.
(2) For the state election in 2020, the warning under subsection (a) of
this section shall be given not more than seven nor less than four days
previous to holding such election.
(b) Notwithstanding the provisions of any charter or home rule
ordinance, the warning under subsection (a) of this section may be
published jointly by two or more towns in a newspaper, provided all
other requirements of this section with respect to such warning are met.
Sec. 5. (NEW) (Effective from passage) Notwithstanding the provisions
of section 9-150a of the general statutes, for the state election in 2020, in
any municipality in which absentee ballots are processed pursuant to House Bill No. 7005
Sept. Sp. Sess., Public Act No. 20-4 11 of 15
subdivision (1) of subsection (c) of section 9-147a of the general statutes:
(a) (1) Not earlier than five o'clock p.m. on the fourth day before the
election, the absentee ballot counters shall proceed to the central
counting location at the times designated by the registrars of voters;
(2) At the time each group of ballots is delivered pursuant to
subdivision (2) of subsection (e) of section 9-140c of the general statutes,
the counters shall proceed as hereinafter provided;
(3) Except with respect to ballots marked "Rejected" pursuant to
section 9-140c of the general statutes or other applicable law, the
counters shall then remove the inner envelopes from the outer
envelopes, shall note the total number of absentee ballots received and
shall report such total to the moderator. The counters shall similarly
note and separately so report the total numbers of presidential ballots
and overseas ballots received pursuant to sections 9-158a to 9-158m,
inclusive, of the general statutes;
(4) If the statement on the inner envelope has not been signed as
required by section 9-140a of the general statutes, such inner envelope
shall not be opened or the ballot removed therefrom, and such inner
envelope shall be replaced in the opened outer envelope which shall be
marked "Rejected" and the reason therefor endorsed thereon by the
counters; and
(5) Not earlier than the day of the election, and after the duties under
subdivisions (1) to (4), inclusive, of this subsection have been
performed, absentee ballots shall be counted in the manner provided in
subsections (e) to (m), inclusive, of section 9-150a of the general statutes.
(b) In accordance with instructions which shall be prescribed by the
Secretary of the State not later than ten days before the election, each
group of ballots delivered pursuant to subdivision (2) of subsection (e)
of section 9-140c of the general statutes shall be kept secure (1) House Bill No. 7005
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throughout the performance of the duties under subdivisions (1) to (4),
inclusive, of subsection (a) of this section, and (2) after such performance
until such time on the day of the election that absentee ballots are
counted in the manner provided in subsections (e) to (m), inclusive, of
section 9-150a of the general statutes. The requirements of this
subsection shall be in addition to all other applicable requirements
under title 9 of the general statutes regarding the security of absentee
ballots and any related materials.
Sec. 6. Section 9-150b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The moderator shall record the result of each count of absentee
ballots at any election, primary or referendum, separately by time of
count, on (1) a separate moderator's return for each voting district, and
(2) a separate record of the number of absentee votes cast for each
candidate for each voting district.
(b) Except as provided in subsection (c) of this section, when all
counting is complete, the moderator shall publicly declare the result of
such count. [He] The moderator shall then deliver to the head moderator
the central counting moderator's returns, together with all other
information required by law or by the Secretary of the State's
instructions. The head moderator shall add the results from the voting
tabulators, recorded on the moderator's return for each polling place, to
the absentee count recorded on the central counting moderator's return
for the corresponding voting district, in the manner prescribed by the
Secretary of the State. The returns so completed shall show separately
the tabulator vote and the absentee vote and the totals thereof.
(c) If the absentee ballots were counted in the respective polling
places, pursuant to subsection (b) of section 9-147a, when all counting is
complete the moderator shall publicly declare the result of such count
as provided in section 9-309 and add such count to the results from the House Bill No. 7005
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voting tabulators recorded on the moderator's return. Such return shall
show separately the tabulator vote and the absentee vote and the totals
thereof.
(d) The Secretary of the State may prescribe the forms and
instructions for the tabulation, counting and return of the absentee
ballot vote.
(e) The sealed depository envelopes required by subsections (f) and
(m) of section 9-150a shall be returned by the moderator to the
municipal clerk as soon as practicable on or before the day following the
election, primary or referendum.
(f) The municipal clerk shall preserve for sixty days after the election,
primary or referendum the depository envelopes containing opened
envelopes and rejected ballots required by subsection (f) of section 9-
150a, and shall so preserve for one hundred eighty days the depository
envelopes containing counted ballots and related materials required by
subsection (m) of section 9-150a.
(g) (1) No such depository envelope shall be opened except by order
of a court of competent jurisdiction, by the State Elections Enforcement
Commission pursuant to a subpoena issued under subdivision (1) of
subsection (a) of section 9-7b or within five business days [of] after an
election, primary or referendum for the purpose of a recanvass
conducted pursuant to law. After such a recanvass the depository
envelopes and their contents shall be returned to the municipal clerk
and preserved for the stated period.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, for the state election in 2020, no such depository envelope
shall be opened for the purpose of a recanvass conducted pursuant to
law except within seven business days after the election as provided in
section 9-311. House Bill No. 7005
Sept. Sp. Sess., Public Act No. 20-4 14 of 15
(h) For sixty days after the election, primary or referendum the
following shall be preserved by the municipal clerk as a public record
open to public inspection: (1) All executed absentee ballot application
forms and direction by registrar forms, as required by subdivision (i) of
section 9-140; (2) the list and index of applicants for presidential or
overseas ballots as required by section 9-158h; (3) the numerical list of
absentee voting sets issued as required by subsection (e) of section 9-
140; (4) the list of the names of persons whose absentee ballots are
received by the municipal clerk, as required by subsection (a) of section
9-140c; (5) all unused absentee ballots; and (6) all envelopes containing
ballots received by the municipal clerk after the close of the polls, which
shall remain unopened.
(i) For one hundred eighty days after the election, primary or
referendum the following shall be preserved by the municipal clerk as a
public record open to public inspection: (1) The affidavit regarding the
municipal clerk's endorsement of inner envelopes, as required by
subsection (a) of section 9-140c; and (2) the affidavit regarding delivery
and receipt of ballots, as required by subsection (j) of said section.
(j) At the expiration of the applicable retention period, if no contest is
pending and no subpoena has been issued by the State Elections
Enforcement Commission pursuant to subsection (1) of section 9-7b, the
municipal clerk shall destroy the materials preserved under this section.
Sec. 7. Section 9-159o of the general statutes, as amended by section 7
of public act 20-3 of the July special session, is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Any elector who has returned an absentee ballot to the municipal
clerk and who finds such elector is able to vote in person shall proceed
before ten o'clock a.m. on election, primary or referendum day to the
municipal clerk's office and request that such elector's ballot be
withdrawn. The municipal clerk shall remove the ballot from the sealed House Bill No. 7005
Sept. Sp. Sess., Public Act No. 20-4 15 of 15
package and shall mark the serially-numbered outer envelope, which
shall remain unopened, "rejected" and note the reasons for rejection. The
elector shall also endorse the envelope. The rejected ballot shall then be
returned to the sealed package until delivered on election, primary or
referendum day to the registrars of voters in accordance with section 9-
140c. The municipal clerk shall then give the elector a signed statement
directed to the moderator of the voting district in which the elector
resides stating that the elector has withdrawn [his] such elector's
absentee ballot and may vote in person. Upon delivery of the statement
by the elector to the moderator, the moderator shall cause the absentee
indication next to the name of the elector to be stricken from the official
checklist and the elector may then have such elector's name checked and
vote in person. Unless absentee ballots are to be counted in the
respective polling places pursuant to subsection (b) of section 9-147a,
the municipal clerk shall also cause the absentee indication next to the
name of the elector to be stricken from the duplicate checklist to be used
by the absentee ballot counters.
(b) Notwithstanding the provisions of subsection (a) of this section,
for the state election in 2020, any elector who has returned an absentee
ballot to the municipal clerk and who finds such elector is able to vote
in person shall proceed before five o'clock p.m. on the [last] fourth day
before the election to the municipal clerk's office and request that such
elector's ballot be withdrawn.
Approved October 2, 2020