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General Assembly Raised Bill No. 477
February Session, 2020
LCO No. 2835
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING EL IGIBILITY FOR ADMISSION AS AN
ELECTOR AND CERTAIN ASSISTANCE IN VOTING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-12 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Each citizen of the United States who has attained the age of 3
eighteen years, and who is a bona fide resident of the town to which the 4
citizen applies for admission as an elector shall, on approval by the 5
registrars of voters or town clerk of the town of residence of such citizen, 6
as prescribed by law, be an elector, except as provided in subsection (b) 7
of this section. Prior to admission as an elector, any such citizen who has 8
a developmental disability, as determined by a licensed physician who 9
specializes in primary care, or the citizen's legal representative, shall 10
certify under oath that the citizen meets the qualifications set forth in 11
this subsection. For purposes of this section, (1) a person shall be 12
deemed to have attained the age of eighteen years on the day of the 13
person's eighteenth birthday, [and] (2) a person shall be deemed to be a 14 Raised Bill No. 477
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bona fide resident of the town to which the citizen applies for admission 15
as an elector if such person's dwelling unit is located within the 16
geographic boundaries of such town, [No mentally incompetent person 17
shall be admitted as an elector] and (3) "legal representative" has the 18
same meaning as provided in section 17a-488. 19
(b) Any citizen who will have attained the age of eighteen years on or 20
before the day of a regular election may apply for admission as an 21
elector. At the time of such application, any such citizen who has a 22
developmental disability, as determined by a licensed physician who 23
specializes in primary care, or the citizen's legal representative, shall 24
certify under oath that the citizen meets each other qualification set forth 25
in subsection (a) of this section. If such citizen is found to be qualified, 26
the citizen shall become an elector on the day of the citizen's eighteenth 27
birthday. The registrars shall add the name of any person applying 28
under this subsection, if found qualified, to the registry list and, if 29
applicable, to the enrollment list, together with the effective date of his 30
registration. The registrars may place the name of each such person at 31
the end of the registry and enrollment lists for the voting district. 32
Sec. 2. Section 9-261 of the general statutes is repealed and the 33
following is substituted in lieu thereof (Effective from passage): 34
(a) In each primary, election or referendum, when an elector has 35
entered the polling place, the elector shall announce the elector's street 36
address, if any, and the elector's name to the official checker or checkers 37
in a tone sufficiently loud and clear as to enable all the election officials 38
present to hear the same. Each elector who registered to vote by mail for 39
the first time on or after January 1, 2003, and has a "mark" next to the 40
elector's name on the official registry list, as required by section 9-23r, 41
shall present to the official checker or checkers, before the elector votes, 42
either a current and valid photo identification that shows the elector's 43
name and address or a copy of a current utility bill, bank statement, 44
government check, paycheck or other government document that shows 45
the name and address of the elector. Each other elector shall (1) present 46
to the official checker or checkers the elector's Social Security card or any 47 Raised Bill No. 477
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other preprinted form of identification which shows the elector's name 48
and either the elector's address, signature or photograph, or (2) on a 49
form prescribed by the Secretary of the State, write the elector's 50
residential address and date of birth, print the elector's name and sign a 51
statement under penalty of false statement that the elector is the elector 52
whose name appears on the official checklist. Such form shall clearly 53
state the penalty of false statement. A separate form shall be used for 54
each elector. If the elector presents a preprinted form of identification 55
under subdivision (1) of this subsection, the official checker or checkers 56
shall check the name of such elector on the official checklist, manually 57
on paper or electronically. If the elector completes the form under 58
subdivision (2) of this subsection, the registrar of voters or the assistant 59
registrar of voters, as the case may be, shall examine the information on 60
such form and either instruct the official checker or checkers to check 61
the name of such elector on the official checklist, manually on paper or 62
electronically, or notify the elector that the form is incomplete or 63
inaccurate. 64
(b) In the event that an elector is present at the polling place but is 65
unable to gain access to the polling place due to a temporary incapacity, 66
the elector may request that the ballot be brought to him or her. The 67
registrars of voters or the assistant registrars of voters, as the case may 68
be, shall take such ballot, along with a privacy sleeve to such elector. 69
The elector shall show identification, in accordance with the provisions 70
of this section. The elector shall forthwith mark the ballot in the presence 71
of the election officials in such manner that the election officials shall not 72
know how the ballot is marked. The elector shall place the ballot in the 73
privacy sleeve. The election officials shall mark the elector's name on the 74
official voter list, manually on paper or electronically, as having voted 75
in person and deliver such ballot and privacy sleeve to the voting 76
tabulator where such ballot shall be placed into the tabulator, by the 77
election official, for counting. The moderator shall record such activity 78
in the moderator's diary. 79
(c) In each polling place in which two or more parties are holding 80
primaries in which unaffiliated electors are authorized to vote, pursuant 81 Raised Bill No. 477
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to section 9-431, an unaffiliated elector shall also announce to the 82
separate table of the official checker or checkers for unaffiliated electors 83
the party in whose primary the elector chooses to vote and the official 84
checker or checkers shall note such party when checking such elector's 85
name on the checklist of unaffiliated electors, manually on paper or 86
electronically, provided such choice shall not alter the elector's 87
unaffiliated status. 88
(d) In each polling place in which two or more parties are holding 89
primaries in which unaffiliated electors are authorized to vote or in 90
which one party is holding a primary in which unaffiliated electors are 91
authorized to vote for some but not all offices to be contested at the 92
primary, the official checker or checkers shall give to each elector 93
checked manually on paper or electronically, a receipt provided by the 94
registrars of voters, in a form prescribed by the Secretary of the State, 95
specifying either (1) the party with which the elector is enrolled, if any, 96
or (2) in the case of an unaffiliated elector, the party in whose primary 97
the elector has so chosen to vote, and whether the elector is authorized 98
to vote for only a partial ballot. 99
(e) If not challenged by anyone lawfully present in the polling place, 100
the elector shall be permitted to pass to the separated area to receive the 101
ballot. The elector shall give any receipt the elector has received to a 102
ballot clerk who shall give the elector a ballot to vote only in the primary 103
of the party specified by the receipt. The elector shall be permitted into 104
the voting booth area, and shall then register his or her vote in secret, 105
except as provided in subsection (f) of this section. Having voted, the 106
elector shall immediately exit the voting booth area and deposit the 107
ballot in the voting tabulator and leave the room. No elector shall remain 108
within the voting booth longer than the time necessary to complete the 109
ballot, and, if the elector refuses to leave such booth after completing the 110
ballot, the elector shall at once be removed by the election officials upon 111
order of the moderator. Not more than one elector at a time shall be 112
permitted to be within the enclosed space which the elector occupies 113
while the elector completes his or her ballot, [provided] except that an 114
elector may be accompanied within such enclosed space by (1) one or 115 Raised Bill No. 477
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more children who are fifteen years of age or younger and supervised 116
by the elector, if the elector is the parent or legal guardian of such 117
children, or (2) an elector with a developmental disability, as described 118
in section 9-12, as amended by this act, pursuant to subsection (f) of this 119
section. If any elector, after entering the voting booth area, asks for 120
further instruction concerning the manner of voting, the election 121
officials shall give such instructions or directions to the elector; but no 122
election official instructing or assisting an elector, except as provided in 123
section 9-264, shall look at the ballot in such a way as to see the elector's 124
markings or in any manner seek to influence any such elector in the 125
casting of the elector's vote. 126
(f) In the case of an elector with a developmental disability, as 127
described in section 9-12, as amended by this act, the legal 128
representative of such elector may assist such elector in performing any 129
action under this section, provided such legal representative shall 130
present to the registrar of voters or assistant registrar of voters, as the 131
case may be, information sufficient to prove such a relationship with 132
such elector. 133
Sec. 3. Section 9-19j of the general statutes is repealed and the 134
following is substituted in lieu thereof (Effective from passage): 135
(a) As used in this subsection and subsections (b) to [(i)] (j), inclusive, 136
of this section, "election day" means the day on which a regular election, 137
as defined in section 9-1, is held. 138
(b) Notwithstanding the provisions of this chapter, a person who (1) 139
is (A) not an elector, or (B) an elector registered in a municipality who 140
wishes to change his or her registration to another municipality 141
pursuant to the provisions of subdivision (2) of subsection (e) of this 142
section, and (2) meets the eligibility requirements under subsection (a) 143
of section 9-12, as amended by this act, may apply for admission as an 144
elector on election day pursuant to the provisions of subsections (a) to 145
[(i)] (j), inclusive, of this section. 146
(c) (1) The registrars of voters shall designate a location for the 147 Raised Bill No. 477
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completion and processing of election day registration applications on 148
election day, provided the registrars of voters have access to the state-149
wide centralized voter registration system from such location. 150
(2) The registrars of voters may appoint one or more election officials 151
to serve at such location and may delegate to such election officials any 152
of the responsibilities assigned to the registrars of voters. The registrars 153
of voters shall supervise such election officials and train such election 154
officials to be election day registration election officials. 155
(d) Any person applying to register on election day under the 156
provisions of subsections (a) to [(i)] (j), inclusive, of this section shall 157
make application in accordance with the provisions of section 9-20, 158
provided (1) on election day, the applicant shall appear in person at the 159
location designated by the registrars of voters for election day 160
registration, (2) an applicant who is a student enrolled at an institution 161
of higher education may submit a current photo identification card 162
issued by said institution in lieu of the identification required by section 163
9-20, and (3) the applicant shall declare under oath that the applicant 164
has not previously voted in the election. If the information that the 165
applicant is required to provide under section 9-20 and subsections (a) 166
to [(i)] (j), inclusive, of this section does not include proof of the 167
applicant's residential address, the applicant shall also submit 168
identification that shows the applicant's bona fide residence address, 169
including, but not limited to, a learner's permit issued under section 14-170
36 or a utility bill that has the applicant's name and current address and 171
that has a due date that is not later than thirty days after the election or, 172
in the case of a student enrolled at an institution of higher education, a 173
registration or fee statement from such institution that has the 174
applicant's name and current address. 175
(e) If the registrars of voters determine that an applicant satisfies the 176
application requirements set forth in subsection (d) of this section, the 177
registrars of voters shall check the state-wide centralized voter 178
registration system before admitting such applicant as an elector. 179 Raised Bill No. 477
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(1) If the registrars of voters determine that the applicant is not 180
already an elector, the registrars of voters shall admit the applicant as 181
an elector and the privileges of an elector shall attach immediately. 182
(2) If the registrars of voters determine that such applicant is an 183
elector in another municipality and such applicant states that he or she 184
wants to change the municipality in which the applicant is an elector, 185
notwithstanding the provisions of section 9-21, the registrars of voters 186
of the municipality in which such elector now seeks to register shall 187
immediately notify the registrars of voters in such other municipality 188
that such elector is changing the municipality in which the applicant is 189
an elector. The registrars of voters in such other municipality shall notify 190
the election officials in such municipality to remove such elector from 191
the official voter list of such municipality. Such election officials shall 192
cross through the elector's name on such official voter list and mark "off" 193
next to such elector's name on such official voter list. 194
(A) If it is reported that such applicant already voted in such other 195
municipality, the registrars of voters of such other municipality shall 196
immediately notify the registrars of voters of the municipality in which 197
such elector now seeks to register. In such event, such elector shall not 198
receive an election day registration ballot from the registrars of voters 199
of the municipality in which such elector now seeks to register. For any 200
such elector, the election day registration process shall cease in the 201
municipality in which such elector now seeks to register and such 202
matter shall be reviewed by the registrars of voters in the municipality 203
in which such elector now seeks to register. After completion of such 204
review, if a resolution of the matter [can not] cannot be made, such 205
matter shall be reported to the State Elections Enforcement Commission 206
which shall conduct an investigation of the matter. 207
(B) If there is no such report that such applicant already voted in the 208
other municipality, the registrars of voters of the municipality in which 209
the applicant seeks to register shall admit the applicant as an elector and 210
the privileges of an elector shall attach immediately. 211 Raised Bill No. 477
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(f) If the applicant is admitted as an elector, the registrars of voters 212
shall provide the elector with an election day registration ballot and 213
election day registration envelope and shall make a record of such 214
issuance. The elector shall complete an affirmation imprinted upon the 215
back of the envelope for an election day registration ballot and shall 216
declare under oath that the applicant has not previously voted in the 217
election. The affirmation shall be in the form substantially as follows and 218
signed by the voter: 219
AFFIRMATION: I, the undersigned, do hereby state, under penalty 220
of false statement, (perjury) that: 221
1. I am the person admitted here as an elector in the town indicated. 222
2. I am eligible to vote in the election indicated for today in the town 223
indicated. 224
3. The information on my voter registration card is correct and 225
complete. 226
4. I reside at the address that I have given to the registrars of voters. 227
5. If previously registered at another location, I have provided such 228
address to the registrars of voters and hereby request cancellation of 229
such prior registration. 230
6. I have not voted in person or by absentee ballot and I will not vote 231
otherwise than by this ballot at this election. 232
7. I completed an application for an election day registration ballot 233
and received an election day registration ballot. 234
.... (Signature of voter) 235
(g) The elector shall forthwith mark the election day registration 236
ballot in the presence of the registrars of voters in such a manner that 237
the registrars of voters shall not know how the election day registration 238
ballot is marked. The elector shall place the election day registration 239 Raised Bill No. 477
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ballot in the election day registration ballot envelope provided, and 240
deposit such envelope in a secured election day registration ballot 241
depository receptacle. At the time designated by the registrars of voters 242
and noticed to election officials, the registrars of voters shall transport 243
such receptacle containing the election day registration ballots to the 244
central location or polling place, pursuant to subsection (b) of section 9-245
147a, where absentee ballots are counted and such election day 246
registration ballots shall be counted by the election officials present at 247
such central location or polling place. A section of the head moderator's 248
return shall show the number of election day registration ballots 249
received from electors. The registrars of voters shall seal a copy of the 250
vote tally for election day registration ballots in a depository envelope 251
with the election day registration ballots and store such election day 252
registration depository envelope with the other election results 253
materials. The election day registration depository envelope shall be 254
preserved by the registrars of voters for the period of time required to 255
preserve counted ballots for elections. 256
(h) The provisions of the general statutes and regulations concerning 257
procedures relating to the custody, control and counting of absentee 258
ballots shall apply as nearly as possible, to the custody, control and 259
counting of election day registration ballots under subsections (a) to [(i)] 260
(j), inclusive, of this section. 261
(i) After the acceptance of an election day registration, the registrars 262
of voters shall forthwith send a registration confirmation notice to the 263
residential address of each applicant who is admitted as an elector on 264
election day under subsections (a) to [(i)] (j), inclusive, of this section. 265
Such confirmation shall be sent by first class mail with instructions on 266
the envelope that it be returned if not deliverable at the address shown 267
on the envelope. If a confirmation notice is returned undelivered, the 268
registrars shall forthwith take the necessary action in accordance with 269
section 9-35 or 9-43, as applicable, notwithstanding the May first 270
deadline in section 9-35. 271
(j) In the case of an elector with a developmental disability, as 272 Raised Bill No. 477
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described in section 9-12, as amended by this act, the legal 273
representative of such elector may assist such elector in performing any 274
action under this section, provided such legal representative shall 275
present to the registrar of voters or election official appointed by such 276
registrar under this section, as the case may be, information sufficient to 277
prove such a relationship with such elector. 278
[(j)] (k) No person shall solicit in behalf of or in opposition to the 279
candidacy of another or himself or herself or in behalf of or in opposition 280
to any question being submitted at the election, or loiter or peddle or 281
offer any advertising matter, ballot or circular to another person within 282
a radius of seventy-five feet of any outside entrance in use as an entry 283
to the registrars' of voters designated location for election day 284
registration balloting or in any corridor, passageway or other approach 285
leading from any such outside entrance to such registrars' of voters 286
designated location or in any room opening upon any such corridor, 287
passageway or approach. 288
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-12
Sec. 2 from passage 9-261
Sec. 3 from passage 9-19j
Statement of Purpose:
To (1) remove from the voter eligibility statute the restriction as to
mental incompetence, (2) permit an individual with a diagnosed
developmental disability to be admitted as, or preregistered to be, an
elector if such individual or the legal representative thereof certifies
under oath to the satisfaction of all voter eligibility requirements, and
(3) permit such legal representative to assist such individual during the
process of in-person voting at the polling place or registration and
voting at an election day registration location.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]