Connecticut 2020 Regular Session

Connecticut Senate Bill SB00477 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2835 1 of 10
4	4
5	5	General Assembly Raised Bill No. 477
6	6	February Session, 2020
7	7	LCO No. 2835
8	8
9	9
10	10	Referred to Committee on GOVERNMENT ADMINISTRATION
11	11	AND ELECTIONS
12	12
13	13
14	14	Introduced by:
15	15	(GAE)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING EL IGIBILITY FOR ADMISSION AS AN
21	21	ELECTOR AND CERTAIN ASSISTANCE IN VOTING.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 9-12 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective from passage): 2
27	27	(a) Each citizen of the United States who has attained the age of 3
28	28	eighteen years, and who is a bona fide resident of the town to which the 4
29	29	citizen applies for admission as an elector shall, on approval by the 5
30	30	registrars of voters or town clerk of the town of residence of such citizen, 6
31	31	as prescribed by law, be an elector, except as provided in subsection (b) 7
32	32	of this section. Prior to admission as an elector, any such citizen who has 8
33	33	a developmental disability, as determined by a licensed physician who 9
34	34	specializes in primary care, or the citizen's legal representative, shall 10
35	35	certify under oath that the citizen meets the qualifications set forth in 11
36	36	this subsection. For purposes of this section, (1) a person shall be 12
37	37	deemed to have attained the age of eighteen years on the day of the 13
38	38	person's eighteenth birthday, [and] (2) a person shall be deemed to be a 14 Raised Bill No. 477
39	39
40	40
41	41
42	42	LCO No. 2835 2 of 10
43	43
44	44	bona fide resident of the town to which the citizen applies for admission 15
45	45	as an elector if such person's dwelling unit is located within the 16
46	46	geographic boundaries of such town, [No mentally incompetent person 17
47	47	shall be admitted as an elector] and (3) "legal representative" has the 18
48	48	same meaning as provided in section 17a-488. 19
49	49	(b) Any citizen who will have attained the age of eighteen years on or 20
50	50	before the day of a regular election may apply for admission as an 21
51	51	elector. At the time of such application, any such citizen who has a 22
52	52	developmental disability, as determined by a licensed physician who 23
53	53	specializes in primary care, or the citizen's legal representative, shall 24
54	54	certify under oath that the citizen meets each other qualification set forth 25
55	55	in subsection (a) of this section. If such citizen is found to be qualified, 26
56	56	the citizen shall become an elector on the day of the citizen's eighteenth 27
57	57	birthday. The registrars shall add the name of any person applying 28
58	58	under this subsection, if found qualified, to the registry list and, if 29
59	59	applicable, to the enrollment list, together with the effective date of his 30
60	60	registration. The registrars may place the name of each such person at 31
61	61	the end of the registry and enrollment lists for the voting district. 32
62	62	Sec. 2. Section 9-261 of the general statutes is repealed and the 33
63	63	following is substituted in lieu thereof (Effective from passage): 34
64	64	(a) In each primary, election or referendum, when an elector has 35
65	65	entered the polling place, the elector shall announce the elector's street 36
66	66	address, if any, and the elector's name to the official checker or checkers 37
67	67	in a tone sufficiently loud and clear as to enable all the election officials 38
68	68	present to hear the same. Each elector who registered to vote by mail for 39
69	69	the first time on or after January 1, 2003, and has a "mark" next to the 40
70	70	elector's name on the official registry list, as required by section 9-23r, 41
71	71	shall present to the official checker or checkers, before the elector votes, 42
72	72	either a current and valid photo identification that shows the elector's 43
73	73	name and address or a copy of a current utility bill, bank statement, 44
74	74	government check, paycheck or other government document that shows 45
75	75	the name and address of the elector. Each other elector shall (1) present 46
76	76	to the official checker or checkers the elector's Social Security card or any 47 Raised Bill No. 477
77	77
78	78
79	79
80	80	LCO No. 2835 3 of 10
81	81
82	82	other preprinted form of identification which shows the elector's name 48
83	83	and either the elector's address, signature or photograph, or (2) on a 49
84	84	form prescribed by the Secretary of the State, write the elector's 50
85	85	residential address and date of birth, print the elector's name and sign a 51
86	86	statement under penalty of false statement that the elector is the elector 52
87	87	whose name appears on the official checklist. Such form shall clearly 53
88	88	state the penalty of false statement. A separate form shall be used for 54
89	89	each elector. If the elector presents a preprinted form of identification 55
90	90	under subdivision (1) of this subsection, the official checker or checkers 56
91	91	shall check the name of such elector on the official checklist, manually 57
92	92	on paper or electronically. If the elector completes the form under 58
93	93	subdivision (2) of this subsection, the registrar of voters or the assistant 59
94	94	registrar of voters, as the case may be, shall examine the information on 60
95	95	such form and either instruct the official checker or checkers to check 61
96	96	the name of such elector on the official checklist, manually on paper or 62
97	97	electronically, or notify the elector that the form is incomplete or 63
98	98	inaccurate. 64
99	99	(b) In the event that an elector is present at the polling place but is 65
100	100	unable to gain access to the polling place due to a temporary incapacity, 66
101	101	the elector may request that the ballot be brought to him or her. The 67
102	102	registrars of voters or the assistant registrars of voters, as the case may 68
103	103	be, shall take such ballot, along with a privacy sleeve to such elector. 69
104	104	The elector shall show identification, in accordance with the provisions 70
105	105	of this section. The elector shall forthwith mark the ballot in the presence 71
106	106	of the election officials in such manner that the election officials shall not 72
107	107	know how the ballot is marked. The elector shall place the ballot in the 73
108	108	privacy sleeve. The election officials shall mark the elector's name on the 74
109	109	official voter list, manually on paper or electronically, as having voted 75
110	110	in person and deliver such ballot and privacy sleeve to the voting 76
111	111	tabulator where such ballot shall be placed into the tabulator, by the 77
112	112	election official, for counting. The moderator shall record such activity 78
113	113	in the moderator's diary. 79
114	114	(c) In each polling place in which two or more parties are holding 80
115	115	primaries in which unaffiliated electors are authorized to vote, pursuant 81 Raised Bill No. 477
116	116
117	117
118	118
119	119	LCO No. 2835 4 of 10
120	120
121	121	to section 9-431, an unaffiliated elector shall also announce to the 82
122	122	separate table of the official checker or checkers for unaffiliated electors 83
123	123	the party in whose primary the elector chooses to vote and the official 84
124	124	checker or checkers shall note such party when checking such elector's 85
125	125	name on the checklist of unaffiliated electors, manually on paper or 86
126	126	electronically, provided such choice shall not alter the elector's 87
127	127	unaffiliated status. 88
128	128	(d) In each polling place in which two or more parties are holding 89
129	129	primaries in which unaffiliated electors are authorized to vote or in 90
130	130	which one party is holding a primary in which unaffiliated electors are 91
131	131	authorized to vote for some but not all offices to be contested at the 92
132	132	primary, the official checker or checkers shall give to each elector 93
133	133	checked manually on paper or electronically, a receipt provided by the 94
134	134	registrars of voters, in a form prescribed by the Secretary of the State, 95
135	135	specifying either (1) the party with which the elector is enrolled, if any, 96
136	136	or (2) in the case of an unaffiliated elector, the party in whose primary 97
137	137	the elector has so chosen to vote, and whether the elector is authorized 98
138	138	to vote for only a partial ballot. 99
139	139	(e) If not challenged by anyone lawfully present in the polling place, 100
140	140	the elector shall be permitted to pass to the separated area to receive the 101
141	141	ballot. The elector shall give any receipt the elector has received to a 102
142	142	ballot clerk who shall give the elector a ballot to vote only in the primary 103
143	143	of the party specified by the receipt. The elector shall be permitted into 104
144	144	the voting booth area, and shall then register his or her vote in secret, 105
145	145	except as provided in subsection (f) of this section. Having voted, the 106
146	146	elector shall immediately exit the voting booth area and deposit the 107
147	147	ballot in the voting tabulator and leave the room. No elector shall remain 108
148	148	within the voting booth longer than the time necessary to complete the 109
149	149	ballot, and, if the elector refuses to leave such booth after completing the 110
150	150	ballot, the elector shall at once be removed by the election officials upon 111
151	151	order of the moderator. Not more than one elector at a time shall be 112
152	152	permitted to be within the enclosed space which the elector occupies 113
153	153	while the elector completes his or her ballot, [provided] except that an 114
154	154	elector may be accompanied within such enclosed space by (1) one or 115 Raised Bill No. 477
155	155
156	156
157	157
158	158	LCO No. 2835 5 of 10
159	159
160	160	more children who are fifteen years of age or younger and supervised 116
161	161	by the elector, if the elector is the parent or legal guardian of such 117
162	162	children, or (2) an elector with a developmental disability, as described 118
163	163	in section 9-12, as amended by this act, pursuant to subsection (f) of this 119
164	164	section. If any elector, after entering the voting booth area, asks for 120
165	165	further instruction concerning the manner of voting, the election 121
166	166	officials shall give such instructions or directions to the elector; but no 122
167	167	election official instructing or assisting an elector, except as provided in 123
168	168	section 9-264, shall look at the ballot in such a way as to see the elector's 124
169	169	markings or in any manner seek to influence any such elector in the 125
170	170	casting of the elector's vote. 126
171	171	(f) In the case of an elector with a developmental disability, as 127
172	172	described in section 9-12, as amended by this act, the legal 128
173	173	representative of such elector may assist such elector in performing any 129
174	174	action under this section, provided such legal representative shall 130
175	175	present to the registrar of voters or assistant registrar of voters, as the 131
176	176	case may be, information sufficient to prove such a relationship with 132
177	177	such elector. 133
178	178	Sec. 3. Section 9-19j of the general statutes is repealed and the 134
179	179	following is substituted in lieu thereof (Effective from passage): 135
180	180	(a) As used in this subsection and subsections (b) to [(i)] (j), inclusive, 136
181	181	of this section, "election day" means the day on which a regular election, 137
182	182	as defined in section 9-1, is held. 138
183	183	(b) Notwithstanding the provisions of this chapter, a person who (1) 139
184	184	is (A) not an elector, or (B) an elector registered in a municipality who 140
185	185	wishes to change his or her registration to another municipality 141
186	186	pursuant to the provisions of subdivision (2) of subsection (e) of this 142
187	187	section, and (2) meets the eligibility requirements under subsection (a) 143
188	188	of section 9-12, as amended by this act, may apply for admission as an 144
189	189	elector on election day pursuant to the provisions of subsections (a) to 145
190	190	[(i)] (j), inclusive, of this section. 146
191	191	(c) (1) The registrars of voters shall designate a location for the 147 Raised Bill No. 477
192	192
193	193
194	194
195	195	LCO No. 2835 6 of 10
196	196
197	197	completion and processing of election day registration applications on 148
198	198	election day, provided the registrars of voters have access to the state-149
199	199	wide centralized voter registration system from such location. 150
200	200	(2) The registrars of voters may appoint one or more election officials 151
201	201	to serve at such location and may delegate to such election officials any 152
202	202	of the responsibilities assigned to the registrars of voters. The registrars 153
203	203	of voters shall supervise such election officials and train such election 154
204	204	officials to be election day registration election officials. 155
205	205	(d) Any person applying to register on election day under the 156
206	206	provisions of subsections (a) to [(i)] (j), inclusive, of this section shall 157
207	207	make application in accordance with the provisions of section 9-20, 158
208	208	provided (1) on election day, the applicant shall appear in person at the 159
209	209	location designated by the registrars of voters for election day 160
210	210	registration, (2) an applicant who is a student enrolled at an institution 161
211	211	of higher education may submit a current photo identification card 162
212	212	issued by said institution in lieu of the identification required by section 163
213	213	9-20, and (3) the applicant shall declare under oath that the applicant 164
214	214	has not previously voted in the election. If the information that the 165
215	215	applicant is required to provide under section 9-20 and subsections (a) 166
216	216	to [(i)] (j), inclusive, of this section does not include proof of the 167
217	217	applicant's residential address, the applicant shall also submit 168
218	218	identification that shows the applicant's bona fide residence address, 169
219	219	including, but not limited to, a learner's permit issued under section 14-170
220	220	36 or a utility bill that has the applicant's name and current address and 171
221	221	that has a due date that is not later than thirty days after the election or, 172
222	222	in the case of a student enrolled at an institution of higher education, a 173
223	223	registration or fee statement from such institution that has the 174
224	224	applicant's name and current address. 175
225	225	(e) If the registrars of voters determine that an applicant satisfies the 176
226	226	application requirements set forth in subsection (d) of this section, the 177
227	227	registrars of voters shall check the state-wide centralized voter 178
228	228	registration system before admitting such applicant as an elector. 179 Raised Bill No. 477
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230	230
231	231
232	232	LCO No. 2835 7 of 10
233	233
234	234	(1) If the registrars of voters determine that the applicant is not 180
235	235	already an elector, the registrars of voters shall admit the applicant as 181
236	236	an elector and the privileges of an elector shall attach immediately. 182
237	237	(2) If the registrars of voters determine that such applicant is an 183
238	238	elector in another municipality and such applicant states that he or she 184
239	239	wants to change the municipality in which the applicant is an elector, 185
240	240	notwithstanding the provisions of section 9-21, the registrars of voters 186
241	241	of the municipality in which such elector now seeks to register shall 187
242	242	immediately notify the registrars of voters in such other municipality 188
243	243	that such elector is changing the municipality in which the applicant is 189
244	244	an elector. The registrars of voters in such other municipality shall notify 190
245	245	the election officials in such municipality to remove such elector from 191
246	246	the official voter list of such municipality. Such election officials shall 192
247	247	cross through the elector's name on such official voter list and mark "off" 193
248	248	next to such elector's name on such official voter list. 194
249	249	(A) If it is reported that such applicant already voted in such other 195
250	250	municipality, the registrars of voters of such other municipality shall 196
251	251	immediately notify the registrars of voters of the municipality in which 197
252	252	such elector now seeks to register. In such event, such elector shall not 198
253	253	receive an election day registration ballot from the registrars of voters 199
254	254	of the municipality in which such elector now seeks to register. For any 200
255	255	such elector, the election day registration process shall cease in the 201
256	256	municipality in which such elector now seeks to register and such 202
257	257	matter shall be reviewed by the registrars of voters in the municipality 203
258	258	in which such elector now seeks to register. After completion of such 204
259	259	review, if a resolution of the matter [can not] cannot be made, such 205
260	260	matter shall be reported to the State Elections Enforcement Commission 206
261	261	which shall conduct an investigation of the matter. 207
262	262	(B) If there is no such report that such applicant already voted in the 208
263	263	other municipality, the registrars of voters of the municipality in which 209
264	264	the applicant seeks to register shall admit the applicant as an elector and 210
265	265	the privileges of an elector shall attach immediately. 211 Raised Bill No. 477
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267	267
268	268
269	269	LCO No. 2835 8 of 10
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271	271	(f) If the applicant is admitted as an elector, the registrars of voters 212
272	272	shall provide the elector with an election day registration ballot and 213
273	273	election day registration envelope and shall make a record of such 214
274	274	issuance. The elector shall complete an affirmation imprinted upon the 215
275	275	back of the envelope for an election day registration ballot and shall 216
276	276	declare under oath that the applicant has not previously voted in the 217
277	277	election. The affirmation shall be in the form substantially as follows and 218
278	278	signed by the voter: 219
279	279	AFFIRMATION: I, the undersigned, do hereby state, under penalty 220
280	280	of false statement, (perjury) that: 221
281	281	1. I am the person admitted here as an elector in the town indicated. 222
282	282	2. I am eligible to vote in the election indicated for today in the town 223
283	283	indicated. 224
284	284	3. The information on my voter registration card is correct and 225
285	285	complete. 226
286	286	4. I reside at the address that I have given to the registrars of voters. 227
287	287	5. If previously registered at another location, I have provided such 228
288	288	address to the registrars of voters and hereby request cancellation of 229
289	289	such prior registration. 230
290	290	6. I have not voted in person or by absentee ballot and I will not vote 231
291	291	otherwise than by this ballot at this election. 232
292	292	7. I completed an application for an election day registration ballot 233
293	293	and received an election day registration ballot. 234
294	294	.... (Signature of voter) 235
295	295	(g) The elector shall forthwith mark the election day registration 236
296	296	ballot in the presence of the registrars of voters in such a manner that 237
297	297	the registrars of voters shall not know how the election day registration 238
298	298	ballot is marked. The elector shall place the election day registration 239 Raised Bill No. 477
299	299
300	300
301	301
302	302	LCO No. 2835 9 of 10
303	303
304	304	ballot in the election day registration ballot envelope provided, and 240
305	305	deposit such envelope in a secured election day registration ballot 241
306	306	depository receptacle. At the time designated by the registrars of voters 242
307	307	and noticed to election officials, the registrars of voters shall transport 243
308	308	such receptacle containing the election day registration ballots to the 244
309	309	central location or polling place, pursuant to subsection (b) of section 9-245
310	310	147a, where absentee ballots are counted and such election day 246
311	311	registration ballots shall be counted by the election officials present at 247
312	312	such central location or polling place. A section of the head moderator's 248
313	313	return shall show the number of election day registration ballots 249
314	314	received from electors. The registrars of voters shall seal a copy of the 250
315	315	vote tally for election day registration ballots in a depository envelope 251
316	316	with the election day registration ballots and store such election day 252
317	317	registration depository envelope with the other election results 253
318	318	materials. The election day registration depository envelope shall be 254
319	319	preserved by the registrars of voters for the period of time required to 255
320	320	preserve counted ballots for elections. 256
321	321	(h) The provisions of the general statutes and regulations concerning 257
322	322	procedures relating to the custody, control and counting of absentee 258
323	323	ballots shall apply as nearly as possible, to the custody, control and 259
324	324	counting of election day registration ballots under subsections (a) to [(i)] 260
325	325	(j), inclusive, of this section. 261
326	326	(i) After the acceptance of an election day registration, the registrars 262
327	327	of voters shall forthwith send a registration confirmation notice to the 263
328	328	residential address of each applicant who is admitted as an elector on 264
329	329	election day under subsections (a) to [(i)] (j), inclusive, of this section. 265
330	330	Such confirmation shall be sent by first class mail with instructions on 266
331	331	the envelope that it be returned if not deliverable at the address shown 267
332	332	on the envelope. If a confirmation notice is returned undelivered, the 268
333	333	registrars shall forthwith take the necessary action in accordance with 269
334	334	section 9-35 or 9-43, as applicable, notwithstanding the May first 270
335	335	deadline in section 9-35. 271
336	336	(j) In the case of an elector with a developmental disability, as 272 Raised Bill No. 477
337	337
338	338
339	339
340	340	LCO No. 2835 10 of 10
341	341
342	342	described in section 9-12, as amended by this act, the legal 273
343	343	representative of such elector may assist such elector in performing any 274
344	344	action under this section, provided such legal representative shall 275
345	345	present to the registrar of voters or election official appointed by such 276
346	346	registrar under this section, as the case may be, information sufficient to 277
347	347	prove such a relationship with such elector. 278
348	348	[(j)] (k) No person shall solicit in behalf of or in opposition to the 279
349	349	candidacy of another or himself or herself or in behalf of or in opposition 280
350	350	to any question being submitted at the election, or loiter or peddle or 281
351	351	offer any advertising matter, ballot or circular to another person within 282
352	352	a radius of seventy-five feet of any outside entrance in use as an entry 283
353	353	to the registrars' of voters designated location for election day 284
354	354	registration balloting or in any corridor, passageway or other approach 285
355	355	leading from any such outside entrance to such registrars' of voters 286
356	356	designated location or in any room opening upon any such corridor, 287
357	357	passageway or approach. 288
358	358	This act shall take effect as follows and shall amend the following
359	359	sections:
360	360
361	361	Section 1 from passage 9-12
362	362	Sec. 2 from passage 9-261
363	363	Sec. 3 from passage 9-19j
364	364
365	365	Statement of Purpose:
366	366	To (1) remove from the voter eligibility statute the restriction as to
367	367	mental incompetence, (2) permit an individual with a diagnosed
368	368	developmental disability to be admitted as, or preregistered to be, an
369	369	elector if such individual or the legal representative thereof certifies
370	370	under oath to the satisfaction of all voter eligibility requirements, and
371	371	(3) permit such legal representative to assist such individual during the
372	372	process of in-person voting at the polling place or registration and
373	373	voting at an election day registration location.
374	374	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
375	375	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
376	376	underlined.]
377	377