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General Assembly Committee Bill No. 5651
January Session, 2021
LCO No. 4904
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING AB SENTEE BALLOTS FOR C ERTAIN
DETAINED INDIVIDUALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-14a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Any [person] elector in the custody of the state or a municipality 3
being held at a community correctional center, [or] a correctional 4
institution [, whose voting rights have not been denied] or a lockup, as 5
defined in section 7-135, and whose privileges as an elector have not 6
been forfeited by reason of conviction of any disfranchising crime, shall 7
be deemed to be absent from the [town or city of which he] municipality 8
of which such elector is an inhabitant for purposes of voting, 9
notwithstanding that such center or institution may be situated within 10
such [town or city] municipality. 11
(b) In the case of any such elector described in subsection (a) of this 12
section, the administrative head of any such center, institution or lockup 13
shall distribute to such elector an absentee ballot application if it is 14
expected that such elector will be unable to appear at the polling place 15
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on the day of any election, primary or referendum. Such administrative 16
head shall assist in returning any such completed application to the 17
registrars of voters of the municipality of which such elector is an 18
inhabitant. In carrying out the duties of this subsection, such 19
administrative head shall comply with the provisions of section 9-140. 20
Sec. 2. Subsections (a) and (b) of section 9-140b of the general statutes 21
are repealed and the following is substituted in lieu thereof (Effective 22
from passage): 23
(a) An absentee ballot shall be cast at a primary, election or 24
referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a 25
designee of a person who applies for an absentee ballot (i) because of 26
illness or physical disability, or (ii) because such person is in the custody 27
of the state or a municipality, as described in section 9-14a, as amended 28
by this act, or (C) a member of the immediate family of an applicant who 29
is a student, so that it is received by the clerk of the municipality in 30
which the applicant is qualified to vote not later than the close of the 31
polls; (2) it is returned in person by the applicant [in person] to the clerk 32
by the day before a regular election, special election or primary or prior 33
to the opening of the polls on the day of a referendum; (3) it is returned 34
in person by a designee of (A) an ill or physically disabled ballot 35
applicant, [in person] or (B) a ballot applicant who is in the custody of 36
the state or a municipality, as described in section 9-14a, as amended by 37
this act, to said clerk not later than the close of the polls on the day of 38
the election, primary or referendum; (4) it is returned by a member of 39
the immediate family of the absentee voter, in person, to said clerk not 40
later than the close of the polls on the day of the election, primary or 41
referendum; (5) in the case of a presidential or overseas ballot, it is 42
mailed or otherwise returned pursuant to the provisions of section 9-43
158g; or (6) it is returned with the proper identification as required by 44
the Help America Vote Act, P.L. 107-252, as amended from time to time, 45
if applicable, inserted in the outer envelope so such identification can be 46
viewed without opening the inner envelope. A person returning an 47
absentee ballot to the municipal clerk pursuant to subdivision (3) or (4) 48
of this subsection shall present identification and, on the outer envelope 49
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of the absentee ballot, sign his name in the presence of the municipal 50
clerk, and indicate his address, his relationship to the voter or his 51
position, and the date and time of such return. As used in this section, 52
"immediate family" means a dependent relative who resides in the 53
individual's household or any spouse, child or parent of the individual. 54
(b) As used in this section and section 9-150c, "designee" means (1) a 55
person who is caring for the applicant because of the applicant's illness 56
or physical disability, including but not limited to, a licensed physician 57
or a registered or practical nurse, (2) a member of the applicant's family, 58
who is designated by an absentee ballot applicant and who consents to 59
such designation, [or] (3) the administrative head of any community 60
correctional center, correctional institution or lockup at which the 61
applicant who is in the custody of the state or a municipality, as 62
described in section 9-14a, as amended by this act, is being held, or (4) if 63
no such person consents or is available, then a police officer, registrar of 64
voters, deputy registrar of voters or assistant registrar of voters in the 65
municipality in which the applicant resides. 66
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-14a
Sec. 2 from passage 9-140b(a) and (b)
Statement of Purpose:
To allow certain individuals detained in correctional facilities to submit
absentee ballot applications and be able to cast an absentee ballot if they
expect to be unable to appear at the polling place on the day of any
election, primary or referendum.
[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.]
Co-Sponsors: REP. ROSARIO, 128th Dist.; REP. WINKLER, 56th Dist.
REP. MICHEL, 146th Dist.
H.B. 5651
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