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OLR Bill Analysis
HB 6464
AN ACT EXTENDING TO MAY 31, 2021, SEVERAL CHANGES
IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT
OF COVID-19.
SUMMARY
This bill extends to May 31, 2021, certain changes affecting absentee
voting eligibility and procedures implemented for the 2020 state
election by PA 20-3, July 2020 Special Session, as a result of COVID-19.
Generally, for a state or municipal election, primary, or referendum
occurring before June 1, 2021, the bill does the following:
1. expands the reasons for which electors may vote by absentee
ballot to include the COVID-19 sickness;
2. authorizes the secretary of the state to change absentee voting
forms and materials to conform to the expanded eligibility;
3. authorizes town clerks to mail absentee voting sets using a
third-party vendor that the secretary of the state approves and
selects;
4. requires town clerks to designate, and authorizes absentee
voters to return absentee ballots to, drop boxes; and
5. authorizes the secretary of the state, subject to certain
conditions, to waive mandatory supervised absentee voting
requirements.
The bill also makes technical changes.
EFFECTIVE DATE: Upon passage
§§ 1-3 — EXPANDED ABSENTEE VOTING AUTHORIZATION AND
UPDATED FORMS 2021HB-06464-R000046-BA.DOCX
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For a state or municipal election, primary, or referendum occurring
before June 1, 2021 (hereafter, “covered election, primary, or
referendum”), the bill expands the reasons for which electors may vote
by absentee ballot to include the COVID -19 sickness (see
BACKGROUND). Under the bill, "COVID-19" means the respiratory
disease designated as "coronavirus 2019" by the World Health
Organization (WHO) on February 11, 2020, and any related mutation
of it that the WHO recognizes as a communicable respiratory disease.
The bill requires that absentee ballots be updated for a covered
election, primary, or referendum by inserting on the inner envelope’s
statement “the sickness of COVID-19” as a reason for which electors
may vote absentee. As with other types of absentee voters, those who
vote by absentee ballot due to the COVID-19 sickness must sign the
ballot under penalties of false statement in absentee balloting. By law,
false statement in absentee balloting is a class D felony, punishable by
up to five years in prison, up to a $5,000 fine, or both (CGS § 9-359a).
The bill also gives the secretary of the state broad authority to make
changes to absentee voting forms and materials for a covered election,
primary, or referendum when, in her opinion, changes are necessary to
conform to law. The authorization applies to prescribed absentee
voting forms and printed, recorded, or electronic materials.
§§ 4 & 5 — ABSENTEE BALLOT DELI VERY AND RETURN
Delivery
The bill, with certain exceptions, authorizes town clerks to mail
absentee voting sets for a covered election, primary, or referendum
using a third-party vendor that the secretary of the state approves and
selects. It also requires (1) town clerks to mail the absentee voting sets
within 48 hours, rather than within 24 hours, after receiving an
application and (2) that any contract between the secretary and a third-
party vendor require the vendor to mail each set within 72 hours after
receiving it from the clerk.
The bill’s provisions on mailing absentee ballot sets do not apply
when a referendum is held with fewer than three weeks’ notice since, 2021HB-06464-R000046-BA.DOCX
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by law, town clerks may provide absentee ballots for these referenda
only to people who apply in person (CGS § 9-369c(a)).
Return
By law, voters may return completed absentee ballots via mail (e.g.,
the U.S. Postal Service) or in-person at the town clerk’s office. Under
the bill, for a covered state or municipal election, primary, or
referendum, they may also deposit them in secure drop boxes
designated by their town clerk for that purpose. Town clerks must
designate the drop boxes following instructions that the secretary of
the state prescribes.
Beginning 29 days before a covered election, primary, or
referendum, and each weekday thereafter until the polls close, town
clerks must retrieve absentee ballots from the secure drop boxes.
(Presumably, for primaries and referenda, the requirement applies
only after town clerks begin issuing absentee ballot sets (see
BACKGROUND).)
§ 6 — MANDATORY SUPERVISED ABSENTEE VOTING
The bill authorizes the secretary of the state to waive any
requirements under the mandatory supervised absentee voting law for
a covered election or primary (see BACKGROUND). To waive a
requirement, she must do so in recognition of the governor’s March 10,
2020, declaration of public health and civil preparedness emergencies.
Before any waiver, the secretary must (1) consult with the public
health commissioner or the commissioner’s designee and (2) give
written notice to the town clerk and registrars of voters in each affected
municipality.
BACKGROUND
Permitted Reasons for Voting by Absentee Ballot
The state constitution authorizes the General Assembly to pass a
law allowing eligible voters to cast their votes by absentee ballot if they
are unable to appear at a polling place on election day because of (1)
absence from their city or town, (2) sickness or physical disability, or
(3) the tenets of their religion prohibit secular activity (Art. VI, § 7). The 2021HB-06464-R000046-BA.DOCX
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General Assembly exercised this authority and passed laws codified at
CGS § 9-135.
CGS § 9-135 permits eligible voters to vote by absentee ballot if:
1. they are absent from the municipality in which they reside
during all hours of voting;
2. they are ill or have a physical disability;
3. the tenets of their religion forbid secular activity on the day of
the primary, election, or referendum;
4. they are in active service in the U.S. Armed Forces; or
5. their duties as a primary, election, or referendum official
outside of their voting district will keep them away during all
hours of voting.
Issuing Absentee Ballot Sets
By law, town clerks begin issuing absentee voting sets 31 days
before an election and 21 days before a primary; or, if that day falls on
a weekend or holiday, the next preceding business day. Generally,
clerks begin issuing the sets 19 days before a referendum or when an
elector applies for an absentee ballot, whichever is later. However,
when a referendum is held with fewer than three weeks’ notice, clerks
must make the sets available no later than four business days after the
question is finalized (CGS §§ 9-140(f) and 9-369c(a) & (e)).
Mandatory Supervised Absentee Voting
Under the mandatory supervised absentee voting law, registrars of
voters or their designees must supervise absentee voting at
"institutions" (e.g., nursing homes and other residential care and
mental health facilities) in which at least 20 patients are registered
voters (including patients who are registered in a municipality other
than the one where the institution is located). During these voting
sessions, registrars or their designees deliver absentee ballots to the
institution and jointly supervise voters while they fill out the ballots. 2021HB-06464-R000046-BA.DOCX
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Voters have the right to complete their ballots in secret, but registrars
observe the process and are available to assist upon request.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 16 Nay 3 (03/05/2021)