Connecticut 2021 Regular Session

Connecticut House Bill HB06464 Compare Versions

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7	10		General Assembly Raised Bill No. 6464
8	11		January Session, 2021
9	12		LCO No. 3545
10	13
11	14
12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	15	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	16	+	AND ELECTIONS
14	17
15	18
16	19		Introduced by:
17	20		(GAE)
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21	25		AN ACT EXTENDING TO MAY 31, 2021, SEVERAL CHANGES
22	26		IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT OF
23	27		COVID-19.
24	28		Be it enacted by the Senate and House of Representatives in General
25	29		Assembly convened:
26	30
27	31		Section 1. Section 9-135 of the general statutes is repealed and the 1
28	32		following is substituted in lieu thereof (Effective from passage): 2
29	33		(a) Any elector eligible to vote at a primary or an election and any 3
30	34		person eligible to vote at a referendum may vote by absentee ballot if 4
31	35		such elector or person is unable to appear at such elector's or person's 5
32	36		polling place during the hours of voting for any of the following reasons: 6
33	37		(1) Such elector's or person's active service with the armed forces of the 7
34	38		United States; (2) such elector's or person's absence from the town of 8
35	39		such elector's or person's voting residence during all of the hours of 9
36	40		voting; (3) such elector's or person's illness; (4) such elector's or person's 10
37	41		physical disability; (5) the tenets of such elector's or person's religion 11
38		-	forbid secular activity on the day of the primary, election or referendum; 12
39		-	(6) the required performance of such elector's or person's duties as a 13 Raised Bill No. 6464
	42	+	forbid secular activity on the day of the primary, election or referendum; 12 Raised Bill No. 6464
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	48	+	(6) the required performance of such elector's or person's duties as a 13
46	49		primary, election or referendum official, including as a town clerk or 14
47	50		registrar of voters or as staff of the clerk or registrar, at a polling place 15
48	51		other than such elector's or person's own during all of the hours of 16
49	52		voting at such primary, election or referendum; or (7) for the state 17
50	53		election in 2020, and any election, primary or referendum held on or 18
51	54		after the effective date of this section but prior to June 1, 2021, the 19
52	55		sickness of COVID-19. As used in this section, "COVID-19" means the 20
53	56		respiratory disease designated by the World Health Organization on 21
54	57		February 11, 2020, as coronavirus 2019, and any related mutation thereof 22
55	58		recognized by said organization as a communicable respiratory disease. 23
56	59		(b) No person shall misrepresent the eligibility requirements for 24
57	60		voting by absentee ballot prescribed in subsection (a) of this section, to 25
58	61		any elector or prospective absentee ballot applicant. 26
59	62		Sec. 2. Section 9-137 of the general statutes is repealed and the 27
60	63		following is substituted in lieu thereof (Effective from passage): 28
61	64		(a) Each absentee ballot shall be returned to the municipal clerk, 29
62	65		inserted in an inner envelope which shall be capable of being sealed and 30
63	66		which shall have printed on its face a form containing the following 31
64	67		statements: 32
65	68		"I hereby state under the penalties of false statement in absentee 33
66	69		balloting that I am eligible to vote at the primary, election or referendum 34
67	70		in the municipality in which this absentee ballot is to be cast and that I 35
68	71		expect to be unable to appear at my polling place during the hours of 36
69	72		voting at such primary, election or referendum for one or more of the 37
70	73		following reasons: (1) My active service in the armed forces; (2) my 38
71	74		absence from the town in which I am eligible to vote during all of the 39
72	75		hours of voting; (3) my illness or physical disability; (4) the tenets of my 40
73	76		religion which forbid secular activity on the day of the primary, election 41
74	77		or referendum; or (5) my duties as a primary, election or referendum 42
75	78		official. 43
76	79		Date .... 44 Raised Bill No. 6464
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83	85		.... (Signature)" 45
84	86		(b) Notwithstanding the provisions of subsection (a) of this section, 46
85	87		for the state election in 2020, and any election, primary or referendum 47
86	88		held on or after the effective date of this section but prior to June 1, 2021, 48
87	89		each inner envelope in which an absentee ballot is returned to the 49
88	90		municipal clerk shall have printed on its face a form containing the 50
89	91		following statements: 51
90	92		"I hereby state under the penalties of false statement in absentee 52
91	93		balloting that I am eligible to vote at the primary, election or referendum 53
92	94		in the municipality in which this absentee ballot is to be cast and that I 54
93	95		expect to be unable to appear at my polling place during the hours of 55
94	96		voting at such primary, election or referendum for one or more of the 56
95	97		following reasons: (1) My active service in the armed forces; (2) my 57
96	98		absence from the town in which I am eligible to vote during all of the 58
97	99		hours of voting; (3) my illness or physical disability; (4) the tenets of my 59
98	100		religion which forbid secular activity on the day of the primary, election 60
99	101		or referendum; (5) my duties as a primary, election or referendum 61
100	102		official; or (6) the sickness of COVID-19. 62
101	103		Date .... 63
102	104		.... (Signature)" 64
103	105		Sec. 3. Section 9-139b of the general statutes is repealed and the 65
104	106		following is substituted in lieu thereof (Effective from passage): 66
105	107		(a) The Secretary of the State may make any changes in any forms 67
106	108		prescribed by this chapter which, in the opinion of the Secretary, are 68
107	109		necessary to conform to the applicable provisions of federal law. 69
108	110		(b) For the state election in 2020, and any election, primary or 70
109	111		referendum held on or after the effective date of this section but prior to 71
110	112		June 1, 2021, the Secretary of the State may make any changes in any 72
111	113		forms prescribed by this chapter or in any printed, recorded or 73
112	114		electronic material issued pursuant to this chapter which, in the opinion 74 Raised Bill No. 6464
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119	120		of the Secretary, are necessary to conform to the applicable provisions 75
120	121		of law. 76
121	122		Sec. 4. Subsection (g) of section 9-140 of the general statutes is 77
122	123		repealed and the following is substituted in lieu thereof (Effective from 78
123	124		passage): 79
124	125		(g) (1) On the first day of issuance of absentee voting sets the 80
125	126		municipal clerk shall mail an absentee voting set to each applicant 81
126	127		whose application was received by the clerk prior to that day. When the 82
127	128		clerk receives an application during the time period in which absentee 83
128	129		voting sets are to be issued he shall mail an absentee voting set to the 84
129	130		applicant, within twenty-four hours, unless the applicant submits his 85
130	131		application in person at the office of the clerk and asks to be given his 86
131	132		absentee voting set immediately, in which case the clerk shall comply 87
132	133		with the request. Any absentee voting set to be mailed to an applicant 88
133	134		shall be mailed to the bona fide personal mailing address shown on the 89
134	135		application. Issuance of absentee voting sets shall also be subject to the 90
135	136		provisions of subsection (c) of this section, section 9-150c and section 9-91
136	137		159q concerning persons designated to deliver or return ballots in cases 92
137	138		involving unforeseen illness or disability and supervised voting at 93
138	139		certain health care institutions. 94
139	140		(2) Notwithstanding the provisions of subdivision (1) of this 95
140	141		subsection, for the state election in 2020, and any election, primary or 96
141	142		referendum held on or after the effective date of this section but prior to 97
142	143		June 1, 2021, each absentee voting set required to be mailed to an 98
143	144		applicant under said subdivision (A) shall be mailed by the municipal 99
144	145		clerk within forty-eight hours after the application for such absentee 100
145	146		voting set is received by the clerk, or (B) may be mailed by a third-party 101
146	147		mailing vendor approved and selected by the Secretary of the State for 102
147	148		use by the municipal clerk for such purpose, provided any contract 103
148	149		between the Secretary of the State and any such vendor shall require 104
149	150		that such vendor mail each absentee voting set within seventy-two 105
150	151		hours after the application for such absentee voting set is received by 106
151		-	such vendor from the clerk. 107 Raised Bill No. 6464
	152	+	such vendor from the clerk.Sec. 5. Subsection (c) of section 9-140b of the 107 Raised Bill No. 6464
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158		-	Sec. 5. Subsection (c) of section 9-140b of the general statutes is 108
159		-	repealed and the following is substituted in lieu thereof (Effective from 109
160		-	passage): 110
161		-	(c) (1) For purposes of this section, "mailed" means (A) sent by the 111
162		-	United States Postal Service or any commercial carrier, courier or 112
163		-	messenger service recognized and approved by the Secretary of the 113
164		-	State, or (B) for the state election in 2020, and any election, primary or 114
165		-	referendum held on or after the effective date of this section but prior to 115
166		-	June 1, 2021, deposited in a secure drop box designated by the municipal 116
167		-	clerk for such purpose, in accordance with instructions prescribed by 117
168		-	the Secretary. 118
169		-	(2) (A) In the case of absentee ballots mailed under subparagraph (B) 119
170		-	of subdivision (1) of this subsection, beginning on the twenty-ninth day 120
171		-	before the state election in 2020 and on each weekday thereafter until 121
172		-	the close of the polls, the municipal clerk shall [(A)] (i) retrieve from the 122
173		-	secure drop box described in said subparagraph each such ballot 123
174		-	deposited in such drop box, and [(B)] (ii) if the drop box is located 124
175		-	outside a building other than the building where the clerk's office is 125
176		-	located, arrange for the clerk or the clerk's designee to be escorted by a 126
177		-	police officer during such retrieval. 127
178		-	(B) In the case of absentee ballots mailed under subparagraph (B) of 128
179		-	subdivision (1) of this subsection, beginning on the twenty-ninth day 129
180		-	before any election, primary or referendum held on or after the effective 130
181		-	date of this section but prior to June 1, 2021, and on each weekday 131
182		-	thereafter until the close of the polls at such election, primary or 132
183		-	referendum, the municipal clerk shall retrieve from the secure drop box 133
184		-	described in said subparagraph each such ballot deposited in such drop 134
185		-	box. 135
186		-	Sec. 6. Section 9-159r of the general statutes is repealed and the 136
187		-	following is substituted in lieu thereof (Effective from passage): 137
188		-	(a) Notwithstanding any provision of the general statutes to the 138 Raised Bill No. 6464
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	158	+	general statutes is repealed and the following is substituted in lieu 108
	159	+	thereof (Effective from passage):(c) (1) For purposes of this section, 109
	160	+	"mailed" means (A) sent by the United States Postal Service or any 110
	161	+	commercial carrier, courier or messenger service recognized and 111
	162	+	approved by the Secretary of the State, or (B) for the state election in 112
	163	+	2020, and any election, primary or referendum held on or after the 113
	164	+	effective date of this section but prior to June 1, 2021, deposited in a 114
	165	+	secure drop box designated by the municipal clerk for such purpose, in 115
	166	+	accordance with instructions prescribed by the Secretary. 116
	167	+	(2) (A) In the case of absentee ballots mailed under subparagraph (B) 117
	168	+	of subdivision (1) of this subsection, beginning on the twenty-ninth day 118
	169	+	before the state election in 2020 and on each weekday thereafter until 119
	170	+	the close of the polls, the municipal clerk shall [(A)] (i) retrieve from the 120
	171	+	secure drop box described in said subparagraph each such ballot 121
	172	+	deposited in such drop box, and [(B)] (ii) if the drop box is located 122
	173	+	outside a building other than the building where the clerk's office is 123
	174	+	located, arrange for the clerk or the clerk's designee to be escorted by a 124
	175	+	police officer during such retrieval. 125
	176	+	(B) In the case of absentee ballots mailed under subparagraph (B) of 126
	177	+	subdivision (1) of this subsection, beginning on the twenty-ninth day 127
	178	+	before any election, primary or referendum held on or after the effective 128
	179	+	date of this section but prior to June 1, 2021, and on each weekday 129
	180	+	thereafter until the close of the polls at such election, primary or 130
	181	+	referendum, the municipal clerk shall retrieve from the secure drop box 131
	182	+	described in said subparagraph each such ballot deposited in such drop 132
	183	+	box. 133
	184	+	Sec. 6. Section 9-159r of the general statutes is repealed and the 134
	185	+	following is substituted in lieu thereof (Effective from passage): 135
	186	+	(a) Notwithstanding any provision of the general statutes to the 136
	187	+	contrary, if twenty or more of the patients in any institution in the state 137
	188	+	are electors, absentee ballots voted by such electors shall be voted under 138
	189	+	the supervision of the registrars of voters or their designees of the town 139 Raised Bill No. 6464
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195		-	contrary, if twenty or more of the patients in any institution in the state 139
196		-	are electors, absentee ballots voted by such electors shall be voted under 140
197		-	the supervision of the registrars of voters or their designees of the town 141
198		-	in which the institution is located, in accordance with the provisions of 142
199		-	this section. As used in this section, "institution" has the same meaning 143
200		-	as provided in section 9-159q. 144
201		-	(b) Application for an absentee ballot for any such patient shall be 145
202		-	made to the clerk of the town in which such patient is eligible to vote. 146
203		-	The application procedure set forth in section 9-140, as amended by this 147
204		-	act, shall apply, except that the clerk shall deliver the absentee voting 148
205		-	set for any such application to the clerk of the town in which the 149
206		-	institution is located, who shall deliver all such voting sets he receives 150
207		-	to the registrars of such town, on the date when the supervision of 151
208		-	absentee balloting is to occur. The ballots and envelopes shall be 152
209		-	prepared for delivery to the applicant as provided in sections 9-137 to 9-153
210		-	140a, inclusive, as amended by this act. The registrars or their designees 154
211		-	shall furnish the town clerk a written receipt for such ballots. The 155
212		-	registrars of the town in which an institution is located and the 156
213		-	administrator of the institution shall mutually agree on a date and time 157
214		-	for such supervision of absentee balloting, which shall be not later than 158
215		-	the last business day before the election or primary. 159
216		-	(c) The supervision of absentee balloting under this section shall be 160
217		-	carried out in accordance with the provisions of subsections (g), (h), (i) 161
218		-	and (k) of section 9-159q. 162
219		-	(d) (1) Notwithstanding the provisions of subsections (a) to (c), 163
220		-	inclusive, of this section, for the state election in 2020, the Secretary of 164
221		-	the State may waive any requirement under said subsections, provided 165
222		-	the Secretary [(1)] (A) waives such requirement in recognition of the 166
223		-	public health and civil preparedness emergency declared by the 167
224		-	Governor on March 10, 2020, and has consulted with the Commissioner 168
225		-	of Public Health or said commissioner's designee regarding such 169
226		-	waiver, [(2)] (B) has given written notice to the town clerk and registrars 170
227		-	of voters in each municipality, and [(3)] (C) has submitted a report, in 171 Raised Bill No. 6464
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	194	+
	195	+	in which the institution is located, in accordance with the provisions of 140
	196	+	this section. As used in this section, "institution" has the same meaning 141
	197	+	as provided in section 9-159q. 142
	198	+	(b) Application for an absentee ballot for any such patient shall be 143
	199	+	made to the clerk of the town in which such patient is eligible to vote. 144
	200	+	The application procedure set forth in section 9-140, as amended by this 145
	201	+	act, shall apply, except that the clerk shall deliver the absentee voting 146
	202	+	set for any such application to the clerk of the town in which the 147
	203	+	institution is located, who shall deliver all such voting sets he receives 148
	204	+	to the registrars of such town, on the date when the supervision of 149
	205	+	absentee balloting is to occur. The ballots and envelopes shall be 150
	206	+	prepared for delivery to the applicant as provided in sections 9-137 to 9-151
	207	+	140a, inclusive, as amended by this act. The registrars or their designees 152
	208	+	shall furnish the town clerk a written receipt for such ballots. The 153
	209	+	registrars of the town in which an institution is located and the 154
	210	+	administrator of the institution shall mutually agree on a date and time 155
	211	+	for such supervision of absentee balloting, which shall be not later than 156
	212	+	the last business day before the election or primary. 157
	213	+	(c) The supervision of absentee balloting under this section shall be 158
	214	+	carried out in accordance with the provisions of subsections (g), (h), (i) 159
	215	+	and (k) of section 9-159q. 160
	216	+	(d) (1) Notwithstanding the provisions of subsections (a) to (c), 161
	217	+	inclusive, of this section, for the state election in 2020, the Secretary of 162
	218	+	the State may waive any requirement under said subsections, provided 163
	219	+	the Secretary [(1)] (A) waives such requirement in recognition of the 164
	220	+	public health and civil preparedness emergency declared by the 165
	221	+	Governor on March 10, 2020, and has consulted with the Commissioner 166
	222	+	of Public Health or said commissioner's designee regarding such 167
	223	+	waiver, [(2)] (B) has given written notice to the town clerk and registrars 168
	224	+	of voters in each municipality, and [(3)] (C) has submitted a report, in 169
	225	+	accordance with section 11-4a, to the joint standing committee of the 170
	226	+	General Assembly having cognizance of matters relating to elections 171
	227	+	advising of such waiver and specifying alternative actions to be taken to 172 Raised Bill No. 6464
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234		-	accordance with section 11-4a, to the joint standing committee of the 172
235		-	General Assembly having cognizance of matters relating to elections 173
236		-	advising of such waiver and specifying alternative actions to be taken to 174
237		-	provide opportunities for absentee voting by electors described in this 175
238		-	section. 176
239		-	(2) Notwithstanding the provisions of subsections (a) to (c), inclusive, 177
240		-	of this section, for any election or primary held on or after the effective 178
241		-	date of this section but prior to June 1, 2021, the Secretary of the State 179
242		-	may waive any requirement under said subsections, provided the 180
243		-	Secretary (A) waives such requirement in recognition of the public 181
244		-	health and civil preparedness emergency declared by the Governor on 182
245		-	March 10, 2020, and has consulted with the Commissioner of Public 183
246		-	Health or said commissioner's designee regarding such waiver, and (B) 184
247		-	has given written notice to the town clerk and registrars of voters in each 185
248		-	municipality. 186
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	232	+
	233	+	provide opportunities for absentee voting by electors described in this 173
	234	+	section. 174
	235	+	(2) Notwithstanding the provisions of subsections (a) to (c), inclusive, 175
	236	+	of this section, for any election or primary held on or after the effective 176
	237	+	date of this section but prior to June 1, 2021, the Secretary of the State 177
	238	+	may waive any requirement under said subsections, provided the 178
	239	+	Secretary (A) waives such requirement in recognition of the public 179
	240	+	health and civil preparedness emergency declared by the Governor on 180
	241	+	March 10, 2020, and has consulted with the Commissioner of Public 181
	242	+	Health or said commissioner's designee regarding such waiver, and (B) 182
	243	+	has given written notice to the town clerk and registrars of voters in each 183
	244	+	municipality. 184
249	245		This act shall take effect as follows and shall amend the following
250	246		sections:
251	247
252	248		Section 1 from passage 9-135
253	249		Sec. 2 from passage 9-137
254	250		Sec. 3 from passage 9-139b
255	251		Sec. 4 from passage 9-140(g)
256	252		Sec. 5 from passage 9-140b(c)
257	253		Sec. 6 from passage 9-159r
258	254
259		-	GAE Joint Favorable
260		-
	255	+	Statement of Purpose:
	256	+	To extend to May 31, 2021, several changes implemented for the 2020
	257	+	state election as a result of COVID-19.
	258	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	259	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	260	+	underlined.]