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OLR Bill Analysis
sHB 5262 (as amended by House "A")*
AN ACT REVISING CERTAIN ABSENTEE VOTING ELIGIBILITY
STATUTES.
SUMMARY
This bill expands two of the six statutory reasons for which qualified
voters (i.e., electors and people eligible to vote in a referendum) may
vote by absentee ballot in an election, primary, or referendum (see
BACKGROUND). Under the bill, qualified voters may vote by absentee
ballot if they are unable to appear at their polling place because of (1)
sickness, rather than because of their own illness, or (2) physical
disability, rather than because of their own physical disability.
Additionally, the bill authorizes qualified voters to vote by absentee
ballot if they are unable to appear at their polling place because of
absence from the town of their voting residence. Current law authorizes
voters to vote absentee for this reason only if they are absent during all
hours of voting.
The bill also modifies when each of the six statutory reasons for
voting by absentee ballot applies. Currently, these reasons apply to
qualified voters who are unable to appear at their polling place during
the hours of voting. Under the bill, they apply to qualified voters who
are unable to do so during the day of the election, primary, or
referendum.
The bill requires that absentee ballots be updated to reflect the above
changes. Specifically, the statement printed on the face of the absentee
ballots’ inner envelope must show the revised reasons electors may vote
absentee. By law, absentee voters must sign the statement under
penalties of false statement in absentee balloting, which is a class D
felony punishable by up to five years in prison, a fine of up to $5,000, or
both (CGS § 9-359a). 2022HB-05262-R01-BA.DOCX
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Lastly, the bill makes technical changes, including removing obsolete
provisions concerning absentee voting because of the COVID-19
sickness in the 2020 state election and any election, primary, or
referendum from June 23, 2021, through November 2, 2021.
*House Amendment “A” adds the provision on when each of the six
statutory reasons for voting by absentee ballot applies.
EFFECTIVE DATE: Upon passage
BACKGROUND
Related Bill
sSB 184 (File 6, §§ 3 & 4), reported favorably by the Government
Administration and Elections Committee, (1) makes similar changes
concerning absentee voting due to illness and absence from the town of
residence and (2) allows absentee voting because of the COVID-19
sickness for any election, primary, or referendum held through
November 8, 2022.
Permitted Reasons Under the Constitution 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 prohibiting secular activity (Conn. Const. Art. VI,
§ 7). The General Assembly exercised this authority and passed laws
codified at CGS § 9-135.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 13 Nay 6 (03/09/2022)