O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 22-2—sHB 5262
Government Administration and Elections Committee
AN ACT REVISING CERTAIN ABSENTEE VOTING ELIGIBILITY
STATUTES
SUMMARY: This act 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 act, 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 act 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. Prior law authorized them to vote absentee for this reason
only if they were absent during all hours of voting.
The act also modifies when each of the six statutory reasons for voting by
absentee ballot applies. Previously, the reasons applied to qualified voters who were
unable to appear at their polling place during the hours of voting. Under the act,
they apply to qualified voters who are unable to do so during the day of the election,
primary, or referendum.
The act 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 (CGS § 9-359a, see Table on
Penalties).
Lastly, the act 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.
EFFECTIVE DATE: Upon passage
BACKGROUND
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.