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| 3 | 3 | | LCO No. 4433 1 of 8 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 6693 |
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| 6 | 6 | | January Session, 2023 |
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| 7 | 7 | | LCO No. 4433 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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| 11 | 11 | | AND ELECTIONS |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | Introduced by: |
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| 15 | 15 | | (GAE) |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING ABSENTEE VOTING. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. Subsections (e) to (h), inclusive, of section 9-140c of the 1 |
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| 25 | 25 | | general statutes are repealed and the following is substituted in lieu 2 |
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| 26 | 26 | | thereof (Effective October 1, 2023): 3 |
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| 27 | 27 | | (e) (1) Except as provided in subdivision (2) of this subsection, ballots 4 |
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| 28 | 28 | | received at or prior to eleven o'clock a.m. on the last day before the 5 |
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| 29 | 29 | | election, primary or referendum shall be delivered by the municipal 6 |
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| 30 | 30 | | clerk to the registrars between ten o'clock a.m. and twelve o'clock noon 7 |
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| 31 | 31 | | on the day of the election or primary and at twelve o'clock noon on the 8 |
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| 32 | 32 | | day of a referendum. Unless absentee ballots are to be counted in the 9 |
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| 33 | 33 | | respective polling places, pursuant to subsection (b) of section 9-147a, 10 |
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| 34 | 34 | | the municipal clerk shall also deliver to the registrars at this time the 11 |
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| 35 | 35 | | duplicate checklist provided for in subsection (b) of this section, for the 12 |
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| 36 | 36 | | use of the absentee ballot counters pursuant to subsection (i) of this 13 |
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| 37 | 37 | | section. The ballot counters shall count such ballots immediately upon 14 |
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| 38 | 38 | | the delivery of such ballots by the municipal clerk. 15 Raised Bill No. 6693 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 4433 2 of 8 |
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| 43 | 43 | | |
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| 44 | 44 | | (2) (A) For the state election in 2020, and any election, primary or 16 |
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| 45 | 45 | | referendum held on or after June 23, 2021, but prior to November 3, 17 |
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| 46 | 46 | | 2021: 18 |
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| 47 | 47 | | (i) Ballots received, sorted and checked prior to five o'clock p.m. on 19 |
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| 48 | 48 | | the (I) fourth day before such election, primary or referendum may be 20 |
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| 49 | 49 | | delivered by the municipal clerk to the registrars at five o'clock p.m. on 21 |
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| 50 | 50 | | such fourth day, (II) third day before such election, primary or 22 |
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| 51 | 51 | | referendum may be so delivered at five o'clock p.m. on such third day, 23 |
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| 52 | 52 | | and (III) second day before such election, primary or referendum may 24 |
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| 53 | 53 | | be so delivered at five o'clock p.m. on such second day; 25 |
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| 54 | 54 | | (ii) Ballots received not later than eleven o'clock a.m. on the last day 26 |
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| 55 | 55 | | before such election, primary or referendum shall be delivered by the 27 |
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| 56 | 56 | | municipal clerk to the registrars at six o'clock a.m. on the day of such 28 |
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| 57 | 57 | | election, primary or referendum; and 29 |
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| 58 | 58 | | (iii) Each time ballots are delivered pursuant to this subparagraph, 30 |
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| 59 | 59 | | the municipal clerk shall also deliver to the registrars at such time a copy 31 |
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| 60 | 60 | | of the duplicate checklist provided for in subsection (b) of this section, 32 |
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| 61 | 61 | | current as of the time of such delivery, for the use of the absentee ballot 33 |
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| 62 | 62 | | counters pursuant to subsection (i) of this section. 34 |
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| 63 | 63 | | (B) The municipal clerk may deliver the ballots at times later than 35 |
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| 64 | 64 | | those provided in subdivision (1) of this subsection or subparagraph (A) 36 |
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| 65 | 65 | | of this subdivision, as applicable, provided (i) any such time is mutually 37 |
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| 66 | 66 | | agreed upon by the municipal clerk and registrars and is not later than 38 |
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| 67 | 67 | | [eight] six o'clock p.m. on the day of the election, primary or 39 |
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| 68 | 68 | | referendum, and (ii) the ballot counters count such ballots immediately 40 |
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| 69 | 69 | | upon the delivery of such ballots by the municipal clerk. 41 |
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| 70 | 70 | | (f) Absentee ballots timely received by the clerk after eleven o'clock 42 |
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| 71 | 71 | | a.m. of such last day before an election, primary or referendum shall be 43 |
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| 72 | 72 | | sorted into voting districts by the clerk and retained by the clerk 44 |
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| 73 | 73 | | separately until delivered to the registrars of voters for checking. 45 |
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| 74 | 74 | | (g) Any or all of such ballots received after eleven o'clock a.m. of such 46 Raised Bill No. 6693 |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | |
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| 78 | 78 | | LCO No. 4433 3 of 8 |
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| 79 | 79 | | |
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| 80 | 80 | | last day before an election, primary or referendum and before six o'clock 47 |
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| 81 | 81 | | p.m. on the day of the election, primary or referendum shall [, upon 48 |
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| 82 | 82 | | request of the registrars,] be delivered to the registrars by the municipal 49 |
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| 83 | 83 | | clerk at six o'clock p.m. on the day of the election, primary or 50 |
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| 84 | 84 | | referendum. [for checking, or at a later time mutually agreed upon by 51 |
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| 85 | 85 | | the clerk and registrars, provided such time is not later than eight o'clock 52 |
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| 86 | 86 | | p.m. on the day of the election, primary or referendum] The ballot 53 |
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| 87 | 87 | | counters shall check and count such ballots immediately upon the 54 |
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| 88 | 88 | | delivery of such ballots by the municipal clerk. 55 |
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| 89 | 89 | | (h) Absentee ballots received after six o'clock p.m. on the day of the 56 |
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| 90 | 90 | | election, primary or referendum and any ballots received prior to six 57 |
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| 91 | 91 | | o'clock p.m. of such day which were not delivered earlier shall be 58 |
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| 92 | 92 | | delivered to the registrars at the close of the polls for checking and 59 |
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| 93 | 93 | | counting. [Although absentee ballots shall be checked by the registrars 60 |
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| 94 | 94 | | of voters at various times throughout the election, primary or 61 |
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| 95 | 95 | | referendum day, absentee ballots may be counted at one single time 62 |
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| 96 | 96 | | during such day.] 63 |
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| 97 | 97 | | Sec. 2. Subsection (d) of section 9-150a of the general statutes is 64 |
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| 98 | 98 | | repealed and the following is substituted in lieu thereof (Effective October 65 |
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| 99 | 99 | | 1, 2023): 66 |
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| 100 | 100 | | (d) (1) (A) [If] For any absentee ballot delivered by the municipal clerk 67 |
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| 101 | 101 | | before or at six o'clock p.m., if the statement on the inner envelope has 68 |
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| 102 | 102 | | not been signed as required by section 9-140a, such inner envelope shall 69 |
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| 103 | 103 | | not be opened or the ballot removed therefrom at that time, and such 70 |
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| 104 | 104 | | inner envelope shall be replaced in the opened outer envelope. Such 71 |
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| 105 | 105 | | outer envelope shall be returned immediately to the registrars of voters, 72 |
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| 106 | 106 | | and such registrars shall make best efforts to immediately notify the 73 |
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| 107 | 107 | | elector whose ballot is described in this subparagraph of the 74 |
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| 108 | 108 | | opportunity for such elector to either sign the statement on the inner 75 |
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| 109 | 109 | | envelope before the close of the polls or vote in person at such elector's 76 |
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| 110 | 110 | | polling place before the close of the polls. If such elector signs such 77 |
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| 111 | 111 | | statement before the close of the polls, the registrars shall return such 78 |
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| 112 | 112 | | absentee ballot to the absentee ballot counters and such ballot shall be 79 Raised Bill No. 6693 |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | LCO No. 4433 4 of 8 |
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| 117 | 117 | | |
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| 118 | 118 | | counted. If such elector does not sign such statement before the close of 80 |
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| 119 | 119 | | the polls, or if such elector votes in person at such elector's polling place 81 |
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| 120 | 120 | | before the close of the polls, the registrars shall return such absentee 82 |
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| 121 | 121 | | ballot to the absentee ballot counters who shall mark the outer envelope 83 |
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| 122 | 122 | | "Rejected" and endorse the reason for such rejection on such outer 84 |
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| 123 | 123 | | envelope. 85 |
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| 124 | 124 | | (B) For any absentee ballot delivered by the municipal clerk at the 86 |
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| 125 | 125 | | close of the polls, if the statement on the inner envelope has not been 87 |
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| 126 | 126 | | signed as required by section 9-140a, such inner envelope shall not be 88 |
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| 127 | 127 | | opened or the ballot removed therefrom, and such inner envelope shall 89 |
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| 128 | 128 | | be replaced in the opened outer envelope which shall be marked 90 |
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| 129 | 129 | | "Rejected" and the reason therefor endorsed thereon by the counters. 91 |
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| 130 | 130 | | (2) (A) [If] For any absentee ballot delivered by the municipal clerk 92 |
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| 131 | 131 | | before or at six o'clock p.m., if such inner envelope statement is signed 93 |
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| 132 | 132 | | by the individual completing the ballot is an individual described in 94 |
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| 133 | 133 | | subsection (a) of section 9-23r and has not met the requirements of 95 |
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| 134 | 134 | | subsection (e) of section 9-23r, the counters shall replace the ballot in the 96 |
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| 135 | 135 | | opened inner envelope and replace the inner envelope in the opened 97 |
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| 136 | 136 | | outer envelope. Such outer envelope shall be returned immediately to 98 |
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| 137 | 137 | | the registrars of voters, and such registrars shall make best efforts to 99 |
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| 138 | 138 | | immediately notify the individual whose ballot is described in this 100 |
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| 139 | 139 | | subparagraph of the opportunity for such individual to either meet the 101 |
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| 140 | 140 | | requirements of subsection (e) of section 9-23r before the close of the 102 |
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| 141 | 141 | | polls or vote in person at such individual's polling place, in accordance 103 |
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| 142 | 142 | | with subsection (a) of section 9-261, before the close of the polls. If such 104 |
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| 143 | 143 | | individual meets the requirements of subsection (e) of section 9-23r 105 |
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| 144 | 144 | | before the close of the polls, the registrars shall return such absentee 106 |
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| 145 | 145 | | ballot to the absentee ballot counters and such ballot shall be counted. If 107 |
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| 146 | 146 | | such individual does not meet the requirements of subsection (e) of 108 |
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| 147 | 147 | | section 9-23r, or if such individual votes in person at such individual's 109 |
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| 148 | 148 | | polling place, in accordance with subsection (a) of section 9-261, before 110 |
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| 149 | 149 | | the close of the polls, the registrars shall return such absentee ballot to 111 |
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| 150 | 150 | | the absentee ballot counters who shall mark the outer envelope 112 |
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| 151 | 151 | | "Rejected as an Absentee Ballot" and endorse the reason for such 113 Raised Bill No. 6693 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LCO No. 4433 5 of 8 |
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| 156 | 156 | | |
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| 157 | 157 | | rejection on such outer envelope. Such rejected ballot shall be treated as 114 |
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| 158 | 158 | | a provisional ballot for federal offices only, pursuant to sections 9-232i 115 |
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| 159 | 159 | | to 9-232o, inclusive. 116 |
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| 160 | 160 | | (B) For any absentee ballot delivered by the municipal clerk at the 117 |
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| 161 | 161 | | close of the polls, if such inner envelope statement is signed but the 118 |
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| 162 | 162 | | individual completing the ballot is an individual described in subsection 119 |
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| 163 | 163 | | (a) of section 9-23r and has not met the requirements of subsection (e) of 120 |
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| 164 | 164 | | section 9-23r, the counters shall replace the ballot in the opened inner 121 |
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| 165 | 165 | | envelope, replace the inner envelope in the opened outer envelope and 122 |
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| 166 | 166 | | mark "Rejected as an Absentee Ballot" and endorse the reason for such 123 |
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| 167 | 167 | | rejection on the outer envelope. [, and the] Such rejected ballot shall be 124 |
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| 168 | 168 | | treated as a provisional ballot for federal offices only, pursuant to 125 |
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| 169 | 169 | | sections 9-232i to 9-232o, inclusive. 126 |
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| 170 | 170 | | Sec. 3. Subsections (g) to (k), inclusive, of section 9-140 of the general 127 |
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| 171 | 171 | | statutes are repealed and the following is substituted in lieu thereof 128 |
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| 172 | 172 | | (Effective October 1, 2023): 129 |
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| 173 | 173 | | (g) (1) On the first day of issuance of absentee voting sets the 130 |
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| 174 | 174 | | municipal clerk shall mail an absentee voting set to each applicant 131 |
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| 175 | 175 | | whose application was received by the clerk prior to that day. When the 132 |
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| 176 | 176 | | clerk receives an application during the time period in which absentee 133 |
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| 177 | 177 | | voting sets are to be issued he shall mail an absentee voting set to the 134 |
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| 178 | 178 | | applicant, within twenty-four hours, unless the applicant submits his 135 |
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| 179 | 179 | | application in person at the office of the clerk and asks to be given his 136 |
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| 180 | 180 | | absentee voting set immediately, in which case the clerk shall comply 137 |
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| 181 | 181 | | with the request. Any absentee voting set to be mailed to an applicant 138 |
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| 182 | 182 | | shall be mailed to the bona fide personal mailing address shown on the 139 |
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| 183 | 183 | | application. The clerk shall include with each issued absentee voting set 140 |
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| 184 | 184 | | prepaid postage for the return of the applicant's absentee ballot, which 141 |
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| 185 | 185 | | prepaid postage shall be provided to the clerk by the Secretary of the 142 |
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| 186 | 186 | | State. Issuance of absentee voting sets shall also be subject to the 143 |
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| 187 | 187 | | provisions of subsection (c) of this section, section 9-150c and section 9-144 |
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| 188 | 188 | | 159q concerning persons designated to deliver or return ballots in cases 145 |
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| 189 | 189 | | involving unforeseen illness or disability and supervised voting at 146 Raised Bill No. 6693 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | LCO No. 4433 6 of 8 |
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| 194 | 194 | | |
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| 195 | 195 | | certain health care institutions. 147 |
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| 196 | 196 | | (2) Notwithstanding the provisions of subdivision (1) of this 148 |
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| 197 | 197 | | subsection, for the state election in 2020, and any election, primary or 149 |
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| 198 | 198 | | referendum held on or after June 23, 2021, but prior to November 3, 150 |
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| 199 | 199 | | 2021, each absentee voting set required to be mailed to an applicant 151 |
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| 200 | 200 | | under said subdivision (A) shall be mailed by the municipal clerk within 152 |
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| 201 | 201 | | forty-eight hours after the application for such absentee voting set is 153 |
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| 202 | 202 | | received by the clerk, or (B) may be mailed by a third-party mailing 154 |
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| 203 | 203 | | vendor approved and selected by the Secretary of the State for use by 155 |
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| 204 | 204 | | the municipal clerk for such purpose, provided any contract between 156 |
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| 205 | 205 | | the Secretary of the State and any such vendor shall require that such 157 |
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| 206 | 206 | | vendor mail each absentee voting set within seventy-two hours after the 158 |
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| 207 | 207 | | application for such absentee voting set is received by such vendor from 159 |
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| 208 | 208 | | the clerk. 160 |
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| 209 | 209 | | (h) No absentee ballot shall be issued on the day of an election or 161 |
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| 210 | 210 | | primary, or after the opening of the polls on the day of a referendum, 162 |
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| 211 | 211 | | except in cases involving unforeseen illness or disability or presidential 163 |
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| 212 | 212 | | or overseas ballots as provided in section 9-150c and sections 9-158a to 164 |
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| 213 | 213 | | 9-158m, inclusive. 165 |
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| 214 | 214 | | (i) The municipal clerk shall file [executed] applications that have 166 |
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| 215 | 215 | | been completed and signed, as provided in subsection (a) of this section, 167 |
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| 216 | 216 | | in alphabetical order according to the applicants' surnames. Such 168 |
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| 217 | 217 | | applications shall be preserved as a public record as required by section 169 |
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| 218 | 218 | | 9-150b, as amended by this act. 170 |
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| 219 | 219 | | (j) No person shall pay or give any compensation to another and no 171 |
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| 220 | 220 | | person shall accept any compensation solely for (1) distributing 172 |
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| 221 | 221 | | absentee ballot applications obtained from a municipal clerk or the 173 |
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| 222 | 222 | | Secretary of the State or (2) assisting any person in the execution of an 174 |
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| 223 | 223 | | absentee ballot. 175 |
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| 224 | 224 | | (k) (1) A person shall register with the town clerk before distributing 176 |
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| 225 | 225 | | five or more absentee ballot applications for an election, primary or 177 |
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| 226 | 226 | | referendum, not including applications distributed to such person's 178 Raised Bill No. 6693 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | |
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| 230 | 230 | | LCO No. 4433 7 of 8 |
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| 231 | 231 | | |
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| 232 | 232 | | immediate family. Such requirement shall not apply to a person who is 179 |
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| 233 | 233 | | the designee of an applicant. 180 |
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| 234 | 234 | | (2) Any person who distributes absentee ballot applications shall 181 |
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| 235 | 235 | | maintain a list of the names and addresses of prospective absentee ballot 182 |
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| 236 | 236 | | applicants who receive such applications, and shall file such list with 183 |
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| 237 | 237 | | the town clerk prior to the date of the primary, election or referendum 184 |
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| 238 | 238 | | for which the applications were so distributed. Any person who 185 |
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| 239 | 239 | | distributes absentee ballot applications and receives an [executed] 186 |
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| 240 | 240 | | application that has been completed and signed, as provided in 187 |
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| 241 | 241 | | subsection (a) of this section, shall forthwith file the application with the 188 |
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| 242 | 242 | | town clerk. 189 |
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| 243 | 243 | | Sec. 4. Subsection (h) of section 9-150b of the general statutes is 190 |
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| 244 | 244 | | repealed and the following is substituted in lieu thereof (Effective October 191 |
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| 245 | 245 | | 1, 2023): 192 |
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| 246 | 246 | | (h) For sixty days after the election, primary or referendum the 193 |
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| 247 | 247 | | following shall be preserved by the municipal clerk as a public record 194 |
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| 248 | 248 | | open to public inspection: (1) All [executed] completed and signed 195 |
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| 249 | 249 | | absentee ballot application forms and all direction by registrar forms, as 196 |
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| 250 | 250 | | required by subdivision (i) of section 9-140, as amended by this act; (2) 197 |
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| 251 | 251 | | the list and index of applicants for presidential or overseas ballots as 198 |
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| 252 | 252 | | required by section 9-158h; (3) the numerical list of absentee voting sets 199 |
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| 253 | 253 | | issued as required by subsection (e) of section 9-140; (4) the list of the 200 |
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| 254 | 254 | | names of persons whose absentee ballots are received by the municipal 201 |
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| 255 | 255 | | clerk, as required by subsection (a) of section 9-140c; (5) all unused 202 |
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| 256 | 256 | | absentee ballots; and (6) all envelopes containing ballots received by the 203 |
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| 257 | 257 | | municipal clerk after the close of the polls, which shall remain 204 |
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| 258 | 258 | | unopened. 205 |
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| 259 | 259 | | This act shall take effect as follows and shall amend the following |
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| 260 | 260 | | sections: |
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| 261 | 261 | | |
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| 262 | 262 | | Section 1 October 1, 2023 9-140c(e) to (h) |
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| 263 | 263 | | Sec. 2 October 1, 2023 9-150a(d) |
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| 264 | 264 | | Sec. 3 October 1, 2023 9-140(g) to (k) Raised Bill No. 6693 |
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| 265 | 265 | | |
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| 266 | 266 | | |
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| 267 | 267 | | |
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| 268 | 268 | | LCO No. 4433 8 of 8 |
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| 269 | 269 | | |
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| 270 | 270 | | Sec. 4 October 1, 2023 9-150b(h) |
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| 271 | 271 | | |
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| 272 | 272 | | Statement of Purpose: |
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| 273 | 273 | | To provide (1) that absentee ballots delivered to the ballot counters by |
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| 274 | 274 | | the municipal clerk before or at six o'clock p.m. on the day of an election, |
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| 275 | 275 | | primary or referendum are to be counted immediately upon such |
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| 276 | 276 | | delivery, (2) for notification of individuals whose absentee ballots may |
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| 277 | 277 | | be rejected due to a defect, so that such individuals are able to either |
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| 278 | 278 | | correct such defect or vote in person, (3) prepaid postage to absentee |
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| 279 | 279 | | ballot applicants for the return of such absentee ballots, and (4) that |
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| 280 | 280 | | absentee ballot applications that have been completed and signed are |
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| 281 | 281 | | public records subject to public inspection. |
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| 282 | 282 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 283 | 283 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 284 | 284 | | underlined.] |
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| 285 | 285 | | |
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