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general statutes are repealed and the following is substituted in lieu 2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