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OLR Bill Analysis
sSB 1057
AN ACT CONCERNING THE SECRETARY OF THE STATE AND
EARLY VOTING.
SUMMARY:
This bill establishes a framework for early, in-person voting for all
general elections held on or after July 1, 2023, and primaries and special
elections held on or after January 1, 2024. Specifically, it requires a 10-
day early voting period for general elections and primaries and a four-
day early voting period for special elections.
Under the bill, every municipality must establish one early voting
location and may establish additional locations. The bill also sets various
requirements and procedures for early voting including voter eligibility,
ballot custody, staffing and training, and materials.
The bill replaces the current election day registration (EDR) option
with same-day registration (SDR), which covers the entire early voting
period and the election. Additionally, the bill authorizes SDR for
primaries and allows a voter who is not already registered to vote with
any political party to register with a party and immediately vote in that
party’s primary.
To accommodate the early voting period, the bill generally modifies
several election-related deadlines by either (1) moving the deadline
10days earlier or (2) moving the deadline to the required number of days
before the early voting period begins instead of before the election
begins. The bill also establishes specific deadlines for special elections.
The bill also makes technical and conforming changes.
EFFECTIVE DATE: July 1, 2023, except that provisions (1) that
modify deadlines for (a) registering write-in candidates, (b) automatic 2023SB-01057-R000386-BA.DOCX
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nomination of certain candidates, (c) replacing town committee
candidates, (d) canceling a primary due to candidate vacancy, (e)
printing unaffiliated voter lists, and (f) giving the clerk party candidate
lists for special elections for vacancies are effective on January 1, 2024,
and (2) on a statewide early voting awareness campaign, the early
voting procedure manual, and modifying a deadline for removing a
candidate by judicial order are effective upon passage.
COVERED ELECTIONS (§ 1)
The bill requires implementation of early voting for (1) general
elections held on or after July 1, 2023, and (2) primaries and special
elections held on or after January 1, 2024. The bill exempts primaries for
town committee members from these requirements.
EARLY VOTING PERIOD (§§ 1 & 3)
For general elections and primaries, the early voting period must be
10days long, beginning 11 days before the election and ending two days
prior. Early voting locations must be open from 10:00 a.m. to 6:00 p.m.,
including weekends, except that on the last Wednesday and Thursday
before the election, the locations must be open from 8:00 a.m. to 8:00
p.m.
For special elections, the bill adopts a four-day early voting period
and establishes alternative timelines for the elections. Specifically, the
early voting period for special elections must begin five days before the
election and end two days prior. Early voting locations must be open
from 10:00 a.m. to 6:00 p.m. for these elections.
Each day, a location official or a municipal police officer, appointed
by the registrar, must be placed at the end of the line at the designated
closing time. The official or officer must prevent any voter from getting
in line to cast a ballot after the designated closing time.
EARLY VOTING PREPARA TION
Staffing and Training (§ 1)
Under the bill, the registrars may delegate any responsibility to an
election or primary official designated in the municipality’s early voting 2023SB-01057-R000386-BA.DOCX
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certification to the secretary (see below). The registrars must supervise
and train these officials.
Ballot Designation (§ 8)
The bill requires registrars and clerks to certify the number of ballots
designated as early voting ballots for each early voting location. It also
moves the deadline for certifying all ballots (both early voting and
election day ballots) to 31 days before the early voting period (21 days
for a primary) instead of the same number of days before the election or
primary itself. Similarly, the bill moves up the deadline to request a
waiver from this provision to 45 days before the early voting period (30
days for a primary) instead of the same number of days before the
election or primary itself. The bill also requires registrars and clerks to
certify the number of ballots designated as early voting ballots in special
elections, but the bill does not set separate deadlines specific to special
elections.
VOTER REGISTRATION
General Voter Registration (§§ 23-26)
The bill moves up the regular voter registration deadline to 14 days
before an election or primary (rather than the seventh day before the
election and the fifth day before the primary). It also makes several
conforming changes including moving up several related deadlines. For
example, the bill correspondingly shifts the time frames during which
registrars must send notice of an application’s acceptance or rejection on
the day it is received, as shown in the table below.
Table: Periods When Registrars Must Send Notice of Acceptance or Rejection
on the Day an Application Is Received
Under Current Law Under the Bill
Regular Applications
From 20 days to seven days
before an election
From 27 days to 14 days
before an election
From 21 days to five days
before a primary
From 30 days to 14 days
before a primary
Applications first
received by the
Department of Motor
Vehicles
commissioner or voter
For applications received by
seven days before an election,
from six days before an
election to election day
For applications received by 14
days before an election, from
13 days before an election to
election day
For applications postmarked or For applications postmarked or 2023SB-01057-R000386-BA.DOCX
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Under Current Law Under the Bill
registration agency received five days before a
primary, from four days before
a primary to noon the last
weekday before a primary
received 14 days before a
primary, from 13 days before a
primary to noon the last
weekday before a primary
Same-Day Registration (§ 5)
Under current law, electors may register to vote on election day
through EDR during regular state and municipal elections. Under EDR,
a person may register to vote and cast a ballot on election day if he or
she meets the eligibility requirements for voting in Connecticut and is
(1) not already an elector or (2) registered in one municipality but wants
to change his or her registration because he or she currently resides in
another municipality (CGS § 9-19j).
The bill expands this opportunity to the entire early voting period by
establishing two types of SDR and generally applying the existing EDR
provisions to SDR: (1) same-day election registration (i.e., voter
registration during the early voting period for a general or special
election or on election day) and (2) same-day primary registration (i.e.,
voter registration and enrollment in a political party during a primary’s
early voting period or on a primary day).
Additionally, the bill allows a voter to enroll in a political party
through same-day primary registration if the voter is not currently
enrolled in any party and is not subject to a three-month waiting period
due to recently removing his or herself from a political party enrollment
list (CGS § 9-59). Enrollment during same-day primary registration
becomes effective immediately for voting in that primary.
The bill also makes conforming changes.
Deadlines for Same-Day Registration (§ 5)
To accommodate the increased window of SDR, the bill moves up
several deadlines by 10 days to include the early voting period for
regular elections and primaries. This applies to deadlines for the
following actions: 2023SB-01057-R000386-BA.DOCX
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1. certifying the location for SDR (changed from 31 days to 41 days
before the election),
2. the Secretary of the State’s (SOTS) response to a certification
request (changed from 15 days to 25 days before the election),
3. certifying additional locations for SDR (changed from 60 days to
70 days before the election), and
4. SOTS response to a certification request for additional locations
(changed from 45 days to 55 days before the election).
EARLY VOTING LOCATIO NS
Main Location (§ 1)
The bill requires that the registrars of voters of each municipality
certify one location within the town to serve as an early voting location.
The location must (1) be used for the entire early voting period, (2) have
access to the centralized voter registration system (CVRS), (3) be
certified by SOTS, (4) be accessible to voters with physical disabilities,
and (5) have parking spaces for handicapped and elderly persons.
A municipality’s certification must include:
1. the location’s name, address, and contact information;
2. the number of officials appointed to serve and their roles;
3. the location’s design; and
4. a plan to conduct early voting effectively.
A municipality must certify its chosen location to SOTS no later than
120 days before a general election or primary. The secretary must
approve or deny certification no later than 90 days before a general
election or primary. If SOTS denies the certification, she must give the
municipality a written reason for the disapproval and an order for
corrective action.
Once a municipality has received SOTS approval or complied with 2023SB-01057-R000386-BA.DOCX
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any corrective action to the secretary’s satisfaction, the registrars must
make a final determination on the main early voting location no later
than 31 days before a general election or primary. After this
determination, the location may not be changed unless all registrars and
the municipal clerk unanimously agree that the location is unusable. If
such a decision is made, the registrars and clerk must designate a new
location and provide adequate notice.
The bill implements alternative timelines for special elections. The
certification of an early voting location for special elections must be
submitted no later than 20 days prior and the secretary must respond
no later than 15 days before the election. The location must be finalized
11 days before.
Additional Locations (§ 1)
Under the bill, a municipality with a population of at least 20,000
must hold a public hearing on increasing the number of early voting
locations at least 15 days before designating them. At least 10 days’
notice must be given through a newspaper with general circulation in
the town and on the municipality’s website. For this requirement,
“population” means the estimated number of people according to the
most recent version of the State Register and Manual.
Within three days after the hearing, the municipality’s registrars
must notify SOTS about their determination on any additional locations.
If the registrars decide not to designate additional locations, they must
include a detailed explanation for their determination. Adoption of
additional locations is subject to the same requirements as the main
location.
SOTS Access (§ 20)
Current law requires that the secretary, or her designee, have access
to each polling place during elections to review for consistency with
state and federal law. The bill extends this provision to any early voting
location.
ELECTION WARNING (§§ 6-7) 2023SB-01057-R000386-BA.DOCX
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The bill moves up the warning for state and municipal elections to
five to 15 days before the early voting period starts rather than before
election day. Additionally, the warning must announce the times and
locations designated for early voting.
CASTING AN EARLY VOT E
Voter Eligibility (§ 1)
Under the bill, an elector must do the following to vote early:
1. appear in person at an early voting location within the
designated times,
2. comply with election day identification requirements by either
(a) showing adequate identification or (b) signing an affidavit
attesting to his or her identity, and
3. swear an oath that he or she has not previously voted in the
election.
If a voter has established his or her eligibility, the registrars must
check the CVRS to see if the elector has already voted. If not, the voter
must be given an early voting ballot and envelope and the registrar must
record the issuance.
If the voter has already voted in the election, his or her request to vote
must be denied and the registrars must review the matter. If the
registrars cannot resolve the matter, they must report the incident to the
State Elections Enforcement Commission, which must investigate.
Casting a Ballot (§ 1)
Under the bill, if a voter is eligible, they must mark the ballot in the
registrars’ presence, but not in a way that reveals how the ballot was
marked. After completing the ballot, the voter must (1) secure it within
an early voting envelope, (2) sign an affirmation printed on the back of
the envelope, and (3) deposit the envelope into a secured early voting
ballot depository receptacle.
The signed affirmation attests that the voter: 2023SB-01057-R000386-BA.DOCX
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1. is an elector appearing in person to vote early,
2. is eligible to vote in the election or primary,
3. has sufficiently identified themselves to the registrars,
4. has not otherwise voted in the election and will not otherwise do
so, and
5. received an early voting ballot.
BALLOT CHAIN OF CUST ODY (§§ 1-2 & 5)
Under the bill, when each day ends, the registrars must transport the
receptacles for SDR and early voting ballots to the municipal clerk for
storage, if necessary, in a fire-resistive vault or safe. The clerk must keep
the ballots until they are delivered to the registrars on election day. A
section of the head moderator’s return must show the number of early
voting and SDR ballots received, separately.
The registrars of voters must also seal a copy of the vote tally for early
voting ballots and a copy of the vote tally for SDR ballots in a depository
envelope with their respective ballots and store them with the other
election or primary results materials. The depository envelopes must be
preserved for the same amount of time as required by law to keep
counted ballots.
Ballot counters must proceed to the location where the early voting
and SDR ballots will be counted, as designated by the registrars,
between 6:00 a.m. and 10:00 a.m. on election day. The bill requires the
municipal clerk to deliver all early voting and SDR ballots received
before election day to the registrars within the same timeframe. Once
the clerks deliver the ballots, the bill requires that the ballot counters
process these ballots as nearly as possible in the same way as required
under existing law for absentee ballots.
Except as otherwise required by the bill, SDR and early voting ballots
are subject to all procedures relating to absentee ballot custody, control,
and counting under existing elections law, as nearly as possible. 2023SB-01057-R000386-BA.DOCX
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ELECTION DEADLINES (§§ 9-17 & 29-30)
Current law sets several election-related deadlines in preparation for
election day. The bill sets these deadlines in relation to the early voting
period instead of the election, generally making them earlier. The table
below summarizes deadlines that are subject to this change.
Table: Certain Election-Related Deadlines Affected by the Bill
Bill
Section
Applicable
Statutes
Description Deadline
§ 9 CGS § 9-373a
Registration as a write-in candidate for a
regular election
14 days prior
Registration as a write-in candidate for
town meeting member in certain towns at
a regular election
Last business
day prior
§ 10 CGS § 9-224b
Registration as a write-in candidate for a
special election
14 days prior
Registration as a write-in candidate for
town meeting member in certain towns at
a special election
Last business
day prior
§ 11 CGS § 9-329b Removal of a candidate by judicial order
Before the
period/election
day begins
§ 12 CGS § 9-460
Replacement of a vacant candidacy
2:00 pm the day
prior
Period during which a candidate’s death
may result in the candidate being
replaced
24 hours prior
§ 13 CGS § 9-426
Automatic nomination of party-endorsed
candidate, group, or slate for a primary if
the only other candidate, group, or slate
of candidates in that primary die,
withdraw, or are disqualified
Before the
period/election
day begins
Partial slate appearing on the ballot when
a slate member dies, withdraws, or is
disqualified
Before the
period/election
day begins
§ 14 CGS § 9-428
Replacement of candidacy for town
committee members
Various
§ 15 CGS § 9-429
Cancellation of a primary when due to
candidate death, withdrawal, or
disqualification
Before the
period/election
day begins
§ 16 CGS § 9-55
Printing a list of unaffiliated voters if these
voters become authorized to vote in a
political party’s primary
Before the
period/election
day begins
§ 17 CGS § 9-217 Giving the municipal clerk a list of 34 days prior 2023SB-01057-R000386-BA.DOCX
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Bill
Section
Applicable
Statutes
Description Deadline
candidates for each party by the office for
special elections for vacancies
§ 29 CGS § 9-229
Appointing moderators and alternate
moderators
20 days prior
§ 30 CGS § 9-256 Filing a sample ballot with the secretary
At least 10 days
prior
EARLY VOTING MATERIAL S
Emergency Contingency Plan (§ 4)
Under existing law, registrars must consult with the town clerk and
create an emergency contingency plan for elections, primaries, and
referenda in the municipality. The bill adds a requirement that the plan
consider early voting and related logistics including (1) solutions for
envelope shortages, (2) strategies to address staffing shortages for early
voting, (3) a fire or alarm within an early voting location, and (4)
disorder in or around an early voting location.
Secretary Materials and Duties (§§ 18-19 & 27)
The bill requires the secretary to:
1. include early voting days and times for state elections in the voter
guide published by her office;
2. conduct a state-wide public awareness campaign on early voting
availability at regular elections and primaries, including the
dates, hours, and voting procedures; and
3. update the existing annual registrar training by July 1, 2023, to
include early voting procedures.
The secretary must also develop and distribute an early voting
procedure manual including a model plan for designating and staffing
locations. The manual must be (1) revised as needed to reflect changes
in state law and (2) distributed through the SOTS website as well as to
all registrars of voters and town clerks.
UPDATING CVRS (§ 22) 2023SB-01057-R000386-BA.DOCX
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Current law requires registrars of voters, when updating the CVRS
after an election or primary, to indicate whether someone voted in-
person or by absentee ballot. The bill also requires them to indicate
whether an in-person elector voted on election day or during the early
voting period.
POST-ELECTION AUDITS AND RECANVASS PROCE DURES (§ 28)
The bill subjects early voting and SDR central counting locations to
existing post-election audit requirements. These requirements generally
establish a process to select locations to participate in a manual or
electronic audit that compares vote totals to results reported by voting
tabulators.
PROHIBITED ACTIVITIES
Solicitation and Related Activities (§ 1)
Similar to existing requirements for polling locations, the bill
prohibits anyone from soliciting, peddling, loitering, or offering certain
materials within 75 feet of an entrance to an early voting location, an
indoor path leading to the location, or any room along the path.
Joint Municipal Agreements (§ 21)
Existing law generally allows two or more municipalities to jointly
perform election-related functions. The bill prohibits municipalities
from entering into joint agreements to conduct early voting.
BACKGROUND
Related Bills
sSB 1064 and sHB 5004, favorably reported by the Government
Administration and Elections committee, contain nearly identical
provisions to this bill. Both bills, which are identical to each other, differ
from this bill in that they (1) authorize a 14-day early voting instead of
a 10-day period and adjust the related deadlines accordingly and (2)
additionally require early voting for referenda.
COMMITTEE ACTION
Government Administration and Elections Committee 2023SB-01057-R000386-BA.DOCX
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Joint Favorable Substitute
Yea 14 Nay 5 (03/15/2023)