Sec. 9-134. Members of the armed forces; definitions.
Sec. 9-139b. (Formerly Sec. 9-157). Secretary authorized to change forms.
Sec. 9-150b. Duties of moderators and municipal clerks. Declaration of count.
Sec. 9-159o. (Formerly Sec. 9-151a). Voting in person after ballot has been sent.
Sec. 9-159r. Mandatory supervised absentee voting at institutions. Procedure.
Sec. 9-134. Members of the armed forces; definitions. The term “members of the armed forces”, wherever used in this chapter, means members in active service of the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, Coast and Geodetic Survey, Public Health Service and Merchant Marine of the United States, and all regular and reserve components thereof. The term “members of the Merchant Marine of the United States”, wherever used in this chapter, means persons employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not mean persons so employed, or enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the Great Lakes or the inland waterways. The term “United States”, wherever used geographically in this chapter, includes the territorial limits of the states of the United States and the District of Columbia.
(1953, 1955, S. 619d; P.A. 79-363, S. 10, 38; P.A. 86-179, S. 2, 53; P.A. 23-71, S. 4.)
History: P.A. 79-363 referred to elector's inability to appear at polling place rather than his absence from town; P.A. 86-179 deleted sentence authorizing absentee voting by elector unable to appear at polling place because of active service with armed forces; P.A. 23-71 redefined “members of the armed forces” by adding reference to United States Space Force.
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Sec. 9-139b. (Formerly Sec. 9-157). Secretary authorized to change forms. The Secretary of the State may make any changes in any forms prescribed by this chapter which, in the opinion of the Secretary, are necessary to conform to the applicable provisions of federal law.
(1949 Rev., S. 1154; 1953, S. 644d; P.A. 86-179, S. 9, 53; July Sp. Sess. P.A. 20-3, S. 3; June Sp. Sess. P.A. 21-2, S. 129; P.A. 23-22, S. 14.)
History: P.A. 86-179 replaced reference to Federal War Ballot Act with reference to applicable provisions of federal law; Sec. 9-157 transferred to Sec. 9-139b in 1987; July Sp. Sess. P.A. 20-3 designated existing provisions as Subsec. (a), added Subsec. (b) re state election in 2020 and made a technical change, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (b) to add provision re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 deleted Subsec. (a) designator and deleted former Subsec. (b) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021.
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Sec. 9-140. Application for and issuance of absentee ballots; online system. Distribution of absentee ballot applications. Mailing of unsolicited applications. Downloading of applications. Summary of absentee voting laws. Definitions. (a)(1) Except as provided in subsection (b) of this section, application for an absentee ballot shall be made to the clerk of the municipality in which the applicant is eligible to vote or has applied for such eligibility. Any person who assists another person in the completion of an application shall, in the space provided, sign the application and print or type his name, residence address and telephone number. Such signature shall be made under the penalties of false statement in absentee balloting. The municipal clerk shall not invalidate the application solely because it does not contain the name of a person who assisted the applicant in the completion of the application. The municipal clerk shall not distribute with an absentee ballot application any material which promotes the success or defeat of any candidate or referendum question. The municipal clerk shall maintain a log of all absentee ballot applications provided under this subsection, including the name and address of each person to whom applications are provided and the number of applications provided to each such person. Each absentee ballot application provided by the municipal clerk shall be consecutively numbered and be stamped or marked with the name of the municipality issuing the application. The application shall be signed by the applicant under the penalties of false statement in absentee balloting on (A) the form prescribed by the Secretary of the State pursuant to section 9-139a, (B) a form provided by any federal department or agency if applicable pursuant to section 9-153a, or (C) any of the special forms of application prescribed pursuant to section 9-150c, 9-153a, 9-153b, 9-153d, 9-153e, 9-153f or 9-158d, if applicable. Any such absentee ballot applicant who is unable to write may cause the application to be completed by an authorized agent who shall, in the spaces provided for the date and signature, write the date and name of the absentee ballot applicant followed by the word “by” and his own signature. If the ballot is to be mailed to the applicant, the applicant shall list the bona fide personal mailing address of the applicant in the appropriate space on the application.
(2) A municipal clerk may transmit an application to a person under this subsection by facsimile machine or other electronic means, if so requested by the applicant. If a municipal clerk has a facsimile machine or other electronic means, an applicant may return a completed application to the clerk by such a machine or device, provided the applicant shall also mail the original of the completed application to the clerk, either separately or with the absentee ballot that is issued to the applicant. If the clerk does not receive such original application by the close of the polls on the day of the election, primary or referendum, the absentee ballot shall not be counted.
(b) On and after July 1, 2021:
(1) Application for an absentee ballot may also be made to the Secretary of the State through an online system established and maintained by the Secretary for such purpose if an applicant's signature is in a database described in subsection (b) of section 9-19k, or the system described in section 9-4c, and such signature may be imported into such online application system.
(2) In order for an application for an absentee ballot to be submitted through the online system described in subdivision (1) of this subsection, the applicant's signature shall be obtained from a database described in subsection (b) of section 9-19k, or the system described in section 9-4c, and the applicant shall, on an online form prescribed by the Secretary, (A) type his or her name, (B) indicate the municipality in which such applicant is eligible to vote or has applied for such eligibility, and (C) mark a box associated with the following statement:
“By clicking on the box below, I swear or affirm all of the following under penalty of false statement in absentee balloting:
1. I am the person whose name is provided on this form, and I desire to apply for an absentee ballot.
2. I am eligible to vote in the municipality provided on this form or have applied for such eligibility.
3. I authorize the Department of Motor Vehicles or other Connecticut state agency to transmit to the Connecticut Secretary of the State my signature that is on file with such agency and understand that such signature will be used by the Secretary on this online application for an absentee ballot as if I had signed this form personally.”
(3) Not later than twenty-four hours after receipt of any submitted application for an absentee ballot through the online system described in subdivision (1) of this subsection, the Secretary shall transmit such application to the clerk of the municipality indicated in such application.
(c) The municipal clerk shall check the name of each absentee ballot applicant against the last-completed registry list and any updated registry lists on file in the municipal clerk's office. If the name of such applicant does not appear on any of such lists, the clerk shall send such applicant a notice, in a form prescribed by the Secretary of the State, to the effect that (1) the applicant's name did not appear on the list of electors of the municipality at the time the application was processed, and (2) unless the applicant is admitted or restored as an elector of the municipality by the applicable cutoff dates an absentee ballot will not be mailed to him. Such notice shall not be so mailed if, prior to the mailing of the notice, the registrars provide the clerk with reliable information showing the absentee ballot applicant to be an elector of the municipality.
(d) An absentee voting set shall consist of an absentee ballot, inner and outer envelopes for its return, instructions for its use, and if applicable, explanatory texts concerning ballot questions, as provided for in sections 2-30a and 9-369b. No other material shall be included with an absentee voting set issued to an applicant except as provided in sections 9-153e and 9-153f or where necessary to correct an error or omission as provided in section 9-153c.
(e) Upon receipt of an application, the municipal clerk shall, unless a notice is mailed to the applicant pursuant to subsection (c) of this section, write the serial number of the outer envelope included in the absentee voting set to be issued to the applicant in the space provided for that purpose on the application form. Sets shall be issued to applicants in consecutive ascending numerical order of the envelope serial numbers, and the clerk shall keep a list of the numbers indicating beside each number the name of the applicant to whom that set was issued. The list shall be preserved as a public record as required by section 9-150b.
(f) Absentee voting sets shall be issued beginning on the thirty-first day before an election and the twenty-first day before a primary or, if such day is a Saturday, Sunday or legal holiday, beginning on the next preceding business day.
(g) On the first day of issuance of absentee voting sets the municipal clerk shall mail an absentee voting set to each applicant whose application was received by the clerk prior to that day. When the clerk receives an application during the time period in which absentee voting sets are to be issued he shall mail an absentee voting set to the applicant, within twenty-four hours, unless the applicant submits his application in person at the office of the clerk and asks to be given his absentee voting set immediately, in which case the clerk shall comply with the request. Any absentee voting set to be mailed to an applicant shall be mailed to the bona fide personal mailing address shown on the application. Issuance of absentee voting sets shall also be subject to the provisions of subsection (c) of this section, section 9-150c and section 9-159q concerning persons designated to deliver or return ballots in cases involving unforeseen illness or disability and supervised voting at certain health care institutions.
(h) No absentee ballot shall be issued on the day of an election or primary, or after the opening of the polls on the day of a referendum, except in cases involving unforeseen illness or disability or presidential or overseas ballots as provided in section 9-150c and sections 9-158a to 9-158m, inclusive.
(i) The municipal clerk shall file executed applications in alphabetical order according to the applicants' surnames. Such applications shall be preserved as a public record as required by section 9-150b.
(j) No person shall pay or give any compensation to another and no person shall accept any compensation solely for (1) distributing absentee ballot applications obtained from a municipal clerk or the Secretary of the State or (2) assisting any person in the execution of an absentee ballot.
(k) (1) A person shall register with the town clerk before distributing five or more absentee ballot applications for an election, primary or referendum, not including applications distributed to such person's immediate family. Such requirement shall not apply to a person who is the designee of an applicant.
(2) Any person who distributes absentee ballot applications shall maintain a list of the names and addresses of prospective absentee ballot applicants who receive such applications, and shall file such list with the town clerk prior to the date of the primary, election or referendum for which the applications were so distributed. Any person who distributes absentee ballot applications and receives an executed application shall forthwith file the application with the town clerk.
(l) No candidate, party or political committee, or agent of such candidate or committee shall mail unsolicited applications for absentee ballots to any person, unless such mailing includes: (1) A written explanation of the eligibility requirements for voting by absentee ballot as prescribed in subsection (a) of section 9-135, and (2) a written warning that voting or attempting to vote by absentee ballot without meeting one or more of such eligibility requirements subjects the elector or applicant to potential civil and criminal penalties. As used in this subsection, “agent” means any person authorized to act on behalf of another person.
(m) The Secretary of the State shall conspicuously post on the Secretary of the State's web site, adjacent to the absentee ballot application form available for downloading, a notice that the application may be downloaded by a person only for (1) the person's own use, (2) the use of a member of the person's immediate family, or (3) the use of a designee of the applicant. The notice shall also contain an advisory statement concerning the requirements of subsection (k) of this section.
(n) The State Elections Enforcement Commission, in consultation with the Secretary of the State, shall prepare a summary of the requirements and prohibitions of the absentee voting laws, which shall be posted on said agencies' web sites. Candidates and political party chairpersons shall provide such summary to campaign and party employees and volunteers.
(o) As used in this section, (1) “immediate family” has the same meaning as provided in subsection (a) of section 9-140b, and (2) “designee” has the same meaning as provided in subsection (b) of section 9-140b.
(1949 Rev., S. 1135; 1953, 1955, S. 627d; 1957, P.A. 517, S. 2; 1959, P.A. 54; 1963, P.A. 139; 207, S. 1; February, 1965, P.A. 59, S. 1; 158, S. 1; 1967, P.A. 176, S. 3; 1971, P.A. 871, S. 71; P.A. 74-96, S. 4, 9; 74-141, S. 1, 2; P.A. 75-310, S. 5, 11; P.A. 76-50, S. 4, 7; P.A. 78-153, S. 2, 32; P.A. 79-363, S. 15, 38; P.A. 84-319, S. 13, 49; P.A. 85-514, S. 1; 85-577, S. 5; 85-592, S. 1; P.A. 86-179, S. 11, 53; P.A. 87-382, S. 9, 55; 87-532, S. 3, 10; P.A. 89-297, S. 3, 10, 11, 18; P.A. 93-384, S. 26, 28; P.A. 95-177, S. 1, 7; P.A. 97-154, S. 11, 27; P.A. 05-235, S. 2, 3; June Sp. Sess. P.A. 10-1, S. 37; P.A. 11-173, S. 63; July Sp. Sess. P.A. 20-3, S. 4; June Sp. Sess. P.A. 21-2, S. 101, 130; P.A. 23-22, S. 15.)
History: 1959 act required applicant to give his bona fide personal mailing address to which ballot was to be sent; 1963 acts allowed application to be made at any time but reduced earliest time for giving or mailing ballot to applicant from 2 months to 45 days and authorized mailing of ballot to applicant at his request; 1965 acts deleted box on application form where applicant could request list, added provision, in case of armed forces members, not more than 90 days before election date, for ballot to be furnished, also provided if application received more than 90 days before election date, ballot to be mailed on ninetieth day and further provided list of all applicants be open to public inspection for period beginning 90 days before election, in lieu of 45, effective for elections held after January 1, 1966; 1967 act added provision for procedure to cover spouse or dependent of armed forces member, if living where member is stationed, to be covered by the 90-day provision, effective for elections held after January 1, 1968; 1971 act substituted “false statement” for “perjury”; P.A. 74-96 added “in absentee balloting” following “false statement”, effective January 1, 1975; P.A. 74-141 in addition to list to be maintained of all applicants for absentee ballots provided for including the voting address, bona fide mailing address and reason given for requesting absentee ballot; P.A. 75-310 deleted reference to 90 days in case of members of armed forces, their spouses and dependents; further changed reference to 45 days to 30 days, further changed period for list open to public inspection to start 30 days before election, effective January 1, 1976; P.A. 76-50 made technical changes; P.A. 78-153 provided absentee ballots to be made available by a municipality 30 days before an election, spelled out procedure to be followed by clerk, specifying a 24-hour period following receipt of application during which action to be taken, further provided executed applications to be kept on hand for 60 days after election, in lieu of 6 months; P.A. 79-363 deleted provision for maintaining a list as public record and provided for the applications themselves to constitute the public record with destruction authorized after 60 days; P.A. 84-319 amended section to allow applicant to designate person to deliver ballot to him or return it to clerk; P.A. 85-514 divided section into Subsecs. and amended Subsec. (a) to prohibit giving or accepting compensation for distributing absentee ballot applications or for assisting persons in the execution of such ballots; P.A. 85-577 changed time frame from 30 days before an election to the thirty-first day before an election or the next preceding business weekday, required notices to electors whose names are not on registry lists that unless the applicant is an elector by applicable cutoff dates, an absentee ballot will not be mailed, and provided that such notices are not mailed if registrar provided clerk with reliable information that absentee ballot applicant is elector of the municipality; P.A. 85-592 added new Subsec. which allowed electors to return application by U.S. postal service, commercial carrier, courier or messenger services; P.A. 86-179 made technical changes, added requirement that applicants list bona fide personal mailing address on application, prohibited issuance of ballot on day of election or during voting hours on day of special election primary or referendum and added prohibition of compensation for distributing applications or assisting in execution of ballot; P.A. 87-382, in Subsec. (d), added references to Secs. 9-153e and 9-153f; P.A. 87-532 amended Subsec. (a) to require clerk to maintain log of absentee ballot applications and to sign or stamp each application provided, under penalties of false statement in absentee balloting, and to require any person obtaining application from a clerk for use of another person to sign and type his name, under same penalties; P.A. 89-297 amended Subsec. (a) by allowing person obtaining application from municipal clerk for use of another person to affix his signature stamp instead of signing the application and by adding prohibition on clerk distributing campaign material with application, substituted “twenty-first” for “nineteenth” in Subsec. (f) and amended Subsec. (h) to prohibit an absentee ballot from being issued on day of “an election or primary”, instead of on day of “a regular election”, or after opening of polls on day of “a referendum” instead of “a special election, primary or referendum”; P.A. 93-384 amended Subsec. (a) to authorize fax transmissions for sending and returning applications, effective January 1, 1994; P.A. 95-177 amended Subsec. (a) by deleting provisions re log of absentee ballot applications and signature stamp, changing identification requirement from person obtaining application for use of another person to person assisting with completion of application, adding requirement of assistant's address and telephone number, provision re not invalidating application lacking name of assistant, and Subdiv. indicators, moving provision re applicant's mailing address from Subsec. (b) to (a), and making provision re facsimile machine Subsec. (b), and amended Subsecs. (e) and (i) by deleting explanation of time period set in Sec. 9-150b, effective January 1, 1996; P.A. 97-154 deleted provisions that forms prescribed by Secretary of the State be provided by the secretary, effective July 1, 1997; P.A. 05-235 amended Subsec. (a) to require municipal clerk to maintain a log of absentee ballot applications provided and require that each application provided by municipal clerk be consecutively numbered and stamped or marked with name of municipality, and added Subsecs. (k) to (o), inclusive, re requirements for absentee ballot distributors, mailing unsolicited applications, notice on the Secretary of the State's web site re downloading applications, and a summary of absentee voting laws by the State Elections Enforcement Commission, effective July 1, 2005, and applicable to elections, primaries and referenda held on or after September 1, 2005; June Sp. Sess. P.A. 10-1 amended Subsec. (b) by allowing for transmission of application by electronic means other than facsimile, effective June 22, 2010; P.A. 11-173 amended Subsec. (c) by replacing “supplementary” with “updated” re registry lists, effective July 13, 2011; July Sp. Sess. P.A. 20-3 amended Subsec. (g) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to designate existing provisions as Subsec. (a)(1) and redesignate former Subdivs. (1) to (3) as Subparas. (A) to (C), redesignated former Subsec. (b) as new Subsec. (a)(2) and added new Subsec. (b) re online system for absentee ballot application, effective July 1, 2021, and amended Subsec. (g)(2) to add provision re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 amended Subsec. (g) to delete Subdiv. (1) designator and delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021.
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Sec. 9-140b. (Formerly Sec. 9-146). Return of absentee ballots; use of secure drop box. Possession of ballots and envelopes restricted. (a) An absentee ballot shall be cast at a primary, election or referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a designee of a person who applies for an absentee ballot because of illness or physical disability, or (C) a member of the immediate family of an applicant who is a student, so that it is received by the clerk of the municipality in which the applicant is qualified to vote not later than the close of the polls; (2) it is returned by the applicant in person to the clerk by the day before a regular election, special election or primary or prior to the opening of the polls on the day of a referendum; (3) it is returned by a designee of an ill or physically disabled ballot applicant, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; (4) it is returned by a member of the immediate family of the absentee voter, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; (5) in the case of a presidential or overseas ballot, it is mailed or otherwise returned pursuant to the provisions of section 9-158g; or (6) it is returned with the proper identification as required by the Help America Vote Act, P.L. 107-252, as amended from time to time, if applicable, inserted in the outer envelope so such identification can be viewed without opening the inner envelope. A person returning an absentee ballot to the municipal clerk pursuant to subdivision (3) or (4) of this subsection shall present identification and, on the outer envelope of the absentee ballot, sign his name in the presence of the municipal clerk, and indicate his address, his relationship to the voter or his position, and the date and time of such return. As used in this section, “immediate family” means a dependent relative who resides in the individual's household or any spouse, child, parent or sibling of the individual.
(b) As used in this section and section 9-150c, “designee” means (1) a person who is caring for the applicant because of the applicant's illness or physical disability, including, but not limited to, a licensed physician or a registered or practical nurse, (2) a member of the applicant's family, who is designated by an absentee ballot applicant and who consents to such designation, or (3) a police officer, registrar of voters, deputy registrar of voters or assistant registrar of voters in the municipality in which the applicant resides.
(c) (1) For purposes of this section, “mailed” means (A) sent by the United States Postal Service or any commercial carrier, courier or messenger service recognized and approved by the Secretary of the State, or (B) deposited in a secure drop box designated by the municipal clerk for such purpose, in accordance with instructions prescribed by the Secretary.
(2) In the case of absentee ballots mailed under subparagraph (B) of subdivision (1) of this subsection, beginning on the first day of issuance of absentee voting sets, as provided in subsection (f) of section 9-140, and on each weekday thereafter until the close of the polls at the election, primary or referendum, the municipal clerk shall retrieve from the secure drop box described in said subparagraph each such ballot deposited in such drop box.
(d) No person shall have in his possession any official absentee ballot or ballot envelope for use at any primary, election or referendum except the applicant to whom it was issued, the Secretary of the State or his or her authorized agents, any official printer of absentee ballot forms and his designated carriers, the United States Postal Service, any other carrier, courier or messenger service recognized and approved by the Secretary of the State, any person authorized by a municipal clerk to receive and process official absentee ballot forms on behalf of the municipal clerk, any authorized primary, election or referendum official or any other person authorized by any provision of the general statutes to possess a ballot or ballot envelope.
(e) No (1) candidate or (2) agent of a candidate, political party or committee, as defined in section 9-601, shall knowingly be present when an absentee ballot applicant executes an absentee ballot, except (A) when the candidate or agent is (i) a member of the immediate family of the applicant or (ii) authorized by law to be present or (B) when the absentee ballot is executed in the office of the municipal clerk and the municipal clerk or an employee of the municipal clerk is a candidate or agent.
(1949 Rev., S. 1143; 1953, S. 633d; 1972, P.A. 196, S. 14; P.A. 73-472, S. 1, 2; P.A. 74-312, S. 1, 2; P.A. 75-125, S. 1, 3; P.A. 76-295, S. 17, 18; P.A. 77-245, S. 1; P.A. 79-340; P.A. 81-424, S. 4; P.A. 82-288, S. 1, 2; P.A. 83-324, S. 1, 2; P.A. 84-319, S. 15, 49; P.A. 85-592, S. 2; 85-613, S. 90, 154; P.A. 86-179, S. 13, 53; P.A. 87-532, S. 4, 10; P.A. 88-162, S. 3, 4; P.A. 89-297, S. 4, 18; P.A. 94-203, S. 11, 12; P.A. 97-154, S. 15, 27; 97-176, S. 1, 2; P.A. 98-67, S. 9, 10; June 30 Sp. Sess. P.A. 03-6, S. 96; July Sp. Sess. P.A. 20-3, S. 5; June Sp. Sess. P.A. 21-2, S. 102; P.A. 23-22, S. 16; 23-158, S. 1.)
History: 1972 act retained requirements for deadline for return of absentee ballots to clerk for municipal elections not held coincidentally with regular or special state elections but changed deadline for return of ballots for regular or special state elections to not later than the close of the polls on election day and added provision for a presidential ballot to be issued on election day in certain circumstances; P.A. 73-472 provided that ballot may be completed in clerk's office and returned to clerk at same time, effective with all elections held on or after January 1, 1974; P.A. 74-312 detailed who may be designated to mail absentee ballot where there is illness or physical disability and those who may at times have in their possession official ballots or ballot envelopes not to apply to any primary held in 1974; P.A. 75-125 changed deadline for return of all absentee ballots, mailed or otherwise, for municipal or state elections, to “the close of the polls on the day of such election”, effective January 1, 1976; P.A. 76-295 added provision for return of an overseas ballot by a person not employed by U.S. postal service; P.A. 77-245 changed “town clerk's office” to “office of the municipal clerk” where appearing; P.A. 79-340 divided section into three Subsecs. and in new Subsec. (a) set forth conditions under which absentee ballot is deemed to be cast, in which was deleted previous provision for completion in clerk's office and return at same time, substituting a requirement that when returned in person by elector deadline is “by the day before such election”; P.A. 81-424 amended Subsec. (b) to include justices of the peace among those persons who may be designated by an elector to mail his ballot; P.A. 82-288 amended section to allow electors to pick up and return absentee ballots in person on day of a special election or primary if done prior to the opening of the polls, and to delete reference to justice of the peace as person who may mail absentee ballot for elector; P.A. 83-324 amended section to allow municipal clerk or designee to personally accept ballots from hospitalized persons; P.A. 84-319 permitted certain individuals to pick up as well as return the absentee ballot of a person hospitalized within the six days immediately preceding a primary or an election; P.A. 85-592 amended Subsec. (a) to allow electors to return applications by U.S. postal service, commercial carrier, courier or messenger services; P.A. 85-613 made a technical change in Subsec. (a) and deleted provision which had required clerk to retain records for six months after election or primary; P.A. 86-179 added references to referenda, use of commercial carrier, courier or messenger service, changed term “elector” to “applicant” and deleted provision re issuance of ballot on election day; Sec. 9-146 transferred to Sec. 9-140b in 1987; P.A. 87-532 amended Subsec. (a)(1) to allow an absentee ballot to be cast if it is mailed by a member of the immediate family of an applicant who is a student; P.A. 88-162 amended Subsec. (a)(2) to require that absentee ballot be returned by day before special election or primary, instead of prior to opening of polls on day of special election or primary, in order to be cast, effective July 1, 1989; P.A. 89-297 amended Subsecs. (a) and (b) to allow a designee of any ill or physically disabled applicant, instead of only an applicant having an unforeseen illness or physical disability occurring within six days immediately preceding close of polls, to return ballot in person ; P.A. 94-203 divided Subsec. (b) into Subdivs., rephrased provision re licensed physician or registered or practical nurse in Subdiv. (1), and inserted “or assistant registrar of voters” in Subdiv. (2), effective July 1, 1994; P.A. 97-154 added new Subsec. (a)(4) authorizing absentee ballot to be cast if returned by immediate family member, renumbering former Subdiv. (4) as Subdiv. (5) and requiring person returning absentee ballot to municipal clerk under Subdiv. (3) or (4) to present identification and provide information on outer envelope, effective January 1, 1998; P.A. 97-176 added new Subsec. (e) prohibiting candidate or his agent, except in certain cases, from knowingly being present when an applicant executes absentee ballot, effective July 1, 1997; P.A. 98-67 redefined “immediate family” for purposes of section, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 made a technical change in Subsec. (a)(1) and added Subsec. (a)(6) re ballot returned with proper identification as required by Help America Vote Act, effective January 1, 2004; July Sp. Sess. P.A. 20-3 amended Subsec. (c) to designate existing provisions as Subdiv. (1), add Subpara. (A) designator, add Subpara. (B) re state election in 2020 and add Subdiv. (2) re absentee ballots mailed under Subdiv. (1)(B), effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to redefine “immediate family” to include sibling, amended Subsec. (b)(3) to delete “if no such person consents or is available, then”, amended Subsec. (c)(1)(B) to delete “for the state election in 2020,” and amended Subsec. (c)(2) to replace reference to 2020 state election with reference to each election, primary or referendum, deleted Subpara. (A) designator from provision re drop box retrieval and deleted Subpara. (B) re police escort during drop box retrieval, effective June 23, 2021; P.A. 23-22 amended Subsec. (b)(1) to make a technical change; P.A. 23-158 amended Subsec. (c)(2) by replacing “twenty-ninth day before each election, primary or referendum” with “first day of issuance of absentee voting sets, as provided in subsection (f) of section 9-140” and making a technical change.
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Sec. 9-140c. (Formerly Sec. 9-147). List of applicants returning ballots to clerk. Sorting of ballots and checking of names on registry list; rejection of ballot if name not on list. Times for delivery of ballots by clerk to registrars. Preservation of secrecy. Counting of ballots by counters upon receipt from registrars. Late ballots retained by clerk. (a) The municipal clerk shall retain the envelopes containing absentee ballots received by him under section 9-140b and shall not open such envelopes. The municipal clerk shall endorse over his signature, upon each outer envelope as he receives it, the date and precise time of its receipt. The clerk shall make an affidavit attesting to the accuracy of all such endorsements, and at the close of the polls shall deliver such affidavit to the head moderator, who shall endorse the time of its receipt and return it to the clerk after all counting is complete. The clerk shall preserve the affidavit for one hundred eighty days in accordance with the requirements of section 9-150b. The clerk shall keep a list of the names of the applicants who return absentee ballots to the clerk under section 9-140b. The list shall be preserved as a public record as required by section 9-150b.
(b) (1) Beginning not earlier than the seventh day before the election, primary or referendum and on any weekday thereafter, all absentee ballots received by the municipal clerk at or prior to eleven o'clock a.m. of such day may be sorted into voting districts by the municipal clerk and checked as provided in this subsection. On any such day, beginning as soon as the ballots have been sorted, the registrars of voters, without opening the outer envelopes, may check the names of the applicants returning ballots on the official checklist to be used at the election, primary or referendum by indicating “absentee” or “A” preceding each such name and, if unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, the designation of the party in which the applicants are voting preceding each such name. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, the registrars shall also place such indication on a duplicate checklist to be retained by the municipal clerk until the municipal clerk delivers such duplicate checklist to the registrars, in accordance with subsection (e) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.
(2) All absentee ballots received at or prior to eleven o'clock a.m. of the last day before the election, primary or referendum which is not a Sunday or legal holiday, shall be sorted into voting districts by the municipal clerk and checked as provided in subdivision (1) of this subsection not later than such last day.
(c) If the name of the applicant returning the ballot is not on the official checklist for any polling place in such municipality, the registrars shall endorse on the face of such outer envelope the word “rejected”, followed by a statement of the reasons for rejection, and the outer envelope shall not be opened or the ballot counted.
(d) After such checking has been completed on any such day, the municipal clerk shall seal the unopened ballots in a package and retain them in a safe place.
(e) (1) Except as provided in subdivision (2) of this subsection, ballots received at or prior to eleven o'clock a.m. on the last day before the election, primary or referendum shall be delivered by the municipal clerk to the registrars between ten o'clock a.m. and twelve o'clock noon on the day of the election or primary and at twelve o'clock noon on the day of a referendum. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, the municipal clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.
(2) The municipal clerk may deliver the ballots at a time that is later than the time provided in subdivision (1) of this subsection, provided such time is mutually agreed upon by the municipal clerk and registrars and is not later than eight o'clock p.m. on the day of the election, primary or referendum.
(f) Absentee ballots timely received by the clerk after eleven o'clock a.m. of such last day before an election, primary or referendum shall be sorted into voting districts by the clerk and retained by the clerk separately until delivered to the registrars of voters for checking.
(g) Any or all of such ballots received after eleven o'clock a.m. of such last day before an election, primary or referendum and before six o'clock p.m. on the day of the election, primary or referendum shall, upon request of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m. on the day of the election, primary or referendum for checking, or at a later time mutually agreed upon by the clerk and registrars, provided such time is not later than eight o'clock p.m. on the day of the election, primary or referendum.
(h) Absentee ballots received after six o'clock p.m. on the day of the election, primary or referendum and any ballots received prior to six o'clock p.m. of such day which were not delivered earlier shall be delivered to the registrars at the close of the polls for checking. Although absentee ballots shall be checked by the registrars of voters at various times throughout the election, primary or referendum day, absentee ballots may be counted at one single time during such day.
(i) (1) Except as otherwise provided in this subsection, the absentee ballot counters, upon receipt of the ballots delivered by the municipal clerk to the registrars at six o'clock p.m. on the day of the election, primary or referendum and at the close of the polls pursuant to subsections (g) and (h) of this section, shall check the names of the applicants returning ballots on the duplicate checklist in the same manner as provided in subsections (b) and (c) of this section.
(2) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be called in to the appropriate polling places where they shall be checked by the checkers on the official checklists, and they shall also be checked by the absentee ballot counters on the duplicate checklist required under subsection (b) of this section.
(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be checked by the absentee ballot counters and checkers at such polling place on the official checklist used at such polling place.
(3) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at the close of the polls shall be checked by the absentee ballot counters on the official checklists used at the polling places and such official checklists, bearing the certifications required by section 9-307, shall be delivered by the registrars or assistant registrars to the central counting moderator for that purpose.
(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, the official checklist used at such polling place shall remain in such polling place for checking by the absentee ballot counters at such polling place.
(4) If the name of an applicant returning a ballot has been checked on the official checklist as having voted in person the absentee ballot counters shall, in checking the ballots, endorse on the face of the outer envelope the word “rejected” followed by a statement of the reason for rejection, and the outer envelope shall not be opened or the ballot counted.
(5) (A) Except as provided in subparagraph (B) of this subdivision, when central counting is completed and the result is announced, the central counting moderator shall deliver the duplicate checklist, the official checklists and the returns required by section 9-150b, to the head moderator.
(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, and such counting is completed and the result for such polling place is announced, the moderator for such polling place shall deliver the official checklist used at such polling place and the return required by section 9-150b to the head moderator.
(j) Each time absentee ballots are delivered by the clerk to the registrars pursuant to this section, the clerk and registrars shall execute an affidavit of delivery and receipt stating the number of ballots delivered. The clerk shall preserve the affidavit for the period prescribed in section 9-150b.
(k) The absentee ballot counters shall count, in the manner provided in section 9-150a, each group of absentee ballots upon receipt from the registrars.
(l) The municipal clerk shall retain all outer envelopes containing absentee ballots received by him after the close of the polls, unopened, for the period prescribed in section 9-150b.
(1949 Rev., S. 1143; 1953, S. 634d; 1963, P.A. 43; 1967, P.A. 831, S. 3; 1972, P.A. 196, S. 15; P.A. 75-125, S. 2, 3; 75-300, S. 5, 9; P.A. 77-187, S. 1, 9; 77-245, S. 2; P.A. 78-75, S. 1, 3; 78-153, S. 21, 32; P.A. 79-363, S. 16, 38; P.A. 81-424, S. 1; P.A. 84-319, S. 17, 49; P.A. 85-592, S. 3; P.A. 86-179, S. 14, 53; P.A. 87-382, S. 10, 55; 87-509, S. 23, 24; 87-532, S. 5, 10; P.A. 95-171, S. 11, 14; P.A. 96-119, S. 3, 14; P.A. 11-173, S. 10; June 12 Sp. Sess. P.A. 12-2, S. 48; P.A. 13-295, S. 1; P.A. 18-124, S. 3–5; July Sp. Sess. P.A. 20-3, S. 6; Sept. Sp. Sess. P.A. 20-4, S. 2; June Sp. Sess. P.A. 21-2, S. 131; P.A. 23-22, S. 17.)
History: 1963 act allowed clerk to deliver ballots promptly after as well as before the opening of the polls; 1967 act made technical changes; 1972 act provided that on day of municipal or special election not held coincidentally with a regular or special state election, prior to or promptly after polls open and again promptly after twelve noon, when day of election is Monday, clerk to deliver absentee ballots to registrars, and further on day of regular or special state election clerk to deliver absentee ballots immediately after twelve noon and again immediately after the close of the polls to the registrars, also at any time or times between noon and the close of the polls may deliver any envelopes received during that period; P.A. 75-125 deleted distinction between municipal and state elections and provided for delivery of ballots to registrars at any election immediately after twelve noon and after closing of polls as well as any time in between at discretion of clerk, effective January 1, 1976; P.A. 75-300 changed twelve noon to two p.m. and further deleted discretionary deliveries between that time and closing of polls, effective January 1, 1976; P.A. 77-187 deleted all provisions for delivery of ballots by clerk to registrars, provided that ballots received before eleven a.m. of day before election be sorted into voting districts by clerk, that registrars to start checking as ballots are available from clerk the names of such voters on registry list and if name not on list, without opening ballot to indicate “not counted” thereon and reason therefor upon completion ballots retained in sealed package by clerk until delivered to registrars at twelve noon, election day, that ballots received in timely fashion after eleven a.m. day before election to be sorted and delivered to registrars after polls close, that, if admission form of member of armed forces or related group is received by five p.m. at day before election, his absentee ballot, received before the admission form, to be counted and that where absentee ballots cast in election on first Monday in May, ballots to be checked against registry list on last weekday before election; P.A. 77-245 changed “town” to “municipal” clerk; P.A. 78-75 provided for delivery and checking of ballots received since last delivery at five p.m. on request of registrars and again any ballots not previously delivered to be delivered at the close of polls; P.A. 78-153 made technical changes; P.A. 79-363 changed five p.m. delivery time to six p.m.; P.A. 81-424 provided for optional sorting and checking of ballots on a daily basis for seven days prior to the election; P.A. 84-319 divided section into Subsecs. and amended section to provide uniformity in procedures for sorting, checking and marking absentee ballot envelopes; P.A. 85-592 applied provisions of section to referenda and amended Subsec. (b) to require that clerk and registrars execute affidavit of delivery and receipt stating number of ballots delivered; P.A. 86-179 changed term “registry list” to “official checklist” and made technical changes; Sec. 9-147 transferred to Sec. 9-140c in 1987; P.A. 87-382 substituted “one hundred eighty days” for “six months”; P.A. 87-509 amended Subsec. (b) to provide that checking by registrars, if unaffiliated electors authorized to vote in primary of either of two parties, to include designation of party in which applicants are voting preceding each name; P.A. 87-532 amended Subsec. (a) to require clerk to keep list of names of applicants returning absentee ballots to clerk; P.A. 95-171 amended Subsec. (e) by changing time of delivery of ballots from noon to between nine a.m. and noon for an election or primary and not later than noon for a referendum, effective January 1, 1996; P.A. 96-119 amended Subsec. (e) to replace “nine” with “ten” o'clock and replace “not later than” with “at” twelve o'clock, effective May 24, 1996; P.A. 11-173 amended Subsecs. (e) to (h) by deleting language re specific times for counting and references to such times and counting, and by adding language re counting a single time in Subsec. (h), effective July 13, 2011; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (h) by making a technical change; P.A. 13-295 amended Subsec. (e) by designating existing provisions as Subdiv. (1) and providing for an exception for Subdiv. (2) therein and adding Subdiv. (2) re mutually agreed upon delivery time, made a technical change in Subsec. (f) and amended Subsec. (g) by making a technical change and adding provision re mutually agreed upon delivery time, effective July 1, 2013; P.A. 18-124 amended Subsecs. (b) and (e)(1) to replace provision re central counting of absentee ballots with provision re counting in respective polling places, amended Subsec. (i)(1) to replace “official checklist” with “duplicate checklist”, amended Subsec. (i)(2) to replace provision re central counting with provision re exception in Subpara. (B), designate existing provisions re names of applicants to be called into polling places and checked by absentee ballot counters as Subpara. (A), and add Subpara. (B) re counting of absentee ballots in polling place and checking names of certain applicants, amended Subsec. (i)(3) to designate existing provisions re names of applicants to be checked on official checklists as Subpara. (A) and add Subpara. (B) re counting of absentee ballots in polling place, amended Subsec. (i)(5) to designate existing provisions re completion of central counting and delivery of checklists to head moderator as Subpara. (A) and add Subpara. (B) re completion of counting of absentee ballots and delivery of official checklist to head moderator, replaced “clerk” with “municipal clerk”, and made technical and conforming changes in Subsecs. (b), (e) and (i), effective June 6, 2018; July Sp. Sess. P.A. 20-3 amended Subsec. (b) to designate existing provisions as Subdiv. (1) and amend same to add exception re Subsec. (b)(2), add exception re Subsec. (e)(2)(A) and add Subdiv. (2) re state election in 2020, amended Subsec. (e)(2) to add Subpara. (A) re state election in 2020, designate existing provisions as Subpara. (B) and add “or subparagraph (A) of this subdivision”, and made technical changes in Subsec. (i), effective July 31, 2020; Sept. Sp. Sess. P.A. 20-4 amended Subsec. (b) to designate existing provisions of Subdiv. (1) re permission to sort and check received absentee ballots as Subdiv. (1)(A) and amended same to replace “at twelve o'clock noon, except as provided in subparagraph (A) of subdivision (2) of subsection (e) of this section, on election, primary or referendum day” with “in accordance with subsection (e) of this section”, add Subdiv. (1)(B) re state election in 2020, designate existing provision of Subdiv. (1) re requirement to sort and check received absentee ballots as new Subdiv. (2) and delete former Subdiv. (2) re state election in 2020, amended Subsec. (e) to add Subdiv. (2)(A)(i) re permission to deliver ballots to registrars, add Subdiv. (2)(A)(iii) re delivery of duplicate checklist and designate existing provisions of Subdiv. (2)(A) re requirement to deliver ballots to registrars as Subdiv. (2)(A)(ii), amended Subsec. (h) to add “on the day of the election, primary or referendum” and “of such day”, amended Subsec. (i) to add “on the day of the election, primary or referendum” in Subdivs. (1) and (2), amended Subsec. (j) to replace “Each time ballots” with “Each time absentee ballots”, “on election, primary or referendum day” with “pursuant to this section” and “six months in accordance with” with “the period prescribed in”, amended Subsec. (k) to designate existing provisions re requirement to count absentee ballots upon receipt as Subdiv. (1) and amend same to add exception re Subdiv. (2), and add Subdiv. (2) re state election in 2020, and made technical and conforming changes, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsecs. (b)(1)(B), (e)(2)(A) and (k)(2) to add provisions re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 amended Subsec. (b)(1) to delete Subpara. (A) designator, delete exception re former Subpara. (B) and delete former Subpara. (B) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, amended Subsec. (e) to delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and redesignate existing Subdiv. (2)(B) as Subdiv. (2), amended Subsec. (k) to delete Subdiv. (1) designator, delete exception re former Subdiv. (2) and delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and made conforming and technical changes in Subsecs. (b) and (e).
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Sec. 9-147a. Central counting of absentee ballots; designation of location by registrars of voters. Exception for counting in respective polling places. (a) Except as provided in subsection (b) of this section, at any election, primary or referendum, all absentee ballots shall, within existing resources, be counted in the manner provided in section 9-150a at a central location designated by the registrars of voters in writing to the municipal clerk at least twenty days before the election, primary or referendum, which location shall be published in the warning for the election, primary or referendum. Except as provided in subsection (b) of this section, if unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, all absentee ballots shall be separated, counted, tallied and placed in depository envelopes by voting district. Any member of the public may observe the counting of absentee ballots at such central location.
(b) At any election, primary or referendum, all absentee ballots may be counted in the manner provided in section 9-150a in the respective polling places if the registrars of voters agree that such absentee ballots should be so counted. If unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, absentee ballots may be counted in the respective polling places if the parties agree that such absentee ballots should be so counted. Any election official serving in a polling place may observe the counting of absentee ballots at such polling place.
(P.A. 75-300, S. 1, 9; P.A. 77-187, S. 4, 9; P.A. 78-75, S. 2, 3; 78-153, S. 19, 32; P.A. 79-363, S. 17, 38; P.A. 81-424, S. 2; P.A. 84-319, S. 18, 49; P.A. 85-592, S. 4; P.A. 86-179, S. 16, 53; P.A. 87-509, S. 22, 24; P.A. 18-124, S. 1; Sept. Sp. Sess. P.A. 20-4, S. 3; June Sp. Sess. P.A. 21-2, S. 132; P.A. 23-22, S. 18.)
History: P.A. 77-187 changed time of receipt referring to before or after “five p.m.” of day before election to “eleven a.m.” where appearing, changed time of delivery by town clerk from “two p.m.” to “twelve noon” on election day; P.A. 78-75 changed “town” to “municipal” clerk where appearing, and provided for delivery of ballots at five p.m. on election day at request of registrars and in any case at close of polls; P.A. 78-153 replaced town clerk with municipal clerk; P.A. 79-363 changed “five” to “six” p.m. on election day where appearing; P.A. 81-424 provided for optional sorting and checking of ballots on a daily basis for seven days prior to the election; P.A. 84-319 divided section into Subsecs. and amended provisions to provide uniformity in procedures for checking and counting absentee ballots; P.A. 85-592 applied provisions of section to primary elections and referenda; P.A. 86-179 added subsection re counting of absentee ballots at polling place or central counting location and deleted provisions re timetable and procedures for counting; P.A. 87-509 prohibited central counting of absentee ballots if unaffiliated electors authorized to vote in primary of either of two parties, unless both parties decide to have central counting and designate same room for central counting; P.A. 18-124 deleted former Subsec. (a) re counting of absentee ballots and election official observing counting of ballots, redesignated existing Subsec. (b) as new Subsec. (a) and amended same to add exception re Subsec. (b), replace “may” with “shall, within existing resources”, delete provisions re prohibition on counting absentee ballots at central location unless both parties agree to designate same room for counting and delete provision re return of absentee ballots by voting district, added new Subsec. (b) re counting of absentee ballots in respective polling places and election official observing counting of absentee ballots, and made technical and conforming changes, effective June 6, 2018; Sept. Sp. Sess. P.A. 20-4 amended Subsec. (a) to add exception re Subsec. (c) and “in the manner provided in section 9-150a”, amended Subsec. (b) to add “in the manner provided in section 9-150a” and added Subsec. (c) re state election in 2020, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to add provisions re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 deleted former Subsec. (c) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and amended Subsec. (a) to make a conforming change.
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Sec. 9-150b. Duties of moderators and municipal clerks. Declaration of count. (a) Moderator to record result of each count. The moderator shall record the result of each count of absentee ballots at any election, primary or referendum, separately by time of count, on (1) a separate moderator's return for each voting district, and (2) a separate record of the number of absentee votes cast for each candidate for each voting district.
(b) Counting at central location. Central counting moderator's return. Except as provided in subsection (c) of this section, when all counting is complete, the moderator shall publicly declare the result of such count. The moderator shall then deliver to the head moderator the central counting moderator's returns, together with all other information required by law or by the Secretary of the State's instructions. The head moderator shall add the results from the voting tabulators, recorded on the moderator's return for each polling place, to the absentee count recorded on the central counting moderator's return for the corresponding voting district, in the manner prescribed by the Secretary of the State. The returns so completed shall show separately the tabulator vote and the absentee vote and the totals thereof.
(c) Counting in the respective polling places. Declaration of result. If the absentee ballots were counted in the respective polling places, pursuant to subsection (b) of section 9-147a, when all counting is complete the moderator shall publicly declare the result of such count as provided in section 9-309 and add such count to the results from the voting tabulators recorded on the moderator's return. Such return shall show separately the tabulator vote and the absentee vote and the totals thereof.
(d) Forms. The Secretary of the State may prescribe the forms and instructions for the tabulation, counting and return of the absentee ballot vote.
(e) Presentation of depository envelopes. The sealed depository envelopes required by subsections (f) and (m) of section 9-150a shall be returned by the moderator to the municipal clerk as soon as practicable on or before the day following the election, primary or referendum.
(f) Municipal clerk to preserve ballots, envelopes and related materials. The municipal clerk shall preserve for sixty days after the election, primary or referendum the depository envelopes containing opened envelopes and rejected ballots required by subsection (f) of section 9-150a, and shall so preserve for one hundred eighty days the depository envelopes containing counted ballots and related materials required by subsection (m) of section 9-150a.
(g) Limits on opening depository envelopes. No such depository envelope shall be opened except by order of a court of competent jurisdiction, by the State Elections Enforcement Commission pursuant to a subpoena issued under subdivision (1) of subsection (a) of section 9-7b or within five business days after an election, primary or referendum for the purpose of a recanvass conducted pursuant to law. After such a recanvass the depository envelopes and their contents shall be returned to the municipal clerk and preserved for the stated period.
(h) Municipal clerk to preserve applications, void and unused ballots, records. For sixty days after the election, primary or referendum the following shall be preserved by the municipal clerk as a public record open to public inspection: (1) All executed absentee ballot application forms and direction by registrar forms, as required by subsection (i) of section 9-140; (2) the list and index of applicants for presidential or overseas ballots as required by section 9-158h; (3) the numerical list of absentee voting sets issued as required by subsection (e) of section 9-140; (4) the list of the names of persons whose absentee ballots are received by the municipal clerk, as required by subsection (a) of section 9-140c; (5) all unused absentee ballots; and (6) all envelopes containing ballots received by the municipal clerk after the close of the polls, which shall remain unopened.
(i) Municipal clerk to preserve affidavits. For one hundred eighty days after the election, primary or referendum the following shall be preserved by the municipal clerk as a public record open to public inspection: (1) The affidavit regarding the municipal clerk's endorsement of inner envelopes, as required by subsection (a) of section 9-140c; and (2) the affidavit regarding delivery and receipt of ballots, as required by subsection (j) of said section.
(j) Destruction of ballots, envelopes and related materials. At the expiration of the applicable retention period, if no contest is pending and no subpoena has been issued by the State Elections Enforcement Commission pursuant to subsection (1) of section 9-7b, the municipal clerk shall destroy the materials preserved under this section.
(P.A. 86-179, S. 20, 53; P.A. 87-382, S. 12, 55; 87-532, S. 6, 10; P.A. 88-364, S. 11, 123; P.A. 90-156, S. 5; P.A. 95-177, S. 6, 7; P.A. 00-66, S. 19; P.A. 11-20, S. 1; P.A. 18-124, S. 7; Sept. Sp. Sess. P.A. 20-4, S. 6; June Sp. Sess. P.A. 21-2, S. 138; P.A. 23-22, S. 19.)
History: P.A. 87-382 substituted “one hundred eighty days” for “six months” in Subsecs. (f) and (i) and, in Subsec. (f), also substituted “(m)” for “(n)”; P.A. 87-532 applied provisions of Subsec. (h) to log of applications issued and list of persons whose applications are received by clerk; P.A. 88-364 substituted the words “The sealed” for “No such” in Subsec. (e); P.A. 90-156 corrected a Subsec. reference in Subsec. (e); P.A. 95-177 deleted Subsec. (h)(2) re log of applications issued and renumbered Subdivs. (3) to (7) as (2) to (6), effective January 1, 1996; P.A. 00-66 made a technical change in Subsec. (g); pursuant to P.A. 11-20, “machine” and “machines” were changed editorially by the Revisors to “tabulator” and “tabulators”, respectively, in Subsecs. (b) and (c), effective May 24, 2011; P.A. 18-124 amended Subsec. (a) to delete “the moderator's return, or in the case of central counting” in Subdiv. (1) and delete “as shown on the moderator's return, or in the case of central counting, such a record” in Subdiv. (2), deleted former Subsec. (b) re absentee ballots counted at polls and redesignated existing Subsec. (c) as Subsec. (b) and amended same to replace “If the absentee ballots were counted at a central location” with “Except as provided in subsection (c) of this section”, added new Subsec. (c) re counting of absentee ballots in respective polling places and replaced “clerk” with “municipal clerk”, effective June 6, 2018; Sept. Sp. Sess. P.A. 20-4 amended Subsec. (a) to add “at any election, primary or referendum”, amended Subsec. (b) to make a technical change, amended Subsec. (g) to designate existing provisions as Subdiv. (1) and amend same to replace “five days of” with “five business days after”, and add Subdiv. (2) re state election in 2020, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (g)(2) to add provisions re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 amended Subsec. (g) to delete Subdiv. (1) designator and delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and amended Subsec. (h) to make a technical change.
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Sec. 9-150e. Procedures for processing of absentee ballots before the day of certain elections, primaries or referenda held in 2020 and 2021. Section 9-150e is repealed, effective October 1, 2023.
(Sept. Sp. Sess. P.A. 20-4, S. 5; June Sp. Sess. P.A. 21-2, S. 135; P.A. 23-22, S. 34.)
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Sec. 9-159o. (Formerly Sec. 9-151a). Voting in person after ballot has been sent. Any elector who has returned an absentee ballot to the municipal clerk and who finds such elector is able to vote in person shall proceed before ten o'clock a.m. on election, primary or referendum day to the municipal clerk's office and request that such elector's ballot be withdrawn. The municipal clerk shall remove the ballot from the sealed package and shall mark the serially-numbered outer envelope, which shall remain unopened, “rejected” and note the reasons for rejection. The elector shall also endorse the envelope. The rejected ballot shall then be returned to the sealed package until delivered on election, primary or referendum day to the registrars of voters in accordance with section 9-140c. The municipal clerk shall then give the elector a signed statement directed to the moderator of the voting district in which the elector resides stating that the elector has withdrawn such elector's absentee ballot and may vote in person. Upon delivery of the statement by the elector to the moderator, the moderator shall cause the absentee indication next to the name of the elector to be stricken from the official checklist and the elector may then have such elector's name checked and vote in person. Unless absentee ballots are to be counted in the respective polling places pursuant to subsection (b) of section 9-147a, the municipal clerk shall also cause the absentee indication next to the name of the elector to be stricken from the duplicate checklist to be used by the absentee ballot counters.
(P.A. 75-300, S. 2, 9; P.A. 77-187, S. 5, 9; P.A. 78-153, S. 20, 32; P.A. 79-363, S. 19, 38; P.A. 84-319, S. 21, 49; P.A. 86-179, S. 42, 53; P.A. 95-171, S. 12, 14; P.A. 96-119, S. 5, 14; P.A. 18-124, S. 8; July Sp. Sess. P.A. 20-3, S. 7; Sept. Sp. Sess. P.A. 20-4, S. 7; June Sp. Sess. P.A. 21-2, S. 137; P.A. 23-22, S. 20.)
History: P.A. 77-187 changed time of count to twelve noon from “not earlier than two p.m.”; P.A. 78-153 changed “town” to “municipal” clerk, effective January 1, 1979; P.A. 79-363 made technical changes; in 1979 transferred Sec. 9-147c to Sec. 9-151a; P.A. 84-319 amended section to provide a uniform procedure for checking and marking ballots; P.A. 86-179 made technical changes and substituted “checklist” for “registry list”; Sec. 9-151a transferred to Sec. 9-159o in 1987; P.A. 95-171 changed the time before which ballots must be withdrawn from before noon to before ten a.m., effective January 1, 1996; P.A. 96-119 deleted “at twelve o'clock noon,” effective May 24, 1996; P.A. 18-124 deleted provision re notation by clerk in case of central counting, added provisions re counting of absentee ballots in respective polling places and striking absentee indication, and replaced “clerk” with “municipal clerk”, effective June 6, 2018; July Sp. Sess. P.A. 20-3 designated existing provisions as Subsec. (a), added Subsec. (b) re state election in 2020 and made technical changes, effective July 31, 2020; Sept. Sp. Sess. P.A. 20-4 amended Subsec. (a) to make a technical change and amended Subsec. (b) to replace “last day” with “fourth day”, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (b) to add provisions re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 deleted Subsec. (a) designator and deleted former Subsec. (b) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021.
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Sec. 9-159q. (Formerly Sec. 9-159n). Supervised absentee voting by patients at institutions upon request of registrar, administrator. Secretary of the State's authority to suspend supervised absentee voting for civil preparedness and public health emergencies. (a) As used in this section:
(1) “Institution” means a veterans' health care facility, residential care home, health care facility for the handicapped, nursing home, rest home, mental health facility, alcohol or drug treatment facility, an infirmary operated by an educational institution for the care of its students, faculty and employees or an assisted living facility; and
(2) “Designee” means an elector of the same town and political party as the appointing registrar of voters, which elector is not an employee of the institution at which supervised voting is conducted.
(b) Notwithstanding any provision of the general statutes, if less than twenty of the patients in any institution in the state are electors, absentee ballots voted by such electors shall, upon request of either registrar of voters in the town of such electors' voting residence or the administrator of such institution, be voted under the supervision of such registrars of voters or their designees in accordance with the provisions of this section. The registrars of voters of a town other than the town in which an institution is located may refuse a request by the administrator of such institution when, in their written opinion, the registrars agree that such request is unnecessary, in which case this section shall not apply. Such registrars shall inform the administrator and the town clerk of the electors' town of voting residence of their refusal.
(c) Except as provided in subsection (e) of this section, such request shall be made in writing and filed with the town clerk and registrars of voters of the town of such electors' voting residence, not more than forty-five days prior to an election or thirty-four days prior to a primary and not later than the seventh day prior to an election or primary. The request shall specify the name and location of the institution and the date and time when the registrars of voters or their designees shall supervise the casting of absentee ballots at the institution. The request shall also specify one or more alternate dates and times when supervised voting may occur. No request shall specify a date or an alternate date for supervised voting which is later than the last business day before the election or primary.
(d) The town clerk shall not mail or otherwise deliver an absentee ballot to an applicant who is a patient in any institution if a request for supervision of absentee balloting at that institution has been filed with the clerk during the period set forth in subsection (c) of this section. The clerk shall instead deliver such ballot or ballots to the registrars of voters or their designees who will supervise the voting of such ballots in accordance with this section.
(e) Except in the case of a written refusal as provided in subsection (b) of this section, upon receipt of a request for supervision of absentee balloting during the period set forth in subsection (c) of this section, the registrar or registrars of voters who received the request shall inform the registrar or administrator who made the request and the town clerk as to the date and time when such supervision shall occur, which shall be the date and time contained in the request or the alternate date and time contained in the request. If the registrar or registrars fail to select either date, the supervision shall take place on the date and time contained in the request. If a request for supervision of absentee balloting at an institution is filed during the period set forth in subsection (c) of this section and the town clerk receives an application for an absentee ballot from a patient in the institution after the date when supervised balloting occurred, either registrar of voters may request, in writing, to the appropriate town clerk and registrars of voters that the supervision of the voting of absentee ballots at such institution in accordance with this section be repeated, and in such case the registrars or their designees shall supervise absentee balloting at such institution on the date and at the time specified in the subsequent request, which shall be not later than the last business day before the election or primary.
(f) On the date when the supervision of absentee balloting at any institution is to occur, the town clerk shall deliver to the registrars or their designees the absentee ballots and envelopes for all applicants who are electors of such clerk's town and patients at such institution. The ballot and envelopes shall be prepared for delivery to the applicant as provided in sections 9-137 to 9-140a, inclusive. The registrars or their designees shall furnish the town clerk a written receipt for such ballots.
(g) The registrars or their designees, as the case may be, shall jointly deliver the ballots to the respective applicants at the institution and shall jointly supervise the voting of such ballots. The ballots shall be returned to the registrars or their designees by the electors in the envelopes provided and in accordance with the provisions of sections 9-137, 9-139 and 9-140a. If any elector asks for assistance in voting his ballot, two registrars or their designees of different political parties or, for a primary, their designees of different candidates, shall render such assistance as they deem necessary and appropriate to enable such elector to vote his ballot. The registrars or their designees may reject a ballot when (1) the elector declines to vote a ballot, or (2) the registrars or their designees are unable to determine how the elector who has requested their assistance desires to vote the ballot. When the registrars or their designees reject a ballot, they shall mark the serially-numbered outer envelope “rejected” and note the reasons for rejection. Nothing in this section shall limit the right of an elector to vote his ballot in secret.
(h) After all ballots have been voted or marked “rejected” in accordance with subsection (g) of this section, the registrars or their designees shall jointly deliver or mail them in the envelopes, which shall be sealed, to the appropriate town clerk, who shall retain them until delivered in accordance with section 9-140c.
(i) When an institution is located in a town having a primary, the registrar in that town of the party holding the primary shall appoint for each such institution, one designee of the party-endorsed candidates and one designee of the contestants from the lists, if any, submitted by the party-endorsed candidates and contestants. Such registrar shall notify all party-endorsed candidates and all contestants of their right to submit a list of potential designees under this section. Each party-endorsed candidate and each contestant may submit to such registrar in writing a list of names of potential designees, provided any such list shall be submitted not later than ten days before the primary. If no such lists are submitted within said period, such registrar shall appoint one designee of the party-endorsed candidates and one designee of the contestants. Each designee appointed pursuant to this section shall be sworn to the faithful performance of his duties, and the registrar shall file a certificate of each designation with his town clerk.
(j) Any registrar of voters who has filed a request that the absentee balloting at an institution be supervised and any registrar required to conduct a supervision of voting under this section, who neglects to perform any of the duties required of him by this section so as to cause any elector to lose his vote shall be guilty of a class A misdemeanor. Any registrar from the same town as a registrar who has filed such a request may waive his right to participate in the supervision of absentee balloting.
(k) Notwithstanding any provision of this section, if the spouse or a child of a registrar of voters or a dependent relative residing in the registrar's household is a candidate in the election or primary for which supervised absentee voting is to occur, such registrar shall not supervise such absentee voting but may designate the deputy registrar of voters or an assistant registrar of voters, appointed by the registrar pursuant to section 9-192, to supervise the absentee voting in his place.
(l) Notwithstanding any provision of the general statutes, the Secretary of the State may suspend the supervision of absentee balloting under this section and section 9-159r, provided the Secretary (1) suspends such supervision of absentee balloting in recognition of a declaration by the Governor of a civil preparedness emergency, pursuant to section 28-9, or a public health emergency, pursuant to section 19-131a, and (2) submits a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to elections advising of such suspension and specifying alternative actions to be taken to provide opportunities for absentee voting by electors described in this section and section 9-159r.
(P.A. 81-424, S. 3; P.A. 82-426, S. 1, 14; P.A. 84-319, S. 16, 49; P.A. 85-577, S. 6; P.A. 86-179, S. 41, 53; P.A. 87-532, S. 7, 10; P.A. 90-1, S. 1, 5; P.A. 91-128, S. 1; P.A. 93-230, S. 6; P.A. 95-177, S. 2, 7; P.A. 97-112, S. 2; P.A. 05-235, S. 4; June Sp. Sess. P.A. 21-2, S. 108; P.A. 23-22, S. 21.)
History: P.A. 82-426 amended section to clarify that supervision is to be performed by registrars in the town of the voter's voting residence, to allow registrars to refuse an administrator's request for supervision if the institution is in another town and to change the definition of “institution” by adding veterans health care facilities, state supported institutions and hospitals and deleting reference to hospitals for tuberculous, mentally ill or mentally retarded persons; P.A. 84-319 amended section to provide uniformity in procedures for marking absentee ballot envelopes, substituting “rejected” for “not voted” designation in Subsecs. (f) and (g); P.A. 85-577 amended Subsec. (b) to require filing not later than the seventh day prior to an election or primary, replacing previous filing deadlines of 31 days before election and 20 days before primary; P.A. 86-179 made technical changes; Sec. 9-146a transferred to Sec. 9-159n in 1987; P.A. 87-532 amended Subsec. (a) to make section applicable only to institutions in which less than twenty of the patients are electors; Sec. 9-159n transferred to Sec. 9-159q in 1989; P.A. 90-1 added provision in Subsec. (f) re right to vote ballot in secret; P.A. 91-128 amended Subsecs. (b) and (d) to require supervised voting to be held not later than last business day before election or primary; P.A. 93-230 added Subsec. (j) re disqualification of registrar when immediate family member is a candidate; P.A. 95-177 moved definition of institution to new Subsec. (a) and added definition of “designee”, relettered Subsecs. (a) to (j) as (b) to (k), amended relettered Subsec. (g) by adding “as the case may be”, provision re designees of different candidates, deleting provisions re elector “unable to vote”, adding provision re registrars or designees unable to determine how elector desires to vote, and replaced provision allowing any elector of registrar's town other than an employee of institution to serve as designee with new Subsec. (i) re party-endorsed candidate designees and contestant designees at primaries, effective January 1, 1996; P.A. 97-112 replaced “home for the aged” with “residential care home”; P.A. 05-235 amended Subsec. (a)(1) to include an assisted living facility in definition of “institution” and added Subsec. (l) re supervised absentee voting by applicants from same street address, at discretion of registrars, effective July 1, 2005, and applicable to elections, primaries and referenda held on or after September 1, 2005; June Sp. Sess. P.A. 21-2 amended Subsec. (l) to replace provisions re absentee ballot applications from same street address in a town with provisions re Secretary of the State's authority to suspend supervision of absentee balloting for civil preparedness and public health emergencies and made technical changes, effective June 23, 2021; P.A. 23-22 amended Subsec. l(1) to change “19a-131” to “19a-131a”.
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Sec. 9-159r. Mandatory supervised absentee voting at institutions. Procedure. (a) Notwithstanding any provision of the general statutes to the contrary, if twenty or more of the patients in any institution in the state are electors, absentee ballots voted by such electors shall be voted under the supervision of the registrars of voters or their designees of the town in which the institution is located, in accordance with the provisions of this section. As used in this section, “institution” has the same meaning as provided in section 9-159q.
(b) Application for an absentee ballot for any such patient shall be made to the clerk of the town in which such patient is eligible to vote. The application procedure set forth in section 9-140 shall apply, except that the clerk shall deliver the absentee voting set for any such application to the clerk of the town in which the institution is located, who shall deliver all such voting sets he receives to the registrars of such town, on the date when the supervision of absentee balloting is to occur. The ballots and envelopes shall be prepared for delivery to the applicant as provided in sections 9-137 to 9-140a, inclusive. The registrars or their designees shall furnish the town clerk a written receipt for such ballots. The registrars of the town in which an institution is located and the administrator of the institution shall mutually agree on a date and time for such supervision of absentee balloting, which shall be not later than the last business day before the election or primary.
(c) The supervision of absentee balloting under this section shall be carried out in accordance with the provisions of subsections (g), (h), (i) and (k) of section 9-159q.
(P.A. 87-532, S. 8, 10; P.A. 91-128, S. 2; P.A. 93-230, S. 7; P.A. 95-177, S. 3, 7; July Sp. Sess. P.A. 20-3, S. 8; June Sp. Sess. P.A. 21-2, S. 136; P.A. 23-22, S. 22.)
History: P.A. 91-128 amended Subsec. (b) to require supervised voting to be held not later than last business day before election or primary; P.A. 93-230 amended Subsec. (c) to add reference to Sec. 9-159q(j); P.A. 95-177 amended Subsec. (c) by deleting reference to Sec. 9-159q(f) and (j) and adding reference to 9-159q(i) and (k), effective January 1, 1996; July Sp. Sess. P.A. 20-3 made a technical change in Subsec. (a) and added Subsec. (d) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (d) to add provision re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 deleted former Subsec. (d) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021.
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