You asked for a summary of the law governing the distribution of absentee ballot applications by candidates and volunteers before and after the passage of PA 05-235, An Act Concerning Absentee Voting, Elections Enforcement, a Voting Technology Standards Board, Nomination Procedures, Training For Election Officials, Campaign Finance Reporting, Restoration Of Voting Rights, and Voter Registration.

SUMMARY

The law (CGS § 9-140) allows anyone to pick up and distribute an absentee ballot application or ask a town clerk or registrar to mail one to any qualified prospective absentee voter. Prior to the passage of PA 05-235, there were only a few restrictions on the distribution of absentee ballot applications. Specifically, distributors were prohibited from (1) being paid to deliver applications, (2) being paid to help applicants complete the applications, and (3) under limited circumstances, distributing applications on Election or Primary Day or after the opening of the polls on the day of a referendum. PA 05-235 imposes additional restrictions and establishes greater accountability in the absentee voting process. By law, the State Elections Enforcement Commission (SEEC) can impose a penalty of up to $ 2,000 per offense against absentee ballot law violators.

The remainder of this report consists of a summary of the relevant provisions in PA 05-235, which became effective on July 1, 2005.

PA 05-235

Application Log

The act requires town clerks to keep a log of all absentee ballot applications they provide. The log must include the names and addresses of each recipient and the number of applications each received. The act requires applications the clerks issue to be consecutively numbered and stamped or marked with the issuing municipality’s name.

Duty of Application Distributors to Register

The act requires ballot application distributors to register with the town clerk before distributing five or more applications. The registration requirement does not apply to an applicant’s designee or to people distributing applications solely to dependent relatives living in their household or to their spouse, child, or parent (immediate family).

Distributors Required to File Name of Application Recipients

The act requires ballot application distributors to file with the town clerk a list of the names and addresses of all the people who receive an absentee ballot application before the primary, election, or referendum for which the ballot was distributed. Application distributors who receive completed and signed applications must file them with their town clerks immediately.

Prohibitions Against Mailing Unsolicited Applications

The act prohibits candidates, party and political committees, or their agents from mailing unsolicited absentee ballot applications unless the mailing includes (1) an explanation of the eligibility requirements for voting absentee and (2) a warning that voting or attempting to vote by absentee ballot illegally carries civil and criminal penalties.

Absentee Ballot Application Notice Requirement

The act requires the secretary of the state to conspicuously post a notice next to the absentee ballot available for downloading from her web site. The notice must state that a person may download the application for his own use or use by his immediate family or designee. In other words, campaign workers and volunteers cannot download applications for general distribution. The notice must also advise distributors of five or more applications to register with their town clerk.

The act requires the SEEC, in consultation with the secretary of the state, to prepare a summary of the absentee voting laws’ requirements and prohibitions, and place it on their websites. It requires candidates and political party chairs to provide the summary to campaign and party employees and volunteers.

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