CHAPTER 147
VOTING METHODS

PART I
VOTING MACHINES

      Sec. 9-238. Voting machines required. Notification of purchase or discontinuance of use. (a) Except as provided in sections 9-271 and 9-272, voting machines shall be used at all elections held in any municipality, or in any part thereof, for voting and registering and counting votes cast at such elections for officers, and upon all questions or amendments submitted at such elections. The board of selectmen of each town, the common council of each city and the warden and burgesses of each borough shall purchase or lease, or otherwise provide, for use at elections in each such municipality a number of voting machines approved by the Secretary of the State sufficient to provide a voting machine for each nine hundred or fraction of nine hundred electors whose names are on the last-completed registry list of such municipality and, in municipalities divided into voting districts, a number of such voting machines sufficient to provide for each voting district a voting machine for each nine hundred or fraction of nine hundred electors whose names are on the last-completed registry list for such voting district. In determining such number of electors, such officials shall not count the names on such registry lists of seventy-five per cent of the electors who reside in institutions, as defined in section 9-159q. In addition, such officials in each municipality having less than five thousand electors as ascertained by the report filed with the Secretary of the State under section 9-238a shall, except as hereinafter provided, provide for all elections in such municipality at least one additional voting machine, and such officials in each municipality having between five thousand and twenty-five thousand electors shall provide at least two additional voting machines therefor; and such officials in each municipality having between twenty-five thousand and fifty thousand electors shall provide at least three additional voting machines therefor, and such officials in each municipality of fifty thousand or more such electors shall provide at least four additional voting machines therefor. In any municipality having less than five thousand electors, in lieu of such additional voting machine, the foregoing officials may provide at least one thousand absentee ballots or a number equal to the number of names on the last-completed registry list in such municipality, whichever is smaller, for use as emergency paper ballots under section 9-263; provided in any such municipality which is divided into political subdivisions and in which the absentee ballots are not uniform throughout the municipality, such officials shall provide at least one thousand copies of such absentee ballots for each such political subdivision in which ballot labels differ, or a number equal to the number of names on the last-completed registry list in such political subdivision, whichever is smaller. Different voting machines may be provided for different voting districts in the same municipality. Notwithstanding any provision of this subsection to the contrary, the registrars of voters of a municipality may determine the number of voting machines that shall be provided for use at any special election in such municipality, provided the registrars shall provide at least one voting machine in the municipality or, in a municipality divided into voting districts, at least one voting machine in each such district.
      (b) Upon the purchase or lease of a voting machine for use in any municipality, the officials of such municipality purchasing or leasing the same shall forthwith send notification in writing to the Secretary of the State of the name or make of such machine, the name of the person who manufactured the same, the name of the person from whom it was purchased or leased, the date on which it was purchased or leased and its serial number. After October 1, 1970, no voting machine manufactured prior to January 1, 1927, shall be used at any election in this state and no voting machine manufactured after said date shall be used in an election, which voting machine, in the opinion of the Secretary of the State, does not conform to the requirements of law or is unsuitable for use in such election. When in any municipality the use of a voting machine at elections is discontinued because of its age or condition or because it is sold, or for any other reason, such officials shall send written notification to said secretary of the discontinuance of such machine, of the time of and reason for such discontinuance and of the information required in connection with notification of original purchasing or leasing.

      (1949 Rev., S. 1192, 1193, 1194; 1951, S. 259b; 1953, 1955, S. 715d; 1957, P.A. 561, S. 1; 1969, P.A. 32; 355, S. 1; P.A. 80-339, S. 1; P.A. 91-7; 91-351, S. 26, 28; P.A. 94-203, S. 3, 12.)

      History: 1969 acts provided for discontinuance of use of old voting machines and provided for additional voting machines according to number of electors and in municipalities having less than five thousand electors in lieu of additional machine officials may provide sample voting machine ballot labels, effective with respect to all elections held on or after January 1, 1970; P.A. 80-339 substituted "absentee ballots" for "sample voting machine ballot labels" and "emergency paper" for "unofficial" ballots where appearing; P.A. 91-7 divided section into Subsecs. and added provision in Subsec. (a) allowing registrars to determine number of voting machines for special elections; P.A. 91-351 changed effective date of P.A. 91-7 from October 1, 1991, to July 1, 1991; P.A. 94-203 amended Subsec. (a) to require registrars to exclude seventy-five per cent of names of electors residing in institutions when calculating required number of voting machines, effective July 1, 1994.

      See Sec. 9-35c re exclusion of names on inactive registry list from computation for determining required number of voting machines.

      Sec. 9-238a. Report to secretary of number of electors and voting machines. During the first week of February in each year, the town clerk of each town shall notify the Secretary of the State, on a form provided by said secretary, of the total number of names on the active registry list and on each enrollment list and the total number of unaffiliated electors, in such town, and of the total number of voting machines therein and, in towns divided into voting districts, in addition, the same information for each voting district. If the number of machines listed in such notification is less than the number required under section 9-238, the town clerk shall include in such notification an explanation of the discrepancy. Each such clerk shall also file a duplicate copy of such notification with the officials who are required to provide voting machines in his municipality under section 9-238.

      (1961, P.A. 47; P.A. 87-509, S. 9, 24; P.A. 97-154, S. 23, 27.)

      History: P.A. 87-509 required town clerk to include in notification the total number of names on each enrollment list and total number of unaffiliated electors in the town; P.A. 97-154 required total number of names reported to Secretary of the State to be on "active" registry list, effective July 1, 1997.

      Sec. 9-239. Payment for voting machines. The fiscal authority in each municipality shall authorize payment of the bill incurred for the purchase or lease or other method of acquisition of an adequate number of voting machines incurred by the officials responsible for providing the same under the provisions of section 9-238.

      (1955, S. 716d; 1957, P.A. 561, S. 2.)

      Sec. 9-240. Provision of voting machines and booths. The board of selectmen in each town, unless otherwise provided by law, shall provide or may authorize the registrars to provide a suitable room or rooms and voting machine booths for holding all elections. The interior of the booths shall be secure from outside observation. Said board shall provide for each polling place, in accordance with the requirements of section 9-238, one or more voting machines in complete working order, and shall preserve and keep them in repair and have the custody of the voting machines, and the care and custody of the furniture and equipment of the polling place, when not in use at an election.

      (1949 Rev., S. 1054, 1195; 1953, S. 717d; 1957, P.A. 561, S. 3; 1967, P.A. 119, S. 3.)

      History: 1967 act deleted provision for public notice of location of rooms and voting machine booths.

      Irregularities in arranging polling place held not to invalidate election. 75 C. 53.

      Sec. 9-240a. Periodic examination of voting machines. Not more than two hundred ten days nor less than thirty days prior to each regular election for state officers, each voting machine to be used in the next succeeding regular election, including additional machines required under section 9-238, shall be examined by the company which manufactured the same or its successor or, with the approval of the Secretary of the State, by persons skilled in the mechanics and operation of said machines, for the purpose of determining that such machine is in sound operable condition for use in such election. Arrangements for such examination shall be made by the officials responsible for providing voting machines under section 9-238. The company or person making such examination shall file a report with respect to each machine with the Secretary of the State and with said officials, indicating whether or not such machine is in sound operable condition. When, as a result of any such examination, a machine is found not to be in sound operable condition, said officials shall have such machine repaired, or shall provide a voting machine in sound operable condition to replace the machine found inoperable. The cost for such examination in each town shall be paid by such town. Failure to cause the examination of a voting machine, as herein required, shall not, of itself, prevent the use of such machine in any election.

      (1967, P.A. 229, S. 1; 1969, P.A. 355, S. 2; P.A. 87-382, S. 21, 55.)

      History: 1969 act deleted obsolete language and required examination of additional machines required under Sec. 9-238; P.A. 87-382 required examination of machines "not more than two hundred ten days nor less than thirty days" before election rather than "during the period from seven months to one month" before election.

      Sec. 9-241. Examination and approval of machines by secretary. Subsequent alteration made by voting machine companies. Use of hole-punch voting machines prohibited. Regulations. Any person owning or holding an interest in any voting machine, as defined in subsection (w) of section 9-1, may apply to the Secretary of the State to examine such machine and report on its accuracy and efficiency. The Secretary of the State shall examine the machine and determine whether, in the Secretary's opinion, the kind of machine so examined (1) meets the requirements of section 9-242, (2) can be used at elections, primaries and referenda held pursuant to this title, and (3) in the case of an electronic voting machine examined by the Secretary after the Voting Technology Standards Board submits the report required under section 9-242c, complies with the standards adopted by said board under section 9-242c. If the Secretary of the State determines that the machine can be so used, such machine may be adopted for such use. No machine not so approved shall be so used. Each application shall be accompanied by a fee of one hundred dollars and the Secretary of the State shall not approve any machine until such fee and the expenses incurred by the Secretary in making the examination have been paid by the person making such application. Any voting machine company that has had its voting machine approved and that subsequently alters such machine in any way shall provide the Secretary of the State with notice of such alterations, including a description thereof and a statement of the purpose of such alterations. If any such alterations appear to materially affect the accuracy, appearance or efficiency of the machine, or modify the machine so that it can no longer be used at elections, primaries or referenda held pursuant to this title, at the discretion of the Secretary of the State, the company shall submit such alterations for inspection and approval, at its own expense, before such altered machines may be used. The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, concerning examination and approval of voting machines under this section. No voting machine that records votes by means of holes punched in designated voting response locations may be approved or used at any election, primary or referendum held pursuant to this title.

      (1949 Rev., S. 1190; 1953, S. 718d; P.A. 73-304; P.A. 84-319, S. 33, 49; P.A. 93-384, S. 7, 28; P.A. 03-7, S. 2; P.A. 05-235, S. 14.)

      History: P.A. 73-304 provided for notice to secretary of the state by any voting machine company of alterations to already approved machines under certain conditions; P.A. 84-319 amended section to reflect changes made in sections 9-241a and 9-242; P.A. 93-384 authorized the secretary of the state to adopt regulations re examination and approval of machines, effective June 29, 1993; P.A. 03-7 prohibited use of voting machines that record votes by means of holes punched in designated locations and made technical changes, effective April 29, 2003; P.A. 05-235 inserted Subdiv. (1) and (2) designators, added Subdiv. (3) re compliance of electronic voting machines with standards adopted by Voting Technology Standards Board and made technical changes.

      Sec. 9-242. Voting machine and direct recording electronic voting machine construction requirements. (a) A voting machine approved by the Secretary of the State shall be so constructed as to provide facilities for voting for the candidates of at least nine different parties or organizations. It shall permit voting in absolute secrecy. It shall be provided with a lock by means of which any illegal movement of the voting or registering mechanism is absolutely prevented. Such machine shall be so constructed that an elector cannot vote for a candidate or on a proposition for whom or on which he is not lawfully entitled to vote.

      (b) It shall be so constructed as to prevent an elector from voting for more than one person for the same office, except when he is lawfully entitled to vote for more than one person for that office, and it shall afford him an opportunity to vote for only as many persons for that office as he is by law entitled to vote for, at the same time preventing his voting for the same person twice. It shall be so constructed that all votes cast will be registered or recorded by the machine.

      (c) Notwithstanding the provisions of subsection (b) of this section, the Secretary of the State may approve a voting machine which requires the elector in the polls to place his ballot into the recording device and which meets the voluntary performance and test standards for voting systems adopted by (1) the Federal Election Commission on January 25, 1990, as amended from time to time, or (2) the Election Assistance Commission pursuant to the Help America Vote Act of 2002, P.L. 107-252, 42 USC 15481-85, as amended from time to time, whichever standards are most current at the time of the Secretary of the State's approval, and regulations which the Secretary of the State may adopt in accordance with the provisions of chapter 54, provided the voting machine shall (A) warn the elector of overvotes, (B) not record overvotes, and (C) not record more than one vote of an elector for the same person for an office.

      (d) Any direct recording electronic voting machine approved by the Secretary of the State for an election or primary held on or after July 1, 2005, shall be so constructed as to:

      (1) (A) Contemporaneously produce an individual, permanent, paper record containing all of the elector's selections of ballot preferences for candidates and questions or proposals, if any, prior to the elector's casting a ballot, as set forth in this subsection, and (B) produce at any time after the close of the polls a voting machine generated, individual, permanent, paper record of each such elector's selections of ballot preferences for candidates and questions or proposals, if any. Both the contemporaneously produced paper record and the voting machine generated paper record of each elector's selections of ballot preferences shall include a voting machine generated unique identifier that can be matched against each other and which preserves the secrecy of the elector's ballot as set forth in subdivision (4) of this subsection;

      (2) Provide each elector with an opportunity to verify that the contemporaneously produced, individual, permanent, paper record accurately conforms to such elector's selection of ballot preferences, as reflected on the electronic summary screen, and to hear, if desired, an audio description of such electronic summary screen, for the purpose of having an opportunity to make any corrections or changes prior to casting the ballot. If an elector makes corrections or changes prior to casting the ballot, the voting machine shall void such contemporaneously produced paper record, contemporaneously produce another paper record containing such corrections or changes and provide the elector with another opportunity to verify ballot preferences in accordance with the provisions of this subdivision. As used in this section, "electronic summary screen" means a screen generated by a direct recording electronic voting machine that displays a summary of an elector's selections of ballot preferences for candidates and questions or proposals, if any, at an election or primary;

      (3) Provide that a ballot shall be deemed cast on the voting machine at the time that an elector's contemporaneously produced, individual, permanent, voter-verified paper record, containing all of the elector's final selections of ballot preferences, is (A) deposited inside a receptacle designed to store all such paper records produced by such voting machine on the day of the election or primary, and (B) the elector's selection of ballot preferences is simultaneously electronically recorded inside the voting machine for the purpose of (i) being electronically tabulated immediately after the polls are closed on the day of the election or primary, and (ii) producing, on such other day as required under section 9-242b, a voting machine generated, individual, permanent, paper record of each such elector's selections of ballot preferences for candidates and questions or proposals, if any;

      (4) Except as otherwise provided in subdivision (1) of section 9-242b, secure the secrecy of each such elector's ballot by making it impossible for any other individual to identify the elector in relationship to such elector's selection of ballot preferences at the time that the elector (A) selects ballot preferences; (B) verifies the accuracy of the electronic summary screen by comparing it to the contemporaneously produced, individual, permanent, paper record or the audio description of such electronic summary screen, prior to casting a ballot; (C) makes corrections or changes by reselecting ballot preferences and verifies the accuracy of such preferences in accordance with the provisions of subdivision (2) of this subsection prior to casting a ballot; and (D) casts the ballot; and at the time that all electors' ballots are canvassed, recanvassed or otherwise tallied to produce a final count of the vote for candidates and questions or proposals, if any, whether through the electronic vote tabulation process or through the manual count process of each elector's contemporaneously produced, individual, permanent, voter-verified paper record, as set forth in section 9-242b; and

      (5) (A) Be accessible to blind or visually impaired persons by providing each elector, if desired by the elector, an audio description of the contemporaneously produced individual, permanent, paper record containing all of the elector's selections of ballot preferences, in addition to an audio description of the electronic summary screen and comply with such additional standards of accessibility included in regulations that the Secretary of the State may adopt in accordance with the provisions of chapter 54.

      (B) Notwithstanding the provisions of subparagraph (A) of this subdivision, on or before June 30, 2007, the Secretary of the State may approve an electronic voting machine that does not comply with the provisions of said subparagraph if (i) the Secretary determines that there are no electronic voting machines available for purchase or lease at the time of such approval that are capable of complying with said subparagraph (A), (ii) the electronic voting machine complies with the provisions of subdivisions (1) to (4), inclusive, of this subsection, and (iii) the person applying to the Secretary for approval of the electronic voting machine agrees to include a provision in any contract for the sale or lease of such voting machines that requires such person, upon notification by the Secretary that modifications to such machines that would bring the machines into compliance said subparagraph (A) are available, to (I) so modify any electronic voting machines previously sold or leased under such contract in order to comply with said subparagraph (A), and (II) provide that any electronic voting machines sold or leased after receipt of such notice comply with said subparagraph (A). No voting machine approved under this subparagraph shall be used on or after July 1, 2007, unless it has been modified to comply with the provisions of subparagraph (A) of this subdivision.

      (1949 Rev., S. 1191; 1953, S. 719d; 1957, P.A. 561, S. 4; 1967, P.A. 893; P.A. 84-319, S. 35, 49; P.A. 87-382, S. 22, 55; P.A. 93-384, S. 17; P.A. 05-188, S. 7; 05-235, S. 29.)

      History: 1967 act provided that voting machines be so constructed that an elector, at his option, may vote for an individual either after operating the straight ticket device or without first operating such device, deleted provision for machines to have bells connected with straight ticket device so as to ring when such device is operated and deleted provision concerning capability of adjustment for use in primaries to permit voting for individuals without first operating a straight ticket device; P.A. 84-319 required approved machines to provide facilities for voting for at least nine parties' candidates, rather than seven, and eliminated requirement that curtain levers have bell attached; P.A. 87-382 repealed provisions re straight ticket device; P.A. 93-384 divided existing section into Subsecs., moved requirement that voting machine be provided with a lock from Subsec. (b) to Subsec. (a) and added Subsec. (c) re approval of machine which requires elector to place ballot into recording device; P.A. 05-188 amended Subsec. (c) by adding new Subdiv. (2) re compliance with standards adopted by the Election Assistance Commission pursuant to the Help America Vote Act and making conforming and technical changes, and added Subsec. (d) re construction requirements for direct recording electronic voting machines, effective July 1, 2005; P.A. 05-235 amended Subsec. (d)(5)(A) by adding requirement that direct recording electronic voting machines comply with standards of accessibility included in regulations that Secretary of the State may adopt, and amended Subsec. (d)(5)(B) by applying existing provisions "on or before June 30, 2007," and prohibiting a voting machine approved under Subsec. (d)(5)(B) from being used on or after July 1, 2007, unless modified to comply with Subsec. (d)(5)(A), effective July 8, 2005.

      Sec. 9-242a. Regulations concerning use of voting machines. Notwithstanding any provision of the general statutes to the contrary, in the event that the Secretary of the State approves for use, in the manner provided by section 9-241, a kind of voting machine not so approved on January 1, 1985, said secretary shall adopt such regulations as may be necessary for the use of such machine, including but not limited to regulations for adjustment of such machine in preparation for voting, process of voting, canvass of votes cast, and certifications.

      (P.A. 84-319, S. 34, 49.)

      Sec. 9-242b. Procedures for use of direct recording electronic voting machines. The following procedures shall apply to any election or primary in which one or more direct recording electronic voting machines are used:

      (1) Any elector who requires assistance by reason of blindness, disability, or inability to read or write shall have the right to request assistance inside the voting booth by a person of the elector's choice in accordance with 42 USC 1973aa-6, as amended from time to time, or section 9-264.

      (2) A canvass of the votes shall take place inside the polling place immediately following the close of the polls on the day of the election or primary in accordance with the requirements of chapter 148. With respect to direct recording electronic voting machines, any such canvass shall be an electronic vote tabulation of all of the votes cast on each such voting machine for each candidate and question or proposal, and the moderator shall attach a printout of such electronic vote tabulation to the tally sheets. The moderator shall then add together all of the votes recorded on each voting machine in use at the polling place, whether or not such voting machines were direct recording electronic voting machines, to produce a cumulative count within the polling place of all candidates and any questions or proposals appearing on the ballot in the election or primary. Any member of the public shall have a right to be present in the polling place to observe the canvass of the votes beginning as soon as the polls are declared closed by the moderator and continuing throughout the canvass of the votes of each voting machine until the final canvass of all of the votes cast on all of the voting machines in use in the polling place are added together for each candidate and question or proposal and publicly announced and declared by the moderator.

      (3) If a recanvass of the votes is required pursuant to chapter 148, the recanvass officials shall, in addition to the other requirements of said chapter, conduct a manual tally of the individual, permanent, voter-verified, paper records contemporaneously produced by each direct recording electronic voting machine used within the geographical jurisdiction that is subject to such recanvass. The manual tally conducted for the recanvass shall be limited to the particular candidates and questions or proposals that are subject to recanvass. If the manual tabulation of such contemporaneously produced paper records does not reconcile with the electronic vote tabulation of a particular direct recording electronic voting machine or machines, such contemporaneously produced paper records shall be considered the true and correct record of each elector's vote on such electronic voting machine or machines and shall be used as the official record for purposes of declaring the official election results or for purposes of any subsequent recanvass, tally or election contest conducted pursuant to chapters 148 to 153, inclusive. If any of the contemporaneously produced individual, permanent, voter-verified paper records are found to have been damaged in such manner as they are unable to be manually tallied with respect to the ballot positions that are the subject of the recanvass, each such damaged record shall be matched against the voting machine generated, individual, permanent, paper record produced by the voting machine bearing the identical machine-generated unique identifier as the damaged record and, in such instance, shall be substituted as the official record for purposes of determining the final election results or for purposes of any subsequent recanvass, tally or election contest.

      (4) Notwithstanding the provisions of section 9-311, the Secretary of the State may order a discrepancy recanvass under said section of the returns of an election or a primary for a district office, a state office or the office of elector of President and Vice-President of the United States, if the Secretary has reason to believe that discrepancies may have occurred that could affect the outcome of the election or primary. Any such discrepancy recanvass may be conducted of the returns in any or all voting districts in (A) the district in which an election or primary is held, in the case of an election or primary for a district office, or (B) the state, in the case of an election or primary for a state office or the office of elector of President and Vice-President of the United States or a presidential preference primary, whichever is applicable. As used in this subdivision, "district office" and "state office" have the same meanings as provided in section 9-372.

      (5) Not later than five business days after each election in which a direct recording electronic voting machine is used, the registrars of voters or their designees, representing at least two political parties, shall conduct a manual audit of the votes recorded on at least (A) two direct recording electronic voting machines used in each assembly district, or (B) a number of direct recording electronic voting machines equal to fifty per cent of the number of voting districts in the municipality, whichever is less. Not later than five business days after a primary in which a direct recording electronic voting machine is used, the registrar of voters of the party holding the primary shall conduct such a manual audit by designating two or more individuals, one of whom may be the registrar, representing at least two candidates in the primary. The machines audited under this subdivision shall be selected in a random drawing that is announced in advance to the public and is open to the public. All direct recording electronic voting machines used within an assembly district shall have an equal chance of being selected for the audit. The Secretary of the State shall determine and publicly announce the method of conducting the random drawing, before the election. The manual audit shall consist of a manual tabulation of the contemporaneously produced, individual, permanent, voter-verified, paper records produced by each voting machine subject to the audit and a comparison of such count, with respect to all candidates and any questions or proposals appearing on the ballot, with the electronic vote tabulation reported for such voting machine on the day of the election or primary. Such audit shall not be required if a recanvass has been, or will be, conducted on the voting machine. Such manual audit shall be noticed in advance and be open to public observation. A reconciliation sheet, on a form prescribed by the Secretary of the State, that reports and compares the manual and electronic vote tabulations of each candidate and question or proposal on each such voting machine, along with any discrepancies, shall be prepared by the audit officials, signed and forthwith filed with the town clerk of the municipality and the Secretary of the State. If any contemporaneously produced, individual, permanent, voter-verified, paper record is found to have been damaged, the same procedures described in subdivision (3) of this section for substituting such record with the voting machine generated, individual, permanent, paper record produced by the voting machine bearing the identical machine generated unique identifier as the damaged record shall apply and be utilized by the audit officials to complete the reconciliation. The reconciliation sheet shall be open to public inspection and may be used as prima facie evidence of a discrepancy in any contest arising pursuant to chapter 149. If the audit officials are unable to reconcile the manual count with the electronic vote tabulation and discrepancies, the Secretary of the State shall conduct such further investigation of the voting machine malfunction as may be necessary for the purpose of reviewing whether or not to decertify the voting machine or machines and may order a recanvass in accordance with the provisions of subdivision (4) of this section.

      (6) The individual, permanent, voter-verified, paper records contemporaneously produced by any direct recording electronic voting machine in use at an election or primary held on or after July 1, 2005, shall be carefully preserved and returned in their designated receptacle in accordance with the requirements of section 9-266, 9-302 or 9-310, whichever is applicable, and may not be opened or destroyed, except during recanvass or manual audit as set forth in this section, for one hundred eighty days following an election or primary that does not include a federal office, pursuant to section 9-310, or for twenty-two months following an election or primary involving a federal office, pursuant to 42 USC 1974, as amended from time to time.

      (7) Nothing in this section shall preclude any candidate or elector from seeking additional remedies pursuant to chapter 149.

      (8) After an election or primary, any voting machine may be kept locked for a period longer than that prescribed by sections 9-266, 9-310 and 9-447, if such an extended period is ordered by either a court of competent jurisdiction or the State Elections Enforcement Commission. Either the court or said commission may order an audit of such voting machines to be conducted by such persons as the court or said commission may designate.

      (P.A. 05-188, S. 8; 05-235, S. 30.)

      History: P.A. 05-188 effective July 1, 2005; P.A. 05-235 amended Subdiv. (5) by inserting Subpara. (A) designator and adding Subpara. (B) re alternative determination of number of voting machines to be audited, effective July 8, 2005.

      Sec. 9-242c. Voting Technology Standards Board. (a) There is established the Voting Technology Standards Board. The board shall consist of:

      (1) The Secretary of the State, or the Secretary's designee;

      (2) The executive director of the State Elections Enforcement Commission, or the executive director's designee;

      (3) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to elections;

      (4) Two persons who are members of different political parties, appointed by the president of the Registrars of Voters Association of Connecticut;

      (5) Two persons who are members of different political parties, appointed by the president of the Connecticut Town Clerks Association, Inc.;

      (6) A member of the faculty or an employee of The University of Connecticut, having expertise in computer architecture, appointed by the Governor; and

      (7) One person representing a nonpartisan organization for governmental accountability, appointed by the Governor.

      (b) All appointments to the Voting Technology Standards Board shall be made not later than thirty days after July 8, 2005. Any vacancy shall be filled by the appointing authority. The board shall elect a chairperson and a vice-chairperson from among its members.

      (c) The Voting Technology Standards Board shall adopt standards for electronic voting technology that will ensure the integrity of the state's voting systems. Said standards shall address: (1) Accuracy; (2) protecting voter anonymity; (3) maintaining secret ballots, except where a voter requests assistance; (4) preventing a voter from voting more than once on any ballot question and from casting more votes for any office than there are persons to be elected to such office; (5) the equivalent of write-in votes; (6) reliable backup power sources so that a system is not subject to power failures; (7) handicapped accessibility; (8) simple ballot layout that will not be confusing to voters; (9) ease of navigation of multiple-screen ballots; (10) enabling voters to check and correct votes; (11) creating voter-verified paper trails; (12) adequate security precautions if individual voting systems are to be networked or if voting results will be communicated via the Internet; (13) the need for encryption; (14) adequate protection from computer viruses; and (15) any other standards necessary to protect the integrity of the voting systems.

      (d) Not later than January 16, 2006, the Voting Technology Standards Board shall submit a report containing the standards for electronic voting technology adopted under subsection (c) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to elections, the Governor and the Secretary of the State, in accordance with the provisions of section 11-4a. The board shall terminate on the date that it submits such standards.

      (P.A. 05-235, S. 13.)

      History: P.A. 05-235 effective July 8, 2005.

      Sec. 9-243. Mechanics. Instruction and certification by the Secretary of the State. Prior to an election, the registrars of voters shall appoint a suitable mechanic or mechanics who shall, under their direction, prepare, adjust and place the voting machines for use at the election, including additional machines required under section 9-238. Prior to a primary, the registrar, as defined in section 9-372, shall appoint a suitable mechanic or mechanics who shall perform such duties in connection with the primary under the direction of the registrar. Such mechanic or mechanics shall be sworn to perform their duties honestly and faithfully and, for such purpose, shall be considered as election officials and shall be paid for the time spent in the discharge of their duties in the same manner as election officials are paid. Such mechanic or mechanics shall not be required to be an elector of any town. Such mechanic or mechanics shall be allowed such assistance as is necessary by such registrars. Any person appointed to be a mechanic shall attend an instructional session conducted by the Secretary of the State. The secretary may employ assistants on a temporary basis for the purpose of conducting such session. Such assistants shall not be subject to the provisions of chapter 67. Upon completion of such instructional session, the secretary shall certify that each such mechanic is authorized to serve at any election or primary. Such certification shall be effective for four years from the date of such certification.

      (1949 Rev., S. 1197; 1953, S. 720d; 1957, P.A. 561, S. 5; 1959, P.A. 487, S. 1; 1969, P.A. 355, S. 3; P.A. 80-215, S. 5; P.A. 81-467, S. 4, 8; P.A. 82-426, S. 6, 14; 82-472, S. 27, 183; P.A. 87-472, S. 12; P.A. 94-203, S. 7, 12.)

      History: 1959 act placed appointment of mechanics with registrars rather than selectmen, wardens and mayors; 1969 act added references to additional machines required under Sec. 9-238; P.A. 80-215 provided that mechanics shall not be required to be an elector of any town; P.A. 81-467 required persons appointed as voting machine mechanics to attend instructional sessions conducted by the secretary of the state; P.A. 82-426 extended provisions of section to mechanics for primaries and deleted requirement that mechanics' appointments be made at least three months before election; P.A. 82-472 made a technical correction; P.A. 87-472 added provisions re five-year certifications for qualifying mechanics; P.A. 94-203 made all certifications effective for four years, effective July 1, 1994.

      See Sec. 9-249 re instruction of election officials in use of voting machine.

      Sec. 9-244. Inspection by party watchers, party chairpersons, candidates and officials. (a) Such registrars of voters shall give written notice to the chairpersons of the town committees of the political parties of the day and place a mechanic or mechanics will begin the preparation, test voting and sealing of the machines for the election, including any additional machines required under section 9-238. Such notice shall be given at least one day before the work on the preparation of such machines begins.

      (b) Each such chairperson and any candidate for an office appearing on the ballot may be present, or may designate a watcher who may be present, during the preparation of such machines, but such chairpersons, candidates and watchers shall not interfere with, or assist in, the preparation of the machines.

      (c) After the mechanic or mechanics have prepared the machines, (1) the registrars of voters, or their designees, who shall not include any such mechanics, and (2) all mechanics who prepared such machines shall be present together when the machines are tested and sealed for use in the election. The chairpersons of the town committees of the political parties and any candidate for an office appearing on the ballot may also be present, or may designate a watcher who may be present, during the testing and sealing, but such chairpersons, candidates and watchers shall not interfere with the testing or sealing. All such persons who are present for the testing and sealing of the machines, except the mechanics, shall file a written report, as provided in section 9-245, certifying (A) to the numbers of the machines, (B) as to whether all the candidate and question counters are set at zero (000), (C) as to the numbers registered on the protective counters, if provided, and the numbers on the seals, (D) that the ballot labels are properly placed on the machines, and (E) that the machines have been test-voted and found to be working properly.

      (1949 Rev., S. 1197; 1953, S. 721d; 1957, P.A. 561, S. 6; 1959, P.A. 487, S. 2; 1969, P.A. 355, S. 4; 694, S. 10; P.A. 88-48, S. 1, 5; P.A. 98-67, S. 7, 10.)

      History: 1959 act provided for registrars, rather than selectmen, wardens and mayors, to give notice to town committee chairmen; 1969 acts provided for the chairman rather than the committee to designate a watcher and added reference to additional machines; P.A. 88-48 allowed party chairman to be present for preparation of machines and any candidate to either be present or to designate a watcher and required any chairmen and candidates who are present to file report; P.A. 98-67 divided section into Subsecs., reordered provisions, amended Subsec. (a) to include test voting and sealing in notice, amended Subsec. (b) to prohibit chairpersons, candidates and watchers from assisting in preparation of machines and amended Subsec. (c) by adding provisions concerning testing and sealing of machines, requiring report to be filed by persons present for testing and sealing the machines instead of by persons present for preparation of the machines, and adding to the items to be certified in written report, effective July 1, 1998.

      Sec. 9-245. Filing of reports. The reports of the mechanics, provided for under section 9-246, and the report provided for under subsection (c) of section 9-244, shall be filed with the municipal clerk and shall be kept by the municipal clerk for at least sixty days after the election for which the machines were so prepared.

      (1949 Rev., S. 1197; 1953, S. 722d; 1957, P.A. 561, S. 7; P.A. 87-382, S. 23, 55; P.A. 88-48, S. 2, 5; P.A. 98-67, S. 8, 10.)

      History: P.A. 87-382 substituted "sixty days" for "two months"; P.A. 88-48 added party chairmen and candidates to report requirements; P.A. 98-67 made technical changes, effective July 1, 1998.

      Sec. 9-246. Duties of mechanics. Repairs made on election day. Required reports. (a) The mechanic or mechanics shall file a written report of the condition of each machine certifying that (1) they have prepared the machines, (2) all the counters are set at zero (000), (3) all the ballot labels are properly placed thereon, (4) the grouping mechanism has been properly adjusted according to the ballot labels and (5) each machine is otherwise in readiness for the election. This report shall include the number of each machine and a statement of any defects or features of the machine that need attention or correction. The mechanic or mechanics shall also place upon each of the machines a numbered metal seal, secured in such a way that, before any movement of the registering or voting mechanism can be effected, such seal will be destroyed or broken. All voting machines shall be transferred to the polling places in charge of an elector authorized by the registrars of voters under whose direction the voting machines are to be prepared, as provided in section 9-240a; and such elector shall certify to their delivery in good order. Additional machines required under section 9-238 shall be so located by the registrars of voters as to be available for immediate transfer to the polling places within the municipality. The mechanic or mechanics shall have custody of the keys of the voting machines only when they are at work on such machines, and immediately thereafter such keys shall be returned to the municipal clerk. The return of such keys shall, in each case, be made before the day of election.

      (b) The mechanic or mechanics shall file a written report detailing any repairs made to a machine on the day of an election. This report shall certify (1) the number of the machine, (2) the time when the problem occurred, (3) a summary description of the work performed, and (4) that no repairs were made to the machine, after any vote was cast on the day of an election, that would affect the manner in which votes were recorded on the machine.

      (1949 Rev., S. 1197; 1953, S. 723d; 1957, P.A. 561, S. 8; 1959, P.A. 487, S. 3; 1969, P.A. 355, S. 5; P.A. 83-475, S. 19, 43; P.A. 04-113, S. 6.)

      History: 1959 act provided for registrars rather than selectmen, wardens and mayors to appoint the elector in charge of transferring the voting machines to the polling places; 1969 act provided that additional machines be located so as to be available for immediate transfer, effective with respect to all elections held on or after January 1, 1970; P.A. 83-475 added Subsec. (b) requiring report re election day repairs; P.A. 04-113 amended Subsec. (b) by adding Subdiv. (4) re certification that no repairs were made to machine that would affect recording of votes, effective May 21, 2004.

      Sec. 9-247. Preparation of machines. The registrars of voters shall, before the day of the election, cause the mechanic or mechanics to insert on each machine the ballot labels corresponding with the sample diagrams provided and to put each such machine in order in every way and set and adjust the same so that it shall be ready for use in voting when delivered at the polling place. Such registrars shall cause the machine so labeled, in order and set and adjusted, to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, at the room where the election is to be held, not later than six o'clock in the afternoon of the day preceding the election. Each voting machine shall be furnished with light sufficient to enable electors while voting to read the ballot labels and suitable for use by the election officials in examining the counters. A pencil shall also be provided, within each voting machine, for use in casting a write-in ballot.

      (1949 Rev., S. 1203; 1953, S. 724d; 1957, P.A. 561, S. 9; 1969, P.A. 694, S. 11; P.A. 80-281, S. 13, 31.)

      History: 1969 act deleted "the official or officials ..." and substituted "registrars of voters" as having cognizance of preparation of machines; P.A. 80-281 required that each voting machine contain a pencil for write-in use.

      Sec. 9-247a. Candidates and immediate family members prohibited from transporting, preparing, repairing or maintaining voting machines. Exceptions. No candidate, as defined in section 9-601, or member of the immediate family, as defined in section 1-79, of a candidate shall transport, prepare, repair or maintain a voting machine. No provision of this section shall prohibit (1) a member of the immediate family of a candidate from serving as a moderator or (2) a candidate for the office of registrar of voters or a member of the immediate family of such a candidate from serving as a voting machine mechanic.

      (P.A. 93-384, S. 15; P.A. 94-203, S. 2, 12.)

      History: P.A. 94-203 added Subdiv. (2) allowing candidate for registrar or immediate family member of such a candidate to serve as voting machine mechanic and made a technical change, effective July 1, 1994.

      Sec. 9-248. Furnishing of supplies. When a voting machine is purchased or leased or otherwise provided for use in any municipality, the Secretary of the State shall prepare or approve samples of the following printed matter and supplies and shall furnish one of each to the officials of such municipality who have so provided such machine in accordance with the provisions of section 9-238: (1) Directions for testing and preparing the voting machines for the election; (2) one certificate on which the mechanic can certify that he has properly tested and prepared the machine for the election; (3) one certificate on which some person other than the mechanic who prepared the machine can certify that the machine has been examined and found to have been properly prepared for the election; (4) one certificate on which can be certified that party watchers have witnessed the testing and preparing of the machines; (5) one certificate that the machines have been delivered to polling places in good order; (6) one card for each polling place, stating the penalty for tampering with or injuring a voting machine; (7) two seals for sealing the machine; (8) one envelope in which the keys to the machine can be sealed and delivered to the election officials, such envelope to have printed or written thereon the designation and location of the voting district in which the machine is to be used, the number of the machine, the number shown on the protective counter thereof after the machine has been prepared for the election and the number or other designation on such seal as the machine is sealed with, such envelope to have attached to it a detachable receipt for the delivery of the keys to the voting machine to the election officials; (9) one envelope in which the keys to the voting machine can be returned by the election officials after the election; (10) one card stating the name and telephone number and address of the mechanic on the day of the election; and (11) a report of an inspection of the machines by the moderator, registrars and checkers, which inspection shall be made before the opening of the polls. The municipal clerk shall, for each election, prepare and furnish said supplies for each voting machine, in conformity with said samples. The municipal clerk shall also prepare and furnish to the election officials tally and return blanks containing the names of all candidates for office on the official ballots, in such manner as may be directed by the Secretary of the State, except that all blanks furnished by said secretary throughout the state shall be uniform in their printing.

      (1949 Rev., S. 1197, 1202; 1953, S. 725d; 1957, P.A. 561, S. 10.)

      Sec. 9-249. Instruction of election officials. (a) Before each election, the registrars of voters, certified moderator and certified mechanic shall instruct the election officials. Any provision of the general statutes or of any special act to the contrary notwithstanding, election officials shall be appointed at least twenty days before the election except as provided in section 9-229. The registrars, certified moderator and certified mechanic shall instruct each election official who is to serve in a voting district in which a voting machine is to be used in the use of the machine and his duties in connection therewith, and for the purpose of giving such instruction, such instructors shall call such meeting or meetings of the election officials as are necessary. Such instructors shall, without delay, file a report in the office of the municipal clerk and with the Secretary of the State, (1) stating that they have instructed the election officials named in the report and the time and place where such instruction was given, and (2) containing a signed statement from each such election official acknowledging that the official has received such instruction.

      (b) The election officials of such voting districts shall attend the elections training program developed under subdivision (1) of subsection (c) of section 9-192a and any other meeting or meetings as are called for the purpose of receiving such instructions concerning their duties as are necessary for the proper conduct of the election.

      (c) Each election official who qualifies for and serves in the election shall be paid not less than one dollar for the time spent in receiving such instruction, in the same manner and at the same time as the official is paid for the official's services on election day.

      (d) No election official shall serve in any election unless the official has received such instruction and is fully qualified to perform the official's duties in connection with the election, but this shall not prevent the appointment of an election official to fill a vacancy in an emergency.

      (1949 Rev., S. 1202; 1953, S. 726d; 1957, P.A. 561, S. 11; 1959, P.A. 551; 1963, P.A. 318, S. 3; P.A. 77-245, S. 6; P.A. 81-467, S. 5, 8; P.A. 05-235, S. 21; P.A. 06-137, S. 8.)

      History: 1959 act placed responsibility for instructing election officials in municipal clerk, registrars, and mechanic rather than in board of selectmen; 1963 act eliminated the requirement of giving a certificate to qualified election officials and provided for filing a report re the instructions in the town clerk's office; P.A. 77-245 changed "town clerk" to "municipal clerk"; P.A. 81-467 added reference to "certified" moderators and mechanics and required that election officials be appointed at least twenty, rather than ten, days before election except as provided in Sec. 9-229; P.A. 05-235 divided section into subsecs. (a) to (d), amended Subsec. (a) to require instructors to file report with Secretary of the State and to require that report contain signed statements from election officials acknowledging receipt of instruction, amended Subsec. (b) to require election officials to attend training program developed under Sec. 9-192a(c)(1), made technical changes in Subsec. (c) and amended Subsec. (d) by substituting "unless the official" for "at which a voting machine is used unless he" and making technical changes, effective July 1, 2005; P.A. 06-137 amended Subsec. (a) to eliminate requirement that the municipal clerk instruct election officials, effective June 6, 2006.

      Sec. 9-249a. Order of parties on the ballot label. (a) The names of the parties shall be arranged on the machines in the following order:

      (1) The party whose candidate for Governor polled the highest number of votes in the last-preceding election;

      (2) Other parties who had candidates for Governor in the last-preceding election, in descending order, according to the number of votes polled for each such candidate;

      (3) Minor parties who had no candidate for Governor in the last-preceding election;

      (4) Petitioning candidates with party designation whose names are contained in petitions approved pursuant to section 9-453o, and

      (5) Petitioning candidates with no party designation whose names are contained in petitions approved pursuant to section 9-453o.

      (b) Within each of subdivisions (3) and (4) of subsection (a) of this section, the following rules shall apply in the following order:

      (1) Precedence shall be given to the party any of whose candidates seeks an office representing more people than are represented by any office sought by any candidate of any other party;

      (2) A party having prior sequence of office as set forth in section 9-251 shall be given precedence, and

      (3) Parties shall be listed in alphabetical order.

      (c) Within subdivision (5) of subsection (a) of this section, candidates shall be listed according to the provisions of section 9-453r.

      (P.A. 76-159, S. 1; P.A. 87-382, S. 24, 55.)

      History: P.A. 87-382 repealed Subdiv. (3) of Subsec. (a) re major parties who had no candidate for governor in the last-preceding election, and renumbered the remaining Subdivs. accordingly.

      Sec. 9-249b. Arrangement of ballot labels when more than nine party designations and petitioning candidate rows. (a) If, after applying the provisions of sections 9-249a and 9-453r, the number of party designations and petitioning candidate rows on the ballot exceeds nine, the Secretary of the State may authorize (1) two or more party designations and petitioning candidates to appear on the same row of the voting machines, beginning with the ninth row on the voting machines and, if necessary, then moving up one or more rows, (2) that an office take two or more columns on the voting machines and (3) that the party designation, or an abbreviation of it, be repeated on the ballot.

      (b) Notwithstanding any provision of section 9-135a to the contrary, the secretary may prescribe that the provisions of subsection (a) of this section shall not apply to the absentee ballot.

      (May Sp. Sess. P.A. 92-1, S. 3, 7.)

      Sec. 9-250. Form of ballot labels. Ballot labels shall be printed in black ink, in plain clear type, and on clear white material of such size as will fit the machine, and shall be furnished by the municipal clerk. The size and style of the type used to print the name of a political party on a ballot label shall be identical with the size and style of the type used to print the names of all other political parties appearing on such ballot label. The name of each major party candidate for a municipal office, as defined in section 9-372, except for the municipal offices of state senator and state representative, shall appear on the ballot label as it appears on the registry list of the candidate's town of voting residence, except as provided in section 9-42a. The name of each major party candidate for a state or district office, as defined in section 9-372, or for the municipal office of state senator or state representative shall appear on the ballot as it appears on the certificate or statement of consent filed under section 9-388, subsection (b) of section 9-391, or section 9-400 or 9-409. The name of each minor party candidate shall appear on the ballot label as it appears on the registry list in accordance with the provisions of section 9-452. The name of each nominating petition candidate shall appear on the ballot as it is verified by the town clerk on the application filed under section 9-453b. The size and style of the type used to print the name of a candidate on a ballot label shall be identical with the size and style of the type used to print the names of all other candidates appearing on such ballot label. Such ballot labels shall contain the names of the offices and the names of the candidates arranged thereon. Three complete sets of such ballot labels printed on cardboard shall be furnished by the municipal clerk for each machine to be used in the election. The names of the political parties and party designations shall be arranged on the machines, either in columns or horizontal rows as set forth in section 9-249a, immediately adjacent to the column or row occupied by the candidate or candidates of such political party or organization. When two or more candidates are to be elected to the same office, the ballot label shall be printed in such manner as to indicate that the elector may vote for any two or such other number as he is entitled to vote for, provided in the case of a town adopting the provisions of section 9-204a, such ballot label shall indicate the maximum number of candidates who may be elected to such office from any party. If two or more officers are to be elected to the same office for different terms, the term for which each is nominated shall be printed on the official ballot as a part of the title of the office. If, at any election, one candidate is to be elected for a full term and another to fill a vacancy, the official ballot containing the names of the candidates in the foregoing order shall, as a part of the title of the office, designate the term which such candidates are severally nominated to fill. No column, under the name of any political party or independent organization, shall be printed on any official ballot, which contains more candidates for any office than the number for which an elector may vote for that office. The voting machine pointer over each position where no candidate's name appears shall be locked so that no vote can be cast for such position.

      (1949 Rev., S. 1039, 1042, 1063, 1199; 1953, S. 727d; 1957, P.A. 561, S. 12; P.A. 76-159, S. 2; P.A. 82-247, S. 8; P.A. 83-475, S. 20, 43; P.A. 87-382, S. 25, 55.)

      History: P.A. 76-159 deleted provision for secretary of the state to determine positions of political parties on the ballot, referring instead to new Sec. 9-249a and added provision that under certain circumstances the ballot label shall indicate the maximum number of candidates who may be elected to such office from any party; P.A. 82-247 added requirement that voting machine pointer over position where no candidates name appears be locked; P.A. 83-475 added requirement that candidate's name appear on ballot in same form as on voter registry list except as provided in Sec. 9-42a; P.A. 87-382 required names of certain candidates to appear on ballot label as they appear on certificate or statement of consent, clarified procedure for determining how names of other candidates appear on ballot label and required names of political parties and party designations to be immediately adjacent to column or row occupied by candidate or candidates of such political party or organization.

      Sec. 9-250a. Blank space where party fails to nominate. When a political party has failed to nominate a candidate for any office for which it is entitled to make such nomination, the space on the ballot label in which the name of the party's candidate would appear shall be left blank.

      (1963, P.A. 198.)

      Sec. 9-251. Order of office on ballot labels. In the preparation of ballot labels for use at a state election precedence shall be given to the offices to be voted for at such election in the following descending order: Presidential electors, Governor and Lieutenant Governor, United States senator, representative in Congress, state senator, state representative, Secretary of the State, Treasurer, Comptroller, Attorney General and judge of probate. In the preparation of ballot labels for use at a municipal election, unless otherwise provided by law, the order of the offices shall be as prescribed by the Secretary of the State, which order, so far as practicable, shall be uniform throughout the state.

      (1953, 1955, S. 728d; 1963, P.A. 401, S. 2; April, 1964, P.A. 2, S. 3; 1971, P.A. 576; P.A. 73-577; P.A. 74-109, S. 5, 11; P.A. 00-99, S. 28, 154.)

      History: 1963 act provided for pairing of governor and lieutenant governor on ballot label; 1964 act deleted representative-at-large; 1971 act changed order of precedence so that state senator and state representative follow representative in congress in that order; P.A. 73-577 changed order of precedence so that secretary of the state, treasurer, comptroller and attorney general follow state representative in that order; P.A. 74-109 deleted justices of the peace, effective upon adoption of Senate Joint Resolution No. 22 of the 1973 session as an amendment to the constitution of Connecticut; P.A. 00-99 deleted reference to sheriff, effective December 1, 2000.

      Sec. 9-252. Transferred to Chapter 146, Part II, Sec. 9-183b.

      Sec. 9-253. Order of names of party nominees for multiple-opening office determined by lot. Order when candidate nominated by more than one party. When a major or minor party is entitled to nominate two or more candidates for a particular office, the order of the names of its candidates for such office appearing on the voting machine ballot label shall be determined by the registrars of voters by lot in a ceremony which shall be open to the public, except as hereinafter provided. When such a candidate is nominated for the same office by more than one party, his name shall appear on each appropriate row on the voting machine ballot label in the same column in which it appears under the foregoing provision in either (1) the party row of the party with which he is enrolled or (2) the first party row on which his name is to appear if such candidate is an unaffiliated elector. The registrars of voters shall provide at least five days' public notice for each ceremony held under this section. The ballot order of nominating petition candidates for multiple-opening offices shall be as prescribed in section 9-453r.

      (1955, S. 730d; 1957, P.A. 221, S. 1; P.A. 84-319, S. 36, 49; P.A. 87-197, S. 1, 3.)

      History: P.A. 84-319 amended section to provide uniformity in statutes re order of unaffiliated electors or petitioning party candidates on ballot and order of major and minor party candidates; P.A. 87-197 required order of names on ballot label to be determined by lot instead of appearing in alphabetical order and added provision requiring that five days' notice be given before ceremony held.

      Sec. 9-254. List of offices to be filled. Each municipal clerk shall, not later than the one hundred eightieth day prior to the day of any regular election, file with the Secretary of the State, on a form approved by said secretary, a list of the offices to be filled at such election and the terms thereof and the number of candidates for which each elector may vote. Said secretary shall, within seventy days from the date of receipt of such list, return a copy of such list to the municipal clerk. Each municipal clerk shall, within ten days after the receipt of the returned list, mail a copy thereof to the chairman of the town committee of each major political party within the municipality.

      (1949 Rev., S. 1136; 1953, S. 630d; 1957, P.A. 479, S. 1; February, 1965, P.A. 137; P.A. 87-382, S. 26, 55.)

      History: 1965 act provided that secretary of the state within seventy days of receipt of the list return a copy to the municipal clerk who, within ten days after receipt of same will mail a copy to the chairman of the town committee of each major party; P.A. 87-382 substituted "one hundred eightieth day" for "six months".

      Sec. 9-255. Sample ballot labels. The board of selectmen or the municipal clerk shall provide for all polling places using voting machines at least three sample ballot labels which shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballot labels are arranged for voting on election day or that portion thereof which will contain the offices, party designations, names of candidates, write-in slots and questions to be voted upon. On each such sample ballot label shall be printed instructions as to the use of the voting machine, which instructions shall be approved by the Secretary of the State. Such sample ballot labels shall be so posted inside the polling place as to be visible to those within the polling place during the whole day of election. At least one of such sample ballot labels shall be so posted as to be visible to an elector being instructed on the demonstrator or spare voting machine under section 9-260.

      (1949 Rev., S. 1198; 1953, 1955, S. 732d; 1957, P.A. 561, S. 14; P.A. 77-245, S. 7; P.A. 87-382, S. 27, 55.)

      History: P.A. 77-245 changed "town" to "municipal" clerk; P.A. 87-382 substituted "demonstrator or spare voting" for "dummy" voting machine.

      Sec. 9-256. Filing of sample ballot label with secretary. The clerk of each municipality shall, not less than ten days prior to an election, file with the Secretary of the State a sample ballot label identical with those to be provided for each polling place under section 9-255. The Secretary of the State shall examine the sample ballot label required to be filed under this section, and if such sample ballot label contains an error, the Secretary of the State shall order the municipal clerk to reprint a corrected sample ballot label or to take other such action as the secretary may deem appropriate.

      (1949 Rev., S. 1200; 1953, 1955, S. 731d; 1957, P.A. 561, S. 13; P.A. 77-303, S. 2, 3.)

      History: P.A. 77-303 provided for action to be taken by secretary of the state if sample ballot label contains an error.

      Sec. 9-257. Location of machine and stationing of officials. The room in which the election is held shall have a railing separating the part of the room to be occupied by the election officials and the machine from the part of the room adjacent to the entrance thereof. A guard rail may be provided separating the machine from the election officials and the machine shall be placed, if possible, at least three feet from any wall or partition or guard rail of the polling place and at least four feet from the checkers' table. The exterior of the voting machine and every part of the polling place shall be in plain view of the election officials. The machine shall be so placed that no person outside the voting machine booth from any part of the room or from any place outside the room can see or determine how the elector casts his vote and shall be so placed, as far as possible, as to be in view of the officials and the electors within the polling place from the beginning of the election. The election officials shall be so stationed that no member thereof shall be concealed by the machine from the electors within the polling place. The moderator or some one designated by him shall be stationed near the machine, shall regulate the admission of the electors thereto and shall always be in full view of the other election officials and the electors within the polling place.

      (1949 Rev., S. 1204, 1207; 1953, S. 733d; 1957, P.A. 561, S. 15.)

      Sec. 9-258. Election officials; additional lines of electors. The election officials of each polling place, except voting machine mechanics, shall be electors of the town and shall consist of one moderator, two checkers, two registrars of voters or two assistant registrars of voters, as the case may be, of opposite political parties, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, and at least one and not more than two voting machine tenders for each voting machine in use at the polling place. A known candidate for any office shall not serve as an election official on election day or serve at the polls in any capacity, except that a municipal clerk or a registrar of voters, who is a candidate for the same office, may perform his official duties. If, in the opinion of the municipal officials, the public convenience of the electors in any voting district so requires, provision shall be made for an additional line or lines of electors at the polling place and, if more than one line of electors is established, two additional checkers for each line of electors shall be appointed and, if more than one machine is used in a polling place, at least one and not more than two additional voting machine tenders shall be appointed for each additional machine so used. Head moderators, central counting moderators, absentee ballot counters and voting machine mechanics appointed pursuant to law shall also be deemed election officials. No election official shall perform services for any party or candidate on election day.

      (1949 Rev., S. 1058, 1203; 1953, 1955, S. 734d; 1959, P.A. 28, S. 47; 47; P.A. 74-109, S. 7, 11; P.A. 75-488, S. 2, 3; P.A. 76-24; P.A. 77-245, S. 8; P.A. 80-215, S. 6; P.A. 83-391, S. 17, 24; P.A. 84-546, S. 20, 173; P.A. 88-91.)

      History: 1959 acts substituted registrars or assistant registrars of voters for deputy registrars and removed reference to trial justice court which was abolished; P.A. 74-109 removed the exception for office of justice of the peace from prohibition against candidates serving as election officials effective upon adoption of Senate Joint Resolution No. 22 of the 1973 session as an amendment to the constitution of Connecticut; P.A. 75-488 added "and party checkers" to "additional officers" to be appointed if more than one line of electors is established; P.A. 76-24 changed "party checkers" to "unofficial checkers"; P.A. 77-245 changed "town" to "municipal" clerk; P.A. 80-215 added qualification that election officials be electors of the town; P.A. 83-391 amended section to provide that voting machine mechanics need not be electors of town and to permit use of less than two challengers and two voting machine tenders and added provision to clarify that head moderators, central counting moderators, absentee ballot counters and voting machine mechanics are election officials and to provide that election officials shall not perform services for any party or candidate on election day; P.A. 84-546 moved exception re voting machine mechanics; P.A. 88-91 prohibited a municipal clerk or a registrar of voters who is a candidate for a different office from serving as an election official on election day or serving at the polls in any capacity.

      To "take part in count" construed. What ballots to be rejected because of participation in count. 62 C. 482.

      Sec. 9-258a. Two shifts of election officials. Notwithstanding any provision of the general statutes, special acts or its charter, each municipality, by a majority vote of its legislative body, may establish, except for unofficial checkers and the moderator, two shifts of election officials for each polling place. In each polling place for which two or more shifts of election officials have been provided in this section or section 9-235, the moderator shall keep a written record of the specific hours and time served at the polls by each election official. In each such polling place, all members of both shifts who are required to sign returns, including checkers and assistant registrars, if any, of both shifts, shall be present at the closing of the polls and shall remain until all returns have been executed.

      (1969, P.A. 500, S. 1; P.A. 88-173, S. 3.)

      History: P.A. 88-173 excepted unofficial checkers from provision allowing legislative body to establish two shifts of election officials.

      Sec. 9-259. Duties of election officials before polls open; moderator's return certificates. (a) The moderator of the election in each municipality, voting district or ward shall appear at the office of the municipal clerk not later than eight o'clock p.m. of the day before the election and there receive from the municipal clerk the sample ballot labels, three complete sets of ballot labels and all checklists and other supplies necessary to conduct the election and make return thereof. The moderator shall receive a sealed envelope, and a receipt therefor, containing only the number two and number three election official keys for each voting machine. Each such envelope shall bear the number of the machine to which the keys belong. The number four election official key for each voting machine shall be available to the registrars for the use of the mechanics beginning at five fifteen a.m. on the day of the election. The supplies provided by the municipal clerk to the moderator shall include a number of paper ballots for the purposes of sections 9-263 and 9-264, which shall be equal to not less than one per cent of the number of electors who are eligible to vote in the voting district served by the moderator, or such other number as the municipal clerk and the registrars agree is sufficient to protect electors' voting rights.

      (b) On the morning of the election, the election officials shall meet at the room where the election is to be held at least forty-five minutes before the time for opening the polls. The moderator shall then cause the three sample ballot labels and instruction cards to be posted and everything put in readiness for the commencement of voting at the hour of opening the polls. The envelope containing the keys shall not be opened until at least one election official from each of two political parties is present at the polling place and has examined the envelope to see that it has not been opened. Before opening the envelope, all election officials present shall examine the number of the seal of the machine and the number registered on the protective counter, if one is provided, and shall see if they are the same as the numbers written on the envelope containing the keys. If the numbers are found not to agree, the envelope shall not be opened until the mechanic in charge of the machine, or the registrars or one of the registrars under whose direction the machine was prepared under section 9-243, has been notified and such mechanic, registrars or registrar has appeared at the polling place for the purpose of reexamining such machine and has certified that it is properly arranged. If the numbers on the seal and the protective counter, if one is provided, are found to agree with the numbers on the envelope, the election officials shall proceed to open the doors concealing the counters. The election officials, in the presence of the party watchers, shall compare the ballot labels on the machine with the sample ballot labels to see that they are correct, and, if the machine is not so labeled, set and adjusted and in order, they shall immediately label, set and adjust the same and place it in order, or cause it to be done, examine and see that all the counters in the machine are set at zero (000) and that the machine is otherwise in perfect order and make written report thereof as hereinbefore directed and they shall not thereafter permit the counters to be operated or moved except by electors in voting. If the machine is equipped with a device for printing totals of candidate and question counters, the doors concealing the counters shall not be opened. The election officials shall examine the printed record produced by the machine to see that each counter registers zero and shall allow watchers to examine the printed record. They shall also see that all necessary arrangements and adjustments are made for voting write-in ballots on the machine and that the machine and its attachments are properly set or adjusted so that the elector will be concealed while in the act of voting. There shall be printed directions for the guidance of the election officials before the polls are opened and when the polls are closed.

      (c) The moderator's return which the moderator receives from the municipal clerk for state elections shall be in a form prescribed by the Secretary of the State. There shall be printed on the moderators' returns a certificate, which shall be signed by the election officials before the polls are opened, showing the delivery of the keys in a sealed envelope; the number on the seal; the number registered on the protective counter, if one is provided; whether all of the counters are set at zero (000); whether the public counter is set at zero (000); whether the ballot labels are properly placed in the machine; also a certificate, which shall be filled out after the polls have been closed, that the machine has been locked against voting and sealed; the number of electors as shown on the public counter; the number on the seal; the number registered on the protective counter, if one is provided, and that the voting machine is closed and locked. The moderators' returns shall show the total number of votes cast for each office, the number of votes cast for each candidate, as shown on his counter, and the number of votes for persons not nominated, which shall be certified by the moderator, checkers and registrars, or assistant registrars, as the case may be. If any of the counters are not set at zero and the election officials are not able to set them at zero, the actual number registered or indicated on such counters shall be entered on such tally sheet, and, at the end of the election, that number shall be deducted from the number then shown on the counter to ascertain the true vote cast for the candidate to whom such counter belongs.

      (d) The mechanic's seal on the machine shall not be broken until the officials have assembled on the morning of the election. The officials shall examine the seal before breaking it.

      (1949 Rev., S. 1205; 1953, S. 735d; 1957, P.A. 561, S. 16; 1959, P.A. 487, S. 4; February, 1965, P.A. 195, S. 1; 408, S. 1; P.A. 75-123; P.A. 83-475, S. 21, 43; P.A. 98-67, S. 5, 10; P.A. 00-66, S. 23; 00-79, S. 1.)

      History: 1959 act required registrars rather than selectmen, wardens or mayors to be present when envelope is opened where the numbers on machine and on envelope with keys do not agree; 1965 acts changed from six to eight o'clock the afternoon before election the time before which moderator to appear at office of municipal clerk, added provision where machine is equipped with device for printing totals that the doors concealing the counters shall not be opened, required election officials to examine printed record to see that each counter registers zero and allowed watchers to examine the record; P.A. 75-123 provided that moderator's return be in form prescribed by secretary of the state; P.A. 83-475 provided for receipt of only the number two and three keys for machines; P.A. 98-67 added sentence re availability of number four election official key, effective July 1, 1998; P.A. 00-66 divided section into Subsecs.; P.A. 00-79 added provision requiring supplies provided by municipal clerk to moderator to include minimum number of paper ballots.

      See notes to Secs. 9-307 and 9-310.

      Sec. 9-260. Instruction by means of demonstrator or spare voting machine. A metal demonstrator machine or spare voting machine shall be provided inside the polling place for the instruction of electors. Any such spare voting machine shall not be used for voting and shall be provided in addition to any additional voting machines required pursuant to section 9-238. Any such demonstrator machine shall represent at least five office columns of the two upper rows on the voting machine. Such demonstrator or spare voting machine shall contain, in each space provided for the name of a party, the designation "name of party", in each space provided for the name of a candidate, the designation "name of candidate", in each space provided for the name of an office, the designation, "office", and in each space provided for a question, the designation, "Question-Statement of Question-Yes-No". A spare voting machine provided for the purposes of this section shall contain, in the upper left-hand corner, directly opposite the write-in slides, the designation "write-in slides". The party levers on such demonstrator or spare voting machine shall be covered. At a primary, each space provided for a question shall be left blank. Upon request by any elector who desires instruction after he has entered the polling place and prior to casting his vote, two election officials of different political parties jointly shall instruct such elector on the demonstrator or spare voting machine by causing such elector himself to operate the parts of such demonstrator or spare voting machine.

      (1949 Rev., S. 1208; 1953, S. 736d; 1957, P.A. 561, S. 17; P.A. 87-382, S. 28, 55.)

      History: P.A. 87-382 authorized the use of a spare voting machine in place of a demonstrator machine and changed the term "dummy machine" to "demonstrator machine".

      Sec. 9-261. Process of voting. (a) In each primary, election or referendum, when an elector has entered the polling place, the elector shall announce the elector's street address, if any, and the elector's name to the checkers in a tone sufficiently loud and clear as to enable all the election officials present to hear the same. Each elector who registered to vote by mail for the first time on or after January 1, 2003, and has a "mark" next to the elector's name on the official registry list, as required by section 9-23r, shall present to the checkers, before the elector votes, either a current and valid photo identification that shows the elector's name and address or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the elector. Each other elector shall (1) present to the checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (2) on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement that the elector is the elector whose name appears on the official checklist. Such form shall clearly state the penalty of false statement. A separate such form shall be used for each elector. If the elector presents a preprinted form of identification under subdivision (1) of this subsection, the checkers shall check the name of such elector on the official checklist. If the elector completes the form under subdivision (2) of this subsection, the assistant registrar of voters shall examine the information on such form and either instruct the checkers to check the name of such elector on the official checklist or notify the elector that the form is incomplete or inaccurate.

      (b) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote, pursuant to section 9-431, an unaffiliated elector shall also announce to the separate table of checkers for unaffiliated electors the party in whose primary he chooses to vote and the checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors, provided such choice shall not alter the elector's unaffiliated status.

      (c) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote or in which one party is holding a primary in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the checkers shall give to each elector checked a receipt provided by the municipal clerk, in a form prescribed by the Secretary of the State, specifying either (1) the party with which he is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary he has so chosen to vote, and whether he is authorized to vote for only a partial ballot.

      (d) If not challenged by any of the election officials, the elector shall be permitted to pass the railing to the side where the machine is located. The elector shall give any receipt he has received to a voting machine tender at the machine to which he is directed and the machine tender shall permit the elector to vote only in the primary of the party specified by the receipt and, if applicable, on the separate voting machine with the partial ballot specified by the receipt. The elector shall be permitted into the voting machine booth, and he shall then register his vote in secret. Having voted, he shall immediately exit the voting machine booth and leave the room. No elector shall remain within the voting machine booth longer than two minutes, and, if he refuses to leave such booth after the lapse of that time, he shall at once be removed by the election officials upon order of the moderator. Not more than one elector at a time shall be permitted to operate the machine or be within the enclosed space which the elector occupies while operating the machine provided an elector may be accompanied within such enclosed space by one or more children who are fifteen years of age or younger and supervised by the elector, if the elector is the parent or legal guardian of such children. At least two additional electors, whose next turn it is to vote shall be permitted in the polling place for the purpose of receiving instruction before voting on the machine. If any elector, after entering the voting machine booth, asks for further instruction concerning the manner of voting, two election officials of different political parties shall stand outside the voting machine booth and give such instructions or directions to the elector as the two officials agree upon; but no election official instructing or assisting an elector, except as provided in section 9-264, shall open, look inside or put his hand inside the curtain, or in any manner seek to influence any such elector in the casting of his vote.

      (1949 Rev., S. 1206, 1209; 1953, S. 737d; 1967, P.A. 647; P.A. 87-251, S. 2; 87-509, S. 10, 24; P.A. 93-300; P.A. 95-87, S. 1; P.A. 97-154, S. 18, 27; P.A. 99-276, S. 1, 15; June 30 Sp. Sess. P.A. 03-6, S. 101; P.A. 04-74, S. 3.)

      History: 1967 act changed from one to two minutes times allowed elector to remain in voting booth; P.A. 87-251 allowed children ten years of age or younger to accompany an elector within enclosed space occupied by elector while operating machine; P.A. 87-509 divided section in to Subdivs., in Subdiv. (1) substituted "checklist" for "registry list", added Subdivs. (2) and (3) re process of voting for unaffiliated electors when two or more parties hold primaries in which unaffiliated electors authorized to vote or (Subdiv. (3) only) one party holds primary in which unaffiliated electors authorized to vote for some but not all offices contested at primary and, in Subdiv. (4) added provisions re receipt; P.A. 93-300 added Subpara. (B) to Subdiv. (1), requiring elector to present identification or sign statement that he is elector whose name appears on checklist; P.A. 95-87 revised Subsec., Subdiv. and Subpara. indicators to conform with customary statutory usage and in Subsec. (a) replaced forms "provided" by Secretary of the State with "prescribed" forms; P.A. 97-154 amended Subsec. (d) to increase maximum age of children who may accompany an elector into enclosed space of voting machine booth, from ten years to fifteen years, and to add proviso that such elector be the parent or legal guardian of such children, effective July 1, 1997; P.A. 99-276 amended Subsec. (a) by applying provisions to each primary, election and referendum, effective January, 1, 2000; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) by renumbering subdivisions, requiring each elector who registered to vote by mail for first time on or after January 1, 2003, and has a mark next to the elector's name on registry list to present identifying information to checkers before voting, requiring elector signing statement to write elector's residential address and date of birth and print elector's name on form which states penalty of false statement, requiring separate form for each elector, requiring assistant registrar of voters to examine information on form and instruct checkers, and making technical changes for purposes of gender neutrality, effective January 1, 2004; P.A. 04-74 amended Subsec. (a) to replace reference to Sec. 9-23g(e) with reference to Sec. 9-23r, effective May 10, 2004.

      Cited. 135 C. 150.

      Sec. 9-261a. Preparation of polling place form of identification by committee prohibited. No committee, as defined in section 9-601, shall prepare any form of identification for the purpose of being presented to the checkers at the polling place pursuant to section 9-261.

      (P.A. 95-122, S. 2.)

      Sec. 9-262. Duties of election officials during voting hours. During the entire period of an election, at least one of the election officials, to be designated from time to time by the moderator, shall be stationed beside the entrance to the voting machine booth to regulate the admission of electors thereto, and shall see that it is properly closed after an elector has entered it to vote. He shall also, at such intervals as he deems proper or necessary, examine the face of the machine to ascertain whether it has been defaced or damaged and to detect the wrongdoer and repair the damage. After the opening of the polls, no election official shall allow any person other than the election officials to pass within the railing to the part of the room where the machine is situated, except for the purpose of voting or except as provided in this pa