CHAPTER 147
VOTING METHODS

Table of Contents

Sec. 9-238. Voting tabulators required. Notification of purchase or discontinuance of use.
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. Agreement with The University of Connecticut or Connecticut State University system.
Sec. 9-250. Form of ballots.
Sec. 9-257. Location of voting tabulator and stationing of officials.
Sec. 9-258. Election officials; additional lines of electors.
Sec. 9-258a. Two shifts of election officials.
Sec. 9-259. Duties of election officials before polls open; moderator's return certificates.
Sec. 9-261. Process of voting.
Sec. 9-262. Duties of election officials during voting hours.
Sec. 9-263. Use of paper ballots when voting machine damaged.
Sec. 9-265. Write-in votes.
Sec. 9-266. Keys to be kept. Storage of voting tabulator.
Sec. 9-272. Conditions under which use of voting tabulators may be discontinued.
Sec. 9-287. Ballot box lock.
Sec. 9-289. Registrars of voters to provide rooms or booths and ballot boxes.
Sec. 9-290. Ballot table. Process of voting.
Sec. 9-294. Deposit of ballots. Booth tenders.
Sec. 9-295. Improper markings of ballot.
Sec. 9-296. Box-tenders.
Sec. 9-304. Fraudulent abstracting or intermingling of votes.
Sec. 9-306. Penalties.

PART I
VOTING MACHINES AND TABULATORS

      Sec. 9-238. Voting tabulators 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 tabulators approved by the Secretary of the State. Different voting tabulators 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 tabulators that shall be provided for use at any special election in such municipality, provided the registrars shall provide at least one voting tabulator in the municipality or, in a municipality divided into voting districts, at least one voting tabulator in each such district.

      (b) Upon the purchase or lease of a voting tabulator 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 tabulator, the name of the person who manufactured the same, the name of the person from whom it was purchased or leased and the date on which it was purchased or leased. No voting tabulator shall be used in an election which, in the opinion of the Secretary of the State, does not conform to the requirements of law, is unsuitable for use in such election or does not comply with the voluntary performance and test standards for voting systems adopted by the Election Assistance Commission pursuant to the Help America Vote Act, P.L. 107-252, 43 USC 15481. When in any municipality the use of a voting tabulator 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 the Secretary of the discontinuance of such tabulator, 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; P.A. 07-194, S. 38.)

      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 5,000 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 75% of names of electors residing in institutions when calculating required number of voting machines, effective July 1, 1994; P.A. 07-194 replaced "voting machines" with "voting tabulators", deleted procedures re voting machines, required tabulators to comply with voluntary performance and test standards for voting systems adopted by the Election Assistance Commission and made technical changes.

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      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. Agreement with The University of Connecticut or Connecticut State University system. (a) 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.

      (b) The Secretary of the State may enter into an agreement with The University of Connecticut or a member of the Connecticut State University system to perform or assist in performing the following functions: (1) Any technical review, testing or research associated with the certification of voting equipment, (2) any technical review, testing or research associated with the decertification of voting equipment, (3) the development of standards for the use of voting equipment during any election, primary or referenda, (4) the development of standards to ensure the accuracy of voting equipment, (5) the development of standards and procedures for the security, set-up and storage of voting equipment, (6) the development of standards, procedures and oversight of post-election audits, (7) the development of standards for recanvass procedures to ensure the accuracy and reliability of any such recanvass, (8) the development of standards and procedures for the testing, security and use of an election management system, (9) the development of standards and procedures for the programming of ballots and voting equipment, (10) research and analysis of data formats for ballot programming and election-related electronic data, and (11) the development of any other standards necessary to protect the integrity of voting equipment.

      (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; P.A. 07-194, S. 7.)

      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 Secs. 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; P.A. 07-194 designated existing provisions as Subsec. (a) and added Subsec. (b) re agreement with The University of Connecticut or member of Connecticut State University system, effective July 5, 2007.

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      Sec. 9-250. Form of ballots. Ballots shall be printed in black ink, in plain clear type, and on clear white material of such size as will fit the tabulator, and shall be furnished by the registrar of voters. The size and style of the type used to print the name of a political party on a ballot 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. 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 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 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 shall be identical with the size and style of the type used to print the names of all other candidates appearing on such ballot. Such ballot shall contain the names of the offices and the names of the candidates arranged thereon. The names of the political parties and party designations shall be arranged on the ballots, 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 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 shall indicate the maximum number of candidates who may be elected to such office from any party. If two or more candidates 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.

      (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; P.A. 07-194, S. 19.)

      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; P.A. 07-194 changed "ballot label" to "ballot", deleted provision re locking of machine pointer over each position where no candidate's name appears and made conforming changes.

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      Sec. 9-257. Location of voting tabulator and stationing of officials. The room in which the election is held shall be separated from the part of the room to be occupied by the election officials and the voting tabulator shall be placed, if possible, at least three feet from any wall or partition and at least four feet from the official checkers' table and the ballot clerks' table. Every part of the polling place shall be in plain view of the election officials. The tabulator shall be so placed that no person from any part of the room or from any place outside the room can see or determine how the elector casts his or her vote. The election officials shall be so stationed that no member thereof shall be concealed by the tabulator from the electors within the polling place. The moderator or some one designated by the moderator shall be stationed near the tabulator, shall regulate the admission of the elector's ballots 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; P.A. 07-194, S. 20.)

      History: P.A. 07-194 changed "machine" to "tabulator" and made conforming and technical changes.

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      Sec. 9-258. Election officials; additional lines of electors. For municipalities with more than one voting district, the election officials of each polling place, including voting tabulator technicians, shall be electors of the state and shall consist of one moderator, at least one but not more than two official checkers, two assistant registrars of voters of opposite political parties, each of whom shall be residents of the town, 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 ballot clerks and at least one but not more than two voting tabulator tenders for each voting tabulator 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 or her official duties. If, in the opinion of the registrar of voters, 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, at least one but not more than two additional official checkers and at least one but not more than two ballot clerks for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional machine so used. Head moderators, central counting moderators, absentee ballot counters and voting tabulator technicians appointed pursuant to law shall also be deemed election officials. For municipalities with one voting district, the election officials of such polling place, except voting tabulator technicians, shall be electors of the town and shall consist of: One moderator, at least one, but not more than two official checkers, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, at least one and not more than two voting tabulator tenders for each voting tabulator in use at the polling place and at least one but not more than two ballot clerks. Additionally, such election officials may consist of two registrars of voters of opposite political parties, or two assistant registrars of voters of opposite political parties, as the case may be, subject to the requirements of sections 9-259 and 9-439, who shall: (1) Be available by telephone and notify all registrars of voters' offices in the state of such telephone number, (2) be connected to the state-wide computerized registry list, and (3) have all voter card files in the polling place for reference. 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 or her official duties. If, in the opinion of the registrar of voters, 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, at least one, but not more than two, additional official checkers for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional tabulator so used. Head moderators, central counting moderators, absentee ballot counters and voting tabulator technicians appointed pursuant to law shall be deemed to be election officials. No election official shall perform services for any party or candidate on election day nor appear at any political party headquarters prior to eight o'clock p.m. 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; P.A. 07-194, S. 21.)

      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; P.A. 07-194 established requirements for municipalities with more than one voting district and requirements for municipalities with one voting district, replaced "voting machine" with "voting tabulator" and made conforming changes.

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      Sec. 9-258a. Two shifts of election officials. Notwithstanding any provision of the general statutes, special acts or its charter, in each municipality the registrars of voters, or assistant registrar of voters, as the case may be 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 second shifts, including official checkers, assistant registrars and ballot clerks of second shifts, shall be present at the closing of the polls and shall remain until all paperwork has been executed.

      (1969, P.A. 500, S. 1; P.A. 88-173, S. 3; P.A. 07-194, S. 22.)

      History: P.A. 88-173 excepted unofficial checkers from provision allowing legislative body to establish two shifts of election officials; P.A. 07-194 provided registrars of voters or assistant registrars of voters with authority to establish two shifts of election officials and made technical changes.

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      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 registrar of voters not later than eight o'clock p.m. of the day before the election and there receive from the registrar of voters the sample ballot, all checklists and other supplies necessary to conduct the election that have not been delivered previously. The moderator shall receive keys for each voting tabulator to be used in the polling place and sign a receipt for such.

      (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 sample ballot and instructions to be posted and everything put in readiness for the commencement of voting at the hour of opening the polls. The moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, shall examine the numbers on the seals of the tabulator.

      (c) The moderator's return which the moderator receives from the registrars of voters for all elections shall be in a form prescribed by the Secretary of the State. The moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, before the polls are opened, shall indicate on the return: (1) The delivery of the tabulator; and (2) the numbers on the seals. Additionally, the moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, shall produce a zero tape indicating that the public counter is set at zero (000). The seal on the tabulator shall remain unbroken. If the seal is broken, the registrars of voters shall be notified immediately and the tabulator tape shall be produced. If the tape does not show all zeros, the registrars of voters shall be notified immediately and the tabulator shall not be used.

      (d) In addition to the requirements established in subsection (c) of this section, the return shall include a certificate, which shall be filled out after the polls have been closed and which indicates that the tabulator has been locked against voting and remains sealed and that also indicates the number of electors as shown on the public counter along with the number on all the seals. The moderators' returns shall show the total number of votes cast for each office, the number of votes cast for each candidate and the number of votes for persons not nominated, which shall be certified by the moderator and registrars of voters, or assistant registrars, as the case may be.

      (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; P.A. 07-194, S. 23.)

      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; P.A. 07-194 changed "municipal clerk" to "registrar of voters", divided existing Subsec. (c) into Subsecs. (c) and (d), amended procedures re voting machines to reflect use of voting tabulators, deleted former Subsec. (d) re mechanic's seal and made conforming and technical changes.

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      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 official 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 official 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 official 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 official 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 registrar of voters or the assistant registrar of voters, as the case may be, shall examine the information on such form and either instruct the official 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 the event that an elector is present at the polling place but is unable to gain access to the polling place due to a temporary incapacity, the elector may request that the ballot be brought to him or her. The registrars of voters or the assistant registrars of voters, as the case may be, shall take such ballot, along with a privacy sleeve to such elector. The elector shall show identification, in accordance with the provisions of this section. The elector shall forthwith mark the ballot in the presence of the election officials in such manner that the election officials shall not know how the ballot is marked. The elector shall place the ballot in the privacy sleeve. The election officials shall mark the elector's name on the official voter list as having voted and deliver such ballot and privacy sleeve to the voting tabulator where such ballot shall be placed into the tabulator, by the election official, for counting. The moderator shall record such activity in the moderator's diary.

      (c) 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 the official checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the official 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.

      (d) 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 official checkers shall give to each elector checked a receipt provided by the registrar of voters, 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.

      (e) If not challenged by anyone lawfully present in the polling place, the elector shall be permitted to pass to the separated area to receive the ballot. The elector shall give any receipt the elector has received to a ballot clerk who shall give the elector a ballot to vote only in the primary of the party specified by the receipt. The elector shall be permitted into the voting booth, and shall then register his or her vote in secret. Having voted, the elector shall immediately exit the voting booth and deposit the ballot in the voting tabulator and leave the room. No elector shall remain within the voting booth longer than the time necessary to complete the ballot, and, if the elector refuses to leave such booth after completing the ballot, the elector 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 be within the enclosed space which the elector occupies while the elector completes his or her ballot, 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 area for the purpose of receiving a ballot. If any elector, after entering the voting booth, asks for further instruction concerning the manner of voting, the election officials shall give such instructions or directions to the elector; but no election official instructing or assisting an elector, except as provided in section 9-264, shall look at the ballot in such a way as to see the elector's markings or in any manner seek to influence any such elector in the casting of the elector's 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; P.A. 07-194, S. 24.)

      History: 1967 act changed from one to two minutes times allowed elector to remain in voting booth; P.A. 87-251 allowed children 10 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 Subdiv. (1)(B), 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 10 years to 15 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; P.A. 07-194 added new Subsec. (b) re temporary incapacity, redesignated existing Subsecs. (b) to (d) as Subsecs. (c) to (e), replaced "checkers" with "official checkers" and "municipal clerk" with "registrar of voters", deleted provisions re voting machines and made conforming and technical changes.

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      Sec. 9-262. Duties of election officials during voting hours. During the entire period of an election, at least one of the election officials shall be stationed approximately three to four feet from the voting tabulator to regulate the submission of the elector's ballot. The election officials shall also, at such intervals as such officials deem proper or necessary, examine the voting booth 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 area where the voting booths and voting tabulator are situated, except for the purpose of voting or except as provided in this part. No election official shall remain or permit any person to remain in any position or near any position that would permit him to see or ascertain how an elector votes.

      (1949 Rev., S. 1206; 1953, S. 738d; P.A. 07-194, S. 25.)

      History: P.A. 07-194 replaced provisions re voting machine with provisions re voting tabulator and made conforming and technical changes.

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      Sec. 9-263. Use of paper ballots when voting machine damaged. Section 9-263 is repealed, effective October 1, 2007.

      (1949 Rev., S. 1206; 1953, S. 739d; 1957, P.A. 561, S. 18; 1959, P.A. 487, S. 5; P.A. 80-339, S. 2; P.A. 95-185, S. 2; P.A. 00-79, S. 2; P.A. 04-113, S. 7; P.A. 07-194, S. 47.)

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      Sec. 9-265. Write-in votes. (a) A write-in vote for an office, cast for a person who has registered as a write-in candidate for the office pursuant to subsection (b) of section 9-175 or section 9-373a, shall be counted and recorded. Except as otherwise provided in this section, a write-in vote cast for a person who has not registered shall not be counted or recorded.

      (b) Except as otherwise provided in this section, in the case of an office for which an elector may vote for only one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall be counted and recorded. In the case of an office for which an elector may vote for more than one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall not be counted or recorded.

      (c) A write-in vote for the office of Governor or Lieutenant Governor, cast for a person nominated for either of those offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.

      (d) Except as hereinafter provided, a write-in vote for the office of President or Vice-President cast for a person nominated for such office by a major or minor party or by nominating petition shall be counted and recorded and deemed to be a vote for each of the duly-nominated candidates for the office of presidential elector represented by such candidate for President or Vice-President. A write-in vote for the office of President or Vice-President, cast for a person nominated for either of such offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.

      (e) If the name of a person is written in for the office of Governor or Lieutenant Governor, or President or Vice-President, as the case may be, and no name is written in for the other office, such write-in vote shall be counted and recorded if it meets the other requirements of this section.

      (f) A write-in vote shall be cast in its appropriate place on the ballot. A write-in vote for Governor and Lieutenant Governor, or for President and Vice-President, as the case may be, shall be written in a single space, provided that if only one name is written in the space it shall be deemed to be a vote for Governor, or for President, as the case may be, unless otherwise indicated. A write-in vote shall be written upon the ballot.

      (g) A write-in vote which is not cast as provided in this section shall not be counted or recorded.

      (1949 Rev., S. 1211; March, 1950, S. 262b; 1953, S. 741d; 1957, P.A. 561, S. 19; 1963, P.A. 401, S. 3; 1969, P.A. 280; P.A. 77-82, S. 2; 77-245, S. 10; P.A. 81-350, S. 11, 17; P.A. 83-475, S. 22, 43; P.A. 87-589, S. 20, 87; P.A. 98-67, S. 2, 10; P.A. 07-194, S. 26.)

      History: 1963 act provided for pairing of governor and lieutenant governor; 1969 act prohibited writing-in of candidates name from two different parties where the names appear on the ballot label in casting votes for governor and lieutenant governor and provided that a write-in of one name which already appears on the ballot unaccompanied by a write-in for the other office bars the counting of the ballot; P.A. 77-82 included provision for candidates for office of presidential elector to be deemed to appear on ballot label and names of presidential and vice-presidential candidates appearing on ballot label shall be deemed to be candidates for the office under which designation their names appear, for the purposes of this section; P.A. 77-245 changed "town" to "municipal" clerk; P.A. 81-350 amended section to require labeling of write-in slides on voting machines; P.A. 83-475 deleted all of prior existing section and replaced with new Subsecs. (a) to (g), inclusive, permitting write-in votes cast by electors for candidates whose names appear on the ballot label to be counted for offices for which electors may only vote for one candidate, and setting forth procedure for casting write-in ballots; P.A. 87-589 made technical change in Subsec. (g); P.A. 98-67 added provision in Subsec. (f) re when registrars required to lock write-in slides, effective July 1, 1998; P.A. 07-194 changed "write-in ballot" to "write-in vote" and made conforming changes.

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      Sec. 9-266. Keys to be kept. Storage of voting tabulator. When the voting tabulator has been locked at the close of an election, the moderator shall return the keys for the tabulator to the registrars of voters with the official returns. Except as provided in section 9-311, such registrars of voters shall securely keep such keys and not permit the same to be taken, or any tabulator to be unlocked, for a period of fourteen days from the election, unless otherwise ordered by a court of competent jurisdiction, or by the State Elections Enforcement Commission. All tabulators shall be collected immediately on the day after election or as soon thereafter as possible, and shall be secured and stored in a place or places directed by the registrars of voters.

      (1949 Rev., S. 1203, 1215; 1953, S. 742d; 1957, P.A. 526, S. 6; 561, S. 20; P.A. 86-1, S. 2, 5; P.A. 95-88, S. 1; P.A. 07-194, S. 27.)

      History: P.A. 86-1 added reference to order issued by state elections enforcement commission; P.A. 95-88 changed number of days machine remains locked from 10 to 14; P.A. 07-194 changed "voting machine" to "voting tabulator" and made conforming and technical changes.

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PART II
PAPER BALLOTS

      Sec. 9-272. Conditions under which use of voting tabulators may be discontinued. If, owing to the number of candidates to be voted upon or owing to inability to obtain a sufficient number of voting tabulators, it is found impracticable to use voting tabulators at any election to be held in any municipality, or in one or more of the voting districts therein, the registrars of voters may discontinue the use of such tabulators for such election in any of the voting districts therein, and shall thereupon cause ballots to be procured and used at such election, as provided by this part, in each of the voting districts wherein the use of voting tabulators has been so discontinued.

      (1949 Rev., S. 1196; 1951, S. 260b; 1953, S. 748d; 1963, P.A. 210; P.A. 07-194, S. 40.)

      History: 1963 act authorized municipal clerk and registrars rather than board of selectmen, common council or, warden and burgesses to discontinue use of machines; P.A. 07-194 replaced "voting machines" with "voting tabulators" and made technical changes.

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      Sec. 9-287. Ballot box lock. Each ballot box used in any election shall be provided with a lock which shall be set and securely fastened in a mortise so as to be flush with the side or surface of such box and so arranged as to be locked and unlocked by means of a key. Such locks and keys shall be provided by the registrar of voters at the expense of the municipality.

      (1949 Rev., S. 1076, 1077; 1953, S. 763d, 764d; P.A. 07-194, S. 28.)

      History: P.A. 07-194 provided that registrar of voters, rather than selectmen of each town, shall provide locks and keys.

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      Sec. 9-289. Registrars of voters to provide rooms or booths and ballot boxes. The registrars of voters shall provide a suitable room or rooms or booths for holding all elections at which paper ballots are to be used and shall give public notice of the location thereof at least one week before the day of such elections. The number of rooms or booths shall be one for each one hundred and fifty names on the last-completed registry list of the town, except that in towns having more than fifteen hundred names on such list there shall be one for each two hundred and fifty names. Such room or rooms or booths shall be supplied with necessary conveniences for electors to arrange their ballots. The interior of the rooms or booths shall be secure from outside observation, and such rooms or booths shall be located in or connected with the room where the ballot boxes shall be stationed. The registrars of voters shall provide the ballot box or boxes necessary for use at all such elections. Each such ballot box shall have an aperture in its lid for the purpose of depositing the ballots and shall be so constructed that, when the voting is completed, the aperture may be closed so that no ballots can afterward be put into the box without reopening it. In addition thereto, the registrars of voters shall prepare or cause to be prepared an additional box which shall be placed by the side of the ballot box, which box shall be constructed in the same manner as the ballot box, in which box all stubs torn or separated from the ballots at the time of voting shall at such time be deposited. Such boxes shall be marked respectively "ballots" and "stubs", in order to designate the boxes in which the ballots and stubs shall be deposited, respectively. Any expenses incurred in the execution of the requirements of this section shall be paid by the municipality.

      (1949 Rev., S. 519, 1054; 1953, S. 766d; P.A. 07-194, S. 29.)

      History: P.A. 07-194 changed "selectmen" to "registrars of voters" and added provision requiring municipalities to pay any expenses incurred in execution of the requirements of section.

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      Sec. 9-290. Ballot table. Process of voting. (a) The registrars of voters shall provide, at the entrance into the enclosure prescribed by section 9-289, a ballot table at which the elector shall obtain the elector's ballot. Each ballot table shall have at least one ballot clerk, but not more than two such clerks who shall be appointed by the registrars.

      (b) In each primary, election or referendum, when an elector has entered the polling place, the elector shall (1) announce the elector's street address and name to the official checkers in a tone sufficiently loud and clear to enable all the election officials present to hear the same, and (2) (A) present to the official 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 (B) sign a statement under penalty of false statement, on a form prescribed by the Secretary of the State, that the elector is the person whose name appears on the official checklist. The official checker shall check the name of such elector on the official checklist. No political party shall have more than one challenger. The moderator may allow in the polling place any witnesses that may be required in the case of a challenge, provided the moderator shall not allow in more than one witness at a time.

      (c) 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 official checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the official checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors. Such choice shall not alter the elector's unaffiliated status.

      (d) 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 official checkers shall give to each elector checked a receipt provided by the registrar of voters, in a form prescribed by the Secretary of the State, specifying either (1) the party with which the elector is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary the elector has chosen to vote and whether the elector is authorized to vote for only a partial ballot.

      (e) If not challenged by any of the election officials, the elector shall be permitted to pass into the area where the booths are located. The elector shall give any receipt the elector has received to a ballot clerk and the ballot clerk shall give the elector a ballot and permit the elector to vote only in the primary of the party specified by the receipt. The ballot clerks shall deliver to such elector one official ballot, except that if any elector so defaces or injures any such ballot as to render it unfit for use, upon the return of such ballot to the ballot clerks, such clerks shall furnish the elector with another official ballot.

      (1949 Rev., S. 1055; 1953, S. 767d; P.A. 02-130, S. 1; P.A. 07-194, S. 30.)

      History: P.A. 02-130 designated existing provisions as Subsecs. (a) and (e), making technical changes therein, and inserted Subsecs. (b), (c) and (d) and provisions in said Subsec. (e) re polling place procedures, effective July 1, 2002; P.A. 07-194 amended Subsec. (a) to replace "selectmen" with "registrars of voters", replace "ballot booth" with "ballot table" and require each ballot table to have at least one but not more than two ballot clerks, amended Subsecs. (b), (c) and (d) to replace "checkers" with "official checkers" and made conforming and technical changes throughout.

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      Sec. 9-294. Deposit of ballots. Booth tenders. The registrars of voters shall appoint at least one person but not more than two persons to serve during the hours the polls are open, who shall have charge of the voting booths herein provided for. Only one elector at a time shall be permitted to enter the same voting booth to prepare his or her ballot, unless the elector, from physical infirmity, requires assistance and no person, while an elector is in such booth, shall attempt to learn about or observe the ballot prepared by such elector. The elector shall remain in the voting booth only while preparing the elector's ballot, and the elector shall thereupon leave the voting booth under the direction of the polling place officials and shall deposit his or her ballot in the ballot or box. Each person who has received an official ballot from any ballot clerk and who fails to deposit the ballot in the ballot box as prescribed shall immediately and before leaving such voting area deliver the unused ballot to such ballot clerks for spoiling.

      (1949 Rev., S. 1066; 1953, S. 771d; P.A. 07-194, S. 31.)

      History: P.A. 07-194 provided that registrars of voters shall appoint at least one but not more than two persons to serve during polling hours and to have charge over voting booths, deleted provisions re voting room, made conforming and technical changes and provided for the spoiling of unused ballots by ballot clerks.

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      Sec. 9-295. Improper markings of ballot. If any ballot contains a greater number of names voted for any office than is provided by law, it shall render such ballot void as to such office only. If any ballot contains any mark or device other than as hereinbefore provided, so that the same may be identified in such a manner as to indicate who cast the ballot, the ballot shall not be counted, but shall be kept by the moderator and returned to the registrar of voters in a separate package from the ballots counted at such election; provided any extension of markings beyond the area in which it is marked shall not invalidate a ballot if the elector's intent is clear and if it would not serve to identify the elector.

      (1949 Rev., S. 1064; 1953, S. 772d; 1963, P.A. 223, S. 4; P.A. 07-194, S. 32.)

      History: 1963 act provided that extension of marks beyond box or circle would not invalidate a ballot where meaning clear and where it would not identify elector; P.A. 07-194 deleted provisions re folding of ballots and made conforming and technical changes.

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      Sec. 9-296. Box-tenders. At all elections, the registrars of voters shall appoint at least one but not more than two electors for each ballot box, to be a box-tender or box-tenders. No person not so appointed shall have charge of any ballot box during the taking of any vote.

      (1949 Rev., S. 1058; 1953, S. 773d; P.A. 07-194, S. 33.)

      History: P.A. 07-194 required that registrars of voters, for all elections, appoint at least one but not more than two electors to be box-tenders, deleted provisions re candidate for office and made technical changes.

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      Sec. 9-304. Fraudulent abstracting or intermingling of votes. Any person who fraudulently abstracts any vote from the ballot box used at any election, or who, at such election fraudulently intermingles any vote or votes with the votes legally deposited in any such box, shall be fined not more than five hundred dollars and imprisoned not more than two years nor less than six months and shall be disfranchised.

      (1949 Rev., S. 1124; 1953, S. 781d; P.A. 87-382, S. 34, 55; P.A. 07-194, S. 34.)

      History: P.A. 87-382 substituted "one hundred eighty days" for "six months"; P.A. 07-194 deleted references to "within one hundred eighty days thereafter".

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      Sec. 9-306. Penalties. Any person, not expressly authorized thereto, who has possession of any official ballot, and any person who makes or has possession of any forged imitation of any official ballot, and any person who offers to anyone not authorized or permitted by law to have or receive an official ballot or who aids or knowingly permits any person to obtain possession of an official ballot, and any person who offers to aid or knowingly permits anyone to obtain possession of an official ballot for the purpose of using the same for any purpose not prescribed by law, and any person not authorized who gives or offers to any person an official ballot, and any person who offers to another any forged imitation of any official ballot or offers to the box-tender, for the purpose of voting the same, any ballot not an official ballot, and any person who offers any elector while the elector is in an election booth any ballot or places any ballot in such booth for the use of any elector or for any purpose, and any person, not by law authorized thereto, who receives any official ballot from any person not authorized by the provisions of this part to offer or give the same, and any person who receives an official ballot for the purpose of using the same for any other purpose or purposes than those expressly named by the provisions of this part, and any person who knowingly receives for the purpose of depositing the same in any ballot box any forged imitation of any official ballot, and any box-tender who knowingly deposits in any ballot box any ballot not an official ballot or any box-tender who knowingly deposits in any stub box any stub other than one torn or separated from a ballot offered by an elector while in the act of voting, and any person who imitates any official ballot or prints or causes to be printed any ballot authorized by this part in any manner other than as prescribed by the Secretary of the State, and any person who places upon any official ballot any mark or device for the purpose of enabling any person to identify the same as having been voted by the elector or by any particular person, or who alters or changes any ballot by erasing or removing any name or names therefrom, and any person who attempts to ascertain or observe the ballot being voted by any elector while such elector is in any booth or enclosure so as to ascertain how such elector has voted, except as provided in this part, and any person who, having received his or her official ballot, leaves the voting place without having either delivered it to the box-tender or the moderator or returned it to a ballot clerk, and any person who prints or causes to be printed upon any official ballot the name of any person not a candidate of a party whose name is printed at the head of the column containing such party nominees or offers to any elector such ballot, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not more than five years or be both fined and imprisoned.

      (1949 Rev., S. 1127; 1953, S. 783d; P.A. 07-194, S. 35.)

      History: P.A. 07-194 made technical changes.

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