Substitute House Bill No. 6744
Substitute House Bill No. 6744
PUBLIC ACT NO. 97-67
AN ACT CONCERNING ELECTION PROCEDURES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 9-23g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In addition to the procedures for
admission of electors under sections 9-19b, 9-19c,
9-19e, 9-20 and 9-31, any person may apply to a
registrar of voters of the town of his residence
for admission as an elector in accordance with the
provisions of this section and section 9-23h.
(b) The Secretary of the State shall
prescribe, and provide to registrars of voters,
town clerks and voter registration agencies
described in section 9-23n, application forms and
other materials necessary to complete such
application and admission process. The Secretary
of the State, registrars of voters and town clerks
shall provide a reasonable number of such forms
and materials to any elector who requests such
forms and materials. The secretary shall also, in
the course of his elections duties, prepare
instructions and related materials describing
procedures for such application and admission
process and shall provide the materials to
registrars of voters and town clerks. The
application shall contain the information required
under section 9-23h. All statements of the
applicant shall be made under the penalties of
perjury. The application for admission as an
elector shall include a statement that (1)
specifies each eligibility requirement, (2)
contains an attestation that the application meets
each such requirement and (3) requires the
signature of the applicant under penalty of
perjury. Nothing in this section or section 9-23h
shall require that the application be executed in
the state. An applicant who is unable to write may
cause his name to be signed on the application
form by an authorized agent who shall, in the
space provided for the signature, write the name
of the applicant followed by the word "by" and his
own signature. The completed application may be
mailed or returned in person to the office of the
registrars of voters or the office of the town
clerk of the applicant's town of residence or a
voter registration agency described in section
9-23n. The town clerk shall promptly forward any
application which he receives to the registrars of
voters. Such application form shall be provided by
or authorized by the Secretary of the State.
(c) Forthwith upon receipt of a registration
application in the office of the registrars of
voters, the registrar shall mark such date on the
application and review the application to
determine whether the applicant has properly
completed it and is legally qualified to register.
Forthwith upon completing his review, the
registrar shall (1) indicate on the application
whether the application has been accepted or
rejected, (2) mail a notice to the applicant, (3)
indicate on the application the date on which such
notice is mailed and (4) provide a copy of such
notice to the other registrar. If the registrar
determines that the applicant has not properly
completed the application or is not legally
qualified to register, the notice shall indicate
that the application has been rejected and shall
state the reason for rejection. If the registrar
determines that the applicant has properly
completed the application and is legally qualified
to register, the notice shall indicate that the
application has been accepted. A notice of
acceptance or a notice of rejection shall be sent
(A) within four days of receipt of an application
during the period beginning on the forty-ninth day
before an election and ending on the twenty-first
day before such election, (B) on the day of
receipt of an application if it is received (i)
during the period beginning on the twentieth day
before such election and ending on the fourteenth
day before such election or (ii) during the period
beginning on the thirteenth day before an election
and ending on election day if the application has
been received by the fourteenth day before an
election by the Commissioner of Motor Vehicles or
by a voter registration agency described in
section 9-23n or (iii) during the period beginning
on the twenty-first day before a primary and
ending [at twelve o'clock noon on the last weekday
before a primary] ON THE FIFTH DAY BEFORE A
PRIMARY OR (iv) DURING THE PERIOD BEGINNING ON THE
FOURTH DAY BEFORE A PRIMARY AND ENDING AT TWELVE
O'CLOCK NOON ON THE LAST WEEKDAY BEFORE A PRIMARY,
IF THE APPLICATION HAS BEEN POSTMARKED BY THE
FIFTH DAY BEFORE THE PRIMARY AND IS RECEIVED IN
THE OFFICE OF THE REGISTRARS OF VOTERS DURING SUCH
PERIOD OR IF THE APPLICATION IS RECEIVED BY THE
FIFTH DAY BEFORE A PRIMARY BY THE COMMISSIONER OF
MOTOR VEHICLES OR BY A VOTER REGISTRATION AGENCY
DESCRIBED IN SECTION 9-23n, and (C) within ten
days of receipt of an application at any other
time. A notice of acceptance shall be sent by
first-class mail with instructions on the envelope
that it be returned if not deliverable at the
address shown on the envelope. A notice of
acceptance shall indicate the effective date of
the applicant's registration and enrolment, the
date of the next regularly scheduled election or
primary in which the applicant shall be eligible
to vote and the applicant's precinct and polling
place. If a notice of acceptance of an application
is returned undelivered, the registrars shall
forthwith take the necessary action in accordance
with section 9-35 or 9-43, notwithstanding the May
first deadline in section 9-35. [Any applications
received by the registrar after twelve o'clock
noon on the last weekday before a primary shall
not be acted on by the registrars until after the
primary.] An applicant for admission as an elector
pursuant to this section and section 9-23h may
only be admitted as an elector by a registrar of
voters of the town of his residence. Not later
than December thirty-first, annually, the
Secretary of the State shall establish an official
calendar of all deadlines set forth in this
subsection for regularly scheduled elections and
primaries to be held in the following calendar
year.
(d) (1) Except as otherwise provided in this
subsection, the privileges of an elector for any
applicant for admission under this section and
section 9-23h shall attach immediately upon
approval by the registrar, and the registrars
shall enter the name of the elector on the
registry list.
(2) Except as provided in subdivision (3) of
this subsection, if a mailed application is
postmarked, or if a delivered application is
received in the office of the registrars of
voters, after the fourteenth day before an
election OR AFTER THE FIFTH DAY BEFORE A PRIMARY,
the privileges of an elector shall not attach
until the day after [the] SUCH election OR
PRIMARY, AS THE CASE MAY BE.
(3) If an application is received after the
fourteenth day before an election OR AFTER THE
FIFTH DAY BEFORE A PRIMARY by the Commissioner of
Motor Vehicles or by a voter registration agency
described in section 9-23n, the privileges of an
elector shall not attach until the day after the
election OR PRIMARY, AS THE CASE MAY BE, or on the
day the registrar approves it, whichever is later.
(4) If on the day of an election or primary,
the name of an applicant does not appear on the
official check list, such applicant may present a
notice of acceptance received through the mail to
the moderator at the polls, after which the
registrar or assistant registrar, upon notice to
the registrar, shall add such person's name and
address to the official check list on such day and
the person shall be allowed to vote if otherwise
eligible to vote.
(e) A registration application filed under
this section shall be rejected if the application
(1) has not been signed or dated by the applicant
or the authorized agent of the applicant pursuant
to subsection (b) of this section, (2) does not
indicate the applicant's date of birth or bona
fide residence, (3) does not indicate United
States citizenship or (4) is determined by the
Secretary of the State to be substantially
defective. No registration application filed under
this section shall be rejected if the application
fails to provide the applicant's Social Security
number or the zip code of the applicant's bona
fide residence.
(f) Upon admission of an applicant under
subsection (d) of this section, who indicated on
his registration application that he changed
residence since voting last in Connecticut, the
registrar shall notify the registrar who accepted
the voter's last registration, and the registrar
in the voter's place of last residence, if
different. Notification shall be made upon a form
prescribed by the Secretary of the State. A
registrar receiving such a notification shall
delete the elector's name from the registry list.
(g) All provisions of the general statutes
relating to electors, which are not inconsistent
with the provisions of this section, shall apply
to electors admitted under the provisions of this
section.
(h) The Secretary of the State may adopt
regulations, in accordance with the provisions of
chapter 54, to carry out the purposes of this
section and section 9-23h.
Sec. 2. Section 9-56 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Except as otherwise provided in the case of
an elector whose name has not been placed on or
has been removed from the enrolment list under
section 9-59, 9-60, 9-61 or 9-62, any elector not
enrolled on any enrolment list may at any time
make a written and signed application for
enrolment to the registrars of voters on an
application form for admission as an elector, in
accordance with the requirements of this section.
The application shall be effective as of the date
it is filed with the registrars of voters of the
town of residence of the applicant and any person
making application for enrolment in such manner
shall immediately be entitled to the privileges of
party enrolment unless the application for
enrolment (1) is filed IN PERSON BY THE APPLICANT
with the registrars of voters after twelve o'clock
noon on the last business day before a primary, in
which case he shall be entitled to the privileges
of party enrolment immediately after the primary,
[or unless the application for enrolment] (2) IS
OTHERWISE FILED WITH THE REGISTRAR AFTER THE FIFTH
DAY BEFORE THE PRIMARY, IN WHICH CASE HE SHALL BE
ENTITLED TO THE PRIVILEGES OF PARTY ENROLMENT
IMMEDIATELY AFTER THE PRIMARY, EXCEPT AS PROVIDED
IN SECTION 9-23a, AS AMENDED BY SECTION 3 OF THIS
ACT, OR (3) is filed with the registrars of voters
[on the day of] AFTER 5:00 P.M. ON THE LAST
BUSINESS DAY BEFORE a caucus or convention, in
which case he shall be entitled to the privileges
of party enrolment immediately after the caucus or
convention. The application shall be signed or
initialed by the registrar, deputy, assistant or
registrar's clerk receiving it, or by such other
personnel as such registrar or deputy may appoint
for the purpose, showing the date when such
application is received and, in the case of an
applicant not immediately eligible under section
9-59, 9-60, 9-61 or 9-62 to the privileges
accompanying enrolment in the party named in his
application, the date upon which such applicant
becomes so eligible. In municipalities divided
into voting districts in which an enrolment
session is held in each district thereof under
section 9-51, application for enrolment shall be
made to the registrar or assistant registrar, as
the case may be, in the voting district in which
such elector is entitled to vote at the time of
making such application. If any registrar or
assistant registrar fails to add any name to any
such list on written application or adds any name
to any such list except as herein provided, he
shall be fined not more than two hundred dollars
or imprisoned not more than thirty days or both.
Sec. 3. Section 9-23a of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) [Notwithstanding the provisions of any
special act or charter to the contrary, any person
making application for enrolment on an application
for admission as an elector shall upon acquisition
of electoral privileges immediately be entitled to
the privileges of party enrolment except as
provided in section 9-59 and except that if: (1)
Application for enrolment is filed with the
registrars of voters of his town of residence
after twelve o'clock noon on the last business day
before a primary, he shall be entitled to the
privileges of party enrolment immediately after
the primary or (2) the application for enrolment
is filed with the registrars of voters of his town
of residence on the day of a caucus or convention,
he shall be entitled to the privileges of party
enrolment immediately after the caucus or
convention. No] EXCEPT AS PROVIDED IN SUBSECTION
(b) OF THIS SECTION, NO person admitted as an
elector after twelve o'clock noon on the last
business day before a primary shall be permitted
to vote in such primary.
(b) AN APPLICANT FOR ADMISSION OR ENROLMENT
UNDER SECTION 9-26 SHALL BE ENTITLED TO VOTE IN A
PRIMARY IF HE FILES HIS APPLICATION FOR ADMISSION
OR ENROLMENT WITH THE TOWN CLERK BEFORE THE DAY OF
THE PRIMARY AND IS OTHERWISE ELIGIBLE TO VOTE IN
THE PRIMARY.
Sec. 4. Section 9-57 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Notwithstanding the provisions of any special
act or charter to the contrary, whenever any
person makes application for admission as an
elector IN PERSON TO AN ADMITTING OFFICIAL, he
may, [prior to the administration of the elector's
oath] ON AN APPLICATION FOR ADMISSION AS AN
ELECTOR, make application [as provided in sections
9-12, 9-20, 9-23a and 9-56] for enrolment on the
list of the political party of his preference.
[The registrars of voters or assistant registrars
shall add the names of all persons making such
application to the enrolment list or supplementary
enrolment list of the political party of each such
applicant's preference; provided, if a caucus or
convention is to be held, such registrars or
assistant registrars shall prepare on the day
before such caucus or convention, separate lists
of such names according to party.] Any such
elector who has so applied for enrolment shall,
[from the time of such application,] UPON
ACQUISITION OF ELECTORAL PRIVILEGES, IMMEDIATELY
be entitled to all the privileges of enrolment in
the party named in his application, unless (1) he
ceases to be an elector in the town or voting
district in which he is entitled to vote, as the
case may be, [or unless] (2) he makes application
for erasure or transfer or enrolment on the list
of another party in accordance with the provisions
of [section 9-56 and] section 9-59, [or unless]
(3) he [makes] FILES HIS application for enrolment
WITH THE REGISTRARS OF VOTERS OF HIS TOWN OF
RESIDENCE after twelve o'clock noon on the last
business day before a primary, in which case he
shall be entitled to the privileges of party
enrolment immediately after the primary, OR (4) HE
FILES HIS APPLICATION FOR ENROLMENT WITH THE
REGISTRARS OF VOTERS OF HIS TOWN OF RESIDENCE ON
THE DAY OF A CAUCUS OR CONVENTION, IN WHICH CASE
HE SHALL BE ENTITLED TO THE PRIVILEGES OF PARTY
ENROLMENT IMMEDIATELY AFTER THE CAUCUS OR
CONVENTION. THE REGISTRARS OF VOTERS OR ASSISTANT
REGISTRARS SHALL ADD THE NAMES OF ALL PERSONS
MAKING SUCH APPLICATION TO THE ENROLMENT LIST OR
SUPPLEMENTARY ENROLMENT LIST OF THE POLITICAL
PARTY OF EACH SUCH APPLICANT'S PREFERENCE,
PROVIDED, IF A CAUCUS OR CONVENTION IS TO BE HELD,
SUCH REGISTRARS OR ASSISTANT REGISTRARS SHALL
PREPARE SEPARATE LISTS OF SUCH NAMES ACCORDING TO
PARTY, ON THE DAY BEFORE SUCH CAUCUS OR
CONVENTION.
Sec. 5. Subsection (b) of section 9-12 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) Any citizen who has attained the age of
seventeen years may apply for admission as an
elector. If such citizen is found to be qualified
he shall become an elector on the day of his
eighteenth birthday. The registrars shall add the
name of any person applying under this subsection,
if found qualified, to the registry list and, if
applicable, to the enrolment list, together with
the effective date of his registration. THE
REGISTRARS MAY PLACE THE NAME OF EACH SUCH PERSON
AT THE END OF THE REGISTRY AND ENROLMENT LISTS FOR
THE VOTING DISTRICT.
Sec. 6. Subsection (a) of section 9-17 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section,
"primary day" means the day scheduled for a
primary for state, district and municipal offices
in accordance with section 9-423, regardless of
whether the municipality will hold a primary and
"election day" means the day of each regular
election. (1) The registrars of voters of each
town shall hold sessions to examine the
qualifications of electors and admit those found
qualified on the dates and at the times set forth
in this section. Such sessions shall be held on
the following days during the hours indicated,
except as provided in subdivision (2) of this
subsection:
Day Hours
Fourteenth day before
5:00 p.m. and 9:00 p.m.
Saturday of third week
before election
_____
[3:00] 2:00 p.m.
Fourteenth day before
The session of the registrars of voters on the
fourteenth day before election day shall be the
last regular session for the admission of electors
prior to an election, as defined in subsection (y)
of section 9-1. (2) No town having a population of
less than twenty-five thousand persons shall be
required to hold sessions for admission of
electors on the fourteenth day before primary day.
Sec. 7. Section 9-5 of the general statutes
is repealed and the following is substituted in
lieu thereof:
At least one week prior to each state or
municipal election, the Secretary of the State
shall send to the [clerk] REGISTRARS OF VOTERS of
each municipality in which such election is to be
held a copy of such instructional materials as the
secretary deems necessary for use by the moderator
in each voting district. At the time when the
moderator or moderators are appointed, such
[clerk] REGISTRARS shall give to each such
moderator such materials as [he has] THEY HAVE
received from the secretary.
Sec. 8. Section 9-235d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Notwithstanding any provision of sections
9-233, 9-235 and 9-258 to the contrary, a United
States citizen who is sixteen or seventeen years
of age and a bona fide resident of a town may be
appointed as a challenger, voting machine tender
or unofficial checker in an election AND, AFTER
SERVING AS AN UNOFFICIAL CHECKER IN AN ELECTION OR
AS A CANDIDATE CHECKER IN A PRIMARY, MAY BE
APPOINTED AS A CHECKER IN A SUBSEQUENT ELECTION.
(b) Notwithstanding any provision of section
9-436 OR 9-436a to the contrary, a United States
citizen who is sixteen or seventeen years of age
and a bona fide resident of a town or political
subdivision holding a primary may be appointed as
a challenger, [or] voting machine tender OR
CANDIDATE CHECKER in the primary [.
Notwithstanding any provision of section 9-436a to
the contrary, a United States citizen who is
sixteen or seventeen years of age and a bona fide
resident of a town may be appointed as a candidate
checker in a primary] AND, AFTER SERVING AS A
CANDIDATE CHECKER IN A PRIMARY OR AS AN UNOFFICIAL
CHECKER IN AN ELECTION, MAY BE APPOINTED AS A
CHECKER IN A SUBSEQUENT PRIMARY.
Sec. 9. This act shall take effect July 1,
1997.
Approved May 27, 1997