Substitute House Bill No. 5688
Substitute House Bill No. 5688
PUBLIC ACT NO. 98-67
AN ACT CONCERNING ELECTION PROCEDURES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 9-35 of the general
statutes, as amended by section 24 of public act
97-154, is repealed and the following is
substituted in lieu thereof:
The registrars, on the Tuesday of the fifth
week before each regular election, shall be in
session for the purpose of completing a correct
list of all electors who will be entitled to vote
at such election. Such registry list shall consist
of an active registry list and an inactive
registry list. Such session shall be held during
such hours between nine o'clock a.m. and five
o'clock p.m. as the registrars find necessary to
complete the list. Notice of such session shall be
given at least five days before the session by
publication in a newspaper having a circulation in
such municipality, if any, and by posting on the
signpost therein, if any, or at some other
exterior place near the office of the town clerk.
At such session and on any day except on the day
of an election or primary, the registrars shall
remove from the list the name of each elector who
has died, who has been disfranchised or who has
confirmed in writing that [he] THE ELECTOR has
moved out of the municipality, except electors
entitled to remain on such list under the
provisions of this chapter. An elector shall be
deemed to have confirmed in writing that [he] THE
ELECTOR has moved out of the municipality if (1)
the elector has submitted a change of address form
for purposes of a state motor vehicle operator's
license, unless the elector states on the form
that the change of address is not for voter
registration purposes, (2) the elector has
submitted a change of address form to a voter
registration agency described in section 9-23n and
such agency has provided such change of address to
the registrars of voters or (3) the registrars of
voters have received a cancellation of previous
registration from any other election official
indicating that such elector has registered as an
elector outside such municipality. Whenever the
registrars of voters of a town remove from the
registry list the name of an elector who has
submitted a change of address to the Commissioner
of Motor Vehicles or a voter registration agency
under subdivision (1) or (2) of this section,
indicating that [he] THE ELECTOR has moved out of
such town, the registrars shall send the elector,
by forwardable mail to [his] THE ELECTOR'S former
address from such list OR CURRENT ADDRESS IN THE
NEW TOWN, (A) a notice of removal, (B) information
explaining how to have [his] THE ELECTOR'S name
restored to such list, which shall be in a form
prescribed by the Secretary of the State, and (C)
a mail-in voter registration application which can
be used by the elector to apply for admission as
an elector in the new town. If such notice,
information and application are SENT TO THE
ELECTOR'S FORMER ADDRESS AND ARE returned
undeliverable, the registrars shall mail such
documents to the elector's address in the new
town. The registrars shall enter the names on such
list by street and number of the house, when the
houses are numbered, so that there shall be
entered on the list first, the street, avenue or
road; second, the number of the house or residence
in numerical order or, if the registrars of any
town find it more convenient, by odd and even
numbers in numerical order; and third, the names
of the electors in such house in alphabetical
order. The names of any electors who cannot be so
listed shall be listed alphabetically in the
voting district wherein any such elector is a bona
fide resident. The registrars of voters may
consecutively number the names on the registry
list OR MAY INCLUDE VOTER IDENTIFICATION NUMBERS
FOR THE NAMES ON THE REGISTRY LIST, provided such
list shall comply in all respects with the
requirements of law other than for the addition of
such numbers. THE REGISTRARS SHALL NOT USE SOCIAL
SECURITY NUMBERS FOR ANY SUCH VOTER IDENTIFICATION
NUMBERS. In any case in which the registrars have
obtained reliable information of an elector's
change of address within the municipality, they
shall enter the name of such elector on the
registry list at the place where he then resides,
provided, if such reliable information is the
National Change of Address System of the United
States Postal Service, the registrar shall change
the registry list and send the elector a notice of
the change by forwardable mail and a postage
prepaid preaddressed return form by which the
elector may verify or correct the address
information. If during the canvass the registrars
determine that an elector has moved out of town
and such elector has not confirmed in writing that
[he] THE ELECTOR has moved out of the town, the
registrars shall, not later than May first, send
to the elector, by forwardable mail, a notice
required by the National Voter Registration Act of
1993, P.L. 103-31, as amended from time to time,
together with a postage prepaid preaddressed
return card on which the elector may state [his]
THE ELECTOR'S current address. In the year of a
presidential preference primary, the registrars
shall send such notice not earlier than the date
of such primary. If the registrar does not receive
the return card within thirty days after it is
sent, the elector's name shall be placed on the
inactive registry list for four years. At the
expiration of such period of time on the inactive
registry list, such name shall be removed from the
registry list. If such elector applies to restore
[his] THE ELECTOR'S name to the active registry
list or votes during such period, [his] THE
ELECTOR'S name shall be restored to the active
registry list. Such registrars shall retain a
duplicate copy or record of each such notice in
their office or, if they do not have a permanent
office, in the office space provided under section
9-5a, and shall note on such duplicate copy or
record the date on which such notice was mailed.
In each municipality, any elector, upon change of
residence within the municipality, may cause [his]
THE ELECTOR'S registration to be transferred to
his new address by presenting to the registrars a
signed request therefor, stating his present
address, the date [he] THE ELECTOR moved to such
address and the address at which [he] THE ELECTOR
was last registered. The registrars shall
thereupon enter [his] THE ELECTOR'S name on the
list at [his] THE ELECTOR'S new residence;
provided no transfer of registration shall be made
on the registry list on election day without the
consent of both registrars.
Sec. 2. Subsection (f) of section 9-265 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(f) A write-in ballot shall be cast in its
appropriate place on the voting machine. A
write-in ballot 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 ballot
shall be written upon the paper contained in the
receptacle or device provided in the voting
machine for such purpose. The registrars of voters
shall cause an adhesive label, provided by the
Secretary of the State, upon which shall be
imprinted the words "write-in slides", to be
affixed to the upper left-hand corner of each
voting machine, directly opposite the write-in
slides. THE REGISTRARS SHALL (1) LOCK ALL WRITE-IN
SLIDES IF THERE ARE NO REGISTERED WRITE-IN
CANDIDATES FOR ANY OFFICE OR (2) LOCK THE WRITE-IN
SLIDES FOR MULTIPLE-OPENING OFFICES IF THERE ARE
REGISTERED WRITE-IN CANDIDATES ONLY FOR SINGLE
OPENING OFFICES.
Sec. 3. Subsection (e) of section 9-436 of the
general statutes, as amended by section 53 of
public act 97-47, is repealed and the following is
substituted in lieu thereof:
(e) The registrar shall designate one of the
moderators so appointed by [him] THE REGISTRAR to
be head moderator or shall appoint as head
moderator an elector who is not also moderator of
a polling place and who shall be deemed a primary
official. The registrar may also appoint a deputy
head moderator to assist the head moderator in the
performance of his duties. A deputy head moderator
shall also be deemed to be a primary official.
Each registrar's appointments of primary polling
place officials, EXCEPT MODERATORS OF POLLING
PLACES, and of designees to conduct supervised
voting of absentee ballots pursuant to sections
9-159q and 9-159r shall be divided equally, as
nearly as may be, between designees of the
party-endorsed candidates and designees of one or
more of the contestants, provided, if a
party-endorsed candidate is a member of a party
other than the one holding the primary, such
primary officials, except voting machine
mechanics, shall be enrolled party members of the
party holding the primary. Names of designees and
alternate designees for such positions shall be
submitted in writing by party-endorsed candidates
and contestants to the registrar not later than
ten days before the primary, except that names of
designees and alternate designees for the position
of moderator shall be so submitted not later than
twenty-one days before the primary and, if such
lists are not so presented, all such appointments
shall be made by the registrar but in the
above-mentioned proportion. The registrar shall
notify all such candidates and contestants of
their right to submit a list of designees under
this section. Notwithstanding any other provision
of this section, the registrar shall appoint as
moderators only persons who are certified to serve
as moderators or alternate moderators pursuant to
section 9-229, unless there is an insufficient
number of such persons who are enrolled members of
the registrar's party in the municipality or
political subdivision holding the primary, in
which case the registrar may appoint a new
moderator in accordance with section 9-229, but
only to the extent of such insufficiency. Primary
central counting moderators and absentee ballot
counters shall also be deemed primary officials.
No primary official shall perform services for any
candidate at the primary on primary day.
Sec. 4. Subsection (a) of section 9-17 of the
general statutes, as amended by section 6 of
public act 97-67, is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section, "primary
day" means the day [scheduled for] THAT a primary
for state, district and municipal offices IS BEING
HELD 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
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. 5. Section 9-259 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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. [He] 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 5:15 A.M. ON THE DAY
OF THE ELECTION. 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 [has presented
himself] 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. 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. 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.
Sec. 6. (NEW) (a) There is created a committee
for the purpose of establishing programs and
procedures for training, examining and certifying
registrars of voters, deputy registrars of voters
and permanent assistants, as described in section
9-192 of the general statutes. The committee shall
consist of six members, one of whom shall be from
the Office of the Secretary of the State, one of
whom shall be from the State Elections Enforcement
Commission, and four of whom shall be registrars
of voters. The Secretary of the State shall
appoint the registrars of voters, in consultation
with the Registrars of Voters Association of
Connecticut, or its successor organization. The
committee members shall serve without pay. The
Secretary of the State shall determine the length
of the terms of the initial members, in accordance
with the following: Two of such members shall
serve for a one-year term; two of such members
shall serve for a two-year term; and two of such
members shall serve for a four-year term.
Thereafter, all members shall serve for four-year
terms. The committee shall select a chairperson,
who shall be one of the registrars who is a member
of the committee. The committee shall adopt
criteria for the training, examination and
certification requirements of registrars, deputies
and permanent assistants. In the adoption of said
criteria, the committee (1) shall consider whether
the prescribed training leading to certification
may, in part, be satisfied through participation
in the required two conferences a year called by
the Secretary of the State, pursuant to section
9-6 of the general statutes, for purposes of
discussing the election laws, procedures or
matters related to election laws and procedures
and (2) may recommend programs at one or more
institutions of higher education that satisfy said
criteria.
(b) Any registrar of voters, deputy or
permanent assistant may participate in the course
of training prescribed by the committee and, upon
completing such training and successfully
completing any examination or examinations
prescribed by the committee, shall be recommended
by the committee, to the Secretary of the State as
a candidate for certification as a certified
Connecticut registrar of voters. The Secretary of
the State shall certify any such qualified,
recommended candidate as a certified Connecticut
registrar of voters. The Secretary of the State
may rescind any such certificate only upon a
finding, by a majority of the committee, of
sufficient cause as defined by the criteria
adopted pursuant to subsection (a) of this
section.
(c) No provision of this section shall require
any registrar of voters, deputy or permanent
assistant to be a certified registrar of voters.
Sec. 7. Section 9-244 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Such registrars of voters shall give
written notice to the [chairmen] 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 [chairman] 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 [chairmen] CHAIRPERSONS,
candidates and watchers shall not interfere with,
OR ASSIST IN, the preparation of the machines. [or
assist in their preparation. Such notice shall be
given at least one day before the work on the
preparation of such machines begins. Any such
chairmen and candidates]
(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 [and the
watchers] FOR THE TESTING AND SEALING OF THE
MACHINES, EXCEPT THE MECHANICS, shall file a
written report, as provided in section 9-245, AS
AMENDED BY THIS ACT, certifying (A) to the
[number] NUMBERS of the [machine] MACHINES, (B) as
to whether all the candidate and question counters
are set at zero (000), (C) as to the [number]
NUMBERS registered on the protective [counter]
COUNTERS, if [one is] provided, and the [number]
NUMBERS on the [seal] 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.
Sec. 8. Section 9-245 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The reports of the mechanics, provided for
under section 9-246, and the [reports of the party
watchers, party chairmen and candidates,] REPORT
provided for under SUBSECTION (c) OF section
9-244, AS AMENDED BY THIS ACT, shall be filed with
the municipal clerk and shall be kept by [him] THE
MUNICIPAL CLERK for at least sixty days after the
election for which the machines were so prepared.
Sec. 9. Section 9-140b of the general
statutes, as amended by section 15 of public act
97-154 and section 1 of public act 97-176, is
repealed and the following is substituted in lieu
thereof:
(a) An absentee ballot shall be cast at a
primary, election or referendum only if: (1) It is
mailed by (A) the ballot applicant, (B) a designee
of a person who applies for an absentee ballot
because of illness or physical disability or (C) a
member of the immediate family of an applicant who
is a student, so that it is received by the clerk
of the municipality in which the applicant is
qualified to vote not later than the close of the
polls; (2) it is returned by the applicant in
person to the clerk by the day before a regular
election, special election or primary or prior to
the opening of the polls on the day of a
referendum; (3) it is returned by a designee of an
ill or physically disabled ballot applicant, in
person, to said clerk not later than the close of
the polls on the day of the election, primary or
referendum; (4) it is returned by a member of the
immediate family of the absentee voter, in person,
to said clerk not later than the close of the
polls on the day of the election, primary or
referendum; or (5) in the case of a presidential
or overseas ballot, it is mailed or otherwise
returned pursuant to the provisions of section
9-158g. A person returning an absentee ballot to
the municipal clerk pursuant to subdivision (3) or
(4) of this subsection shall present
identification and, on the outer envelope of the
absentee ballot, sign his name in the presence of
the municipal clerk, and indicate his address, his
relationship to the voter or his position, and the
date and time of such return. As used in this
[subsection] SECTION, "immediate family" means
["immediate family" as defined in section 1-79] A
DEPENDENT RELATIVE WHO RESIDES IN THE INDIVIDUAL'S
HOUSEHOLD OR ANY SPOUSE, CHILD OR PARENT OF THE
INDIVIDUAL.
(b) As used in this section and section
9-150c, "designee" means (1) a person who is
caring for the applicant because of the
applicant's illness or physical disability,
including but not limited to, a licensed physician
or a registered or practical nurse, (2) a member
of the applicant's family, who is designated by an
absentee ballot applicant and who consents to such
designation, or (3) if no such person consents or
is available, then a police officer, registrar of
voters, deputy registrar of voters or assistant
registrar of voters in the municipality in which
the applicant resides.
(c) For purposes of this section "mailed"
means sent by the United States Postal Service or
any commercial carrier, courier or messenger
service recognized and approved by the Secretary
of the State.
(d) No person shall have in his possession any
official absentee ballot or ballot envelope for
use at any primary, election or referendum except
the applicant to whom it was issued, the Secretary
of the State or his or her authorized agents, any
official printer of absentee ballot forms and his
designated carriers, the United States Postal
Service, any other carrier, courier or messenger
service recognized and approved by the Secretary
of the State, any person authorized by a municipal
clerk to receive and process official absentee
ballot forms on behalf of the municipal clerk, any
authorized primary, election or referendum
official or any other person authorized by any
provision of the general statutes to possess a
ballot or ballot envelope.
(e) No (1) candidate or (2) agent of a
candidate, political party or committee, as
defined in section 9-333a, shall knowingly be
present when an absentee ballot applicant executes
an absentee ballot, except (A) when the candidate
or agent is (i) a member of the immediate family
[, as defined in section 1-79,] of the applicant
or (ii) authorized by law to be present or (B)
when the absentee ballot is executed in the office
of the municipal clerk and the municipal clerk or
an employee of the municipal clerk is a candidate
or agent.
Sec. 10. This act shall take effect July 1,
1998.
Approved May 19, 1998