File No. 553

House of Representatives, April 8, 2009

The Committee on Government Administration and Elections reported through REP. SPALLONE of the 36th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING ELECTION DAY REGISTRATION AND PRESIDENTIAL BALLOT PROCEDURES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) As used in this section and section 9-261 of the general statutes, "election day" means the day on which a regular election, as defined in section 9-1 of the general statutes, is held.

(b) Notwithstanding the provisions of chapter 143 of the general statutes, a person who (1) is not an elector and does not have a pending application for admission as an elector under said chapter 143, and (2) meets the eligibility requirements under subsection (a) of section 9-12 of the general statutes, may apply for admission as an elector on election day.

(c) Any such application shall be made in accordance with the provisions of section 9-20 of the general statutes, provided (1) on election day, the applicant shall appear in person at the location designated by the registrars of voters for election day registration, (2) an applicant who is a student enrolled at an institution of higher education may submit a current photo identification card issued by said institution in lieu of the identification required by section 9-20 of the general statutes, and (3) the applicant shall declare under oath that the applicant has not previously voted in the election. If the information that the applicant is required to provide under section 9-20 of the general statutes and this section does not include proof of the applicant's residential address, the applicant shall also submit a United States passport, a military identification card, a learner's permit or a utility bill that has the applicant's name and current address and is due not later than thirty days after the election or, in the case of a student enrolled at an institution of higher education, a registration or fee statement from such institution that has the applicant's name and current address. The registrars shall check the state-wide centralized voter registration system before admitting an applicant as an elector, to determine whether the applicant is an elector in another municipality in the state. In the event such applicant is an elector in another municipality and such applicant states that he or she wants to change the municipality in which the applicant is an elector, the registrars of voters shall utilize the provisions of section 9-21 of the general statutes to effect such change. If the registrars determine that an applicant is qualified, and admit the applicant as an elector of the municipality after checking the state-wide centralized voter registration system to determine that the applicant is not already an elector, the registrars of voters shall provide the elector with a ballot and a privacy sleeve. The elector shall forthwith mark the ballot in the presence of the registrars of voters in such manner that the registrars of voters shall not know how the ballot is marked. The elector shall place the ballot in the privacy sleeve. The registrars of voters shall 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.

(d) (1) If the registrars are unable to determine that an applicant is qualified, for any reason, such applicant may apply for and be issued by the registrars of voters a verifiable ballot if the applicant declares under oath that the applicant has not previously voted in the election. Such application for a verifiable ballot shall be prescribed by the Secretary of the State, executed before an election official and include a written affirmation, under penalty of false statement in absentee balloting pursuant to section 9-359a of the general statutes, which shall be in the form substantially as follows:

AFFIRMATION: I, the undersigned, do hereby state, under penalty of false statement in absentee balloting, that:

1. I am an elector in the town indicated.

2. I am eligible to vote in the election indicated for today in the town and polling place indicated.

3. The registrars of voters were unable to determine my qualifications to be admitted as an elector.

4. My residence address is located in the voting district that this polling place serves.

5. I have not voted and I will not vote otherwise than by this ballot in person or by absentee ballot at this election.

6. I apply for a verifiable ballot.

(2) Upon receipt of an application for a verifiable ballot, the registrars of voters shall provide the applicant with a verifiable ballot and a numbered envelope and shall make a record of such issuance on the verifiable ballot inventory form. The applicant shall forthwith mark the ballot in the presence of the registrars of voters in such manner that the registrars of voters shall not know how the ballot is marked. The applicant shall then fold the ballot in the presence of the registrars of voters so as to conceal the markings and deposit and seal it in the numbered envelope in the manner prescribed by the Secretary of the State. The registrars of voters shall provide such documentation to the applicant so the applicant may later verify whether the applicant's verifiable ballot was counted, and shall deposit the verifiable ballot and envelope in the verifiable ballot depository envelope. The applicant shall then immediately leave the room. The registrars of voters shall provide a free access system restricted to the applicant who cast the ballot to verify if the verifiable ballot was counted, and if the ballot was not counted, the reason that the ballot was not counted.

(3) Immediately after the close of the polls, the registrars of voters shall forthwith verify the information contained with each verifiable ballot. In verifying any such verifiable ballot, the registrars of voters shall cause a notice of registration to be sent to the home address of such applicant. If such notice is returned to the registrars of voters as undeliverable, such applicant's verifiable ballot shall be marked "rejected", along with the reason for such rejection and signed by the registrars of voters. The registrars of voters shall verify and count all verifiable ballots in their town not later than six days after the election. The registrars of voters shall forthwith prepare and sign, in duplicate, a report showing the number of verifiable ballots received from applicants, the number rejected and the number counted, and showing the additional votes counted for each candidate for office on the verifiable ballots. The registrars of voters shall seal a report in the depository envelope with the verifiable ballots and store such envelope with other election results materials. The depository envelope shall be preserved by the registrars of voters for the period of time required to preserve counted ballots for elections. The head moderator shall forthwith file a corrected return for each office with the municipal clerk and the Secretary of the State showing (A) the final votes after any recanvass, pursuant to sections 9-311 to 9-311b, inclusive, of the general statutes, the votes on verifiable ballots and the totals, and (B) the number of verifiable ballots received from applicants, the number rejected and the number counted, as reported by the registrars of voters.

(4) The provisions of the general statutes concerning procedures relating to counting ballots shall apply as nearly as may be possible, in the manner prescribed by the Secretary of the State, to counting verifiable ballots under this section.

(e) Immediately after each election day, the registrars of voters shall send a confirmation to the residential address of each applicant who is admitted as an elector on election day under this section. Such confirmation 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. If a confirmation is returned undelivered, the registrars shall refer the matter to the State Elections Enforcement Commission which shall immediately conduct an investigation.

Sec. 2. Section 9-158a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 9-139c, 9-140b, 9-158a to 9-158m, inclusive, as amended by this act, and 9-307:

(1) "Federal election" means any general or special election or any primary held solely or in part for the purpose of selecting, nominating or electing any candidate for the office of President, Vice President, presidential elector, member of the United States Senate or member of the United States House of Representatives;

(2) "Former resident" means a person who was a bona fide resident of a town in this state and who has [removed] moved from that town to another state less than thirty days before the day of a presidential election and who for that reason is unable to register to vote in the election in [his] said person's present town or state of residence;

(3) "Overseas elector" means any person permitted to vote pursuant to subsection (b) of section 9-158b;

(4) "Presidential election" means an election at which electors of President and Vice-President are elected;

(5) "Resident" means a bona fide resident of a town in this state;

(6) "State" includes any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands; and

(7) "United States" includes the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands, but does not include American Samoa, The Canal Zone, the trust territory of the Pacific Islands or any other territory or possession of the United States.

Sec. 3. Subsection (a) of section 9-158b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each citizen of the United States who is at least eighteen years of age, is a [resident or] former resident and [who] has not forfeited [his] such citizen's electoral privileges because of a disfranchising crime, may vote for presidential and vice-presidential electors, but for no other offices, in the town in this state in which [he resides, or] such citizen formerly resided in the manner provided in sections 9-158c to 9-158m, inclusive, as amended by this act.

Sec. 4. Subsection (a) of section 9-158c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) [(1)] Not earlier than forty-five days before the election and not later than the close of the polls on election day, each [resident, or] former resident who desires to vote in a presidential election under sections 9-158a to 9-158m, inclusive, as amended by this act, may apply for a "presidential ballot" to the [municipal clerk] registrars of voters of the town in which [he] such former resident is qualified to vote on the form prescribed in section 9-158d, as amended by this act. Application for a "presidential ballot" may be made in person or absentee, in the manner provided for applying for an absentee ballot under section 9-140, except as provided in said sections 9-158a to 9-158m, inclusive, as amended by this act.

[(2) A municipal clerk shall have the authority to designate a location in a municipal facility for the distribution, completion and processing of presidential ballot applications and the distribution, casting and return of presidential ballots under sections 9-158a to 9-158m, inclusive, on election day. Such municipal clerk may appoint one or more presidential ballot assistants to serve at such location, may delegate to such assistants any of the responsibilities assigned to municipal clerks under said sections, and shall train and supervise such presidential ballot assistants.]

Sec. 5. Subsection (a) of section 9-158d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The application for a presidential ballot shall be a form signed in duplicate by the applicant under penalty of false statement in absentee balloting, which shall provide substantially as follows:

To the [Town Clerk] Registrars of Voters of the Town of ...., Connecticut

I, the undersigned, declare under penalty of false statement in absentee balloting that the following statements are true:

1. I am a citizen of the United States.

2. I have not forfeited my electoral privileges because of conviction of a disfranchising crime.

3. I was born on ...., and on the day of the next presidential election, I shall be at least 18 years of age. [Check and complete 4 or 5, whichever applies:]

[4. RESIDENT. I am a bona fide resident of the above town, to which I am making this application, and I reside at .... Street. I moved to said town on the .... day of ...., 20... Before becoming a resident of said town, I resided at .... Street, in the Town of .... County of ...., State of ....]

[5.] 4. FORMER RESIDENT. I am a former resident of the above town, to which I am making this application, and resided at .... Street therein. I moved from such town to my present town and state of residence on the .... day of ...., 20.., being within thirty days before the date of the next presidential election, and for that reason I cannot register to vote in said presidential election in my present town and state of residence. I am now a bona fide resident of the Town of ...., in the state of ...., now residing at .... Street therein.

[6.] 5. I hereby apply for a "presidential ballot" for the election to be held on ...., 20... I have not voted and will not vote otherwise than by this ballot at that election. I am not eligible to vote for electors of President and Vice-President [in any other town in Connecticut or] in any other state.

[7.] 6. The said ballot is to be given to me personally mailed to me at

.... (bona fide mailing address)

Dated at ...., this .... day of .... 20...

.... (Signature of applicant)

Sec. 6. Subsection (a) of section 9-158e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person applying for a presidential ballot in person shall present: (1) A current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. The application for a presidential ballot by mail shall be accompanied by: (A) A copy of a current and valid photo identification, or (B) a copy of a current utility bill, bank statement, government check, paycheck or government document that shows the name and address of the voter. Upon receipt of an application for a presidential ballot under sections 9-158a to 9-158m, inclusive, as amended by this act, the [clerk] registrars of voters, if satisfied that the application is proper and that the applicant is qualified to vote under said sections, shall forthwith give or mail to the applicant, as the case may be, a ballot for presidential and vice-presidential electors for use at the election and instructions and envelopes for its return. At such time the [clerks] registrars of voters shall also mail a duplicate of the application to the appropriate official of [(i) the state or the town in this state in which the applicant last resided in the case of an applicant who is a resident, or (ii)] the state [or the town in this state] in which the applicant now resides. [in the case of an applicant who is a former resident.]

Sec. 7. Section 9-158j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Upon receipt of an application for a "Presidential Ballot" by the registrars of voters or "Overseas Ballot" by the town clerk, the registrars of voters or town clerk, as applicable, shall forthwith [notify the registrars of voters of the applicant's name, with a notation designating him] designate the applicant as a person voting for presidential and vice-presidential electors or federal offices only. If the name of a presidential voter [who is a former resident] appears on the registry list, the registrars of voters or assistant registrars of voters, as the case may be, shall insert the letters "pf" in red ink within the margin preceding [his] the voter's name and address. The registrars of voters shall prepare a list of names and addresses of presidential voters and overseas electors whose names do not appear on the registry list, for each voting district, [which] if district counting is used. Such list shall accompany the official check list to be used at such election in such district. [The registrars shall insert the letters "pf" in the margin of such list of presidential voters preceding the name of each applicant who is a former resident.] If central counting is used, such list shall go to central counting.

Sec. 8. Section 9-158k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [municipal clerk] registrars of voters shall file each duplicate application or other official information received by [him] such registrars of voters from another state, [or from another town in this state,] indicating that a person who formerly resided [or presently resides] in such town has made application to vote at a presidential election in such other state, [or town,] and shall maintain an alphabetical index of such information for a period of one hundred eighty days after the election. The [clerk] registrars of voters shall compare each such application or statement of information with applications made under the provisions of sections 9-158a to 9-158m, inclusive, as amended by this act, and, after the election, with the names checked off as having voted on the check list for the election, to ascertain that any such person has not voted more than once. Whenever the record indicates that any person has applied for a presidential ballot and indicated in [his] such person's application that [he] such person is applying as a former resident, and there is record evidence that such person has applied in another state [or town] as a new resident, the applicant's ballot shall not be cast in [his] such person's former town of residence.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

This bill allows certain people to register to vote on Election Day. The additional work required of registrars of voters and voting day personnel could result in a potential cost to some municipalities for temporary employees.

Same day registration for elections may result in increased complaints to the State Elections Enforcement Commission (SEEC), which may result in additional costs to the SEEC for more investigations. The complaints may arise for allegations of voter fraud, as well as complaints against election officials for failing to follow appropriate procedures, or from a denial of voter registration. If the SEEC receives a high volume of complaints, an additional Investigator with an associated salary of $71,439 plus fringe benefits may be necessary.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sHB 6435

AN ACT CONCERNING ELECTION DAY REGISTRATION AND PRESIDENTIAL BALLOT PROCEDURES.

SUMMARY:

This bill allows certain people to register to vote on Election Day, the day a regular state or municipal election is held.  It establishes Election Day registration procedures, including the use of “verifiable ballots” by applicants whose qualifications for admission as electors cannot be determined.  

It also eliminates the use of presidential ballots for state residents and shifts responsibilities for presidential (but not overseas) ballots from town clerks to registrars of voters.

EFFECTIVE DATE: Upon passage

ELECTION DAY REGISTRATION

Eligibility

The bill permits anyone to register and vote on Election Day if he or she (1) is not an elector (i.e., registered voter), (2) does not have a voter registration application pending, and (3) meets the eligibility requirements for voting in this state. Election Day does not include the day that a primary or referendum is held; thus, state residents cannot register and vote on these days.

Application

The bill requires Election Day registration applicants to provide the same information as people who apply for registration before this date. This means they must state under penalty of perjury (1) their name, bona fide street address, date of birth, and citizenship; (2) whether they are disenfranchised because of a criminal conviction; and (3) whether they were previously registered to vote in another town in the state.  They must present their birth certificate, driver's license, or Social Security card to the admitting official for inspection.

The bill requires the applicant to appear in person at a location designated by the registrars of voters on Election Day and declare under oath that he or she has not previously voted in the election.  

If the applicant's ID does not include proof of his or her residential address, he or she must submit a U.S. passport, military ID card, learner's permit, utility bill due within 30 days after the election, or current college registration or fee statement that includes his or her name and current address. The bill allows college students to present their student photo ID in lieu of the identification currently required by law.

The registrars of voters must check the statewide voter registry to determine if the applicant is registered to vote in another town in this state. If the applicant is registered in another town but states a desire to change his or her town of registration, the registrars must follow the process under current law for removing the elector's name from the registry list in the prior town. Under this process, the registrars must send a notice of cancellation to the registrars of voters in the other town who must erase the elector's name from that town's voter registry list. The bill does not appear to allow this elector to register and vote on Election Day.

Voting by Qualified Applicants

The registrars of voters must give a voting ballot and privacy sleeve to applicants that they admit as electors. Though the newly admitted elector must secretly mark the ballot in the presence of the registrars and place it in a privacy sleeve, he or she must give it to the registrars of voters who must “deliver” it for the “election official” to insert it into the voting tabulator for counting (see COMMENT). The process for casting a ballot on Election Day is unclear because the bill does not specify where the voting tabulator is located (i.e., at a polling place) or when the registrars must “deliver” the ballot to the tabulator.

Immediately after each Election Day, the registrars of voters must send a confirmation by first-class mail to the residential address of each applicant admitted as an elector on that day.  The registrars must ask that the confirmation be returned if not deliverable at the address shown.  If it is returned undelivered, the registrars must refer the matter to the State Elections Enforcement Commission for an immediate investigation.

Voting By Applicants Whose Qualifications are Undetermined

Application for a Verifiable Ballot. Applicants who are not admitted as electors because the registrars of voters cannot, for whatever reason, determine their qualifications may (1) apply for a verifiable ballot and (2) receive one after they declare under oath that they have not previously voted in the election. The verifiable ballot application form, which the secretary of the state prescribes, must be executed before an election official and include a written affirmation that anyone willfully making a false statement on it is subject to the penalty for false statement in absentee balloting, a class D felony punishable by up to five years in prison, a $5,000 fine, or both.

The applicant must affirm that he or she:

1. is an elector in a specified town,

2. is eligible to vote in the election taking place in the specified town and at a specified polling place,

3. lives in the district served by the polling place,

4. has not voted and will not otherwise vote during the election, and

5. is applying for a verifiable ballot.

The applicant must also affirm that the registrars of voters were unable to determine his or her qualifications to be an elector.

Voting by Verified Ballot. Once the registrars of voters receive an application for a verifiable ballot, they must provide it and a numbered envelope and record issuing it on a verifiable ballot inventory form. In the presence of the registrars of voters, the applicant must mark and fold the ballot in a way that maintains its secrecy and seal it in the numbered envelope in the manner prescribed by the secretary of the state.

The registrars of voters must (1) give the applicant information that allows him or her to later verify if his or her verifiable ballot was counted and (2) put the verifiable ballot and envelope in a verifiable ballot depository envelope. The applicant must then immediately leave the room.

The registrars of voters must provide a restricted, free access system so that the applicant completing a verifiable ballot can verify that his or her ballot was counted and if not, the reason why.

The registrars of voters must:

1. immediately after the polls close, verify the information contained with each verifiable ballot and cause a notice of registration to be sent to the home address of person who cast the ballot;

2. mark the ballot “rejected” if the notice is returned as undeliverable, include the reason for the rejection, and sign it;

3. verify and count all verifiable ballots in their town not later than six days after the election;

4. prepare and sign, in duplicate, a report showing the number of verifiable ballots received from applicants, the number rejected, and the number counted, including the additional votes counted for each candidate for office on the verifiable ballots;

5. seal a “report”, presumably, the above-described ballot report, in the depository envelope with the verifiable ballots and store the envelope with other election results material; and

6. preserve the depository envelope for the same period of time required to preserve counted ballots for elections, 180 days after the election.

The head moderator must file a corrected return for each office with the town clerk and secretary of the state showing (1) the final votes after any recount, the votes on verifiable ballots, and vote totals and (2) the number of verifiable ballots received from applicants, the number rejected, and the number counted, as reported by the registrars of voters. The secretary of the state must prescribe the procedure for counting verifiable ballots, which must comply as nearly as possible with existing counting procedures. It is unclear which procedures the bill is referencing because the law establishes different counting procedures for provisional and absentee ballots.

PRESIDENTIAL BALLOTS

The bill removes the provision for Connecticut residents to vote by presidential ballot, leaving the procedures in place only for former state residents.  Current law allows unregistered Connecticut residents and former state residents who move to another state after its deadline to register to apply for a presidential ballot and vote for candidates for president and vice-president, but no other offices. Under the bill, unregistered state residents would instead follow the Election Day registration procedures.

With a few exceptions, the application and voting procedures (which include the requirement to show current identification) remain the same as under current law. The exceptions are that (1) applications for presidential ballots must be submitted to the registrars of voters, rather than the town clerk, in the town where the applicant is qualified to vote; (2) assistant registrars, instead of just registrars, may indicate in the margins if a presidential voter's name appears on the registry list; and (3) registrars or assistant registrars must make the margin notation in red ink.

By law, registrars must prepare a list of the names and addresses of presidential voters and overseas electors. The bill requires that the list go to either the voting district or central counting as appropriate (see COMMENT).

COMMENTS

Voting By Qualified Applicants

By requiring registrars of voters, rather than voters, to place the voters' ballots into the voting tabulator, the bill appears to violate federal voter privacy and ballot confidentiality laws, including the 2002 Help America Vote Act (P.L. 107-252, 42 USC § 15301 et seq.).

Overseas Ballots

The law requires town clerks to receive overseas ballots and give the names of people voting in this manner to the registrars of voters. The registrars prepare a list, for each voting district, of the overseas electors whose names do not appear on the registry list. The list accompanies the official check list in the districts. The bill eliminates the requirement for town clerks to give the names of overseas electors to registrars of voters but leaves the remainder of the process in place. Thus, it is unclear how the registrars will be able to identify overseas electors.

COMMITTEE ACTION

Government Administration and Elections Committee

Joint Favorable Substitute