Substitute Senate Bill No. 1026
         Substitute Senate Bill No. 1026

              PUBLIC ACT NO. 97-176


AN  ACT  REFORMING ABSENTEE VOTING LAWS TO PROTECT
AGAINST ABUSES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  9-140b  of  the  general
statutes  is  repealed   and   the   following  is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; or (4)  in  the case of a presidential
or overseas ballot,  it  is  mailed  or  otherwise
returned pursuant to  the  provisions  of  section
9-158g.
    (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. 2. This  act  shall  take  effect July 1,
1997.

Approved June 24, 1997