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 Section 9-35 of the general statutes, as amended by section 24 of public act 97-154, is repealed and the following is substituted in lieu thereof: The registrars, on the Tuesday of the fifth week before each regular election, shall be in session for the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