Bill Summary – FastDemocracy

General Assembly                       Raised Bill No. 477
       February Session, 2020                LCO No. 2835
     Referred to Committee on GOVERNMENT ADMINISTRATION
     AND ELECTIONS
     Introduced by:
       (GAE)
 AN ACT CONCERNING ELIGIBILITY FOR ADMISSION AS AN
 ELECTOR AND CERTAIN ASSISTANCE IN VOTING.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 9-12 of the general statutes is repealed and the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 has attained the age of
   eighteen years, and who is a bona fide resident of the town to which the
   citizen applies for admission as an elector shall, on approval by the
   registrars of voters or town clerk of the town of residence of such citizen,
   as prescribed by law, be an elector, except as provided in subsection (b)
   of this section. Prior to admission as an elector, any such citizen who has
   a developmental disability, as determined by a licensed physician who
   specializes in primary care, or the citizen's legal representative, shall
   certify under oath that the citizen meets the qualifications set forth in
   this subsection. For purposes of this section, (1) a person shall be
   deemed to have attained the age of eighteen years on the day of the
   person's eighteenth birthday, [and] (2) a person shall be deemed to be a
 LCO No. 2835                                                              1 of 10
                                                           Raised Bill No.   477
 bona fide resident of the town to which the citizen applies for admission
 as an elector if such person's dwelling unit is located within the
 geographic boundaries of such town, [No mentally incompetent person
 shall be admitted as an elector] and (3) "legal representative" has the
 same meaning as provided in section 17a-488.
    (b) Any citizen who will have attained the age of eighteen years on or
 before the day of a regular election may apply for admission as an
 elector. At the time of such application, any such citizen who has a
 developmental disability, as determined by a licensed physician who
 specializes in primary care, or the citizen's legal representative, shall
 certify under oath that the citizen meets each other qualification set forth
 in subsection (a) of this section. If such citizen is found to be qualified,
 the citizen shall become an elector on the day of the citizen's 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 enrollment 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 enrollment lists for the voting district.
    Sec. 2. Section 9-261 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective from passage):
    (a) In each primary, election or referendum, when an elector has
 entered the polling place, the elector shall announce the elector's street
 address, if any, and the elector's name to the official checker or checkers
 in a tone sufficiently loud and clear as to enable all the election officials
 present to hear the same. Each elector who registered to vote by mail for
 the first time on or after January 1, 2003, and has a "mark" next to the
 elector's name on the official registry list, as required by section 9-23r,
 shall present to the official checker or checkers, before the elector votes,
 either a current and valid photo identification that shows the elector's
 name and address or a copy of a current utility bill, bank statement,
 government check, paycheck or other government document that shows
 the name and address of the elector. Each other elector shall (1) present
 to the official checker or checkers the elector's Social Security card or any
     LCO No. 2835                                                             2 of 10
                                                            Raised Bill No.   477
 other preprinted form of identification which shows the elector's name
 and either the elector's address, signature or photograph, or (2) on a
 form prescribed by the Secretary of the State, write the elector's
 residential address and date of birth, print the elector's name and sign a
 statement under penalty of false statement that the elector is the elector
 whose name appears on the official checklist. Such form shall clearly
 state the penalty of false statement. A separate form shall be used for
 each elector. If the elector presents a preprinted form of identification
 under subdivision (1) of this subsection, the official checker or checkers
 shall check the name of such elector on the official checklist, manually
 on paper or electronically. If the elector completes the form under
 subdivision (2) of this subsection, the registrar of voters or the assistant
 registrar of voters, as the case may be, shall examine the information on
 such form and either instruct the official checker or checkers to check
 the name of such elector on the official checklist, manually on paper or
 electronically, or notify the elector that the form is incomplete or
 inaccurate.
    (b) In the event that an elector is present at the polling place but is
 unable to gain access to the polling place due to a temporary incapacity,
 the elector may request that the ballot be brought to him or her. The
 registrars of voters or the assistant registrars of voters, as the case may
 be, shall take such ballot, along with a privacy sleeve to such elector.
 The elector shall show identification, in accordance with the provisions
 of this section. The elector shall forthwith mark the ballot in the presence
 of the election officials in such manner that the election officials shall not
 know how the ballot is marked. The elector shall place the ballot in the
 privacy sleeve. The election officials shall mark the elector's name on the
 official voter list, manually on paper or electronically, as having voted
 in person and 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. The moderator shall record such activity
 in the moderator's diary.
    (c) In each polling place in which two or more parties are holding
 primaries in which unaffiliated electors are authorized to vote, pursuant
     LCO No. 2835                                                              3 of 10
                                                           Raised Bill No.   477
 to section 9-431, an unaffiliated elector shall also announce to the
 separate table of the official checker or checkers for unaffiliated electors
 the party in whose primary the elector chooses to vote and the official
 checker or checkers shall note such party when checking such elector's
 name on the checklist of unaffiliated electors, manually on paper or
 electronically, provided such choice shall not alter the elector's
 unaffiliated status.
    (d) In each polling place in which two or more parties are holding
 primaries in which unaffiliated electors are authorized to vote or in
 which one party is holding a primary in which unaffiliated electors are
 authorized to vote for some but not all offices to be contested at the
 primary, the official checker or checkers shall give to each elector
 checked manually on paper or electronically, a receipt provided by the
 registrars of voters, in a form prescribed by the Secretary of the State,
 specifying either (1) the party with which the elector is enrolled, if any,
 or (2) in the case of an unaffiliated elector, the party in whose primary
 the elector has so chosen to vote, and whether the elector is authorized
 to vote for only a partial ballot.
    (e) If not challenged by anyone lawfully present in the polling place,
 the elector shall be permitted to pass to the separated area to receive the
 ballot. The elector shall give any receipt the elector has received to a
 ballot clerk who shall give the elector a ballot to vote only in the primary
 of the party specified by the receipt. The elector shall be permitted into
 the voting booth area, and shall then register his or her vote in secret,
 except as provided in subsection (f) of this section. Having voted, the
 elector shall immediately exit the voting booth area and deposit the
 ballot in the voting tabulator and leave the room. No elector shall remain
 within the voting booth longer than the time necessary to complete the
 ballot, and, if the elector refuses to leave such booth after completing the
 ballot, the elector shall at once be removed by the election officials upon
 order of the moderator. Not more than one elector at a time shall be
 permitted to be within the enclosed space which the elector occupies
 while the elector completes his or her ballot, [provided] except that an
 elector may be accompanied within such enclosed space by (1) one or
      LCO No. 2835                                                            4 of 10
                                                             Raised Bill No.   477
 more children who are fifteen years of age or younger and supervised
 by the elector, if the elector is the parent or legal guardian of such
 children, or (2) an elector with a developmental disability, as described
 in section 9-12, as amended by this act, pursuant to subsection (f) of this
 section. If any elector, after entering the voting booth area, asks for
 further instruction concerning the manner of voting, the election
 officials shall give such instructions or directions to the elector; but no
 election official instructing or assisting an elector, except as provided in
 section 9-264, shall look at the ballot in such a way as to see the elector's
 markings or in any manner seek to influence any such elector in the
 casting of the elector's vote.
    (f) In the case of an elector with a developmental disability, as
 described in section 9-12, as amended by this act, the legal
 representative of such elector may assist such elector in performing any
 action under this section, provided such legal representative shall
 present to the registrar of voters or assistant registrar of voters, as the
 case may be, information sufficient to prove such a relationship with
 such elector.
    Sec. 3. Section 9-19j of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective from passage):
    (a) As used in this subsection and subsections (b) to [(i)] (j), inclusive,
 of this section, "election day" means the day on which a regular election,
 as defined in section 9-1, is held.
     (b) Notwithstanding the provisions of this chapter, a person who (1)
 is (A) not an elector, or (B) an elector registered in a municipality who
 wishes to change his or her registration to another municipality
 pursuant to the provisions of subdivision (2) of subsection (e) of this
 section, and (2) meets the eligibility requirements under subsection (a)
 of section 9-12, as amended by this act, may apply for admission as an
 elector on election day pursuant to the provisions of subsections (a) to
 [(i)] (j), inclusive, of this section.
   (c) (1) The registrars of voters shall designate a location for the
      LCO No. 2835                                                              5 of 10
                                                            Raised Bill No.   477
 completion and processing of election day registration applications on
 election day, provided the registrars of voters have access to the state-
 wide centralized voter registration system from such location.
    (2) The registrars of voters may appoint one or more election officials
 to serve at such location and may delegate to such election officials any
 of the responsibilities assigned to the registrars of voters. The registrars
 of voters shall supervise such election officials and train such election
 officials to be election day registration election officials.
    (d) Any person applying to register on election day under the
 provisions of subsections (a) to [(i)] (j), inclusive, of this section shall
 make application in accordance with the provisions of section 9-20,
 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, 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 and subsections (a)
 to [(i)] (j), inclusive, of this section does not include proof of the
 applicant's residential address, the applicant shall also submit
 identification that shows the applicant's bona fide residence address,
 including, but not limited to, a learner's permit issued under section 14-
 36 or a utility bill that has the applicant's name and current address and
 that has a due date that is 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.
    (e) If the registrars of voters determine that an applicant satisfies the
 application requirements set forth in subsection (d) of this section, the
 registrars of voters shall check the state-wide centralized voter
 registration system before admitting such applicant as an elector.
      LCO No. 2835                                                             6 of 10
                                                           Raised Bill No.   477
    (1) If the registrars of voters determine that the applicant is not
 already an elector, the registrars of voters shall admit the applicant as
 an elector and the privileges of an elector shall attach immediately.
    (2) If the registrars of voters determine that 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,
 notwithstanding the provisions of section 9-21, the registrars of voters
 of the municipality in which such elector now seeks to register shall
 immediately notify the registrars of voters in such other municipality
 that such elector is changing the municipality in which the applicant is
 an elector. The registrars of voters in such other municipality shall notify
 the election officials in such municipality to remove such elector from
 the official voter list of such municipality. Such election officials shall
 cross through the elector's name on such official voter list and mark "off"
 next to such elector's name on such official voter list.
    (A) If it is reported that such applicant already voted in such other
 municipality, the registrars of voters of such other municipality shall
 immediately notify the registrars of voters of the municipality in which
 such elector now seeks to register. In such event, such elector shall not
 receive an election day registration ballot from the registrars of voters
 of the municipality in which such elector now seeks to register. For any
 such elector, the election day registration process shall cease in the
 municipality in which such elector now seeks to register and such
 matter shall be reviewed by the registrars of voters in the municipality
 in which such elector now seeks to register. After completion of such
 review, if a resolution of the matter [can not] cannot be made, such
 matter shall be reported to the State Elections Enforcement Commission
 which shall conduct an investigation of the matter.
    (B) If there is no such report that such applicant already voted in the
 other municipality, the registrars of voters of the municipality in which
 the applicant seeks to register shall admit the applicant as an elector and
 the privileges of an elector shall attach immediately.
      LCO No. 2835                                                            7 of 10
                                                           Raised Bill No.   477
    (f) If the applicant is admitted as an elector, the registrars of voters
 shall provide the elector with an election day registration ballot and
 election day registration envelope and shall make a record of such
 issuance. The elector shall complete an affirmation imprinted upon the
 back of the envelope for an election day registration ballot and shall
 declare under oath that the applicant has not previously voted in the
 election. The affirmation shall be in the form substantially as follows and
 signed by the voter:
    AFFIRMATION: I, the undersigned, do hereby state, under penalty
 of false statement, (perjury) that:
   1. I am the person admitted here as an elector in the town indicated.
    2. I am eligible to vote in the election indicated for today in the town
 indicated.
   3. The information on my voter registration card is correct and
 complete.