General Assembly Raised Bill No. 485
February Session, 2020 LCO No. 3022
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING VARIOUS PROCEDURES SURROUNDING
ABSENTEE VOTING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Subsections (a) and (b) of section 9-159q of the general
2 statutes are repealed and the following is substituted in lieu thereof
3 (Effective from passage):
4 (a) As used in this section:
5 (1) "Institution" means a veterans' health care facility, residential care
6 home, health care facility for the handicapped, nursing home, rest home,
7 mental health facility, alcohol or drug treatment facility, an infirmary
8 operated by an educational institution for the care of its students, faculty
9 and employees or an assisted living facility; [and]
10 (2) "Public housing complex" means a complex of dwelling units
11 owned or managed by a housing authority; and
12 [(2)] (3) "Designee" means an elector of the same town and political
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13 party as the appointing registrar of voters which elector is not an
14 employee of (A) the institution at which supervised voting is conducted
15 or, (B) the housing authority that owns or manages the public housing
16 complex at which supervised voting is conducted.
17 (b) Notwithstanding any provision of the general statutes to the
18 contrary, if less than twenty of the patients in any institution in the state
19 are electors, absentee ballots voted by such electors shall, upon request
20 of either registrar of voters in the town of such electors' voting residence
21 or the administrator of such institution, be voted under the supervision
22 of such registrars of voters or their designees, which may include one or
23 more members of the League of Women Voters, in accordance with the
24 provisions of this section. The registrars of voters of a town other than
25 the town in which an institution is located may refuse a request by the
26 administrator of such institution when, in their written opinion, the
27 registrars agree that such request is unnecessary, in which case this
28 section shall not apply. Such registrars shall inform the administrator
29 and the town clerk of the electors' town of voting residence of their
30 refusal.
31 Sec. 2. Subsection (l) of section 9-159q of the general statutes is
32 repealed and the following is substituted in lieu thereof (Effective from
33 passage):
34 (l) (1) Notwithstanding any provision of the general statutes, if a town
35 clerk receives twenty or more absentee ballot applications from the same
36 street address in a town, including, but not limited to, an apartment
37 building or complex, absentee ballots voted by the electors submitting
38 such applications may, at the discretion of the registrars of voters of such
39 town, be voted under the supervision of such registrars of voters or their
40 designees in accordance with the same procedures set forth in this
41 section for supervised absentee voting at institutions.
42 (2) Notwithstanding any provision of the general statutes, if a town
43 clerk receives thirty or more absentee ballot applications from the same
44 public housing complex, as determined by the name of such complex,
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45 in a town, absentee ballots voted by the electors submitting such
46 applications shall be voted under the supervision of the registrars of
47 voters of such town or their designees in accordance with the same
48 procedures set forth in this section for supervised absentee voting at
49 institutions.
50 Sec. 3. Section 9-359 of the general statutes is repealed and the
51 following is substituted in lieu thereof (Effective from passage):
52 Any (1) person who executes an absentee ballot for the purpose of
53 informing any other person how he votes, or procures any absentee
54 ballot to be prepared for such purpose, (2) municipal clerk or moderator,
55 elector appointed to count any absentee ballot or other person who
56 wilfully attempts to ascertain how any elector marked his absentee
57 ballot or how it was cast, (3) person who unlawfully opens or fills out,
58 except as provided in section 9-140a with respect to a person unable to
59 write, any elector's absentee ballot signed in blank, (4) person
60 designated under section 9-140a who executes an absentee ballot
61 contrary to the elector's wishes, [or] (5) state or municipal employee who
62 is not a designee, as defined in subsection (b) of section 9-140b, and who
63 is otherwise not authorized by any provision of the general statutes to
64 possess a ballot or ballot envelope, or (6) person who wilfully violates
65 any provision of chapter 145, shall be guilty of a class D felony.
66 Sec. 4. Section 9-323 of the general statutes is repealed and the
67 following is substituted in lieu thereof (Effective from passage):
68 Any elector or candidate who claims that he or she is aggrieved by
69 any ruling of any election official in connection with any election for
70 presidential electors and for a senator in Congress and for
71 representative in Congress or any of them, held in his or her town, or
72 that there was a mistake in the count of the votes cast at such election
73 for candidates for such electors, senator in Congress and representative
74 in Congress, or any of them, at any voting district in his or her town, or
75 any candidate for such an office or elector who claims that he or she is
76 aggrieved by a violation of any provision of section 9-355, 9-357 to 9-361,
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77 inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at such
78 election, may bring his or her complaint to any judge of the Supreme
79 Court, in which he or she shall set out the claimed errors of such election
80 official, the claimed errors in the count or the claimed violations of said
81 sections. In any action brought pursuant to the provisions of this section,
82 the complainant shall file a certification attached to the complaint
83 indicating that a copy of the complaint has been sent by first-class mail
84 or delivered to the State Elections Enforcement Commission. If such
85 complaint is made prior to such election, such judge shall proceed
86 expeditiously to render judgment on the complaint and shall cause
87 notice of the hearing to be given to the Secretary of the State and the
88 State Elections Enforcement Commission. If such complaint is made
89 subsequent to the election, it shall be brought not later than fourteen
90 days after the election or, if such complaint is brought in response to the
91 manual tabulation of paper ballots authorized pursuant to section 9-
92 320f, such complaint shall be brought not later than seven days after the
93 close of any such manual tabulation, and in either such circumstance,
94 the judge shall forthwith order a hearing to be had upon such complaint,
95 upon a day not more than five or less than three days from the making
96 of such order, and shall cause notice of not less than three or more than
97 five days to be given to any candidate or candidates whose election may
98 be affected by the decision upon such hearing, to such election official,
99 to the Secretary of the State, to the State Elections Enforcement
100 Commission and to any other party or parties whom such judge deems
101 proper parties thereto, of the time and place for the hearing upon such
102 complaint. Such judge, with two other judges of the Supreme Court to
103 be designated by the Chief Court Administrator, shall, on the day fixed
104 for such hearing and without unnecessary delay, proceed to hear the
105 parties. If sufficient reason is shown, such judges may order any voting
106 tabulators to be unlocked, [or] any ballot boxes to be opened or any
107 recanvass or audit materials to be produced and a recount of the votes
108 cast, including absentee ballots, to be made. Such judges shall
109 thereupon, in the case they, or any two of them, find any error in the
110 rulings of the election official, any mistake in the count of such votes or
111 any violation of said sections, certify the result of their finding or
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112 decision, or the finding or decision of a majority of them, to the Secretary
113 of the State before the first Monday after the second Wednesday in
114 December. Such judges may order a new election or a change in the
115 existing election schedule, provided such order complies with Section
116 302 of the Help America Vote Act, P.L. 107-252, as amended from time
117 to time. Such certificate of such judges, or a majority of them, shall be
118 final upon all questions relating to the rulings of such election officials,
119 to the correctness of such count and, for the purposes of this section
120 only, such claimed violations, and shall operate to correct the returns of
121 the moderators or presiding officers so as to conform to such finding or
122 decision.
123 Sec. 5. Section 9-324 of the general statutes is repealed and the
124 following is substituted in lieu thereof (Effective from passage):
125 Any elector or candidate who claims that such elector or candidate is
126 aggrieved by any ruling of any election official in connection with any
127 election for Governor, Lieutenant Governor, Secretary of the State, State
128 Treasurer, Attorney General, State Comptroller or judge of probate, held
129 in such elector's or candidate's town, or that there has been a mistake in
130 the count of the votes cast at such election for candidates for said offices
131 or any of them, at any voting district in such elector's or candidate's
132 town, or any elector or any candidate for such an office who claims that
133 such elector or candidate, as applicable, is aggrieved by a violation of
134 any provision of section 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or
135 9-365 in the casting of absentee ballots at such election or any candidate
136 for the office of Governor, Lieutenant Governor, Secretary of the State,
137 State Treasurer, Attorney General or State Comptroller, who claims that
138 such candidate is aggrieved by a violation of any provision of sections
139 9-700 to 9-716, inclusive, may bring such elector's or candidate's
140 complaint to any judge of the Superior Court, in which such elector or
141 candidate shall set out the claimed errors of such election official, the
142 claimed errors in the count or the claimed violations of said sections. In
143 any action brought pursuant to the provisions of this section, the
144 complainant shall send a copy of the complaint by first-class mail, or
145 deliver a copy of the complaint by hand, to the State Elections
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146 Enforcement Commission. If such complaint is made prior to such
147 election, such judge shall proceed expeditiously to render judgment on
148 the complaint and shall cause notice of the hearing to be given to the
149 Secretary of the State and the State Elections Enforcement Commission.
150 If such complaint is made subsequent to the election, it shall be brought
151 not later than fourteen days after the election or, if such complaint is
152 brought in response to the manual tabulation of paper ballots
153 authorized pursuant to section 9-320f, such complaint shall be brought
154 not later than seven days after the close of any such manual tabulation
155 and, in either such circumstance, such judge shall forthwith order a
156 hearing to be had upon such complaint, upon a day not more than five
157 nor less than three days from the making of such order, and shall cause
158 notice of not less than three nor more than five days to be given to any
159 candidate or candidates whose election may be affected by the decision
160 upon such hearing, to such election official, the Secretary of the State,
161 the State Elections Enforcement Commission and to any other party or
162 parties whom such judge deems proper parties thereto, of the time and
163 place for the hearing upon such complaint. Such judge shall, on the day
164 fixed for such hearing and without unnecessary delay, proceed to hear
165 the parties. If sufficient reason is shown, such judge may order any
166 voting tabulators to be unlocked, [or] any ballot boxes to be opened or
167 any recanvass or audit materials to be produced and a recount of the
168 votes cast, including absentee ballots, to be made. Such judge shall
169 thereupon, in case such judge finds any error in the rulings of the
170 election official, any mistake in the count of the votes or any violation of
171 said sections, certify the result of such judge's finding or decision to the
172 Secretary of the State before the fifteenth day of the next succeeding
173 December. Such judge may order a new election or a change in the
174 existing election schedule. Such certificate of such judge of such judge's
175 finding or decision shall be final and conclusive upon all questions
176 relating to errors in the rulings of such election officials, to the
177 correctness of such count, and, for the purposes of this section only, such
178 claimed violations, and shall operate to correct the returns of the
179 moderators or presiding officers, so as to conform to such finding or
180 decision, unless the same is appealed from as provided in section 9-325.
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181 Sec. 6. Section 9-328 of the general statutes is repealed and the
182 following is substituted in lieu thereof (Effective from passage):
183 Any elector or candidate claiming to have been aggrieved by any
184 ruling of any election official in connection with an election for any
185 municipal office or a primary for justice of the peace, or any elector or
186 candidate claiming that there has been a mistake in the count of votes
187 cast for any such office at such election or primary, or any elector or any
188 candidate in such an election or primary claiming that he or she is
189 aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-
190 361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at
191 such election or primary, may bring a complaint to any judge of the
192 Superior Court for relief therefrom. In any action brought pursuant to
193 the provisions of this section, the complainant shall send a copy of the
194 complaint by first-class mail, or deliver a copy of the complaint by hand,
195 to the State Elections Enforcement Commission. If such complaint is
196 made prior to such election or primary, such judge shall proceed
197 expeditiously to render judgment on the complaint and shall cause
198 notice of the hearing to be given to the Secretary of the State and the
199 State Elections Enforcement Commission. If such complaint is made
200 subsequent to such election or primary, it shall be brought not later than
201 fourteen days after such election or primary, except that if such
202 complaint is brought in response to the manual tabulation of paper
203 ballots, authorized pursuant to section 9-320f, such complaint shall be
204 brought not later than seven days after the close of any such manual
205 tabulation, to any judge of the Superior Court, in which he or she shall
206 set out the claimed errors of the election official, the claimed errors in
207 the count or the claimed violations of said sections. Such judge shall
208 forthwith order a hearing to be had upon such complaint, upon a day
209 not more than five nor less than three days from the making of such
210 order, and shall cause notice of not less than three nor more than five
211 days to be given to any candidate or candidates whose election or
212 nomination may be affected by the decision upon such hearing, to such
213 election official, the Secretary of the State, the State Elections
214 Enforcement Commission and to any other party or parties whom such
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215 judge deems proper parties thereto, of the time and place for the hearing
216 upon such complaint. Such judge shall, on the day fixed for such hearing
217 and without unnecessary delay, proceed to hear the parties. If sufficient
218 reason is shown, [he] such judge may order any voting tabulators to be
219 unlocked, [or] any ballot boxes to be opened or any recanvass or audit
220 materials to be produced and a recount of the votes cast, including
221 absentee ballots, to be made. Such judge shall thereupon, if he or she
222 finds any error in the rulings of the election official or any mistake in the
223 count of the votes, certify the result of his or her finding or decision to
224 the Secretary of the State before the tenth day succeeding the conclusion
225 of the hearing. Such judge may order a new election or primary or a
226 change in the existing election schedule. Such certificate