General Assembly Committee Bill No. 5651
January Session, 2021 LCO No. 4904
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING ABSENTEE BALLOTS FOR CERTAIN
DETAINED INDIVIDUALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 9-14a of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective from passage):
3 (a) Any [person] elector in the custody of the state or a municipality
4 being held at a community correctional center, [or] a correctional
5 institution [, whose voting rights have not been denied] or a lockup, as
6 defined in section 7-135, and whose privileges as an elector have not
7 been forfeited by reason of conviction of any disfranchising crime, shall
8 be deemed to be absent from the [town or city of which he] municipality
9 of which such elector is an inhabitant for purposes of voting,
10 notwithstanding that such center or institution may be situated within
11 such [town or city] municipality.
12 (b) In the case of any such elector described in subsection (a) of this
13 section, the administrative head of any such center, institution or lockup
14 shall distribute to such elector an absentee ballot application if it is
15 expected that such elector will be unable to appear at the polling place
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16 on the day of any election, primary or referendum. Such administrative
17 head shall assist in returning any such completed application to the
18 registrars of voters of the municipality of which such elector is an
19 inhabitant. In carrying out the duties of this subsection, such
20 administrative head shall comply with the provisions of section 9-140.
21 Sec. 2. Subsections (a) and (b) of section 9-140b of the general statutes
22 are repealed and the following is substituted in lieu thereof (Effective
23 from passage):
24 (a) An absentee ballot shall be cast at a primary, election or
25 referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a
26 designee of a person who applies for an absentee ballot (i) because of
27 illness or physical disability, or (ii) because such person is in the custody
28 of the state or a municipality, as described in section 9-14a, as amended
29 by this act, or (C) a member of the immediate family of an applicant who
30 is a student, so that it is received by the clerk of the municipality in
31 which the applicant is qualified to vote not later than the close of the
32 polls; (2) it is returned in person by the applicant [in person] to the clerk
33 by the day before a regular election, special election or primary or prior
34 to the opening of the polls on the day of a referendum; (3) it is returned
35 in person by a designee of (A) an ill or physically disabled ballot
36 applicant, [in person] or (B) a ballot applicant who is in the custody of
37 the state or a municipality, as described in section 9-14a, as amended by
38 this act, to said clerk not later than the close of the polls on the day of
39 the election, primary or referendum; (4) it is returned by a member of
40 the immediate family of the absentee voter, in person, to said clerk not
41 later than the close of the polls on the day of the election, primary or
42 referendum; (5) in the case of a presidential or overseas ballot, it is
43 mailed or otherwise returned pursuant to the provisions of section 9-
44 158g; or (6) it is returned with the proper identification as required by
45 the Help America Vote Act, P.L. 107-252, as amended from time to time,
46 if applicable, inserted in the outer envelope so such identification can be
47 viewed without opening the inner envelope. A person returning an
48 absentee ballot to the municipal clerk pursuant to subdivision (3) or (4)
49 of this subsection shall present identification and, on the outer envelope
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50 of the absentee ballot, sign his name in the presence of the municipal
51 clerk, and indicate his address, his relationship to the voter or his
52 position, and the date and time of such return. As used in this section,
53 "immediate family" means a dependent relative who resides in the
54 individual's household or any spouse, child or parent of the individual.
55 (b) As used in this section and section 9-150c, "designee" means (1) a
56 person who is caring for the applicant because of the applicant's illness
57 or physical disability, including but not limited to, a licensed physician
58 or a registered or practical nurse, (2) a member of the applicant's family,
59 who is designated by an absentee ballot applicant and who consents to
60 such designation, [or] (3) the administrative head of any community
61 correctional center, correctional institution or lockup at which the
62 applicant who is in the custody of the state or a municipality, as
63 described in section 9-14a, as amended by this act, is being held, or (4) if
64 no such person consents or is available, then a police officer, registrar of
65 voters, deputy registrar of voters or assistant registrar of voters in the
66 municipality in which the applicant resides.
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-14a
Sec. 2 from passage 9-140b(a) and (b)
Statement of Purpose:
To allow certain individuals detained in correctional facilities to submit
absentee ballot applications and be able to cast an absentee ballot if they
expect to be unable to appear at the polling place on the day of any
election, primary or referendum.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. ROSARIO, 128th Dist.; REP. WINKLER, 56th Dist.
REP. MICHEL, 146th Dist.
H.B. 5651
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Statutes affected:
Committee Bill: 9-14a