SB 901 — AN ACT EXTENDING TO JUNE 30, 2021, CHANGES IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT OF COVID-19.

114901 10day SB901of File[the] No.such election, primary or referendum, pursuant to subdivision (1) of subsection (c) of section 9-147a, as amended by this act, the absentee ballot counters shall process, in the manner provided in section 9-150e, as amended by this act, each group of absentee ballots upon receipt from the registrars.

114 upon receipt from the registrars.

(c)LCO (1)3547 For{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009011 the state election in 2020, and any election, primary or referendum held on or after the effective date of this30 sectionR02-SB.docx but} priorRaised toBill JulyNo. 1, 2021, absentee ballots may be processed before the day of [the] such election, primary or referendum in the manner provided in section 9-150e, as amended by this act.

Any901 (c) (1) For the state election in 2020, and any election, primary or referendum held on or after the effective date of this section but prior to July 1, 2021, absentee ballots may be processed before the day of [the] such processingelection, shallprimary takeor placereferendum atin SB901the /manner Fileprovided No.in section 9-150e, as amended by this act.

114Any 11such SB901processing Fileshall No.take place at a central location designated by the registrars of voters in writing to the municipal clerk at least ten days before [the] such election, primary or referendum, which location shall be published in the warning for [the] such election, primary or referendum.

114 a central location designated by the registrars of voters in writing to the municipal clerk at least ten days before [the] such election, primary or referendum, which location shall be published in the warning for [the] such election, primary or referendum.

(a) (1) Except as provided in subdivision (2) of this subsection, the town clerk or assistant town clerk of each town shall warn the electors thereinto meet ontheTuesday following the first Monday inNovember in the even-numbered years, at six o'clock a.m., which warning shall be givenbypublicationinanewspaperhavingageneralcirculationinsuch town, or towns in the case of a joint publication under subsection (b) of thisLCO section,3547 not{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009012 moreof than30 fifteenR02-SB.docx nor} lessRaised thanBill fiveNo. days previous to holding such election.

901 this section, not more than fifteen nor less than five days previous to holding such election.

SB901(2) /For Filethe No.state election in 2020, and any election held pursuant to section 9-211, 9-212, 9-215 or 9-218 on or after the effective date of this section but prior to July 1, 2021, the warning under subsection (a) of this section shall be given not more than seven nor less than four days previous to holding such election.

114 12 SB901 File No.

114 (2) For the state election in 2020, and any election held pursuant to section 9-211, 9-212, 9-215 or 9-218 on or after the effective date of this section but prior to July 1, 2021, the warning under subsection (a) of this section shall be given not more than seven nor less than four days previous to holding such election.

[Notice] Except as provided in subsection (b) of this section, notice of an election of a city or borough shall be given by publishing a warning in a newspaper published within the limits of such city or borough, or having a general circulation therein, not more than fifteen nor less than five days previousLCO to3547 holding{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009013 the election, which warning shall include notice of the30 timeR02-SB.docx and} theRaised locationBill ofNo. the polling place in such city or borough and, in cities and boroughs divided into voting districts, of the time and the location of the polling place in each district.

(b)901 Forprevious anyto municipalholding electionthe heldelection, onwhich orwarning aftershall include notice of the effectivetime dateand ofthe thislocation sectionof butthe priorpolling toplace Julyin 1,such 2021,city theor noticeborough underand, subsectionin (a)cities ofand thisboroughs sectiondivided shallinto bevoting givendistricts, notof morethe thantime sevenand northe lesslocation thanof fourthe dayspolling SB901place /in Fileeach No.district.

114(b) 13For SB901any Filemunicipal No.election held on or after the effective date of this section but prior to July 1, 2021, the notice under subsection (a) of this section shall be given not more than seven nor less than four days previous to holding such election.

114 previous to holding such election.

(2) For any primary for nomination by a political party to a state or district office held on or after the effective date of this section but prior to July 1, 2021, the notice published by the clerk of the town under subdivision (1) of this subsection shall be so published not more than sevenLCO nor3547 less{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009014 thanof four30 daysR02-SB.docx previous} toRaised holdingBill suchNo. election.

901 seven nor less than four days previous to holding such election.

SB901(a) /Except Fileas No.provided in sections 9-418 and 9-419, if in any municipality, within the time specified in section 9-405, a candidacy for nomination by a political party to any municipal office or for election as a town committee member is filed with the registrar, in conformity with the provisions of sections 9-405 to 9-412, inclusive, and section 9-414, by or on behalf of any person other than party-endorsed candidates, the registrar shall forthwith after the deadline for certification of party- endorsed candidatesnotify theclerkofsuchmunicipality that aprimary isto beheldby suchpartyforthenominationofsuchpartytosuchoffice or for theelectionby suchparty oftowncommittee members,asthecase may be.

114 14 SB901 File No.

114 (a) Except as provided in sections 9-418 and 9-419, if in any municipality, within the time specified in section 9-405, a candidacy for nomination by a political party to any municipal office or for election as a town committee member is filed with the registrar, in conformity with the provisions of sections 9-405 to 9-412, inclusive, and section 9-414, by or on behalf of any person other than party-endorsed candidates, the registrar shall forthwith after the deadline for certification of party- endorsed candidatesnotify theclerkofsuchmunicipality that aprimary isto beheldby suchpartyforthenominationofsuchpartytosuchoffice or for theelectionby suchparty oftowncommittee members,asthecase may be.

(b)LCO For3547 any{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00915 primary for nomination by a political party to a municipal office, or for the election by a political party of town30 committeeR02-SB.docx members,} heldRaised onBill orNo. after the effective date of this section but prior to July 1, 2021, the notice published by the clerk of the municipality under subsection (a) of this section shall be so published not more than seven nor less than four days previous to holding such election.

901 (b) For any primary for nomination by a political party to a municipal office, or for the election by a political party of town committee members, held on or after the effective date of this section but prior to July 1, 2021, the notice published by the clerk of the municipality under subsection (a) of this section shall be so published not more than seven nor less than four days previous to holding such election.

SB901Notwithstanding /the Fileprovisions No.of section 9-150a, for the state election in 2020, and any election, primary or referendum held on or after the effective date of this section but prior to July 1, 2021, in any municipality in which absentee ballots are processed pursuant to subdivision (1) of subsection (c) of section 9-147a, as amended by this act:

114 15 SB901 File No.

114 Notwithstanding the provisions of section 9-150a, for the state election in 2020, and any election, primary or referendum held on or after the effective date of this section but prior to July 1, 2021, in any municipality in which absentee ballots are processed pursuant to subdivision (1) of subsection (c) of section 9-147a, as amended by this act:

(4) If the statement on the inner envelope has not been signed as required by section 9-140a, such inner envelope shall not be opened or theballotremovedLCO therefrom,andsuchinner3547 envelopeshallbereplaced{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009016 inof the30 openedR02-SB.docx outer} envelopeRaised whichBill shallNo. be marked "Rejected" and the reason therefor endorsed thereon by the counters;

901 theballotremoved therefrom,andsuchinner envelopeshallbereplaced in the opened outer envelope which shall be marked "Rejected" and the reason therefor endorsed thereon by the counters;

SB901(b) /In Fileaccordance No.with instructions which shall be prescribed by the Secretary of the State not later than ten days before [the] such election, primary or referendum, each group of ballots delivered pursuant to subdivision (2) of subsection (e) of section 9-140c, as amended by this act, shall be kept secure (1) throughout the performance of the duties under subdivisions (1) to (4), inclusive, of subsection (a) of this section, and (2) after such performance until such time on the day of [the] such election, primary or referendum that absentee ballots are counted in the manner provided in subsections (e) to (m), inclusive, of section 9-150a.

114 16 SB901 File No.

114 (b) In accordance with instructions which shall be prescribed by the Secretary of the State not later than ten days before [the] such election, primary or referendum, each group of ballots delivered pursuant to subdivision (2) of subsection (e) of section 9-140c, as amended by this act, shall be kept secure (1) throughout the performance of the duties under subdivisions (1) to (4), inclusive, of subsection (a) of this section, and (2) after such performance until such time on the day of [the] such election, primary or referendum that absentee ballots are counted in the manner provided in subsections (e) to (m), inclusive, of section 9-150a.

TheLCO application3547 procedure{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009017 set forth in section 9-140, as amended by this act, shall apply, except that the clerk shall deliver the absentee voting set for any such application to the clerk of the30 townR02-SB.docx in} whichRaised theBill institutionNo. is located, who shall deliver all such voting sets he receives to the registrars of such town, on the date when the supervision of absentee balloting is to occur.

901 The application procedure set forth in section 9-140, as amended by this act, shall apply, except that the clerk shall deliver the absentee voting set for any such application to the clerk of the town in which the institution is located, who shall deliver all such voting sets he receives to the registrars of such town, on the date when the supervision of absentee balloting is to occur.

The registrars of the town in which an institution is located and the SB901administrator /of Filethe No.institution shall mutually agree on a date and time for such supervision of absentee balloting, which shall be not later than the last business day before the election or primary.

114 17 SB901 File No.

114 administrator of the institution shall mutually agree on a date and time for such supervision of absentee balloting, which shall be not later than the last business day before the election or primary.

(a)LCO Any3547 elector{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0018 whoof has30 returnedR02-SB.docx an} absenteeRaised ballotBill toNo. the municipal clerk and who finds such elector is able to vote in person shall proceed before ten o'clock a.m.

901 (a) Any elector who has returned an absentee ballot to the municipal clerk and who finds such elector is able to vote in person shall proceed before ten o'clock a.m.

The rejected ballot shall then be returned to the sealed package until delivered on election, primary or referendum day to the registrars of voters in accordance with section 9- SB901140c, /as Fileamended No.by this act.

114 18 SB901 File No.

114 140c, as amended by this act.

on the fourth day before [the] such election, primary or referendumtothemunicipalclerk'soffice andrequest thatsuchelector'sthat suchelector's ballot be withdrawn.

Subsection (g) of section 9-150b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):LCO 3547 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009019 of 30 R02-SB.docx } Raised Bill No.

901 passage):

(2) Notwithstanding the provisions of subdivision (1) of this SB901subsection,forthestateelectionin2020,andanyelectionheldonorafter /the Fileeffective No.date of this section but prior to July 1, 2021, no such depository envelope shall be opened for the purpose of a recanvass conducted pursuant to law except within seven business days after [the] such election as provided in section 9-311, as amended by this act.

114 19 SB901 File No.

114 subsection,forthestateelectionin2020,andanyelectionheldonorafter the effective date of this section but prior to July 1, 2021, no such depository envelope shall be opened for the purpose of a recanvass conducted pursuant to law except within seven business days after [the] such election as provided in section 9-311, as amended by this act.

If a paper registry list is used, the registrars or assistant registrars, as the case may be, shall write and sign with ink, on the list or lists so used and checked, a certificate of the whole number of names registered on the list eligible to vote in the election or primary and the number checked as having voted in that election or primary, and deposit it in the office of the municipal clerk not later than forty-eight hoursLCO after3547 the{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0020 close of the30 polls.R02-SB.docx } Raised Bill No.

901 hours after the close of the polls.

The moderator shall place SB901the /certificate Filewhich No.the moderator received from the official checker or checkers in the office of the municipal clerk not later than forty-eight hours after the close of the polls.

114 20 SB901 File No.

114 the certificate which the moderator received from the official checker or checkers in the office of the municipal clerk not later than forty-eight hours after the close of the polls.

The moderator shall also, in thesamemanner,announcethevoteoneachconstitutionalamendment, propositionLCO or3547 other{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009021 questionof voted30 on.R02-SB.docx } Raised Bill No.

901 proposition or other question voted on.

After such preliminary list has been transmitted to the Secretary of the State, the canvass may be temporarily interrupted, during which time the moderator shall (1) return the keys for all tabulators to the registrars of voters, (2) seal the tabulators against voting or being tampered with, (3) SB901prepare /and Fileseal No.individual envelopes for all (A) write-in ballots, (B) absentee ballots, (C) moderators' returns, and (D) other notes, worksheets or written materials used at the election, and (4) store all such tabulators and envelopes in a secure place or places directed by the registrars of voters.

114 21 SB901 File No.

114 prepare and seal individual envelopes for all (A) write-in ballots, (B) absentee ballots, (C) moderators' returns, and (D) other notes, worksheets or written materials used at the election, and (4) store all such tabulators and envelopes in a secure place or places directed by the registrars of voters.

In canvassing,LCO recording3547 and{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0022 announcingof the30 result,R02-SB.docx the} electionRaised officialsBill shallNo. be guided by any instructions furnished by the Secretary of the State.

901 canvassing, recording and announcing the result, the election officials shall be guided by any instructions furnished by the Secretary of the State.

Section 9-311 of the general statutes is repealed and the SB901following /is Filesubstituted No.in lieu thereof (Effective from passage):

114 22 SB901 File No.

114 following is substituted in lieu thereof (Effective from passage):

BeforeLCO such3547 recanvass{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009023 is made, such moderator shall give notice, in writing, to the chairman of the30 townR02-SB.docx committee} ofRaised eachBill politicalNo. party which nominated candidates for the election, and, in the case of a state election, not later than twenty-four hours after a determination is made regarding the need for a recanvass to the Secretary of the State, of the time and place where such recanvass is to be made;

901 Before such recanvass is made, such moderator shall give notice, in writing, to the chairman of the town committee of each political party which nominated candidates for the election, and, in the case of a state election, not later than twenty-four hours after a determination is made regarding the need for a recanvass to the Secretary of the State, of the time and place where such recanvass is to be made;

SB901(2) /Notwithstanding Filethe No.provisions of subdivision (1) of this subsection,forthestateelectionin2020,andanyelectionheldonorafter the effective date of this section but prior to July 1, 2021, (A) if, within five days after [the] such election, it appears to the moderator that there is a discrepancy in the returns of any voting district, such moderator shall forthwith within said period summon, by written notice delivered personally, the recanvass officials to conduct such recanvass in accordance with the provisions of said subdivision, and (B) such written notice shall require such recanvass officials to meet not later than the seventh business day after [the] such election for such purpose.

114 23 SB901 File No.

114 (2) Notwithstanding the provisions of subdivision (1) of this subsection,forthestateelectionin2020,andanyelectionheldonorafter the effective date of this section but prior to July 1, 2021, (A) if, within five days after [the] such election, it appears to the moderator that there is a discrepancy in the returns of any voting district, such moderator shall forthwith within said period summon, by written notice delivered personally, the recanvass officials to conduct such recanvass in accordance with the provisions of said subdivision, and (B) such written notice shall require such recanvass officials to meet not later than the seventh business day after [the] such election for such purpose.

Such registrars of votersLCO in3547 the{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00924 presence of such30 moderatorR02-SB.docx shall} turnRaised overBill theNo. keys of each such tabulator to such recanvass officials, and such recanvass officials, in the presence of such registrars of voters and moderator, shall immediately proceed to recanvass the vote cast thereon, and shall then open the package of absentee ballots and recanvass the vote cast thereon.

901 voters in the presence of such moderator shall turn over the keys of each such tabulator to such recanvass officials, and such recanvass officials, in the presence of such registrars of voters and moderator, shall immediately proceed to recanvass the vote cast thereon, and shall then open the package of absentee ballots and recanvass the vote cast thereon.

All of the recanvass officials shall use the same forms for tallies and returns as were used at the original canvass and the SB901absentee /ballot Filecounters No.shall also sign the tallies.

114 24 SB901 File No.

114 absentee ballot counters shall also sign the tallies.

Upon the completion of such recanvass, such moderator andat least two oftherecanvassofficials ofdifferent political parties shall forthwith prepare and sign such return forms which shall contain a written statement giving the result of such recanvass for each tabulator and each package of absentee ballots whose returns were so recanvassed, setting forth whether or not the original canvass was correctlyLCO made3547 and{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00925 statingof whether30 orR02-SB.docx not} theRaised discrepancyBill stillNo. remains unaccounted for.

901 correctly made and stating whether or not the discrepancy still remains unaccounted for.

(2) Notwithstanding the provisions of subdivision (1) of this subsection,forthestateelectionin2020,andanyelectionheldonorafter SB901the /effective Filedate No.of this section but prior to July 1, 2021, each copy of the recanvass return required under said subdivision to be filed by the moderator with the Secretary of the State and the town clerk shall be so filed not later than twelve days after [the] such election.

114(d) 25As SB901used Filein No.this section, (1) "moderator" means, in the case of municipalities not divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) "registrars of voters", in a municipality where there are different registrars of voters for different voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purposeofdeclaring theresultofthevoteofthewholemunicipalitywas moderator.

114 the effective date of this section but prior to July 1, 2021, each copy of the recanvass return required under said subdivision to be filed by the moderator with the Secretary of the State and the town clerk shall be so filed not later than twelve days after [the] such election.

(d) As used in this section, (1) "moderator" means, in the case of municipalities not divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) "registrars of voters", in a municipality where there are different registrars of voters for different voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purposeofdeclaringtheresultofthevoteofthe wholemunicipalitywas moderator.

The moderatorLCO shall3547 make{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0026 a preliminary list of the30 votesR02-SB.docx given} forRaised eachBill ofNo. the following officers:

901 moderator shall make a preliminary list of the votes given for each of the following officers:

Presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative in Congress, state senator, judge of probate, state SB901representative /and Fileregistrars No.of voters when said officers are to be chosen.

114 26 SB901 File No.

114 representative and registrars of voters when said officers are to be chosen.

(b) As used in this subsection, "moderator" means the moderator of each municipal election in each town not divided into voting districts, andLCO the3547 head{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00927 moderatorof in30 eachR02-SB.docx town} dividedRaised intoBill votingNo. districts.

901 and the head moderator in each town divided into voting districts.

The moderator shall also seal and deliver one SB901ofsuchduplicate /liststo FiletheSecretary No.oftheState not later thanthethird day after the election.

114 27 SB901 File No.

114 ofsuchduplicate liststo theSecretary oftheState not later thanthethird day after the election.

(a)LCO (1)3547 Not{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009028 laterof than30 forty-eightR02-SB.docx hours} followingRaised eachBill regularNo. election,theregistrarsofvotersshallprovidetheresultsofthevotescast at such election to the town clerk.

901 (a) (1) Not later than forty-eight hours following each regular election,theregistrarsofvotersshallprovidetheresultsofthevotescast at such election to the town clerk.

(2) Notwithstanding the provisions of subdivision (1) of this subsection,forthestateelectionin2020,andanyelectionheldonorafter the effective date of this section but prior to July 1, 2021, (A) the results of the votes cast at [the] such election required under said subdivision to be provided to the town clerk by the registrars of voters shall be so provided not later than ninety-six hours following [the] such election, (B) the meeting to identify any error in the returns required under said SB901subdivision /among Filethe No.head moderator, registrars of voters and town clerk for each town divided into voting districts shall occur not later than nine o'clock a.m.

114 28 SB901 File No.

114 subdivision among the head moderator, registrars of voters and town clerk for each town divided into voting districts shall occur not later than nine o'clock a.m.

6 from passage 9-140c Sec.LCO 3547 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00901-29 of 30 R02-SB.docx } Raised Bill No.

901 Sec.

16 from passage 9-307 from passage Sec.

17 from passage 9-309 Sec.

20 from passage 9-322a(a) GAE Joint Favorable SB901APP /Joint FileFavorable No.LCO 3547 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00901- 30 of 30 R02-SB.docx }

114 29 SB901 File No.

114 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Resources of the General Fund GF - Potential Less than None Revenue Gain $5,000 Secretary of the State GF - Cost Approximately None 100,000 Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 22 $ FY 23 $ Various Municipalities STATE Minimal None MANDATE 1 - Potential Cost Explanation Section 1 expands the reasons for which an elector may vote by absentee ballot for any election, primary, or referendum occurring before July 1, 2021 to include the sickness of COVID-19.

It is anticipated there will be an increase in absentee ballot applications as a result of this provision.

Sections 2 and 3 require the absentee ballot inner envelope statement be updated to include "the sickness of COVID-19" and allow SOS to make changes to absentee voting forms and materials.

No fiscal impact 1State mandate is defined in Sec.

2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.

SB901 / File No.

114 30 SB901 File No.

114 is anticipated as a result of such modifications.

The bill also expands violations that constitute a false statement which results in a potential minimal revenue gain of less than $5,000 in FY 21.

In FY 19 there was one violation of false statement by absentee voting, which resulted in no fines collected.

Section 4 authorizes SOS to approve and select a third-party vendor for town clerks' use in mailing absentee voting sets for elections prior to July 1, 2021.

It is anticipated that the use of such a vendor will cost approximately $100,000.

Section 5 permits absentee ballots to be deposited into a secure drop box for elections prior to July 1, 2021.

As drop boxes were ordered for absentee ballots for the 2020 primary election, no additional costs are anticipated as a result of this provision.

Additionally, this section requires municipal clerks to retrieve absentee ballots deposited to such drop boxes beginning twenty-nine days before the election and each weekday thereafter until the polls close.

If said drop box is located outside of a building other than where the clerk's office is located, the clerk, or their designee, must be escorted by a police officer.

Minimal costs may be incurred if town staff and local police departments cannot handle this provision with current staffing levels.

Section 6 allows town clerks to deliver sorted and checked absentee ballots to registrars of voters before election day to begin certain pre- counting procedures.

No fiscal impact is anticipated as a result of this provision.

Sections 7 – 12 authorizes municipalities to conduct certain absentee ballot pre-counting procedures.

No fiscal impact is anticipated as a result of these provisions.

2SOS ordered 200 drop boxes at a total cost of approximately $365,000, including shipping.

Costs were supported by federal CARES Act funding.

SB901 / File No.

114 31 SB901 File No.

114 Sections 15 – 20 extends numerous deadlines and timeframes associated with processing absentee ballots and canvassing and reports thereturns.Nofiscalimpactisanticipatedasaresultoftheseprovisions.

The Out Years The fiscal impacts identified above regarding absentee voting changes only apply to elections and referenda prior to July 1, 2021, thus impacts will only be incurred in FY 21.

SB901 / File No.

114 32 SB901 File No.

114 OLR Bill Analysis SB 901 AN ACT EXTENDING TO JUNE 30, 2021, CHANGES IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT OF COVID-19.

SUMMARY This bill extends to June 30, 2021, certain changes affecting absentee votingeligibilityandproceduresimplementedforthe2020stateelection as a result of COVID-19.

Generally, for a state or municipal election, primary, or referendum occurring before July 1, 2021, the bill does the following:

1.

expands the reasons for which electors may vote by absentee ballot to include the COVID-19 sickness (§ 1);

2.

givesthesecretaryofthestatebroadauthority tochangeabsentee voting formsandmaterialsto conformto theexpandedeligibility (§ 3);

3.

authorizes town clerks to mail absentee voting sets using a third- party vendor that the secretary of the state approves and selects (§ 4);

4.

requires town clerks to designate secure drop boxes and allows voters to deposit absentee ballots in them (§ 5);

5.

allows town clerks to deliver sorted and checked absentee ballots to registrars of voters before election day to begin certain pre- counting procedures (§ 6);

6.

authorizes municipalities to conduct certain absentee ballot pre- counting procedures, provided they comply with specified procedural requirements, such as notifying the secretary, and do not open the inner-envelope or count the ballot before the day of SB901 / File No.

114 33 SB901 File No.

114 the election, primary, or referendum (§§ 7-12);

7.

authorizes the secretary of the state, subject to certain conditions, to waive requirementsunder themandatory supervised absentee voting law (§ 13);

8.

moves up the deadline by which an elector who has returned a completed absentee ballot but later finds he or she is able to vote in person must go to the town clerk’s office to request that the ballot be withdrawn (§ 14);

9.

extends the timeframe for opening absentee ballot depository envelopes if there is a recanvass (§ 15);

and 10.

extends, generally by 48 hours, numerous deadlines and timeframes associated with processing absentee ballots and canvassing and reporting the returns (§§ 16-20).

The bill also makes technical and conforming changes.

EFFECTIVE DATE:

Upon passage §§ 1-3 — EXPANDED ABSENTEE VOTING AUTHORIZATION AND UPDATED FORMS For a state or municipal election, primary, or referendum occurring before July 1, 2021 (hereafter, “covered election, primary, or referendum”), the bill expands the reasons for which electors may vote by absentee ballot to include the COVID-19 sickness (see BACKGROUND).

Under the bill, “COVID-19” means the respiratory disease designated as “coronavirus 2019” by the World Health Organization (WHO) on February 11, 2020, and any related mutation of it that the WHO recognizes as a communicable respiratory disease.

The bill requires that absentee ballots be updated for a covered election, primary, or referendum by inserting on the inner envelope’s statement, “the sickness of COVID-19” as a reason for which electors may vote absentee.

As with other types of absentee voters, those who vote by absentee ballot due to the COVID-19 sickness must sign the SB901 / File No.

114 34 SB901 File No.

114 ballot under penalties of false statement in absentee balloting.

By law, false statement in absentee balloting is a class D felony, punishable by up to five years in prison, up to a $5,000 fine, or both (CGS § 9-359a).

The bill also gives the secretary of the state broad authority to make changes to absentee voting forms and materials for a covered election, primary, or referendum when, in her opinion, changes are necessary to conform to law.

The authorization applies to prescribed absentee voting forms and printed, recorded, or electronic materials.

§ 4 — DELIVERY OF ABSENTEE BALLOTS TO VOTERS The bill, with certain exceptions, authorizes town clerks to mail absentee voting sets for a covered election, primary, or referendum using a third-party vendor that the secretary of the state approves and selects.

It also requires (1) town clerks to mail the absentee voting sets within 48 hours, rather than within 24 hours, after receiving an application and (2) that any contract between the secretary and a third- party vendor require the vendor to mail each set within 72 hours after receiving the application from the clerk.

The bill’s provisions on mailing absentee ballot sets do not apply when a referendum is held with fewer than three weeks’ notice since, by law, town clerks may provide absentee ballots for these referenda only to people who apply in person (CGS § 9-369c(a)).

§ 5 — RETURN OF ABSENTEE BALLOTS BY VOTERS By law, voters may return completed absentee ballots via mail (e.g., the U.S.

Postal Service) or in-person at the town clerk’s office.

Under the bill, for a covered state or municipal election, primary, or referendum, they may also deposit them in secure drop boxes designated by their town clerk for that purpose.

Town clerks must designate the drop boxes following instructions that the secretary of the state prescribes.

Beginning 29 days before a covered election, primary, or referendum, and each weekday thereafter until the polls close, town clerks must retrieve absentee ballots from the secure drop boxes.

(Presumably, for primaries and referenda, the requirement applies only after town clerks SB901 / File No.

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114 begin issuing absentee ballot sets (see BACKGROUND).) A police officer must escort thetownclerk inretrievingabsentee ballotsfromany drop box located outside of a building other than the clerk’s office building.

§ 6 — DELIVERY OF RETURNED ABSENTEE BALLOTS TO REGISTRARS As discussed below, for a covered election, primary, or referendum, the bill moves up thetimeframe for absentee ballot sorting and checking procedures so that registrars of voters may begin certain pre-counting procedures.

By law, town clerks must sort any absentee ballots received by the day before an election, primary, or referendum into voting districts, and they may begin doing so seven days prior.

For a covered election, primary, or referendum, the bill authorizes clerks to begin sorting ballots 14 days prior.

For ballots received by 11:00 a.m.

on the day before an election, primary, or referendum, the law requires registrars of voters to check thenamesofapplicantsreturningabsenteeballotsontheofficialregistry list with “A” or “Absentee.” This sorting and checking must be completed by the day before, and the clerk must deliver the sorted and checked ballots to the registrars on the day of the election, primary, or referendum.

For a covered election, primary, or referendum, the bill requires the town clerk to deliver these ballots at 6:00 a.m.

unless a later time is mutually agreed upon.

The bill allows town clerks to deliver sorted and checked ballots to the registrars before the day of a covered election, primary, or referendum to begin certain pre-counting procedures (see below).

Specifically, it allows any ballots received, sorted, and checked by 5:00 p.m.

on the fourth day before the election, primary, or referendum to be delivered to the registrars at that time.

It similarly allows ballots received, sorted, and checked by 5:00 p.m.

on the third and second days before the election, primary, or referendum to be delivered to the registrars at those times.

SB901 / File No.

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114 In each case, the bill allows the clerk to deliver the ballots at a later time that he or she mutually agrees upon with the registrars.

The bill also requires the (1) clerk to include with the ballots an up-to-date copy of the duplicate checklist and (2) clerk and registrars to execute an affidavit of delivery and receipt stating the number of ballots delivered.

Existing law applies these requirements to ballots delivered on the day of an election, primary, or referendum.

§ 7 — REQUIREMENTS FOR OPTING IN TO PRE-COUNTING Under the bill, any municipality opting to conduct pre-counting procedures for a covered election, primary, or referendum, must do so at a central location.

The registrars of voters must designate the location in writing to their respective town clerks at least 10 days before the election, primary, or referendum, and the location must be published in the warning for the election, primary, or referendum (see below).

If a municipality opts to use the pre-counting procedures, the bill requires the registrars of voters and town clerk to jointly certify this decision to the secretary of the state, in writing, at least 10 days before the election, primary, or referendum.

The certification must include the (1) name, street address, and relevant contact information for the designated central location and (2) name and address of each absentee ballot counter.

The secretary must approve or disapprove the certification within two days after receiving it.

The bill also allows her to require the municipalitytoappointoneormoreadditionalabsenteeballotcounters.

By law, municipalities must count absentee ballots at a central location unless the registrars of voters agree to count them in each polling place.

The bill specifies that any ballots delivered to the registrars on the day of a covered election, primary, or referendum (i.e., those not delivered for pre-counting procedures) may still be counted in the polling places.

§§ 8-11 — NOTIFYING THE PUBLIC OF COVERED ELECTIONS AND PRIMARIES SB901 / File No.

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114 By law, the town clerk must notify the municipality's electors of a state or municipal election or primary by publishing the warning in a newspaper.

The bill generally delays the period during which municipalities must publish these warnings, as shown below in Table 1.

Table 1:

Notice Requirements Bill Requirement Deadline or Deadline or § Timeframe Under Timeframe Under Current Law the Bill § 8 Town clerk or assistant town From five to 15 From four to seven clerk must notify electors of a days before the days before the vacancy election for member of election election Congress, probate judge, or state legislator by publishing the warning in a general circulation newspaper § 9 Town clerk or assistant town From five to 15 From four to seven clerk must notify electors of a days before the days before the municipal election by publishing election election the warning in a general circulation newspaper § 10 Town clerk must notify electors of • 14 days after From four to seven a primary for state or district days before the the close of office by publishing the warning the convention primary in a general circulation for major party newspaper candidates who receive at least 15% of a roll call vote at the convention • 63 days before the election for major party candidates who petition onto the primary ballot § 11 Town clerk must notify electors of • 34 days before From four to seven a primary for municipal office, or the primary for days before the for election as town committee municipal election or primary member, by publishing the offices voted warning in a general circulation on at a SB901 / File No.

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114 newspaper municipal election, or for election as town committee member • 63 days before the primary for municipal offices voted on at a state election § 12 — AUTHORIZED PRE-COUNTING PROCEDURES By law, absentee ballot sets consist of an outer envelope, which contains information about the elector (e.g., name and address), and an inner envelope, which contains the elector's marked ballot and a statement signed by the elector under penalty of false statement in absentee balloting.

(By law, false statement in absentee balloting is a class D felony.) The law sets out numerous absentee ballot counting steps, which are generally completed by absentee ballot counters or moderators.

It requiresthateachofthesestepsbecompletedbeginningonelectionday.

For municipalities that opt to use pre-counting procedures, the bill authorizes them to complete the following steps, beginning at 5:00 p.m.

on the fourth day before the covered election, primary, or referendum:

1.

remove the inner envelopes from the outer envelopes;

2.

report to the moderator separately the total number of absentee ballots received;

and 3.

reject ballots for which the inner envelope statement is improperly executed.

Under the bill, once the above steps are completed, the absentee ballots must be counted beginning on the election, primary, or SB901 / File No.

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114 referendum day in accordance with existing law.

Securing the Absentee Ballots Until Election Day The bill requires that absentee ballots be secured throughout any pre- counting process.

Specifically, the ballots must be secured according to (1) instructions from the secretary of the state and (2) existing statutory requirements on securing absentee ballots and related materials.

Under thebill,thesecretarymust issuethese instructionsat least 10daysbefore the covered election, primary, or referendum.

§ 13 — MANDATORY SUPERVISED ABSENTEE VOTING The bill authorizes the secretary of the state to waive any requirements under the mandatory supervised absentee voting law for a covered election or primary (see BACKGROUND).

To waive a requirement, she must do so in recognition of the governor’s March 10, 2020, declaration of public health and civil preparedness emergencies.

Before any waiver, the secretary must do the following:

1.

consult with the public health commissioner, or the commissioner’s designee;

2.

give written notice to the town clerk and registrars of voters in each affected municipality;

and 3.

submit a report to the Government Administration and Elections Committee, advising of the waiver and specifying alternative actions that will be taken to provide any affected electors with absentee voting opportunities.

§ 14 — DEADLINE FOR WITHDRAWING A SUBMITTED ABSENTEE BALLOT By law, electors who submit an absentee ballot must go to the town clerk’s office and request to withdraw it if they later find they can vote inperson.Foracoveredelection,primary,orreferendum,thebillmoves up this deadline from 10:00 a.m.

on the election, primary, or referendum day to 5:00 p.m.

on the fourth day before it, which is the same time that municipalities may begin pre-counting procedures.

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114 §§ 15-20 — EXTENSION OF CERTAIN DEADLINES & TIMEFRAMES The bill extends, generally by 48 hours, numerous deadlines and timeframes associated with processing absentee ballots and canvassing and reporting returns for a covered election, primary, or referendum (see CGS §§ 9-369c(f) and 9-381a).

The changes also generally apply to a referendum held in conjunction with a covered election.

The table below lists, in chronological order, the deadlines and timeframes under current law and the bill.

Table 2:

Changes to the 2021 Election Calendar Bill Requirement Deadline or Deadline or § Timeframe Under Timeframe Under Current Law the Bill § 17 After submitting the preliminary 48 hours after the 96 hours after the list of returns, moderator polls close polls close completes the canvass, which includes announcing (1) each candidate’s name and absentee vote count and (2) the results for any ballot questions § 19 Moderator submits to the • 48 hours after •96 hours after the secretary of the state the the polls close polls close for the duplicate list of returns (1) by for the electronic electronic electronic means and (2) in submission submission sealed, hard copy • Three days after •Five days after the election, the election, primary, or primary, or referendum for referendum for the sealed, hard the sealed, hard copy copy § 16 Moderator deposits certificate 48 hours after the 96 hours after the (from the official checkers) with polls close polls close town clerk indicating the total number of names on the official checklist and the number checked as having voted § 16 Registrars deposit signed registry 48 hours after the 96 hours after the list with town clerk polls close polls close § 20 Registrars provide town clerk 48 hours after the 96 hours after the SB901 / File No.

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114 with results of votes cast polls close polls close § 20 For municipalities divided into • 9:00 a.m.

on the • 9:00 a.m.

on the voting districts, the (1) head third day after fifth day after the moderators, town clerk, and the election, election, primary, registrars meet to identify any primary, or or referendum for errors in the election or primary referendum for the meeting night returns and (2) moderators the meeting • 1:00 p.m.

on the correct any errors and file an amended return with the • 1:00 p.m.

on the fifth day after the secretary of the state, town clerk, third day after election, primary, and registrars the election, or referendum for primary, or any amended referendum for return any amended return § 18 If there appears to be a Three days after Five days after the discrepancy in any voting the election or election or primary district’s returns, the head primary moderator calls for a recanvass § 18 When a recanvass is required Five business Seven business due to a discrepancy, tie vote, days after the days after the close vote, including a close vote election, primary, election, primary, referendum, the recanvass or referendum or referendum officials meet to recanvass the returns (CGS §§ 9-311a, -311b, & -370a) § 15 In the event of a recanvass, Five business Seven business absentee ballot depository days after the days after the envelopes may be unsealed by election, primary, election primary, court order or State Elections or referendum or referendum Enforcement Commission subpoena § 18 If a discrepancy, close vote, or tie 10 days after the 12 days after the vote recanvass results in a election, primary, election, primary, correction to the original returns, or referendum or referendum the moderator files one copy of the corrected recanvass return with the secretary of the state and another with the town clerk BACKGROUND Permitted Reasons for Voting by Absentee Ballot SB901 / File No.

114 42 SB901 File No.

114 The state constitution authorizes the General Assembly to pass a law allowing eligible voters to cast their votes by absentee ballot if they are unabletoappearata pollingplaceonelectiondaybecauseof(1)absence from their city or town, (2) sickness or physical disability, or (3) the tenetsoftheirreligionprohibit secular activity (Art.VI,§7).The General Assembly exercised this authority and passed laws codified at CGS § 9- 135.

CGS § 9-135 permits eligible voters to vote by absentee ballot if:

1.

they are absent from the municipality in which they reside during all hours of voting;

2.

they are ill or have a physical disability;

3.

the tenets oftheir religion forbid secular activity onthe day of the primary, election, or referendum;

4.

they are in active service in the U.S.

Armed Forces;

or 5.

their duties as a primary, election, or referendum official outside of their voting district will keep them away during all hours of voting.

Issuing Absentee Ballot Sets By law, town clerks begin issuing absentee voting sets 31 days before an election and 21 days before a primary, or if that day falls on a weekend or holiday, the next preceding business day.

Generally, clerks begin issuing the sets 19 days before a referendum or when an elector applies for an absentee ballot, whichever is later.

However, when a referendum is held with fewer than three weeks’ notice, clerks must make the sets available no later than four business days after the question is finalized (CGS §§ 9-140(f) and 9-369c(a) & (e)).

Mandatory Supervised Absentee Voting Under the mandatory supervised absentee voting law, registrars of voters or their designees must supervise absentee voting at “institutions” (e.g., nursing homesandotherresidentialcare andmental SB901 / File No.

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114 health facilities) in which at least 20 patients are registered voters (including patients who are registered in a municipality other than the one where the institution is located).

During these voting sessions, registrars or their designees deliver absentee ballots to the institution and jointly supervise voters while they fill out the ballots.

Voters have the right to complete their ballots in secret, but registrars observe the process and are available to assist upon request.

COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 13 Nay 6 (03/05/2021) SB901 / File No.

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