AN ACT EXTENDING THROUGH NOVEMBER 8, 2022, SEVERAL CHANGES REGARDING ELECTION ADMINISTRATION AS A RESULT OF...
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SB 184 — AN ACT EXTENDING THROUGH NOVEMBER 8, 2022, SEVERAL CHANGES REGARDING ELECTION ADMINISTRATION AS A RESULT OF COVID-19 AND CONCERNING ELIGIBILITY TO VOTE BY ABSENTEE BALLOT.
Last action — FILE NO. 6
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
910 added · 430 removed910 line(s) added, 430 removed.
Senate General Assembly RaisedFile Bill No.
1846 February Session, 2022 LCOSubstitute Senate Bill No.
1789184 ReferredSenate, toMarch 11, 2022 The Committee on GOVERNMENTGovernment ADMINISTRATIONAdministration ANDand ELECTIONSElections Introducedreported by:through SEN.
(GAE)FLEXER ANof ACTthe EXTENDING29th THROUGHDist., NOVEMBERChairperson 8,of 2022,the SEVERALCommittee CHANGESon REGARDINGthe ELECTIONpart ADMINISTRATIONof ASthe ASenate, RESULTthat OFthe COVID-19substitute ANDbill CONCERNINGought ELIGIBILITYto TOpass. VOTE BY ABSENTEE BALLOT.
AN ACT EXTENDING THROUGH NOVEMBER 8, 2022, SEVERAL CHANGES REGARDING ELECTION ADMINISTRATION AS A RESULT OF COVID-19 AND CONCERNING ELIGIBILITY TO VOTE BY ABSENTEE BALLOT.
(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 given by publication (A) in a newspaper having a general circulation in such town, or towns in the case of a joint publication under subsection (b) of this section, not more than fifteen nor less than five days previous to holding such election, and (B) on such town's Internet web site, not moresSB184 than/ fifteenFile norNo. less than five days previous to holding such election.
The6 clerk1 insSB184 eachFile town shall, in the warning for such election, LCO No.
17896 1more ofthan 30fifteen givenor noticeless ofthan (i)five thedays timeprevious andto theholding location of each polling place in the town,(ii)intownsdividedintovotingdistricts,thetimeandthelocation of each polling place in each district, and (iii) the time and the location of each location designated for election day registration in the town, at which such electionelection. will be held.
The clerk in each town shall, in the warning for such election, give notice of (i) the time and the location of each polling place in the town,(ii)intownsdividedintovotingdistricts,thetimeandthelocation of each polling place in each district, and (iii) the time and the location of each location designated for election day registration in the town, at which such election will be held.
(2) For the state election in [2020] 2022, and any election held pursuant to section 9-211, 9-212, 9-215 or 9-218 on or after [June 23, 2021, butpriortoNovember3,2021,]theeffectivedateofthissectionbutpriortoNovember3,2021,]theeffectivedateofthissectionbutprior butprior to November 9, 2022, 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.
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 (i) in a newspaperpublishedwithinthelimitsofsuchcityorboroughorhavingsSB184 a/ generalFile circulation therein, not more than fifteen nor less than five LCO No.
17896 2 ofsSB184 30File daysNo. previous to holding the election, and (ii) on the Internet web site of such city or borough, or the town having such city or borough within suchtown's limits, not more thanfifteennor lessthanfive daysprevious toholdingtheelection,whichwarningshallincludenoticeof(I)thetime and the location of each polling place in such city or borough, (II) in cities and boroughs divided into voting districts, the time and the location of each polling place in each district, and (III) the time and the location of each location designated for election day registration in such city or borough.
6 newspaperpublishedwithinthelimitsofsuchcityorboroughorhaving a general circulation therein, not more than fifteen nor less than five days previous to holding the election, and (ii) on the Internet web site of such city or borough, or the town having such city or borough within suchtown's limits, not more thanfifteennor lessthanfive daysprevious toholdingtheelection,whichwarningshallincludenoticeof(I)thetime and the location of each polling place in such city or borough, (II) in cities and boroughs divided into voting districts, the time and the location of each polling place in each district, and (III) the time and the location of each location designated for election day registration in such city or borough.
(6) the required performance of such elector's or person's duties as a primary, election or referendum official, including as a town clerk or registrar of voters or as staff of the clerk or registrar, at a polling place other than such elector's or person's own during all of the hours ofsSB184 voting/ atFile suchNo. primary, election or referendum;
or6 (7)3 forsSB184 [theFile state election in 2020, and] any election, primary or referendum held on or LCO No.
17896 3 of 30voting afterat [Junesuch 23,primary, 2021,election butor priorreferendum; to November 3, 2021] the effective date of this section but prior to November 9, 2022, the sickness of COVID-19.
or (7) for [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, the sickness of COVID-19.
(Signature)" (b)sSB184 Notwithstanding/ theFile provisions of subsection (a) of this section, for [the state election in 2020, and] any election, primary or referendum LCO No.
17896 4 ofsSB184 30File heldNo. on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, each inner envelope in which an absentee ballot is returned to the municipal clerk shallhaveprintedonitsfaceaformcontainingthefollowingstatements:
6 (b) Notwithstanding the provisions of subsection (a) of this section, for [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, each inner envelope in which an absentee ballot is returned to the municipal clerk shallhaveprintedonitsfaceaformcontainingthefollowingstatements:
(b) For [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, the Secretary of the State may make any changes in any forms prescribed by this chapter or in any printed, recorded or electronic material issued pursuant to this chapter which, in the opinion of the Secretary, are necessarysSB184 to/ conformFile toNo. the applicable provisions of law.
6 5 sSB184 File No.
6 necessary to conform to the applicable provisions of law.
Subsection (g) of section 9-140 of the 2022 supplement to the LCOgeneral No.statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
1789 5 of 30 general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Sec.sSB184 / File No.
6 6 sSB184 File No.
6 Sec.
Section 9-140c of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from LCOpassage): No.
1789 6 of 30 passage):
Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, as amended by this act,theregistrarsshallalsoplacesuchindicationonaduplicate checklist to be retained by the municipal clerk until the municipal clerk delivers such duplicate checklist to the registrars, in accordance with subsection (e)sSB184 of/ thisFile section,No. for the use of the absentee ballot counters pursuant to subsection (i) of this section.
LCO6 7 sSB184 File No.
17896 7(e) of 30this (B)section, Forfor [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effectiveuse date of this section but prior to November 9, 2022, beginning on the fourteenth day before such election, primary or referendum and on any weekday thereafter, all absentee ballotsballot receivedcounters bypursuant theto municipalsubsection clerk(i) atof orthis priorsection. to eleven o'clock a.m.
(B) For [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, beginning on the fourteenth day before such election, primary or referendum and on any weekday thereafter, all absentee ballots received by the municipal clerk at or prior to eleven o'clock a.m.
Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, as amended by this act, the municipal clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b)sSB184 of/ thisFile section,No. for the use of the absentee ballot counters pursuant to subsection (i) of this section.
LCO6 8 sSB184 File No.
17896 8(b) of 30this (2)section, (A)for Forthe [theuse stateof electionthe inabsentee 2020,ballot and]counters anypursuant election, primary or referendum held on or after [June 23, 2021, but prior to Novembersubsection 3,(i) 2021] the effective date of this sectionsection. but prior to November 9, 2022:
(2) (A) For [the state election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022:
of such lastsSB184 day/ beforeFile anelection,primaryorreferendumandbeforeNo. six o'clock p.m.
on6 the9 daysSB184 ofFile the election, primary or referendum shall, upon LCO No.
Show all 295 changed lines (255 more)
17896 9last ofday 30before requestanelection,primaryorreferendumandbefore of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m.
on the day of the election, primary or referendum shall, upon request of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m.
on the day of the election, primary or referendum shall be checked by the absentee ballot counters and checkers at such polling place on the officialsSB184 checklist/ usedFile atNo. such polling place.
LCO6 10 sSB184 File No.
17896 10 of 30 (3) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at the close of the polls shall be checked by the absentee ballot counters on the official checklistschecklist used at thesuch polling placesplace. and such official checklists, bearing the certifications required by section 9-307, as amended by this act, shall be delivered by the registrars or assistant registrars to the central counting moderator for that purpose.
(3) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at the close of the polls shall be checked by the absentee ballot counters on the official checklists used at the polling places and such official checklists, bearing the certifications required by section 9-307, as amended by this act, shall be delivered by the registrars or assistant registrars to the central counting moderator for that purpose.
(j) Each time absentee ballots are delivered by the clerk to the registrars pursuant to this section, the clerk and registrars shall execute ansSB184 affidavit/ ofFile delivery and receipt stating the number of ballots delivered.Theclerkshallpreservetheaffidavitfor theperiodprescribed LCO No.
17896 11 ofsSB184 30File inNo. section 9-150b, as amended by this act.
6 an affidavit of delivery and receipt stating the number of ballots delivered.Theclerkshallpreservetheaffidavitfor theperiodprescribed in section 9-150b, as amended by this act.
(2) For the[the [statestate election in 2020, and] any election, primary or referendum held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section but prior to November 9, 2022, whenever absentee ballots are to be processed before the day of 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, asamendedbythisact, eachgroupofabsentee ballotsuponreceiptfrom the registrars.
Any member of the public may observe the counting of absenteesSB184 ballots/ atFile suchNo. central location.
LCO6 12 sSB184 File No.
17896 12 of 30 (b) At any election, primary or referendum, all absentee ballots mayat be counted in the manner provided in section 9-150a in the respective polling places if the registrars of voters agree that such absenteecentral ballotslocation. should be so counted.
(b) At any election, primary or referendum, all absentee ballots may be counted in the manner provided in section 9-150a in the respective polling places if the registrars of voters agree that such absentee ballots should be so counted.
(3) In the case of absentee ballots delivered to the registrars on the day of such election, primary or referendum, nothing in this subsection shallsSB184 preclude/ theFile counting of such absentee ballots in the respective LCO No.
17896 13 ofsSB184 30File pollingNo. places pursuant to subsection (b) of this section.
6 shall preclude the counting of such absentee ballots in the respective polling places pursuant to subsection (b) of this section.
LCOsSB184 / File No.
17896 14 ofsSB184 30File Sec.No.
6 Sec.
(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 [June 23, 2021, but prior to November 3, 2021] theeffectivedateofthissectionbutpriortoNovember9,2022,thenotice published by the clerk of the municipality under subsection (a) of this sectionshallbesopublishednotmorethansevennorlessthanfourdays LCOsSB184 / File No.
17896 15 ofsSB184 30File previousNo. to holding such primary or election.
6 previous to holding such primary or election.
and (5) Not earlier than the day of such election, primary or referendum, LCOsSB184 / File No.
17896 16 ofsSB184 30File andNo. after the duties under subdivisions (1) to (4), inclusive, of this subsection have been performed, absentee ballots shall be counted in the manner provided in subsections (e) to (m), inclusive, of section 9- 150a.
6 and after the duties under subdivisions (1) to (4), inclusive, of this subsection have been performed, absentee ballots shall be counted in the manner provided in subsections (e) to (m), inclusive, of section 9- 150a.
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 LCOsSB184 / File No.
17896 17 ofsSB184 30File absenteeNo. balloting is to occur.
6 absentee balloting is to occur.
(d)Notwithstanding theprovisionsofsubsections(a)to (c),inclusive, of this section, for [the state election in 2020, and] any election or primary held on or after [June 23, 2021, but prior to November 3, 2021] the effective date of this section,section but prior to November 9, 2022, the Secretary of the State may waive any requirement under said subsections, provided the Secretary (1) waives such requirement in recognition of the[the public health and civil preparedness emergency declared by the Governor on March 10, 2020,2020] a declaration by the Governor of a civil preparedness emergency, pursuant to section 28-9, or a public health emergency, pursuant to section 19a-131a, and has consulted with the Commissioner of Public Health or said commissioner's designee regarding such waiver, (2) has given written notice to the town clerk and registrars of voters in each municipality, and (3) has submitted a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to elections advising of such waiver and specifying alternative actions to be taken to provide opportunities for absentee voting by electors described in this section.
(a) Any elector who has returned an absentee ballot to the municipal clerksSB184 and/ whoFile findsNo. such elector is able to vote in person shall proceed before ten o'clock a.m.
on6 election,18 primarysSB184 orFile referendum day to the municipal clerk's office and request that such elector's ballot be LCO No.
17896 18clerk ofand 30who withdrawn.finds such elector is able to vote in person shall proceed before ten o'clock a.m.
on election, primary or referendum day to the municipal clerk's office and request that such elector's ballot be withdrawn.
(g)sSB184 (1)/ NoFile such depository envelope shall be opened except by order of a court of competent jurisdiction, by the State Elections Enforcement LCO No.
17896 19 ofsSB184 30File CommissionNo. pursuant to a subpoena issued under subdivision (1) of subsection (a) of section 9-7b or within five business days after an election, primary or referendum for the purpose of a recanvass conducted pursuant to law.
6 (g) (1) No such depository envelope shall be opened except by order of a court of competent jurisdiction, by the State Elections Enforcement Commission pursuant to a subpoena issued under subdivision (1) of subsection (a) of section 9-7b or within five business days after an election, primary or referendum for the purpose of a recanvass conducted pursuant to law.
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 depositsSB184 it/ inFile theNo. office of the municipal clerk not later than forty-eight hours after the close of the polls.
If6 an20 electronicsSB184 versionFile of the registry LCO No.
17896 20deposit ofit 30in listthe isoffice used,of the electronicmunicipal deviceclerk uponnot whichlater suchthan listforty-eight ishours storedafter shall be returned to the registrarsclose of voters who shall cause the electronicpolls. registry list to be printed.
If an electronic version of the registry list is used, the electronic device upon which such list is stored shall be returned to the registrars of voters who shall cause the electronic registry list to be printed.
The moderator shall, in the order of the offices as their titles are arranged on the ballot, read and announce in distinct tones the result as shown, giving the number indicated and indicating the candidate to whom such total belongs, and shall read the votessSB184 recorded/ forFile eachNo. office on the ballot.
The6 moderator21 shallsSB184 also,File in thesamemanner,announcethevoteoneachconstitutionalamendment, LCO No.
17896 21votes ofrecorded 30for propositioneach oroffice otheron questionthe votedballot. on.
The moderator shall also, in thesamemanner,announcethevoteon eachconstitutionalamendment, proposition or other question voted on.
While such announcement is being made, ample opportunity shall be given to any person lawfully present to compare the results so announced with the result totals provided by the tabulator and any necessary corrections shall then and there be made by the moderator, checkerssSB184 and/ registrarsFile orNo. assistant registrars, after which the compartments of the voting tabulator shall be closed and locked.
In6 LCO22 sSB184 File No.
17896 22checkers ofand 30registrars canvassing,or recordingassistant andregistrars, announcingafter which the result,compartments of the electionvoting officialstabulator shall be guidedclosed byand anylocked. instructions furnished by the Secretary of the State.
In canvassing, recording and announcing the result, the election officials shall be guided by any instructions furnished by the Secretary of the State.
If any of such recanvasssSB184 officials/ areFile unavailable at the time of the recanvass, the registrar of voters of the same political party as that of the recanvass LCO No.
17896 23 ofsSB184 30File officialNo. unable to attend shall designate another elector having previous training and experience in the conduct of elections to take his place.
6 recanvass officials are unavailable at the time of the recanvass, the registrar of voters of the same political party as that of the recanvass official unable to attend shall designate another elector having previous training and experience in the conduct of elections to take his place.
(b) The moderator shall determine the place or places where the recanvass shall be conducted and, if such recanvass is held before the tabulators are boxed and collected in the manner required by section 9- 266, the moderator may either require that such recanvass of such tabulators be conducted in each place where the tabulators are located, or he may require that they be removed to one central place, where such recanvassshallbeconducted.Allrecanvassing proceduresshallbeopen tosSB184 public/ observation.File No.
Such6 recanvass24 officialssSB184 shall,File in the presence of such moderator and registrars of voters, make a record of the number LCO No.
17896 24to ofpublic 30observation. on the seal and the number on the protective counter, if one is provided, on each voting tabulator specified by such moderator.
Such recanvass officials shall, in the presence of such moderator and registrars of voters, make a record of the number on the seal and the number on the protective counter, if one is provided, on each voting tabulator specified by such moderator.
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 containsSB184 a/ writtenFile statement giving the result of such recanvass for each tabulator and each package of absentee ballots whose returns were so LCO No.
17896 25 ofsSB184 30File recanvassed,No. setting forth whether or not the original canvass was correctly made and stating whether or not the discrepancy still remains unaccounted for.
6 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 correctly made and stating whether or not the discrepancy still remains unaccounted for.
(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 purposeofdeclaringtheresultofthevoteofthewholepurposeofdeclaringtheresultofthevoteofthe municipalitywaswholemunicipalitywas moderator.
Section 9-314 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):sSB184 / File No.
(a)6 As26 usedsSB184 inFile this subsection, "moderator" means the moderator of LCO No.
17896 26passage): of 30 each state election in each town not divided into voting districts and the head moderator in each town divided into voting districts.
(a) As used in this subsection, "moderator" means the moderator of each state election in each town not divided into voting districts and the head moderator in each town divided into voting districts.
The Secretary of the State shall enter the returns in tabular form in books kept by the Secretary for that purpose and present a printed report of the same, with the name of, and the total number of votes received by, each of the candidates for said offices, to the General Assembly at its nextsSB184 session./ File No.
(b)6 As27 usedsSB184 inFile this subsection, "moderator" means the moderator of LCO No.
17896 27next ofsession. 30 each municipal election in each town not divided into voting districts, and the head moderator in each town divided into voting districts.
(b) As used in this subsection, "moderator" means the moderator of each municipal election in each town not divided into voting districts, and the head moderator in each town divided into voting districts.
Sec.sSB184 / File No.
6 28 sSB184 File No.
6 Sec.
Subsection (a) of section 9-322a of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu LCOthereof No.(Effective from passage):
1789 28 of 30 thereof (Effective from passage):
3 from passage 9-135 Sec.sSB184 / File No.
6 29 sSB184 File No.
6 Sec.
6 from passage 9-140(g) LCOSec. No.
17897 29from ofpassage 309-140c from passage Sec.
78 from9-147a passage 9-140c Sec.
8 from passage 9-147a Sec.
14 from passage 9-150b(g) from passage Sec.
15 from passage 9-307 Sec.
19 from passage 9-322a(a) StatementGAE ofJoint Purpose:Favorable Subst.
TosSB184 (1)/ extendFile throughNo. November 8, 2022, several changes regarding election administration as a result of COVID-19, and (2) specify "illness" as grounds for claiming eligibility to vote by absentee ballot.
[Proposed6 deletions30 aresSB184 enclosedFile inNo. brackets.
Proposed6 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.
1789In 30general, fiscal impacts are based upon a variety of 30informational 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 23 $ FY 24 $ Resources of the General Fund GF - Revenue Less than None Gain $5,000 Note:
GF=General Fund Municipal Impact:
Municipalities Effect FY 23 $ FY 24 $ Various Municipalities Potential Minimal None Cost Explanation Sections 1, 2, 9 and 10 delay the period during which towns must publish a warning about a state or municipal election or primary occurring before November 9, 2022.
No fiscal impact is anticipated as a result of these provisions.
Sections 3 and 4 expand the reasons for which an elector may vote by absentee ballot for any election, primary, or referendum occurring before November 9, 2022 to include the sickness of COVID-19.
As a result of these provisions, certain municipalities may incur increased costs.
Potential cost increases will vary by municipality and will depend on the number of additional absentee ballots printed and mailed.
These sections also modify the statutory reasons for which qualified votersmay vote by absentee ballot to include:
1)illness,rather thantheir own illness as current law provides;
and 2) absence from the town of their voting residence, rather than absence from the town of their voting residence during all hours as under current law.
These changes are not sSB184 / File No.
6 31 sSB184 File No.
6 anticipated to have a fiscal impact on the state or municipalities.
Section 4 also expands violations that constitute a false statement which results in a potential minimal revenue gain of less than $5,000 in FY 23.
Section 5 authorizes the Secretary of the State (SOS) to make changes to absentee voting forms and materials.
No fiscal impact is anticipated as a result of this provision.
Section 6 allows the SOS to approve and select a third-party vendor for town clerks' use in mailing absentee voting sets for elections prior to November 9, 2022.
It is expected the SOS will not be contracting with a third-party vendor for 2022 election absentee ballots.
This provision has no fiscal impact on the SOS.
Section 7 allows town clerks to deliver sorted and checked absentee ballots to registrars before the day of an election, primary, or referendum to begin certain pre-counting procedures.
No fiscal impact is anticipated as a result of this provision.
Sections 8 requires any municipality conducting pre-counting procedures to do so at a central location.
This provision has no fiscal impact.
Section 11, which has no fiscal impact, requires municipalities that opt to use pre-counting procedures to follow certain prescribed steps.
Section 12 allows the SOS to waive any requirements under the mandatory supervised absentee voting law in recognition of a public health or civil preparedness emergency declared by the governor.
This provision has no fiscal impact.
Section 13 moves up the deadline for when an elector who has submitted a completed absentee ballot can request to withdraw it if they later find they can vote in person.
This has no fiscal impact.
Sections 14 – 19 extends numerous deadlines and timeframes sSB184 / File No.
6 32 sSB184 File No.
6 associated with processing absentee ballots and canvassing and reports thereturns.Nofiscalimpactisanticipatedasaresult oftheseprovisions.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
sSB184 / File No.
6 33 sSB184 File No.
6 OLR Bill Analysis sSB 184 AN ACT EXTENDING THROUGH NOVEMBER 8, 2022, SEVERAL CHANGES REGARDING ELECTION ADMINISTRATION AS A RESULT OF COVID-19 AND CONCERNING ELIGIBILITY TO VOTE BY ABSENTEE BALLOT.
SUMMARY This bill reinstates certain changes affecting absentee voting eligibility and procedures and election returns in effect for the 2020 state election and certain elections, primaries, and referenda held in 2021.
Specifically, for the 2022 state election and a state or municipal election, primary, or referendum occurring before November 9, 2022 (i.e., “covered election, primary, or referendum”), the bill does the following, among other things:
1.
generally delays the period during which municipalities must publish the warning for an election or primary (§§ 1, 2, 9, & 10);
2.
expands the reasons for which electors may vote by absentee ballot to include the COVID-19 sickness (§§ 3 & 4);
3.
givesthesecretaryofthestatebroadauthoritytochangeabsentee voting formsandmaterialsto conformto theexpandedeligibility (§ 5);
4.
gives town clerks an additional 24 hours to mail an absentee voting set after receiving a completed application (§ 6);
5.
authorizes town clerks to mail absentee voting sets using a third- party vendor that the secretary of the state approves and selects (§ 6);
6.
moves up the time at which town clerks may begin sorting sSB184 / File No.
6 34 sSB184 File No.
6 absentee ballots and checking voter names on the registry list (§ 7);
7.
authorizes municipalities to conduct certain absentee ballot pre- counting procedures (§§ 7-8 & 11);
8.
moves up the deadline by which an elector who 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 (§ 13);
and 9.
extends, generally by 48 hours, numerous deadlines and timeframes associated with canvassing and reporting election returns (§§ 14-19).
The bill also authorizes the secretary of the state, for a covered election or primary and subject to certain conditions, to waive requirements under the mandatory supervised absentee voting law (§ 12).
Existing law provides similar authority for elections and primaries generally.
Additionally, the bill authorizes qualified voters to vote by absentee ballot in any election, primary, or referendum if they are unable to appear at their polling place during the hours of voting because of (1) illness, rather than because of their own illness as current law provides, or (2) absence from the town of their voting residence, rather than absence from the town of their voting residence during all voting hours as under current law (§§ 3 & 4).
Lastly, the bill makes several technical and conforming changes.
EFFECTIVE DATE:
Upon passage §§ 1, 2, 9 & 10 — PUBLIC NOTICE OF COVERED ELECTIONS AND PRIMARIES By law, the town clerk must notify the town’s electors about a state or municipal election or primary by publishing the warning in a general circulation newspaper.
(For elections, they must also post the notice on sSB184 / File No.
6 35 sSB184 File No.
6 the town’s website.) The bill generally delays the period during which towns must publish these warnings, as shown in Table 1 below.
Table 1:
Election and Primary Notice Requirements Deadline or Timeframe Bill § Requirement Deadline or Timeframe for Covered Election Under Current Law or Primary Under the Bill § 1 Town clerk or assistant town clerk must From five to 15 days From four to seven days notify electors of the 2022 state electibefore the election before the election and a vacancy election for member of Congress, probate judge, or state legislator § 2 Town clerk or assistant town clerk must From five to 15 days From four to seven days notify electors of a municipal election before the election before the election § 9 Town clerk must notify electors of a Upon receiving notice From four to seven days primary for state or district office from the secretary of the before the primary state that a primary will be held § 10 Town clerk must notify electors of a Upon receiving notice From four to seven days primary for municipal office, or for from the registrar of before the election or election as town committee member voters that a primary willprimary be held §§ 3-5 — EXPANDED ABSENTEE VOTING AUTHORIZATION AND UPDATED FORMS COVID-19 Sickness (§§ 3 & 4) For a covered election, primary, or referendum, the bill expands the reasons for which qualified voters (i.e., electors and people eligible to vote in a referendum) may vote by absentee ballot to include the COVID-19 sickness (see BACKGROUND).
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 ballot under penalties of false statement in absentee balloting, which is a class D felony punishable by up to five years in prison, a fine of up to $5,000, or both (CGS § 9-359a).
sSB184 / File No.
6 36 sSB184 File No.
6 Illness and Absence from Town (§§ 3 & 4) The bill authorizes qualified voters to vote by absentee ballot in any election, primary, or referendum if they are unable to appear at their polling place during voting hours because of (1) illness, rather than because of their own illness as current law provides, or (2) absence from the town of their voting residence, rather than absence from the town of their voting residence during all voting hoursasunder current law.
This authority applies to elections, primaries, and referenda generally (i.e., it does not expire November 9, 2022).
The bill requires revisions to the statement printed on the face of absentee ballots’ inner envelope to show the revised reasons for which electors may vote absentee.
Changes to Forms and Materials (§ 5) The bill gives the secretary of the state broad authority to change 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.
§ 6 — 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)).
sSB184 / File No.
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6 § 7 — DELIVERY OF RETURNED ABSENTEE BALLOTS TO REGISTRARS By law, town clerks must sort into voting districts any absentee ballots received by the day before an election, primary, or referendum.
For ballots received by 11:00 a.m.
on this day, registrars of voters must check the names of applicants returning absentee ballots on the official registry list with “A” or “absentee.” This sorting and checking must be completed 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 authorizes clerks to begin sorting ballots 14 days beforehand, rather than seven days beforehand as current law provides.
It requires the town clerk to deliver these ballots at 6:00 a.m.
unless a later time is mutually agreed upon, rather than between 10:00 a.m.
and noon (unless a later time is mutually agreed upon) as under current law.
The bill also 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.
In each case, the bill also allows the clerk to deliver the ballots at a later time that he or she mutually agrees upon with the registrars, but no later than 8:00 p.m.
on the day of the election, primary, or referendum.Thebillalsorequiresthe(1)clerktoincludewiththeballots 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.
sSB184 / File No.
6 38 sSB184 File No.
6 § 8 — REQUIREMENTS FOR OPTING IN TO PRE-COUNTING Under thebill,any municipality conducting 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 it must be published in the warning for the election, primary, or referendum.
If a municipality uses 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.
§ 11 — 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 has the elector’s marked ballot and a statement signed by the elector under penalty of false statement in absentee balloting.
Currentlawsetsout numerousabsentee ballot counting steps, which are generally completed by absentee ballot counters or moderators.
It requires that these steps be completed beginning on election day (CGS § 9-150a).
sSB184 / File No.
6 39 sSB184 File No.
6 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, presidential, and overseas 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 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 the bill, thesecretarymust issuethese instructionsat least 10daysbefore the covered election, primary, or referendum.
§ 12 — 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 a public health or civil preparedness emergency declared by the governor.
Before a 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 sSB184 / File No.
6 40 sSB184 File No.
6 3.
submit a report to the Government Administration and Elections (GAE) Committee about the waiver and specifying alternative actions that will be taken to provide affected electors with absentee voting opportunities.
Existing law authorizes the secretary of the state to suspend supervised absentee voting that happens upon request, or mandatory supervised absentee voting, if she does so for a public health or civil preparedness emergency declared by the governor (CGS § 9-159q, as amended by PA 21-2, June Special Session, § 108).
This authority does not expire November 9, 2022.
§ 13 — DEADLINE TO WITHDRAW 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,thebill moves 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.
§§ 14-19 — EXTENSION OF CERTAIN DEADLINES & TIMEFRAMES The bill extends, generally by 48 hours, numerous deadlines and timeframes associated with canvassing and reporting returns for a covered election, primary, or referendum (see CGS §§ 9-369c(f) and 9- 381a) (see BACKGROUND).
The changes also generally apply to a referendum held in conjunction with a covered election.
Table 2 lists, in chronological order, the deadlines and timeframes under current law and the bill.
Table 2:
Changes to Canvassing and Election Returns Deadlines Deadline or Timeframe Bill § Requirement Deadline or Timeframefor Covered Election, Under Current Law Primary, or Referendum in 2022 § 16 After submitting the prelimina48 hours after the p96 hours after the polls returns, moderator completes tclose close canvass,whichincludesannouncing(1) sSB184 / File No.
6 41 sSB184 File No.
6 Deadline or Timeframe Bill § Requirement Deadline or Timeframe for Covered Election, Under Current Law Primary, or Referendum in 2022 each candidate’s name and absentee vote count and (2) the results for any ballot questions § 18 Moderator submits to the secretary of • 48 hours after the • 96 hours after the polls the state the duplicate list of returns (1) polls close for the close for the electronic by electronic means and (2) in sealed, electronic submission submission hard copy • Three days after the • Five days after the election, primary, or election, primary, or referendum for the referendum for the sealed, hard copy sealed, hard copy § 15 Moderator deposits certificate (from the 48 hours after the polls 96 hours after the polls official checkers) with town clerk close close indicating the total number of names on the official checklist and the number checked as having voted § 15 Registrars deposit signed registry list 48 hours after the polls 96 hours after the polls with town clerk close close § 19 Registrars provide town clerk with 48 hours after the polls 96 hours after the polls results of votes cast close close § 19 For municipalities divided into voting • 9:00 a.m.
on the third • 9:00 a.m.
on the fifth districts, the (1) head moderators, town day after the election, day after the election, clerk,andregistrarsmeettoidentifyany primary, or referendum primary, or errors in the election or primary night for the meeting referendum for the returns and (2) moderators correct any meeting errors and file an amended return with • 1:00 p.m.
on the third the secretary of the state, town clerk, day after the election, • 1:00 p.m.
on the fifth primary, or referendum day after the election, and registrars for any amended primary, or return referendum for any amended return § 17 If there appears to be a discrepancy, tie Three days after the Five days after the vote, or close vote, including a close election, primary, or election, primary, or vote in a referendum, the head referendum referendum moderator calls for a recanvass (CGS §§ 9-311a, -311b, & -370a) § 17 When a recanvass is required due to a Five business days after Seven business days discrepancy, tie vote, or close vote, the election, primary, or after the election, including a close vote in a referendum, referendum primary, or referendum the recanvass officials meet to recanvass the returns (CGS §§ 9-311a, -311b, & -370a) § 14 In a recanvass, absentee ballot Five business days after Seven business days depository envelopes may be unsealed the election, primary, or after the election, by court order or State Elections referendum primary, or referendum Enforcement Commission subpoena sSB184 / File No.
6 42 sSB184 File No.
6 Deadline or Timeframe Deadline or Timeframe for Covered Election, Bill § Requirement Under Current Law Primary, or Referendum in 2022 § 17 If a discrepancy, close vote, or tie10otedays after the 12 days after the recanvass results in a correction toelection,primary, or election, primary, or original returns, the moderator filereferendum referendum copy of the corrected recanvass return with the secretary of the state and another with the town clerk BACKGROUND Related Bill sHB 5262, reported favorably by the GAE Committee, makes (1) similar changes concerning absentee voting due to illness and absence from the town of residence and (2) an additional change about absentee voting due to physical disability.
Permitted Reasons for Voting by Absentee Ballot 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 tenets of their religion prohibiting secular activity (Art.
VI, § 7).
The General Assembly exercised this authority and passed laws codified at CGS § 9-135.
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 sSB184 / File No.
6 43 sSB184 File No.
6 voters or their designees must supervise absentee voting at “institutions” (e.g., nursing homesandotherresidentialcare andmental 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.
Application of Election Procedures to Primaries and Referenda By law, unless otherwise provided, procedures for regular elections apply to primaries as nearly as possible (CGS § 9-381a).
Similarly, absentee ballot procedures for elections (e.g., issuing and returning the ballots and declaring the count) also apply to referenda as nearly as possible (CGS § 9-369c(f)).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 13 Nay 6 (03/09/2022) sSB184 / File No.
6 44
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View plain text versions (3)
- File No. 6 View text pdf
- Raised Bill View text Current pdf
- Substitute GAE Joint Favorable Substitute pdf
Action History
-
FILE NO. 6
-
SENATE CALENDAR NUMBER 29
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/15/22
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0304
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REF. TO JOINT COMM. ON Government Administration and Elections
Sponsors
- Jennifer Leeper · Primary
- Michael A. Winkler · Primary
- Corey P. Paris · Primary
- John-Michael Parker · Primary
- Gary A. Turco · Primary
- John K. Hampton · Primary
- Maria P. Horn · Primary
- Saud Anwar · Primary
- Tammy R. Exum · Primary
- David Michel · Primary
- Christine Palm · Primary
- Juan R. Candelaria · Primary
- Matt Blumenthal · Primary
- Lucy Dathan · Primary
- Patricia A. Dillon · Primary
- Josh Elliott · Primary
- Hilda E. Santiago · Primary
- Eleni Kavros DeGraw · Primary
- Will Haskell · Primary
- Anthony L. Nolan · Primary
- Brian T. Smith · Primary
- Stephanie Thomas · Primary
- Hubert D. Delany · Primary
- Stephen R. Meskers · Primary
- Kate Farrar · Primary
- Matthew L. Lesser · Primary
- Gary A. Winfield · Primary
Sponsorship breakdown
Export CSV (upgrade) →27 sponsors · 0 co-sponsors · 160 not signed on
Sponsors (27)
- Jennifer Leeper Democratic
- Winkler, Michael A.
- Paris, Corey P.
- John-Michael Parker Democratic
- Gary A. Turco Democratic
- Hampton, John K.
- Maria P. Horn Democratic
- Saud Anwar Democratic
- Tammy R. Exum Democratic
- Michel, David
- Palm, Christine
- Juan R. Candelaria Democratic
- Matt Blumenthal Democratic
- Lucy Dathan Democratic
- Patricia A. Dillon Democratic
- Josh Elliott Democratic
- Hilda E. Santiago Democratic
- Eleni Kavros DeGraw Democratic
- Haskell, Will
- Anthony L. Nolan Democratic
- Smith, Brian T.
- Thomas, Stephanie
- Delany, Hubert D.
- Stephen R. Meskers Democratic
- Kate Farrar Democratic
- Matthew L. Lesser Democratic
- Gary A. Winfield Democratic
Co-sponsors (0)
None.
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 184?
- SB 184 is sponsored by Jennifer Leeper (Democratic), Winkler, Michael A., Paris, Corey P., John-Michael Parker (Democratic), Gary A. Turco (Democratic), Hampton, John K., Maria P. Horn (Democratic), Saud Anwar (Democratic), Tammy R. Exum (Democratic), Michel, David, Palm, Christine, Juan R. Candelaria (Democratic), Matt Blumenthal (Democratic), Lucy Dathan (Democratic), Patricia A. Dillon (Democratic), Josh Elliott (Democratic), Hilda E. Santiago (Democratic), Eleni Kavros DeGraw (Democratic), Haskell, Will, Anthony L. Nolan (Democratic), Smith, Brian T., Thomas, Stephanie, Delany, Hubert D., Stephen R. Meskers (Democratic), Kate Farrar (Democratic), Matthew L. Lesser (Democratic), and Gary A. Winfield (Democratic).
- What is the current status of SB 184?
- This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 184?
- Track SB 184 free on One Click Politics — get push/email alerts when it moves.
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