HB 6464 — AN ACT EXTENDING TO MAY 31, 2021, SEVERAL CHANGES IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT OF COVID-19.

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.

HB6464 / File No.

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

No fiscal impact 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 June 1, 2021.

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

Section 5 permits absentee ballots to be deposited into a secure drop box for elections prior to June 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 authorizes SOS to waive any requirements regarding mandatory supervised absentee voting law at institutions for elections prior to June 1, 2021.

SOS must consult with the Department of Public Health Commissioner, or their designee, provide written notice to town clerks and registrars of voters in such municipalities, and submit a report to the Government Administration and Elections Committee.

No 2SOS ordered 200 drop boxes at a total cost of approximately $365,000, including shipping.

Costs were supported by federal CARES Act funding.

HB6464 / File No.

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46 fiscal impact is anticipated as a result of this provision.

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

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety ofneral 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.

HB6464 / File No.

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46 OLR Bill Analysis HB 6464 AN ACT EXTENDING TO MAY 31, 2021, SEVERAL CHANGES IMPLEMENTED FOR THE 2020 STATE ELECTION AS A RESULT OF COVID-19.

SUMMARY This bill extends to May 31, 2021, certain changes affecting absentee votingeligibilityandproceduresimplementedforthe2020stateelection by PA 20-3, July 2020 Special Session, as a result of COVID-19.

Generally, for a state or municipal election, primary, or referendum occurring before June 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;

2.

authorizes the secretary of the state to change absentee voting forms and materials to conform to the expanded eligibility;

3.

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

4.

requires town clerks to designate, and authorizes absentee voters to return absentee ballots to, drop boxes;

and 5.

authorizes the secretary of the state, subject to certain conditions, to waive mandatory supervised absentee voting requirements.

The bill also makes technical changes.

EFFECTIVE DATE:

Upon passage §§ 1-3 — EXPANDED ABSENTEE VOTING AUTHORIZATION AND UPDATED FORMS For a state or municipal election, primary, or referendum occurring HB6464 / File No.

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46 before June 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 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 & 5 — ABSENTEE BALLOT DELIVERY AND RETURN Delivery 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 it 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, HB6464 / File No.

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46 by law, town clerks may provide absentee ballots for these referenda only to people who apply in person (CGS § 9-369c(a)).

Return 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 begin issuing absentee ballot sets (see BACKGROUND).) § 6 — 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 (1) consult with the public health commissioner or the commissioner’s designee and (2) give written notice to the town clerk and registrars of voters in each affected municipality.

BACKGROUND 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 tenetsoftheirreligionprohibit secular activity (Art.VI,§7).The General Assembly exercised this authority and passed laws codified at CGS § 9- HB6464 / File No.

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46 135.

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 homes and other residential care and mental 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 HB6464 / File No.

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46 process and are available to assist upon request.

COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 16 Nay 3 (03/05/2021) HB6464 / File No.

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