CHAPTER 147
VOTING METHODS

Table of Contents

Sec. 9-238. Voting tabulators required. Notification of purchase or discontinuance of use.
Sec. 9-238a. Report to secretary of number of electors and voting machines.
Sec. 9-239. Payment for voting machines.
Sec. 9-240. Provision of voting machines and booths.
Sec. 9-240a. Periodic examination of voting machines.
Sec. 9-241. Examination and approval of machines by secretary. Subsequent alteration made by voting machine companies. Use of hole-punch voting machines prohibited. Regulations. Agreement with The University of Connecticut or Connecticut State University System.
Sec. 9-242. Voting machine and direct recording electronic voting machine construction requirements.
Sec. 9-242a. Regulations concerning use of voting machines.
Sec. 9-242b. Procedures for use of direct recording electronic voting machines.
Sec. 9-242c. Voting Technology Standards Board.
Sec. 9-243. Mechanics. Instruction and certification by the Secretary of the State.
Sec. 9-244. Inspection by party watchers, party chairpersons, candidates and officials.
Sec. 9-245. Filing of reports.
Sec. 9-246. Duties of mechanics. Repairs made on election day. Required reports.
Sec. 9-247. Preparation of machines.
Sec. 9-247a. Candidates and immediate family members prohibited from transporting, preparing, repairing or maintaining voting machines. Exceptions.
Sec. 9-248. Furnishing of supplies.
Sec. 9-249. Instruction of election officials.
Sec. 9-249a. Order of parties on the ballot label.
Sec. 9-249b. Arrangement of ballot labels when more than nine party designations and petitioning candidate rows.
Sec. 9-250. Form of ballots.
Sec. 9-250a. Blank space where party fails to nominate.
Sec. 9-251. Order of office on ballot labels.
Sec. 9-252.
Sec. 9-253. Order of names of party nominees for multiple-opening office determined by lot. Order when candidate nominated by more than one party.
Sec. 9-254. List of offices to be filled.
Sec. 9-255. Sample ballot labels.
Sec. 9-256. Filing of sample ballot label with secretary.
Sec. 9-257. Location of voting tabulator and stationing of officials.
Sec. 9-258. Election officials; additional lines of electors.
Sec. 9-258a. Two shifts of election officials.
Sec. 9-259. Duties of election officials before polls open; moderator's return certificates.
Sec. 9-260. Instruction by means of demonstrator or spare voting machine.
Sec. 9-261. Process of voting.
Sec. 9-261a. Preparation of polling place form of identification by committee prohibited.
Sec. 9-262. Duties of election officials during voting hours.
Sec. 9-263. Use of paper ballots when voting machine damaged.
Sec. 9-264. Assistance to elector who is blind, has disability or is unable to write or to read the ballot. Paper ballots available for electors with disabilities.
Sec. 9-265. Write-in votes.
Sec. 9-266. Keys to be kept. Storage of voting tabulator.
Sec. 9-267. Removal of officials.
Sec. 9-268. Duties of selectmen imposed on other officials.
Sec. 9-269. Borough election officials.
Sec. 9-270. Votes by paper ballots.
Sec. 9-271. Referenda by paper ballots.
Sec. 9-272. Conditions under which use of voting tabulators may be discontinued.
Sec. 9-273. Preparation of ballots.
Sec. 9-274. Secretary may prescribe forms.
Sec. 9-275. Secret ballot.
Sec. 9-276. Form for printing ballots.
Secs. 9-277 and 9-278. Straight and split ticket sections. Form of straight ticket section.
Sec. 9-279. Form of ballot.
Sec. 9-280. Sample ballots.
Sec. 9-281. Insertion on ballot on death of nominee.
Sec. 9-282. Ballot to resolve tie vote.
Sec. 9-283. Secretary to transmit ballots.
Sec. 9-284. Clerks to obtain ballots if not received two days before election.
Sec. 9-285. Packaging of ballots; method of opening.
Sec. 9-286. Ballot box sealing stamp.
Sec. 9-287. Ballot box lock.
Sec. 9-288. Clerks to be custodians of keys.
Sec. 9-289. Registrars of voters to provide rooms or booths and ballot boxes.
Sec. 9-290. Ballot table. Process of voting.
Sec. 9-291. Arrangement of and admission to voting place.
Sec. 9-292. Method of voting.
Sec. 9-293. Method of balloting.
Sec. 9-294. Deposit of ballots. Booth tenders.
Sec. 9-295. Improper markings of ballot.
Sec. 9-296. Box-tenders.
Sec. 9-297. Interference prohibited. Assistance of physically disabled persons.
Sec. 9-298. Removal of officials.
Sec. 9-299. Counters. Certificates. Declaration of vote.
Sec. 9-300. Deposit of certificates.
Sec. 9-301. Ballot return by moderators for state elections.
Sec. 9-302. Return of ballots to box; sealing and preservation.
Sec. 9-303. Destruction of unused official ballots.
Sec. 9-304. Fraudulent abstracting or intermingling of votes.
Sec. 9-305. Failure of moderator to return keys.
Sec. 9-306. Penalties.

PART I
VOTING MACHINES AND TABULATORS

      Sec. 9-238. Voting tabulators required. Notification of purchase or discontinuance of use. (a) Except as provided in sections 9-271 and 9-272, voting machines shall be used at all elections held in any municipality, or in any part thereof, for voting and registering and counting votes cast at such elections for officers, and upon all questions or amendments submitted at such elections. The board of selectmen of each town, the common council of each city and the warden and burgesses of each borough shall purchase or lease, or otherwise provide, for use at elections in each such municipality a number of voting tabulators approved by the Secretary of the State. Different voting tabulators may be provided for different voting districts in the same municipality. Notwithstanding any provision of this subsection to the contrary, the registrars of voters of a municipality may determine the number of voting tabulators that shall be provided for use at any special election in such municipality, provided the registrars shall provide at least one voting tabulator in the municipality or, in a municipality divided into voting districts, at least one voting tabulator in each such district.

      (b) Upon the purchase or lease of a voting tabulator for use in any municipality, the officials of such municipality purchasing or leasing the same shall forthwith send notification in writing to the Secretary of the State of the name or make of such tabulator, the name of the person who manufactured the same, the name of the person from whom it was purchased or leased and the date on which it was purchased or leased. No voting tabulator shall be used in an election which, in the opinion of the Secretary of the State, does not conform to the requirements of law, is unsuitable for use in such election or does not comply with the voluntary performance and test standards for voting systems adopted by the Election Assistance Commission pursuant to the Help America Vote Act, P.L. 107-252, 43 USC 15481. When in any municipality the use of a voting tabulator at elections is discontinued because of its age or condition or because it is sold, or for any other reason, such officials shall send written notification to the Secretary of the discontinuance of such tabulator, of the time of and reason for such discontinuance and of the information required in connection with notification of original purchasing or leasing.

      (1949 Rev., S. 1192, 1193, 1194; 1951, S. 259b; 1953, 1955, S. 715d; 1957, P.A. 561, S. 1; 1969, P.A. 32; 355, S. 1; P.A. 80-339, S. 1; P.A. 91-7; 91-351, S. 26, 28; P.A. 94-203, S. 3, 12; P.A. 07-194, S. 38.)

      History: 1969 acts provided for discontinuance of use of old voting machines and provided for additional voting machines according to number of electors and in municipalities having less than 5,000 electors in lieu of additional machine officials may provide sample voting machine ballot labels, effective with respect to all elections held on or after January 1, 1970; P.A. 80-339 substituted "absentee ballots" for "sample voting machine ballot labels" and "emergency paper" for "unofficial" ballots where appearing; P.A. 91-7 divided section into Subsecs. and added provision in Subsec. (a) allowing registrars to determine number of voting machines for special elections; P.A. 91-351 changed effective date of P.A. 91-7 from October 1, 1991, to July 1, 1991; P.A. 94-203 amended Subsec. (a) to require registrars to exclude 75% of names of electors residing in institutions when calculating required number of voting machines, effective July 1, 1994; P.A. 07-194 replaced "voting machines" with "voting tabulators", deleted procedures re voting machines, required tabulators to comply with voluntary performance and test standards for voting systems adopted by the Election Assistance Commission and made technical changes.

      See Sec. 9-35c re exclusion of names on inactive registry list from computation for determining required number of voting machines.

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      Sec. 9-238a. Report to secretary of number of electors and voting machines. During the first week of February in each year, the town clerk of each town shall notify the Secretary of the State, on a form provided by said secretary, of the total number of names on the active registry list and on each enrollment list and the total number of unaffiliated electors, in such town, and of the total number of voting machines therein and, in towns divided into voting districts, in addition, the same information for each voting district. If the number of machines listed in such notification is less than the number required under section 9-238, the town clerk shall include in such notification an explanation of the discrepancy. Each such clerk shall also file a duplicate copy of such notification with the officials who are required to provide voting machines in his municipality under section 9-238.

      (1961, P.A. 47; P.A. 87-509, S. 9, 24; P.A. 97-154, S. 23, 27.)

      History: P.A. 87-509 required town clerk to include in notification the total number of names on each enrollment list and total number of unaffiliated electors in the town; P.A. 97-154 required total number of names reported to Secretary of the State to be on "active" registry list, effective July 1, 1997.

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      Sec. 9-239. Payment for voting machines. The fiscal authority in each municipality shall authorize payment of the bill incurred for the purchase or lease or other method of acquisition of an adequate number of voting machines incurred by the officials responsible for providing the same under the provisions of section 9-238.

      (1955, S. 716d; 1957, P.A. 561, S. 2.)

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      Sec. 9-240. Provision of voting machines and booths. The board of selectmen in each town, unless otherwise provided by law, shall provide or may authorize the registrars to provide a suitable room or rooms and voting machine booths for holding all elections. The interior of the booths shall be secure from outside observation. Said board shall provide for each polling place, in accordance with the requirements of section 9-238, one or more voting machines in complete working order, and shall preserve and keep them in repair and have the custody of the voting machines, and the care and custody of the furniture and equipment of the polling place, when not in use at an election.

      (1949 Rev., S. 1054, 1195; 1953, S. 717d; 1957, P.A. 561, S. 3; 1967, P.A. 119, S. 3.)

      History: 1967 act deleted provision for public notice of location of rooms and voting machine booths.

      Irregularities in arranging polling place held not to invalidate election. 75 C. 53.

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      Sec. 9-240a. Periodic examination of voting machines. Not more than two hundred ten days nor less than thirty days prior to each regular election for state officers, each voting machine to be used in the next succeeding regular election, including additional machines required under section 9-238, shall be examined by the company which manufactured the same or its successor or, with the approval of the Secretary of the State, by persons skilled in the mechanics and operation of said machines, for the purpose of determining that such machine is in sound operable condition for use in such election. Arrangements for such examination shall be made by the officials responsible for providing voting machines under section 9-238. The company or person making such examination shall file a report with respect to each machine with the Secretary of the State and with said officials, indicating whether or not such machine is in sound operable condition. When, as a result of any such examination, a machine is found not to be in sound operable condition, said officials shall have such machine repaired, or shall provide a voting machine in sound operable condition to replace the machine found inoperable. The cost for such examination in each town shall be paid by such town. Failure to cause the examination of a voting machine, as herein required, shall not, of itself, prevent the use of such machine in any election.

      (1967, P.A. 229, S. 1; 1969, P.A. 355, S. 2; P.A. 87-382, S. 21, 55.)

      History: 1969 act deleted obsolete language and required examination of additional machines required under Sec. 9-238; P.A. 87-382 required examination of machines not more than 210 days or less than 30 days before election rather than "during the period from seven months to one month" before election.

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      Sec. 9-241. Examination and approval of machines by secretary. Subsequent alteration made by voting machine companies. Use of hole-punch voting machines prohibited. Regulations. Agreement with The University of Connecticut or Connecticut State University System. (a) Any person owning or holding an interest in any voting machine, as defined in subsection (w) of section 9-1, may apply to the Secretary of the State to examine such machine and report on its accuracy and efficiency. The Secretary of the State shall examine the machine and determine whether, in the Secretary's opinion, the kind of machine so examined (1) meets the requirements of section 9-242, (2) can be used at elections, primaries and referenda held pursuant to this title, and (3) in the case of an electronic voting machine examined by the Secretary after the Voting Technology Standards Board submits the report required under section 9-242c, complies with the standards adopted by said board under section 9-242c. If the Secretary of the State determines that the machine can be so used, such machine may be adopted for such use. No machine not so approved shall be so used. Each application shall be accompanied by a fee of one hundred dollars and the Secretary of the State shall not approve any machine until such fee and the expenses incurred by the Secretary in making the examination have been paid by the person making such application. Any voting machine company that has had its voting machine approved and that subsequently alters such machine in any way shall provide the Secretary of the State with notice of such alterations, including a description thereof and a statement of the purpose of such alterations. If any such alterations appear to materially affect the accuracy, appearance or efficiency of the machine, or modify the machine so that it can no longer be used at elections, primaries or referenda held pursuant to this title, at the discretion of the Secretary of the State, the company shall submit such alterations for inspection and approval, at its own expense, before such altered machines may be used. The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, concerning examination and approval of voting machines under this section. No voting machine that records votes by means of holes punched in designated voting response locations may be approved or used at any election, primary or referendum held pursuant to this title.

      (b) The Secretary of the State may enter into an agreement with The University of Connecticut or a member of the Connecticut State University System to perform or assist in performing the following functions: (1) Any technical review, testing or research associated with the certification of voting equipment, (2) any technical review, testing or research associated with the decertification of voting equipment, (3) the development of standards for the use of voting equipment during any election, primary or referenda, (4) the development of standards to ensure the accuracy of voting equipment, (5) the development of standards and procedures for the security, set-up and storage of voting equipment, (6) the development of standards, procedures and oversight of post-election audits, (7) the development of standards for recanvass procedures to ensure the accuracy and reliability of any such recanvass, (8) the development of standards and procedures for the testing, security and use of an election management system, (9) the development of standards and procedures for the programming of ballots and voting equipment, (10) research and analysis of data formats for ballot programming and election-related electronic data, and (11) the development of any other standards necessary to protect the integrity of voting equipment.

      (1949 Rev., S. 1190; 1953, S. 718d; P.A. 73-304; P.A. 84-319, S. 33, 49; P.A. 93-384, S. 7, 28; P.A. 03-7, S. 2; P.A. 05-235, S. 14; P.A. 07-194, S. 7.)

      History: P.A. 73-304 provided for notice to secretary of the state by any voting machine company of alterations to already approved machines under certain conditions; P.A. 84-319 amended section to reflect changes made in Secs. 9-241a and 9-242; P.A. 93-384 authorized the secretary of the state to adopt regulations re examination and approval of machines, effective June 29, 1993; P.A. 03-7 prohibited use of voting machines that record votes by means of holes punched in designated locations and made technical changes, effective April 29, 2003; P.A. 05-235 inserted Subdiv. (1) and (2) designators, added Subdiv. (3) re compliance of electronic voting machines with standards adopted by Voting Technology Standards Board and made technical changes; P.A. 07-194 designated existing provisions as Subsec. (a) and added Subsec. (b) re agreement with The University of Connecticut or member of Connecticut State University system, effective July 5, 2007.

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      Sec. 9-242. Voting machine and direct recording electronic voting machine construction requirements. (a) A voting machine approved by the Secretary of the State shall be so constructed as to provide facilities for voting for the candidates of at least nine different parties or organizations. It shall permit voting in absolute secrecy. It shall be provided with a lock by means of which any illegal movement of the voting or registering mechanism is absolutely prevented. Such machine shall be so constructed that an elector cannot vote for a candidate or on a proposition for whom or on which he is not lawfully entitled to vote.

      (b) It shall be so constructed as to prevent an elector from voting for more than one person for the same office, except when he is lawfully entitled to vote for more than one person for that office, and it shall afford him an opportunity to vote for only as many persons for that office as he is by law entitled to vote for, at the same time preventing his voting for the same person twice. It shall be so constructed that all votes cast will be registered or recorded by the machine.

      (c) Notwithstanding the provisions of subsection (b) of this section, the Secretary of the State may approve a voting machine which requires the elector in the polls to place his ballot into the recording device and which meets the voluntary performance and test standards for voting systems adopted by (1) the Federal Election Commission on January 25, 1990, as amended from time to time, or (2) the Election Assistance Commission pursuant to the Help America Vote Act of 2002, P.L. 107-252, 42 USC 15481-85, as amended from time to time, whichever standards are most current at the time of the Secretary of the State's approval, and regulations which the Secretary of the State may adopt in accordance with the provisions of chapter 54, provided the voting machine shall (A) warn the elector of overvotes, (B) not record overvotes, and (C) not record more than one vote of an elector for the same person for an office.

      (d) Any direct recording electronic voting machine approved by the Secretary of the State for an election or primary held on or after July 1, 2005, shall be so constructed as to:

      (1) (A) Contemporaneously produce an individual, permanent, paper record containing all of the elector's selections of ballot preferences for candidates and questions or proposals, if any, prior to the elector's casting a ballot, as set forth in this subsection, and (B) produce at any time after the close of the polls a voting machine generated, individual, permanent, paper record of each such elector's selections of ballot preferences for candidates and questions or proposals, if any. Both the contemporaneously produced paper record and the voting machine generated paper record of each elector's selections of ballot preferences shall include a voting machine generated unique identifier that can be matched against each other and which preserves the secrecy of the elector's ballot as set forth in subdivision (4) of this subsection;

      (2) Provide each elector with an opportunity to verify that the contemporaneously produced, individual, permanent, paper record accurately conforms to such elector's selection of ballot preferences, as reflected on the electronic summary screen, and to hear, if desired, an audio description of such electronic summary screen, for the purpose of having an opportunity to make any corrections or changes prior to casting the ballot. If an elector makes corrections or changes prior to casting the ballot, the voting machine shall void such contemporaneously produced paper record, contemporaneously produce another paper record containing such corrections or changes and provide the elector with another opportunity to verify ballot preferences in accordance with the provisions of this subdivision. As used in this section, "electronic summary screen" means a screen generated by a direct recording electronic voting machine that displays a summary of an elector's selections of ballot preferences for candidates and questions or proposals, if any, at an election or primary;

      (3) Provide that a ballot shall be deemed cast on the voting machine at the time that an elector's contemporaneously produced, individual, permanent, voter-verified paper record, containing all of the elector's final selections of ballot preferences, is (A) deposited inside a receptacle designed to store all such paper records produced by such voting machine on the day of the election or primary, and (B) the elector's selection of ballot preferences is simultaneously electronically recorded inside the voting machine for the purpose of (i) being electronically tabulated immediately after the polls are closed on the day of the election or primary, and (ii) producing, on such other day as required under section 9-242b, a voting machine generated, individual, permanent, paper record of each such elector's selections of ballot preferences for candidates and questions or proposals, if any;

      (4) Except as otherwise provided in subdivision (1) of section 9-242b, secure the secrecy of each such elector's ballot by making it impossible for any other individual to identify the elector in relationship to such elector's selection of ballot preferences at the time that the elector (A) selects ballot preferences; (B) verifies the accuracy of the electronic summary screen by comparing it to the contemporaneously produced, individual, permanent, paper record or the audio description of such electronic summary screen, prior to casting a ballot; (C) makes corrections or changes by reselecting ballot preferences and verifies the accuracy of such preferences in accordance with the provisions of subdivision (2) of this subsection prior to casting a ballot; and (D) casts the ballot; and at the time that all electors' ballots are canvassed, recanvassed or otherwise tallied to produce a final count of the vote for candidates and questions or proposals, if any, whether through the electronic vote tabulation process or through the manual count process of each elector's contemporaneously produced, individual, permanent, voter-verified paper record, as set forth in section 9-242b; and

      (5) (A) Be accessible to blind or visually impaired persons by providing each elector, if desired by the elector, an audio description of the contemporaneously produced individual, permanent, paper record containing all of the elector's selections of ballot preferences, in addition to an audio description of the electronic summary screen and comply with such additional standards of accessibility included in regulations that the Secretary of the State may adopt in accordance with the provisions of chapter 54.

      (B) Notwithstanding the provisions of subparagraph (A) of this subdivision, on or before June 30, 2007, the Secretary of the State may approve an electronic voting machine that does not comply with the provisions of said subparagraph if (i) the Secretary determines that there are no electronic voting machines available for purchase or lease at the time of such approval that are capable of complying with said subparagraph (A), (ii) the electronic voting machine complies with the provisions of subdivisions (1) to (4), inclusive, of this subsection, and (iii) the person applying to the Secretary for approval of the electronic voting machine agrees to include a provision in any contract for the sale or lease of such voting machines that requires such person, upon notification by the Secretary that modifications to such machines that would bring the machines into compliance said subparagraph (A) are available, to (I) so modify any electronic voting machines previously sold or leased under such contract in order to comply with said subparagraph (A), and (II) provide that any electronic voting machines sold or leased after receipt of such notice comply with said subparagraph (A). No voting machine approved under this subparagraph shall be used on or after July 1, 2007, unless it has been modified to comply with the provisions of subparagraph (A) of this subdivision.

      (1949 Rev., S. 1191; 1953, S. 719d; 1957, P.A. 561, S. 4; 1967, P.A. 893; P.A. 84-319, S. 35, 49; P.A. 87-382, S. 22, 55; P.A. 93-384, S. 17; P.A. 05-188, S. 7; 05-235, S. 29.)

      History: 1967 act provided that voting machines be so constructed that an elector, at his option, may vote for an individual either after operating the straight ticket device or without first operating such device, deleted provision for machines to have bells connected with straight ticket device so as to ring when such device is operated and deleted provision concerning capability of adjustment for use in primaries to permit voting for individuals without first operating a straight ticket device; P.A. 84-319 required approved machines to provide facilities for voting for at least nine parties' candidates, rather than seven, and eliminated requirement that curtain levers have bell attached; P.A. 87-382 repealed provisions re straight ticket device; P.A. 93-384 divided existing section into Subsecs., moved requirement that voting machine be provided with a lock from Subsec. (b) to Subsec. (a) and added Subsec. (c) re approval of machine which requires elector to place ballot into recording device; P.A. 05-188 amended Subsec. (c) by adding new Subdiv. (2) re compliance with standards adopted by the Election Assistance Commission pursuant to the Help America Vote Act and making conforming and technical changes, and added Subsec. (d) re construction requirements for direct recording electronic voting machines, effective July 1, 2005; P.A. 05-235 amended Subsec. (d)(5)(A) by adding requirement that direct recording electronic voting machines comply with standards of accessibility included in regulations that Secretary of the State may adopt, and amended Subsec. (d)(5)(B) by applying existing provisions "on or before June 30, 2007," and prohibiting a voting machine approved under Subsec. (d)(5)(B) from being used on or after July 1, 2007, unless modified to comply with Subsec. (d)(5)(A), effective July 8, 2005.

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      Sec. 9-242a. Regulations concerning use of voting machines. Notwithstanding any provision of the general statutes to the contrary, in the event that the Secretary of the State approves for use, in the manner provided by section 9-241, a kind of voting machine not so approved on January 1, 1985, said secretary shall adopt such regulations as may be necessary for the use of such machine, including but not limited to regulations for adjustment of such machine in preparation for voting, process of voting, canvass of votes cast, and certifications.

      (P.A. 84-319, S. 34, 49.)

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      Sec. 9-242b. Procedures for use of direct recording electronic voting machines. The following procedures shall apply to any election or primary in which one or more direct recording electronic voting machines are used:

      (1) Any elector who requires assistance by reason of blindness, disability, or inability to read or write shall have the right to request assistance inside the voting booth by a person of the elector's choice in accordance with 42 USC 1973aa-6, as amended from time to time, or section 9-264.

      (2) A canvass of the votes shall take place inside the polling place immediately following the close of the polls on the day of the election or primary in accordance with the requirements of chapter 148. With respect to direct recording electronic voting machines, any such canvass shall be an electronic vote tabulation of all of the votes cast on each such voting machine for each candidate and question or proposal, and the moderator shall attach a printout of such electronic vote tabulation to the tally sheets. The moderator shall then add together all of the votes recorded on each voting machine in use at the polling place, whether or not such voting machines were direct recording electronic voting machines, to produce a cumulative count within the polling place of all candidates and any questions or proposals appearing on the ballot in the election or primary. Any member of the public shall have a right to be present in the polling place to observe the canvass of the votes beginning as soon as the polls are declared closed by the moderator and continuing throughout the canvass of the votes of each voting machine until the final canvass of all of the votes cast on all of the voting machines in use in the polling place are added together for each candidate and question or proposal and publicly announced and declared by the moderator.

      (3) If a recanvass of the votes is required pursuant to chapter 148, the recanvass officials shall, in addition to the other requirements of said chapter, conduct a manual tally of the individual, permanent, voter-verified, paper records contemporaneously produced by each direct recording electronic voting machine used within the geographical jurisdiction that is subject to such recanvass. The manual tally conducted for the recanvass shall be limited to the particular candidates and questions or proposals that are subject to recanvass. If the manual tabulation of such contemporaneously produced paper records does not reconcile with the electronic vote tabulation of a particular direct recording electronic voting machine or machines, such contemporaneously produced paper records shall be considered the true and correct record of each elector's vote on such electronic voting machine or machines and shall be used as the official record for purposes of declaring the official election results or for purposes of any subsequent recanvass, tally or election contest conducted pursuant to chapters 148 to 153, inclusive. If any of the contemporaneously produced individual, permanent, voter-verified paper records are found to have been damaged in such manner as they are unable to be manually tallied with respect to the ballot positions that are the subject of the recanvass, each such damaged record shall be matched against the voting machine generated, individual, permanent, paper record produced by the voting machine bearing the identical machine-generated unique identifier as the damaged record and, in such instance, shall be substituted as the official record for purposes of determining the final election results or for purposes of any subsequent recanvass, tally or election contest.

      (4) Notwithstanding the provisions of section 9-311, the Secretary of the State may order a discrepancy recanvass under said section of the returns of an election or a primary for a district office, a state office or the office of elector of President and Vice-President of the United States, if the Secretary has reason to believe that discrepancies may have occurred that could affect the outcome of the election or primary. Any such discrepancy recanvass may be conducted of the returns in any or all voting districts in (A) the district in which an election or primary is held, in the case of an election or primary for a district office, or (B) the state, in the case of an election or primary for a state office or the office of elector of President and Vice-President of the United States or a presidential preference primary, whichever is applicable. As used in this subdivision, "district office" and "state office" have the same meanings as provided in section 9-372.

      (5) Not later than five business days after each election in which a direct recording electronic voting machine is used, the registrars of voters or their designees, representing at least two political parties, shall conduct a manual audit of the votes recorded on at least (A) two direct recording electronic voting machines used in each assembly district, or (B) a number of direct recording electronic voting machines equal to fifty per cent of the number of voting districts in the municipality, whichever is less. Not later than five business days after a primary in which a direct recording electronic voting machine is used, the registrar of voters of the party holding the primary shall conduct such a manual audit by designating two or more individuals, one of whom may be the registrar, representing at least two candidates in the primary. The machines audited under this subdivision shall be selected in a random drawing that is announced in advance to the public and is open to the public. All direct recording electronic voting machines used within an assembly district shall have an equal chance of being selected for the audit. The Secretary of the State shall determine and publicly announce the method of conducting the random drawing, before the election. The manual audit shall consist of a manual tabulation of the contemporaneously produced, individual, permanent, voter-verified, paper records produced by each voting machine subject to the audit and a comparison of such count, with respect to all candidates and any questions or proposals appearing on the ballot, with the electronic vote tabulation reported for such voting machine on the day of the election or primary. Such audit shall not be required if a recanvass has been, or will be, conducted on the voting machine. Such manual audit shall be noticed in advance and be open to public observation. A reconciliation sheet, on a form prescribed by the Secretary of the State, that reports and compares the manual and electronic vote tabulations of each candidate and question or proposal on each such voting machine, along with any discrepancies, shall be prepared by the audit officials, signed and forthwith filed with the town clerk of the municipality and the Secretary of the State. If any contemporaneously produced, individual, permanent, voter-verified, paper record is found to have been damaged, the same procedures described in subdivision (3) of this section for substituting such record with the voting machine generated, individual, permanent, paper record produced by the voting machine bearing the identical machine generated unique identifier as the damaged record shall apply and be utilized by the audit officials to complete the reconciliation. The reconciliation sheet shall be open to public inspection and may be used as prima facie evidence of a discrepancy in any contest arising pursuant to chapter 149. If the audit officials are unable to reconcile the manual count with the electronic vote tabulation and discrepancies, the Secretary of the State shall conduct such further investigation of the voting machine malfunction as may be necessary for the purpose of reviewing whether or not to decertify the voting machine or machines and may order a recanvass in accordance with the provisions of subdivision (4) of this section.

      (6) The individual, permanent, voter-verified, paper records contemporaneously produced by any direct recording electronic voting machine in use at an election or primary held on or after July 1, 2005, shall be carefully preserved and returned in their designated receptacle in accordance with the requirements of section 9-266, 9-302 or 9-310, whichever is applicable, and may not be opened or destroyed, except during recanvass or manual audit as set forth in this section, for one hundred eighty days following an election or primary that does not include a federal office, pursuant to section 9-310, or for twenty-two months following an election or primary involving a federal office, pursuant to 42 USC 1974, as amended from time to time.

      (7) Nothing in this section shall preclude any candidate or elector from seeking additional remedies pursuant to chapter 149.

      (8) After an election or primary, any voting machine may be kept locked for a period longer than that prescribed by sections 9-266, 9-310 and 9-447, if such an extended period is ordered by either a court of competent jurisdiction or the State Elections Enforcement Commission. Either the court or said commission may order an audit of such voting machines to be conducted by such persons as the court or said commission may designate.

      (P.A. 05-188, S. 8; 05-235, S. 30.)

      History: P.A. 05-188 effective July 1, 2005; P.A. 05-235 amended Subdiv. (5) by inserting Subpara. (A) designator and adding Subpara. (B) re alternative determination of number of voting machines to be audited, effective July 8, 2005.

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      Sec. 9-242c. Voting Technology Standards Board. (a) There is established the Voting Technology Standards Board. The board shall consist of:

      (1) The Secretary of the State, or the Secretary's designee;

      (2) The executive director of the State Elections Enforcement Commission, or the executive director's designee;

      (3) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to elections;

      (4) Two persons who are members of different political parties, appointed by the president of the Registrars of Voters Association of Connecticut;

      (5) Two persons who are members of different political parties, appointed by the president of the Connecticut Town Clerks Association, Inc.;

      (6) A member of the faculty or an employee of The University of Connecticut, having expertise in computer architecture, appointed by the Governor; and

      (7) One person representing a nonpartisan organization for governmental accountability, appointed by the Governor.

      (b) All appointments to the Voting Technology Standards Board shall be made not later than thirty days after July 8, 2005. Any vacancy shall be filled by the appointing authority. The board shall elect a chairperson and a vice-chairperson from among its members.

      (c) The Voting Technology Standards Board shall adopt standards for electronic voting technology that will ensure the integrity of the state's voting systems. Said standards shall address: (1) Accuracy; (2) protecting voter anonymity; (3) maintaining secret ballots, except where a voter requests assistance; (4) preventing a voter from voting more than once on any ballot question and from casting more votes for any office than there are persons to be elected to such office; (5) the equivalent of write-in votes; (6) reliable backup power sources so that a system is not subject to power failures; (7) handicapped accessibility; (8) simple ballot layout that will not be confusing to voters; (9) ease of navigation of multiple-screen ballots; (10) enabling voters to check and correct votes; (11) creating voter-verified paper trails; (12) adequate security precautions if individual voting systems are to be networked or if voting results will be communicated via the Internet; (13) the need for encryption; (14) adequate protection from computer viruses; and (15) any other standards necessary to protect the integrity of the voting systems.

      (d) Not later than January 16, 2006, the Voting Technology Standards Board shall submit a report containing the standards for electronic voting technology adopted under subsection (c) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to elections, the Governor and the Secretary of the State, in accordance with the provisions of section 11-4a. The board shall terminate on the date that it submits such standards.

      (P.A. 05-235, S. 13.)

      History: P.A. 05-235 effective July 8, 2005.

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      Sec. 9-243. Mechanics. Instruction and certification by the Secretary of the State. Prior to an election, the registrars of voters shall appoint a suitable mechanic or mechanics who shall, under their direction, prepare, adjust and place the voting machines for use at the election, including additional machines required under section 9-238. Prior to a primary, the registrar, as defined in section 9-372, shall appoint a suitable mechanic or mechanics who shall perform such duties in connection with the primary under the direction of the registrar. Such mechanic or mechanics shall be sworn to perform their duties honestly and faithfully and, for such purpose, shall be considered as election officials and shall be paid for the time spent in the discharge of their duties in the same manner as election officials are paid. Such mechanic or mechanics shall not be required to be an elector of any town. Such mechanic or mechanics shall be allowed such assistance as is necessary by such registrars. Any person appointed to be a mechanic shall attend an instructional session conducted by the Secretary of the State. The secretary may employ assistants on a temporary basis for the purpose of conducting such session. Such assistants shall not be subject to the provisions of chapter 67. Upon completion of such instructional session, the secretary shall certify that each such mechanic is authorized to serve at any election or primary. Such certification shall be effective for four years from the date of such certification.

      (1949 Rev., S. 1197; 1953, S. 720d; 1957, P.A. 561, S. 5; 1959, P.A. 487, S. 1; 1969, P.A. 355, S. 3; P.A. 80-215, S. 5; P.A. 81-467, S. 4, 8; P.A. 82-426, S. 6, 14; 82-472, S. 27, 183; P.A. 87-472, S. 12; P.A. 94-203, S. 7, 12.)

      History: 1959 act placed appointment of mechanics with registrars rather than selectmen, wardens and mayors; 1969 act added references to additional machines required under Sec. 9-238; P.A. 80-215 provided that mechanics shall not be required to be an elector of any town; P.A. 81-467 required persons appointed as voting machine mechanics to attend instructional sessions conducted by the secretary of the state; P.A. 82-426 extended provisions of section to mechanics for primaries and deleted requirement that mechanics' appointments be made at least three months before election; P.A. 82-472 made a technical correction; P.A. 87-472 added provisions re five-year certifications for qualifying mechanics; P.A. 94-203 made all certifications effective for four years, effective July 1, 1994.

      See Sec. 9-249 re instruction of election officials in use of voting machine.

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      Sec. 9-244. Inspection by party watchers, party chairpersons, candidates and officials. (a) Such registrars of voters shall give written notice to the chairpersons of the town committees of the political parties of the day and place a mechanic or mechanics will begin the preparation, test voting and sealing of the machines for the election, including any additional machines required under section 9-238. Such notice shall be given at least one day before the work on the preparation of such machines begins.

      (b) Each such chairperson and any candidate for an office appearing on the ballot may be present, or may designate a watcher who may be present, during the preparation of such machines, but such chairpersons, candidates and watchers shall not interfere with, or assist in, the preparation of the machines.

      (c) After the mechanic or mechanics have prepared the machines, (1) the registrars of voters, or their designees, who shall not include any such mechanics, and (2) all mechanics who prepared such machines shall be present together when the machines are tested and sealed for use in the election. The chairpersons of the town committees of the political parties and any candidate for an office appearing on the ballot may also be present, or may designate a watcher who may be present, during the testing and sealing, but such chairpersons, candidates and watchers shall not interfere with the testing or sealing. All such persons who are present for the testing and sealing of the machines, except the mechanics, shall file a written report, as provided in section 9-245, certifying (A) to the numbers of the machines, (B) as to whether all the candidate and question counters are set at zero (000), (C) as to the numbers registered on the protective counters, if provided, and the numbers on the seals, (D) that the ballot labels are properly placed on the machines, and (E) that the machines have been test-voted and found to be working properly.

      (1949 Rev., S. 1197; 1953, S. 721d; 1957, P.A. 561, S. 6; 1959, P.A. 487, S. 2; 1969, P.A. 355, S. 4; 694, S. 10; P.A. 88-48, S. 1, 5; P.A. 98-67, S. 7, 10.)

      History: 1959 act provided for registrars, rather than selectmen, wardens and mayors, to give notice to town committee chairmen; 1969 acts provided for the chairman rather than the committee to designate a watcher and added reference to additional machines; P.A. 88-48 allowed party chairman to be present for preparation of machines and any candidate to either be present or to designate a watcher and required any chairmen and candidates who are present to file report; P.A. 98-67 divided section into Subsecs., reordered provisions, amended Subsec. (a) to include test voting and sealing in notice, amended Subsec. (b) to prohibit chairpersons, candidates and watchers from assisting in preparation of machines and amended Subsec. (c) by adding provisions concerning testing and sealing of machines, requiring report to be filed by persons present for testing and sealing the machines instead of by persons present for preparation of the machines, and adding to the items to be certified in written report, effective July 1, 1998.

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      Sec. 9-245. Filing of reports. The reports of the mechanics, provided for under section 9-246, and the report provided for under subsection (c) of section 9-244, shall be filed with the municipal clerk and shall be kept by the municipal clerk for at least sixty days after the election for which the machines were so prepared.

      (1949 Rev., S. 1197; 1953, S. 722d; 1957, P.A. 561, S. 7; P.A. 87-382, S. 23, 55; P.A. 88-48, S. 2, 5; P.A. 98-67, S. 8, 10.)

      History: P.A. 87-382 substituted "sixty days" for "two months"; P.A. 88-48 added party chairmen and candidates to report requirements; P.A. 98-67 made technical changes, effective July 1, 1998.

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      Sec. 9-246. Duties of mechanics. Repairs made on election day. Required reports. (a) The mechanic or mechanics shall file a written report of the condition of each machine certifying that (1) they have prepared the machines, (2) all the counters are set at zero (000), (3) all the ballot labels are properly placed thereon, (4) the grouping mechanism has been properly adjusted according to the ballot labels and (5) each machine is otherwise in readiness for the election. This report shall include the number of each machine and a statement of any defects or features of the machine that need attention or correction. The mechanic or mechanics shall also place upon each of the machines a numbered metal seal, secured in such a way that, before any movement of the registering or voting mechanism can be effected, such seal will be destroyed or broken. All voting machines shall be transferred to the polling places in charge of an elector authorized by the registrars of voters under whose direction the voting machines are to be prepared, as provided in section 9-240a; and such elector shall certify to their delivery in good order. Additional machines required under section 9-238 shall be so located by the registrars of voters as to be available for immediate transfer to the polling places within the municipality. The mechanic or mechanics shall have custody of the keys of the voting machines only when they are at work on such machines, and immediately thereafter such keys shall be returned to the municipal clerk. The return of such keys shall, in each case, be made before the day of election.

      (b) The mechanic or mechanics shall file a written report detailing any repairs made to a machine on the day of an election. This report shall certify (1) the number of the machine, (2) the time when the problem occurred, (3) a summary description of the work performed, and (4) that no repairs were made to the machine, after any vote was cast on the day of an election, that would affect the manner in which votes were recorded on the machine.

      (1949 Rev., S. 1197; 1953, S. 723d; 1957, P.A. 561, S. 8; 1959, P.A. 487, S. 3; 1969, P.A. 355, S. 5; P.A. 83-475, S. 19, 43; P.A. 04-113, S. 6.)

      History: 1959 act provided for registrars rather than selectmen, wardens and mayors to appoint the elector in charge of transferring the voting machines to the polling places; 1969 act provided that additional machines be located so as to be available for immediate transfer, effective with respect to all elections held on or after January 1, 1970; P.A. 83-475 added Subsec. (b) requiring report re election day repairs; P.A. 04-113 added Subsec. (b)(4) re certification that no repairs were made to machine that would affect recording of votes, effective May 21, 2004.

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      Sec. 9-247. Preparation of machines. The registrars of voters shall, before the day of the election, cause the mechanic or mechanics to insert on each machine the ballot labels corresponding with the sample diagrams provided and to put each such machine in order in every way and set and adjust the same so that it shall be ready for use in voting when delivered at the polling place. Such registrars shall cause the machine so labeled, in order and set and adjusted, to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, at the room where the election is to be held, not later than six o'clock in the afternoon of the day preceding the election. Each voting machine shall be furnished with light sufficient to enable electors while voting to read the ballot labels and suitable for use by the election officials in examining the counters. A pencil shall also be provided, within each voting machine, for use in casting a write-in ballot.

      (1949 Rev., S. 1203; 1953, S. 724d; 1957, P.A. 561, S. 9; 1969, P.A. 694, S. 11; P.A. 80-281, S. 13, 31.)

      History: 1969 act deleted "the official or officials ..." and substituted "registrars of voters" as having cognizance of preparation of machines; P.A. 80-281 required that each voting machine contain a pencil for write-in use.

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      Sec. 9-247a. Candidates and immediate family members prohibited from transporting, preparing, repairing or maintaining voting machines. Exceptions. No candidate, as defined in section 9-601, or member of the immediate family, as defined in section 1-79, of a candidate shall transport, prepare, repair or maintain a voting machine. No provision of this section shall prohibit (1) a member of the immediate family of a candidate from serving as a moderator or (2) a candidate for the office of registrar of voters or a member of the immediate family of such a candidate from serving as a voting machine mechanic.

      (P.A. 93-384, S. 15; P.A. 94-203, S. 2, 12.)

      History: P.A. 94-203 added Subdiv. (2) allowing candidate for registrar or immediate family member of such a candidate to serve as voting machine mechanic and made a technical change, effective July 1, 1994.

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      Sec. 9-248. Furnishing of supplies. When a voting machine is purchased or leased or otherwise provided for use in any municipality, the Secretary of the State shall prepare or approve samples of the following printed matter and supplies and shall furnish one of each to the officials of such municipality who have so provided such machine in accordance with the provisions of section 9-238: (1) Directions for testing and preparing the voting machines for the election; (2) one certificate on which the mechanic can certify that he has properly tested and prepared the machine for the election; (3) one certificate on which some person other than the mechanic who prepared the machine can certify that the machine has been examined and found to have been properly prepared for the election; (4) one certificate on which can be certified that party watchers have witnessed the testing and preparing of the machines; (5) one certificate that the machines have been delivered to polling places in good order; (6) one card for each polling place, stating the penalty for tampering with or injuring a voting machine; (7) two seals for sealing the machine; (8) one envelope in which the keys to the machine can be sealed and delivered to the election officials, such envelope to have printed or written thereon the designation and location of the voting district in which the machine is to be used, the number of the machine, the number shown on the protective counter thereof after the machine has been prepared for the election and the number or other designation on such seal as the machine is sealed with, such envelope to have attached to it a detachable receipt for the delivery of the keys to the voting machine to the election officials; (9) one envelope in which the keys to the voting machine can be returned by the election officials after the election; (10) one card stating the name and telephone number and address of the mechanic on the day of the election; and (11) a report of an inspection of the machines by the moderator, registrars and checkers, which inspection shall be made before the opening of the polls. The municipal clerk shall, for each election, prepare and furnish said supplies for each voting machine, in conformity with said samples. The municipal clerk shall also prepare and furnish to the election officials tally and return blanks containing the names of all candidates for office on the official ballots, in such manner as may be directed by the Secretary of the State, except that all blanks furnished by said secretary throughout the state shall be uniform in their printing.

      (1949 Rev., S. 1197, 1202; 1953, S. 725d; 1957, P.A. 561, S. 10.)

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      Sec. 9-249. Instruction of election officials. (a) Before each election, the registrars of voters, certified moderator and certified mechanic shall instruct the election officials. Any provision of the general statutes or of any special act to the contrary notwithstanding, election officials shall be appointed at least twenty days before the election except as provided in section 9-229. The registrars, certified moderator and certified mechanic shall instruct each election official who is to serve in a voting district in which a voting machine is to be used in the use of the machine and his duties in connection therewith, and for the purpose of giving such instruction, such instructors shall call such meeting or meetings of the election officials as are necessary. Such instructors shall, without delay, file a report in the office of the municipal clerk and with the Secretary of the State, (1) stating that they have instructed the election officials named in the report and the time and place where such instruction was given, and (2) containing a signed statement from each such election official acknowledging that the official has received such instruction.

      (b) The election officials of such voting districts shall attend the elections training program developed under subdivision (1) of subsection (c) of section 9-192a and any other meeting or meetings as are called for the purpose of receiving such instructions concerning their duties as are necessary for the proper conduct of the election.

      (c) Each election official who qualifies for and serves in the election shall be paid not less than one dollar for the time spent in receiving such instruction, in the same manner and at the same time as the official is paid for the official's services on election day.

      (d) No election official shall serve in any election unless the official has received such instruction and is fully qualified to perform the official's duties in connection with the election, but this shall not prevent the appointment of an election official to fill a vacancy in an emergency.

      (1949 Rev., S. 1202; 1953, S. 726d; 1957, P.A. 561, S. 11; 1959, P.A. 551; 1963, P.A. 318, S. 3; P.A. 77-245, S. 6; P.A. 81-467, S. 5, 8; P.A. 05-235, S. 21; P.A. 06-137, S. 8.)

      History: 1959 act placed responsibility for instructing election officials in municipal clerk, registrars, and mechanic rather than in board of selectmen; 1963 act eliminated the requirement of giving a certificate to qualified election officials and provided for filing a report re the instructions in the town clerk's office; P.A. 77-245 changed "town clerk" to "municipal clerk"; P.A. 81-467 added reference to "certified" moderators and mechanics and required that election officials be appointed at least 20, rather than 10, days before election except as provided in Sec. 9-229; P.A. 05-235 divided section into subsecs. (a) to (d), amended Subsec. (a) to require instructors to file report with Secretary of the State and to require that report contain signed statements from election officials acknowledging receipt of instruction, amended Subsec. (b) to require election officials to attend training program developed under Sec. 9-192a(c)(1), made technical changes in Subsec. (c) and amended Subsec. (d) by substituting "unless the official" for "at which a voting machine is used unless he" and making technical changes, effective July 1, 2005; P.A. 06-137 amended Subsec. (a) to eliminate requirement that the municipal clerk instruct election officials, effective June 6, 2006.

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      Sec. 9-249a. Order of parties on the ballot label. (a) The names of the parties shall be arranged on the machines in the following order:

      (1) The party whose candidate for Governor polled the highest number of votes in the last-preceding election;

      (2) Other parties who had candidates for Governor in the last-preceding election, in descending order, according to the number of votes polled for each such candidate;

      (3) Minor parties who had no candidate for Governor in the last-preceding election;

      (4) Petitioning candidates with party designation whose names are contained in petitions approved pursuant to section 9-453o; and

      (5) Petitioning candidates with no party designation whose names are contained in petitions approved pursuant to section 9-453o.

      (b) Within each of subdivisions (3) and (4) of subsection (a) of this section, the following rules shall apply in the following order:

      (1) Precedence shall be given to the party any of whose candidates seeks an office representing more people than are represented by any office sought by any candidate of any other party;

      (2) A party having prior sequence of office as set forth in section 9-251 shall be given precedence; and

      (3) Parties shall be listed in alphabetical order.

      (c) Within subdivision (5) of subsection (a) of this section, candidates shall be listed according to the provisions of section 9-453r.

      (P.A. 76-159, S. 1; P.A. 87-382, S. 24, 55; P.A. 10-32, S. 24.)

      History: P.A. 87-382 deleted Subsec. (a)(3) re major parties who had no candidate for governor in the last-preceding election, and renumbered the remaining Subdivs. accordingly; P.A. 10-32 made technical changes, effective May 10, 2010.

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      Sec. 9-249b. Arrangement of ballot labels when more than nine party designations and petitioning candidate rows. (a) If, after applying the provisions of sections 9-249a and 9-453r, the number of party designations and petitioning candidate rows on the ballot exceeds nine, the Secretary of the State may authorize (1) two or more party designations and petitioning candidates to appear on the same row of the voting machines, beginning with the ninth row on the voting machines and, if necessary, then moving up one or more rows, (2) that an office take two or more columns on the voting machines and (3) that the party designation, or an abbreviation of it, be repeated on the ballot.

      (b) Notwithstanding any provision of section 9-135a to the contrary, the secretary may prescribe that the provisions of subsection (a) of this section shall not apply to the absentee ballot.

      (May Sp. Sess. P.A. 92-1, S. 3, 7.)

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      Sec. 9-250. Form of ballots. Ballots shall be printed in black ink, in plain clear type, and on clear white material of such size as will fit the tabulator, and shall be furnished by the registrar of voters. The size and style of the type used to print the name of a political party on a ballot shall be identical with the size and style of the type used to print the names of all other political parties appearing on such ballot. The name of each major party candidate for a municipal office, as defined in section 9-372, except for the municipal offices of state senator and state representative, shall appear on the ballot as it appears on the registry list of the candidate's town of voting residence, except as provided in section 9-42a. The name of each major party candidate for a state or district office, as defined in section 9-372, or for the municipal office of state senator or state representative shall appear on the ballot as it appears on the certificate or statement of consent filed under section 9-388, subsection (b) of section 9-391, or section 9-400 or 9-409. The name of each minor party candidate shall appear on the ballot as it appears on the registry list in accordance with the provisions of section 9-452. The name of each nominating petition candidate shall appear on the ballot as it is verified by the town clerk on the application filed under section 9-453b. The size and style of the type used to print the name of a candidate on a ballot shall be identical with the size and style of the type used to print the names of all other candidates appearing on such ballot. Such ballot shall contain the names of the offices and the names of the candidates arranged thereon. The names of the political parties and party designations shall be arranged on the ballots, either in columns or horizontal rows as set forth in section 9-249a, immediately adjacent to the column or row occupied by the candidate or candidates of such political party or organization. When two or more candidates are to be elected to the same office, the ballot shall be printed in such manner as to indicate that the elector may vote for any two or such other number as he is entitled to vote for, provided in the case of a town adopting the provisions of section 9-204a, such ballot shall indicate the maximum number of candidates who may be elected to such office from any party. If two or more candidates are to be elected to the same office for different terms, the term for which each is nominated shall be printed on the official ballot as a part of the title of the office. If, at any election, one candidate is to be elected for a full term and another to fill a vacancy, the official ballot containing the names of the candidates in the foregoing order shall, as a part of the title of the office, designate the term which such candidates are severally nominated to fill. No column, under the name of any political party or independent organization, shall be printed on any official ballot, which contains more candidates for any office than the number for which an elector may vote for that office.

      (1949 Rev., S. 1039, 1042, 1063, 1199; 1953, S. 727d; 1957, P.A. 561, S. 12; P.A. 76-159, S. 2; P.A. 82-247, S. 8; P.A. 83-475, S. 20, 43; P.A. 87-382, S. 25, 55; P.A. 07-194, S. 19.)

      History: P.A. 76-159 deleted provision for secretary of the state to determine positions of political parties on the ballot, referring instead to new Sec. 9-249a and added provision that under certain circumstances the ballot label shall indicate the maximum number of candidates who may be elected to such office from any party; P.A. 82-247 added requirement that voting machine pointer over position where no candidates name appears be locked; P.A. 83-475 added requirement that candidate's name appear on ballot in same form as on voter registry list except as provided in Sec. 9-42a; P.A. 87-382 required names of certain candidates to appear on ballot label as they appear on certificate or statement of consent, clarified procedure for determining how names of other candidates appear on ballot label and required names of political parties and party designations to be immediately adjacent to column or row occupied by candidate or candidates of such political party or organization; P.A. 07-194 changed "ballot label" to "ballot", deleted provision re locking of machine pointer over each position where no candidate's name appears and made conforming changes.

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      Sec. 9-250a. Blank space where party fails to nominate. When a political party has failed to nominate a candidate for any office for which it is entitled to make such nomination, the space on the ballot label in which the name of the party's candidate would appear shall be left blank.

      (1963, P.A. 198.)

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      Sec. 9-251. Order of office on ballot labels. In the preparation of ballot labels for use at a state election precedence shall be given to the offices to be voted for at such election in the following descending order: Presidential electors, Governor and Lieutenant Governor, United States senator, representative in Congress, state senator, state representative, Secretary of the State, Treasurer, Comptroller, Attorney General and judge of probate. In the preparation of ballot labels for use at a municipal election, unless otherwise provided by law, the order of the offices shall be as prescribed by the Secretary of the State, which order, so far as practicable, shall be uniform throughout the state.

      (1953, 1955, S. 728d; 1963, P.A. 401, S. 2; April, 1964, P.A. 2, S. 3; 1971, P.A. 576; P.A. 73-577; P.A. 74-109, S. 5, 11; P.A. 00-99, S. 28, 154.)

      History: 1963 act provided for pairing of governor and lieutenant governor on ballot label; 1964 act deleted representative-at-large; 1971 act changed order of precedence so that state senator and state representative follow representative in congress in that order; P.A. 73-577 changed order of precedence so that secretary of the state, treasurer, comptroller and attorney general follow state representative in that order; P.A. 74-109 deleted justices of the peace, effective upon adoption of Senate Joint Resolution No. 22 of the 1973 session as an amendment to the constitution of Connecticut; P.A. 00-99 deleted reference to sheriff, effective December 1, 2000.

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      Sec. 9-252. Transferred to Chapter 146, Part II, Sec. 9-183b.

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      Sec. 9-253. Order of names of party nominees for multiple-opening office determined by lot. Order when candidate nominated by more than one party. When a major or minor party is entitled to nominate two or more candidates for a particular office, the order of the names of its candidates for such office appearing on the voting machine ballot label shall be determined by the registrars of voters by lot in a ceremony which shall be open to the public, except as hereinafter provided. When such a candidate is nominated for the same office by more than one party, his name shall appear on each appropriate row on the voting machine ballot label in the same column in which it appears under the foregoing provision in either (1) the party row of the party with which he is enrolled or (2) the first party row on which his name is to appear if such candidate is an unaffiliated elector. The registrars of voters shall provide at least five days' public notice for each ceremony held under this section. The ballot order of nominating petition candidates for multiple-opening offices shall be as prescribed in section 9-453r.

      (1955, S. 730d; 1957, P.A. 221, S. 1; P.A. 84-319, S. 36, 49; P.A. 87-197, S. 1, 3.)

      History: P.A. 84-319 amended section to provide uniformity in statutes re order of unaffiliated electors or petitioning party candidates on ballot and order of major and minor party candidates; P.A. 87-197 required order of names on ballot label to be determined by lot instead of appearing in alphabetical order and added provision requiring that 5 days' notice be given before ceremony held.

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      Sec. 9-254. List of offices to be filled. Each municipal clerk shall, not later than the one hundred eightieth day prior to the day of any regular election, file with the Secretary of the State, on a form approved by said secretary, a list of the offices to be filled at such election and the terms thereof and the number of candidates for which each elector may vote. Said secretary shall, within seventy days from the date of receipt of such list, return a copy of such list to the municipal clerk. Each municipal clerk shall, within ten days after the receipt of the returned list, mail a copy thereof to the chairman of the town committee of each major political party within the municipality.

      (1949 Rev., S. 1136; 1953, S. 630d; 1957, P.A. 479, S. 1; February, 1965, P.A. 137; P.A. 87-382, S. 26, 55.)

      History: 1965 act provided that secretary of the state within 70 days of receipt of the list return a copy to the municipal clerk who, within 10 days after receipt of same will mail a copy to the chairman of the town committee of each major party; P.A. 87-382 substituted "one hundred eightieth day" for "six months".

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      Sec. 9-255. Sample ballot labels. The board of selectmen or the municipal clerk shall provide for all polling places using voting machines at least three sample ballot labels which shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballot labels are arranged for voting on election day or that portion thereof which will contain the offices, party designations, names of candidates, write-in slots and questions to be voted upon. On each such sample ballot label shall be printed instructions as to the use of the voting machine, which instructions shall be approved by the Secretary of the State. Such sample ballot labels shall be so posted inside the polling place as to be visible to those within the polling place during the whole day of election. At least one of such sample ballot labels shall be so posted as to be visible to an elector being instructed on the demonstrator or spare voting machine under section 9-260.

      (1949 Rev., S. 1198; 1953, 1955, S. 732d; 1957, P.A. 561, S. 14; P.A. 77-245, S. 7; P.A. 87-382, S. 27, 55.)

      History: P.A. 77-245 changed "town" to "municipal" clerk; P.A. 87-382 substituted "demonstrator or spare voting" for "dummy" voting machine.

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      Sec. 9-256. Filing of sample ballot label with secretary. The clerk of each municipality shall, not less than ten days prior to an election, file with the Secretary of the State a sample ballot label identical with those to be provided for each polling place under section 9-255. The Secretary of the State shall examine the sample ballot label required to be filed under this section, and if such sample ballot label contains an error, the Secretary of the State shall order the municipal clerk to reprint a corrected sample ballot label or to take other such action as the secretary may deem appropriate.

      (1949 Rev., S. 1200; 1953, 1955, S. 731d; 1957, P.A. 561, S. 13; P.A. 77-303, S. 2, 3.)

      History: P.A. 77-303 provided for action to be taken by secretary of the state if sample ballot label contains an error.

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      Sec. 9-257. Location of voting tabulator and stationing of officials. The room in which the election is held shall be separated from the part of the room to be occupied by the election officials and the voting tabulator shall be placed, if possible, at least three feet from any wall or partition and at least four feet from the official checkers' table and the ballot clerks' table. Every part of the polling place shall be in plain view of the election officials. The tabulator shall be so placed that no person from any part of the room or from any place outside the room can see or determine how the elector casts his or her vote. The election officials shall be so stationed that no member thereof shall be concealed by the tabulator from the electors within the polling place. The moderator or some one designated by the moderator shall be stationed near the tabulator, shall regulate the admission of the elector's ballots thereto and shall always be in full view of the other election officials and the electors within the polling place.

      (1949 Rev., S. 1204, 1207; 1953, S. 733d; 1957, P.A. 561, S. 15; P.A. 07-194, S. 20.)

      History: P.A. 07-194 changed "machine" to "tabulator" and made conforming and technical changes.

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      Sec. 9-258. Election officials; additional lines of electors. For municipalities with more than one voting district, the election officials of each polling place, including voting tabulator technicians, shall be electors of the state and shall consist of one moderator, at least one but not more than two official checkers, two assistant registrars of voters of opposite political parties, each of whom shall be residents of the town, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, and at least one and not more than two ballot clerks and at least one but not more than two voting tabulator tenders for each voting tabulator in use at the polling place. A known candidate for any office shall not serve as an election official on election day or serve at the polls in any capacity, except that a municipal clerk or a registrar of voters, who is a candidate for the same office, may perform his or her official duties. If, in the opinion of the registrar of voters, the public convenience of the electors in any voting district so requires, provision shall be made for an additional line or lines of electors at the polling place and, if more than one line of electors is established, at least one but not more than two additional official checkers and at least one but not more than two ballot clerks for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional machine so used. Head moderators, central counting moderators, absentee ballot counters and voting tabulator technicians appointed pursuant to law shall also be deemed election officials. For municipalities with one voting district, the election officials of such polling place, except voting tabulator technicians, shall be electors of the town and shall consist of: One moderator, at least one, but not more than two official checkers, not more than two challengers if the registrars of voters have appointed challengers pursuant to section 9-232, at least one and not more than two voting tabulator tenders for each voting tabulator in use at the polling place and at least one but not more than two ballot clerks. Additionally, such election officials may consist of two registrars of voters of opposite political parties, or two assistant registrars of voters of opposite political parties, as the case may be, subject to the requirements of sections 9-259 and 9-439, who shall: (1) Be available by telephone and notify all registrars of voters' offices in the state of such telephone number, (2) be connected to the state-wide computerized registry list, and (3) have all voter card files in the polling place for reference. A known candidate for any office shall not serve as an election official on election day or serve at the polls in any capacity, except that a municipal clerk or a registrar of voters, who is a candidate for the same office, may perform his or her official duties. If, in the opinion of the registrar of voters, the public convenience of the electors in any voting district so requires, provision shall be made for an additional line or lines of electors at the polling place and, if more than one line of electors is established, at least one, but not more than two, additional official checkers for each line of electors shall be appointed and, if more than one tabulator is used in a polling place, at least one and not more than two additional voting tabulator tenders shall be appointed for each additional tabulator so used. Head moderators, central counting moderators, absentee ballot counters and voting tabulator technicians appointed pursuant to law shall be deemed to be election officials. No election official shall perform services for any party or candidate on election day nor appear at any political party headquarters prior to eight o'clock p.m. on election day.

      (1949 Rev., S. 1058, 1203; 1953, 1955, S. 734d; 1959, P.A. 28, S. 47; 47; P.A. 74-109, S. 7, 11; P.A. 75-488, S. 2, 3; P.A. 76-24; P.A. 77-245, S. 8; P.A. 80-215, S. 6; P.A. 83-391, S. 17, 24; P.A. 84-546, S. 20, 173; P.A. 88-91; P.A. 07-194, S. 21.)

      History: 1959 acts substituted registrars or assistant registrars of voters for deputy registrars and removed reference to trial justice court which was abolished; P.A. 74-109 removed the exception for office of justice of the peace from prohibition against candidates serving as election officials effective upon adoption of Senate Joint Resolution No. 22 of the 1973 session as an amendment to the constitution of Connecticut; P.A. 75-488 added "and party checkers" to "additional officers" to be appointed if more than one line of electors is established; P.A. 76-24 changed "party checkers" to "unofficial checkers"; P.A. 77-245 changed "town" to "municipal" clerk; P.A. 80-215 added qualification that election officials be electors of the town; P.A. 83-391 amended section to provide that voting machine mechanics need not be electors of town and to permit use of less than two challengers and two voting machine tenders and added provision to clarify that head moderators, central counting moderators, absentee ballot counters and voting machine mechanics are election officials and to provide that election officials shall not perform services for any party or candidate on election day; P.A. 84-546 moved exception re voting machine mechanics; P.A. 88-91 prohibited a municipal clerk or a registrar of voters who is a candidate for a different office from serving as an election official on election day or serving at the polls in any capacity; P.A. 07-194 established requirements for municipalities with more than one voting district and requirements for municipalities with one voting district, replaced "voting machine" with "voting tabulator" and made conforming changes.

      To "take part in count" construed. What ballots to be rejected because of participation in count. 62 C. 482.

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      Sec. 9-258a. Two shifts of election officials. Notwithstanding any provision of the general statutes, special acts or its charter, in each municipality the registrars of voters, or assistant registrar of voters, as the case may be may establish, except for unofficial checkers and the moderator, two shifts of election officials for each polling place. In each polling place for which two or more shifts of election officials have been provided in this section or section 9-235, the moderator shall keep a written record of the specific hours and time served at the polls by each election official. In each such polling place, all members of second shifts, including official checkers, assistant registrars and ballot clerks of second shifts, shall be present at the closing of the polls and shall remain until all paperwork has been executed.

      (1969, P.A. 500, S. 1; P.A. 88-173, S. 3; P.A. 07-194, S. 22.)

      History: P.A. 88-173 excepted unofficial checkers from provision allowing legislative body to establish two shifts of election officials; P.A. 07-194 provided registrars of voters or assistant registrars of voters with authority to establish two shifts of election officials and made technical changes.

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      Sec. 9-259. Duties of election officials before polls open; moderator's return certificates. (a) The moderator of the election in each municipality, voting district or ward shall appear at the office of the registrar of voters not later than eight o'clock p.m. of the day before the election and there receive from the registrar of voters the sample ballot, all checklists and other supplies necessary to conduct the election that have not been delivered previously. The moderator shall receive keys for each voting tabulator to be used in the polling place and sign a receipt for such.

      (b) On the morning of the election, the election officials shall meet at the room where the election is to be held at least forty-five minutes before the time for opening the polls. The moderator shall then cause the sample ballot and instructions to be posted and everything put in readiness for the commencement of voting at the hour of opening the polls. The moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, shall examine the numbers on the seals of the tabulator.

      (c) The moderator's return which the moderator receives from the registrars of voters for all elections shall be in a form prescribed by the Secretary of the State. The moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, before the polls are opened, shall indicate on the return: (1) The delivery of the tabulator; and (2) the numbers on the seals. Additionally, the moderator and the registrars of voters, or the assistant registrars of voters, as the case may be, shall produce a zero tape indicating that the public counter is set at zero (000). The seal on the tabulator shall remain unbroken. If the seal is broken, the registrars of voters shall be notified immediately and the tabulator tape shall be produced. If the tape does not show all zeros, the registrars of voters shall be notified immediately and the tabulator shall not be used.

      (d) In addition to the requirements established in subsection (c) of this section, the return shall include a certificate, which shall be filled out after the polls have been closed and which indicates that the tabulator has been locked against voting and remains sealed and that also indicates the number of electors as shown on the public counter along with the number on all the seals. The moderators' returns shall show the total number of votes cast for each office, the number of votes cast for each candidate and the number of votes for persons not nominated, which shall be certified by the moderator and registrars of voters, or assistant registrars, as the case may be.

      (1949 Rev., S. 1205; 1953, S. 735d; 1957, P.A. 561, S. 16; 1959, P.A. 487, S. 4; February, 1965, P.A. 195, S. 1; 408, S. 1; P.A. 75-123; P.A. 83-475, S. 21, 43; P.A. 98-67, S. 5, 10; P.A. 00-66, S. 23; 00-79, S. 1; P.A. 07-194, S. 23.)

      History: 1959 act required registrars rather than selectmen, wardens or mayors to be present when envelope is opened where the numbers on machine and on envelope with keys do not agree; 1965 acts changed from six to eight o'clock the afternoon before election the time before which moderator to appear at office of municipal clerk, added provision where machine is equipped with device for printing totals that the doors concealing the counters shall not be opened, required election officials to examine printed record to see that each counter registers zero and allowed watchers to examine the record; P.A. 75-123 provided that moderator's return be in form prescribed by secretary of the state; P.A. 83-475 provided for receipt of only the number two and three keys for machines; P.A. 98-67 added sentence re availability of number four election official key, effective July 1, 1998; P.A. 00-66 divided section into Subsecs.; P.A. 00-79 added provision requiring supplies provided by municipal clerk to moderator to include minimum number of paper ballots; P.A. 07-194 changed "municipal clerk" to "registrar of voters", divided existing Subsec. (c) into Subsecs. (c) and (d), amended procedures re voting machines to reflect use of voting tabulators, deleted former Subsec. (d) re mechanic's seal and made conforming and technical changes.

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      Sec. 9-260. Instruction by means of demonstrator or spare voting machine. A metal demonstrator machine or spare voting machine shall be provided inside the polling place for the instruction of electors. Any such spare voting machine shall not be used for voting and shall be provided in addition to any additional voting machines required pursuant to section 9-238. Any such demonstrator machine shall represent at least five office columns of the two upper rows on the voting machine. Such demonstrator or spare voting machine shall contain, in each space provided for the name of a party, the designation "name of party", in each space provided for the name of a candidate, the designation "name of candidate", in each space provided for the name of an office, the designation, "office", and in each space provided for a question, the designation, "Question-Statement of Question-Yes-No". A spare voting machine provided for the purposes of this section shall contain, in the upper left-hand corner, directly opposite the write-in slides, the designation "write-in slides". The party levers on such demonstrator or spare voting machine shall be covered. At a primary, each space provided for a question shall be left blank. Upon request by any elector who desires instruction after he has entered the polling place and prior to casting his vote, two election officials of different political parties jointly shall instruct such elector on the demonstrator or spare voting machine by causing such elector himself to operate the parts of such demonstrator or spare voting machine.

      (1949 Rev., S. 1208; 1953, S. 736d; 1957, P.A. 561, S. 17; P.A. 87-382, S. 28, 55.)

      History: P.A. 87-382 authorized the use of a spare voting machine in place of a demonstrator machine and changed the term "dummy machine" to "demonstrator machine".

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      Sec. 9-261. Process of voting. (a) In each primary, election or referendum, when an elector has entered the polling place, the elector shall announce the elector's street address, if any, and the elector's name to the official checkers in a tone sufficiently loud and clear as to enable all the election officials present to hear the same. Each elector who registered to vote by mail for the first time on or after January 1, 2003, and has a "mark" next to the elector's name on the official registry list, as required by section 9-23r, shall present to the official checkers, before the elector votes, either a current and valid photo identification that shows the elector's name and address or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the elector. Each other elector shall (1) present to the official checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (2) on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement that the elector is the elector whose name appears on the official checklist. Such form shall clearly state the penalty of false statement. A separate such form shall be used for each elector. If the elector presents a preprinted form of identification under subdivision (1) of this subsection, the official checkers shall check the name of such elector on the official checklist. If the elector completes the form under subdivision (2) of this subsection, the registrar of voters or the assistant registrar of voters, as the case may be, shall examine the information on such form and either instruct the official checkers to check the name of such elector on the official checklist or notify the elector that the form is incomplete or inaccurate.

      (b) In the event that an elector is present at the polling place but is unable to gain access to the polling place due to a temporary incapacity, the elector may request that the ballot be brought to him or her. The registrars of voters or the assistant registrars of voters, as the case may be, shall take such ballot, along with a privacy sleeve to such elector. The elector shall show identification, in accordance with the provisions of this section. The elector shall forthwith mark the ballot in the presence of the election officials in such manner that the election officials shall not know how the ballot is marked. The elector shall place the ballot in the privacy sleeve. The election officials shall mark the elector's name on the official voter list as having voted and deliver such ballot and privacy sleeve to the voting tabulator where such ballot shall be placed into the tabulator, by the election official, for counting. The moderator shall record such activity in the moderator's diary.

      (c) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote, pursuant to section 9-431, an unaffiliated elector shall also announce to the separate table of the official checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the official checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors, provided such choice shall not alter the elector's unaffiliated status.

      (d) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote or in which one party is holding a primary in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the official checkers shall give to each elector checked a receipt provided by the registrar of voters, in a form prescribed by the Secretary of the State, specifying either (1) the party with which he is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary he has so chosen to vote, and whether he is authorized to vote for only a partial ballot.

      (e) If not challenged by anyone lawfully present in the polling place, the elector shall be permitted to pass to the separated area to receive the ballot. The elector shall give any receipt the elector has received to a ballot clerk who shall give the elector a ballot to vote only in the primary of the party specified by the receipt. The elector shall be permitted into the voting booth, and shall then register his or her vote in secret. Having voted, the elector shall immediately exit the voting booth and deposit the ballot in the voting tabulator and leave the room. No elector shall remain within the voting booth longer than the time necessary to complete the ballot, and, if the elector refuses to leave such booth after completing the ballot, the elector shall at once be removed by the election officials upon order of the moderator. Not more than one elector at a time shall be permitted to be within the enclosed space which the elector occupies while the elector completes his or her ballot, provided an elector may be accompanied within such enclosed space by one or more children who are fifteen years of age or younger and supervised by the elector, if the elector is the parent or legal guardian of such children. At least two additional electors, whose next turn it is to vote shall be permitted in the polling area for the purpose of receiving a ballot. If any elector, after entering the voting booth, asks for further instruction concerning the manner of voting, the election officials shall give such instructions or directions to the elector; but no election official instructing or assisting an elector, except as provided in section 9-264, shall look at the ballot in such a way as to see the elector's markings or in any manner seek to influence any such elector in the casting of the elector's vote.

      (1949 Rev., S. 1206, 1209; 1953, S. 737d; 1967, P.A. 647; P.A. 87-251, S. 2; 87-509, S. 10, 24; P.A. 93-300; P.A. 95-87, S. 1; P.A. 97-154, S. 18, 27; P.A. 99-276, S. 1, 15; June 30 Sp. Sess. P.A. 03-6, S. 101; P.A. 04-74, S. 3; P.A. 07-194, S. 24.)

      History: 1967 act changed from one to two minutes times allowed elector to remain in voting booth; P.A. 87-251 allowed children 10 years of age or younger to accompany an elector within enclosed space occupied by elector while operating machine; P.A. 87-509 divided section in to Subdivs., in Subdiv. (1) substituted "checklist" for "registry list", added Subdivs. (2) and (3) re process of voting for unaffiliated electors when two or more parties hold primaries in which unaffiliated electors authorized to vote or (Subdiv. (3) only) one party holds primary in which unaffiliated electors authorized to vote for some but not all offices contested at primary and, in Subdiv. (4) added provisions re receipt; P.A. 93-300 added Subdiv. (1)(B), requiring elector to present identification or sign statement that he is elector whose name appears on checklist; P.A. 95-87 revised Subsec., Subdiv. and Subpara. indicators to conform with customary statutory usage and in Subsec. (a) replaced forms "provided" by Secretary of the State with "prescribed" forms; P.A. 97-154 amended Subsec. (d) to increase maximum age of children who may accompany an elector into enclosed space of voting machine booth, from 10 years to 15 years, and to add proviso that such elector be the parent or legal guardian of such children, effective July 1, 1997; P.A. 99-276 amended Subsec. (a) by applying provisions to each primary, election and referendum, effective January, 1, 2000; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) by renumbering subdivisions, requiring each elector who registered to vote by mail for first time on or after January 1, 2003, and has a mark next to the elector's name on registry list to present identifying information to checkers before voting, requiring elector signing statement to write elector's residential address and date of birth and print elector's name on form which states penalty of false statement, requiring separate form for each elector, requiring assistant registrar of voters to examine information on form and instruct checkers, and making technical changes for purposes of gender neutrality, effective January 1, 2004; P.A. 04-74 amended Subsec. (a) to replace reference to Sec. 9-23g(e) with reference to Sec. 9-23r, effective May 10, 2004; P.A. 07-194 added new Subsec. (b) re temporary incapacity, redesignated existing Subsecs. (b) to (d) as Subsecs. (c) to (e), replaced "checkers" with "official checkers" and "municipal clerk" with "registrar of voters", deleted provisions re voting machines and made conforming and technical changes.

      Cited. 135 C. 150.

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      Sec. 9-261a. Preparation of polling place form of identification by committee prohibited. No committee, as defined in section 9-601, shall prepare any form of identification for the purpose of being presented to the checkers at the polling place pursuant to section 9-261.

      (P.A. 95-122, S. 2.)

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      Sec. 9-262. Duties of election officials during voting hours. During the entire period of an election, at least one of the election officials shall be stationed approximately three to four feet from the voting tabulator to regulate the submission of the elector's ballot. The election officials shall also, at such intervals as such officials deem proper or necessary, examine the voting booth to ascertain whether it has been defaced or damaged and to detect the wrongdoer and repair the damage. After the opening of the polls, no election official shall allow any person other than the election officials to pass within the area where the voting booths and voting tabulator are situated, except for the purpose of voting or except as provided in this part. No election official shall remain or permit any person to remain in any position or near any position that would permit him to see or ascertain how an elector votes.

      (1949 Rev., S. 1206; 1953, S. 738d; P.A. 07-194, S. 25.)

      History: P.A. 07-194 replaced provisions re voting machine with provisions re voting tabulator and made conforming and technical changes.

      Cited. 135 C. 150.

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      Sec. 9-263. Use of paper ballots when voting machine damaged. Section 9-263 is repealed, effective October 1, 2007.

      (1949 Rev., S. 1206; 1953, S. 739d; 1957, P.A. 561, S. 18; 1959, P.A. 487, S. 5; P.A. 80-339, S. 2; P.A. 95-185, S. 2; P.A. 00-79, S. 2; P.A. 04-113, S. 7; P.A. 07-194, S. 47.)

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      Sec. 9-264. Assistance to elector who is blind, has disability or is unable to write or to read the ballot. Paper ballots available for electors with disabilities. (a) An elector who requires assistance to vote, by reason of blindness, disability or inability to write or to read the ballot, may be given assistance by a person of the elector's choice, other than (1) the elector's employer, (2) an agent of such employer or (3) an officer or agent of the elector's union. The person assisting the elector may accompany the elector into the voting machine booth. Such person shall register such elector's vote upon the machine as such elector directs. Any person accompanying an elector into the voting machine booth who deceives any elector in registering his vote under this section or seeks to influence any elector while in the act of voting, or who registers any vote for any elector or on any question other than as requested by such elector, or who gives information to any person as to what person or persons such elector voted for, or how he voted on any question, shall be fined not more than one thousand dollars or imprisoned not more than five years or both.

      (b) Paper ballots provided by the municipal clerk to the moderator pursuant to section 9-259 shall be made available for electors with disabilities in polling places in which a voting machine cannot be adjusted to allow all necessary parts to be reached from a chair. Such paper ballots shall be used at the option of the elector with disabilities. The elector shall announce the elector's name to the checkers who shall cross the elector's name off the registry list and add it with the elector's address to the end of the official checklist where it shall be designated "paper ballot for persons with disabilities" or "PBD" and serially numbered. After the elector has so announced the elector's name, the moderator shall deliver to the elector an absentee ballot and a serially-numbered envelope. The elector shall forthwith mark the ballot in the presence of the moderator in such manner that the moderator shall not know how the ballot is marked. The elector shall fold the ballot in the presence of the moderator so as to conceal the markings and deposit and seal it in the serially-numbered envelope. The elector shall deliver the envelope to the moderator who shall place it in a specially-designated depository envelope. The paper ballots thus received shall be counted at the next scheduled absentee ballot count in the same manner as other absentee ballots. Such ballots so counted shall be preserved by placing them in the depository envelopes with the regular absentee ballots, and such serially-numbered envelopes shall be placed in the depository envelopes with the regular absentee ballot envelopes.

      (1949 Rev., S. 1210; 1953, S. 740d; 1961, P.A. 431; P.A. 75-133; P.A. 87-382, S. 29, 55; P.A. 93-384, S. 10, 28; P.A. 00-79, S. 3.)

      History: 1961 act made special provision for blind electors and made other technical changes; P.A. 75-133 deleted provision for physically disabled voter to be accompanied into voting machine booth by two election officials of opposite parties, substituting therefor a person of his choice who is a Connecticut elector and providing for such person to register disabled voter's vote on machine as he directs; P.A. 87-382 amended provisions to clarify who qualifies for assistance and to indicate who may provide assistance to an elector and deleted a reference to voting for a "ticket"; P.A. 93-384 designated existing provisions as Subsec. (a) and added Subsec. (b) requiring paper ballots to be made available to electors with disabilities who are unable to reach all necessary parts of voting machine, effective June 29, 1993; P.A. 00-79 amended Subsec. (b) to specify paper ballots "provided by the municipal clerk to the moderator pursuant to section 9-259" and to make technical changes.

      See Sec. 9-297 re prohibition against interference with elector in vicinity of ballot box or stub box, and re assistance to physically disabled elector in preparation of ballot.

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      Sec. 9-265. Write-in votes. (a) A write-in vote for an office, cast for a person who has registered as a write-in candidate for the office pursuant to subsection (b) of section 9-175 or section 9-373a, shall be counted and recorded. Except as otherwise provided in this section, a write-in vote cast for a person who has not registered shall not be counted or recorded.

      (b) Except as otherwise provided in this section, in the case of an office for which an elector may vote for only one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall be counted and recorded. In the case of an office for which an elector may vote for more than one candidate, a write-in vote cast for a person nominated for that office by a major or minor party or by nominating petition shall not be counted or recorded.

      (c) A write-in vote for the office of Governor or Lieutenant Governor, cast for a person nominated for either of those offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.

      (d) Except as hereinafter provided, a write-in vote for the office of President or Vice-President cast for a person nominated for such office by a major or minor party or by nominating petition shall be counted and recorded and deemed to be a vote for each of the duly-nominated candidates for the office of presidential elector represented by such candidate for President or Vice-President. A write-in vote for the office of President or Vice-President, cast for a person nominated for either of such offices by a major or minor party or by nominating petition, in conjunction with a write-in vote for the other such office cast for a person nominated for either office by a different party or petition, shall not be counted or recorded for either office.

      (e) If the name of a person is written in for the office of Governor or Lieutenant Governor, or President or Vice-President, as the case may be, and no name is written in for the other office, such write-in vote shall be counted and recorded if it meets the other requirements of this section.

      (f) A write-in vote shall be cast in its appropriate place on the ballot. A write-in vote for Governor and Lieutenant Governor, or for President and Vice-President, as the case may be, shall be written in a single space, provided that if only one name is written in the space it shall be deemed to be a vote for Governor, or for President, as the case may be, unless otherwise indicated. A write-in vote shall be written upon the ballot.

      (g) A write-in vote which is not cast as provided in this section shall not be counted or recorded.

      (1949 Rev., S. 1211; March, 1950, S. 262b; 1953, S. 741d; 1957, P.A. 561, S. 19; 1963, P.A. 401, S. 3; 1969, P.A. 280; P.A. 77-82, S. 2; 77-245, S. 10; P.A. 81-350, S. 11, 17; P.A. 83-475, S. 22, 43; P.A. 87-589, S. 20, 87; P.A. 98-67, S. 2, 10; P.A. 07-194, S. 26.)

      History: 1963 act provided for pairing of governor and lieutenant governor; 1969 act prohibited writing-in of candidates name from two different parties where the names appear on the ballot label in casting votes for governor and lieutenant governor and provided that a write-in of one name which already appears on the ballot unaccompanied by a write-in for the other office bars the counting of the ballot; P.A. 77-82 included provision for candidates for office of presidential elector to be deemed to appear on ballot label and names of presidential and vice-presidential candidates appearing on ballot label shall be deemed to be candidates for the office under which designation their names appear, for the purposes of this section; P.A. 77-245 changed "town" to "municipal" clerk; P.A. 81-350 amended section to require labeling of write-in slides on voting machines; P.A. 83-475 deleted all of prior existing section and replaced with new Subsecs. (a) to (g), inclusive, permitting write-in votes cast by electors for candidates whose names appear on the ballot label to be counted for offices for which electors may only vote for one candidate, and setting forth procedure for casting write-in ballots; P.A. 87-589 made technical change in Subsec. (g); P.A. 98-67 added provision in Subsec. (f) re when registrars required to lock write-in slides, effective July 1, 1998; P.A. 07-194 changed "write-in ballot" to "write-in vote" and made conforming changes.

      See Sec. 9-153e re write-in votes on special absentee ballots for certain military personnel.

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      Sec. 9-266. Keys to be kept. Storage of voting tabulator. When the voting tabulator has been locked at the close of an election, the moderator shall return the keys for the tabulator to the registrars of voters with the official returns. Except as provided in section 9-311, such registrars of voters shall securely keep such keys and not permit the same to be taken, or any tabulator to be unlocked, for a period of fourteen days from the election, unless otherwise ordered by a court of competent jurisdiction, or by the State Elections Enforcement Commission. All tabulators shall be collected immediately on the day after election or as soon thereafter as possible, and shall be secured and stored in a place or places directed by the registrars of voters.

      (1949 Rev., S. 1203, 1215; 1953, S. 742d; 1957, P.A. 526, S. 6; 561, S. 20; P.A. 86-1, S. 2, 5; P.A. 95-88, S. 1; P.A. 07-194, S. 27.)

      History: P.A. 86-1 added reference to order issued by state elections enforcement commission; P.A. 95-88 changed number of days machine remains locked from 10 to 14; P.A. 07-194 changed "voting machine" to "voting tabulator" and made conforming and technical changes.

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      Sec. 9-267. Removal of officials. If, at any time during the performance of his duties, any moderator, challenger, voting machine tender or checker is, from any cause, found incompetent, the registrars may remove him and appoint a competent person in his stead.

      (1949 Rev., S. 1082; 1953, S. 743d; 1971, P.A. 285.)

      History: 1971 act added moderator and challenger to those who may be removed for incompetence.

      See Sec. 9-298 re removal of counter, booth-tender, box-tender, ballot-clerk or checker for incompetence.

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      Sec. 9-268. Duties of selectmen imposed on other officials. Whenever the duties imposed by this part upon selectmen are imposed by the charter of any municipality upon any other officer or officers, the term "selectmen", as used herein, shall be construed to apply to such other officer or officers, who shall be vested with all the powers and duties and shall be subject to all the obligations imposed by this chapter upon such selectmen. In any municipality where by charter the duties of selectmen are limited to the admission of electors and are not imposed by charter upon any other officer or officers, the term "selectmen", as used herein, shall apply to the registrars of voters of such municipality, who shall be vested with all the powers and duties and shall be subject to all the obligations imposed by this part upon such selectmen.

      (1949 Rev., S. 1223; 1953, S. 744d.)

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      Sec. 9-269. Borough election officials. In the case of a borough election, the duties and privileges of the various town and city officials specified in this part shall be exercised by the corresponding borough officials.

      (1949 Rev., S. 1192; 1953, S. 745d.)

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PART II
PAPER BALLOTS

      Sec. 9-270. Votes by paper ballots. The provisions of this part shall apply to votes taken by paper ballots in accordance with the provisions of sections 9-271 and 9-272.

      (1953, S. 746d.)

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      Sec. 9-271. Referenda by paper ballots. The legislative body in each municipality may direct that the vote upon any question or measure to be submitted to the electors of such municipality at any election to be held therein shall be taken by paper ballots if there is insufficient space on the voting machines.

      (1949 Rev., S. 1193; 1951, S. 259b; 1953, S. 747d.)

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      Sec. 9-272. Conditions under which use of voting tabulators may be discontinued. If, owing to the number of candidates to be voted upon or owing to inability to obtain a sufficient number of voting tabulators, it is found impracticable to use voting tabulators at any election to be held in any municipality, or in one or more of the voting districts therein, the registrars of voters may discontinue the use of such tabulators for such election in any of the voting districts therein, and shall thereupon cause ballots to be procured and used at such election, as provided by this part, in each of the voting districts wherein the use of voting tabulators has been so discontinued.

      (1949 Rev., S. 1196; 1951, S. 260b; 1953, S. 748d; 1963, P.A. 210; P.A. 07-194, S. 40.)

      History: 1963 act authorized municipal clerk and registrars rather than board of selectmen, common council or, warden and burgesses to discontinue use of machines; P.A. 07-194 replaced "voting machines" with "voting tabulators" and made technical changes.

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      Sec. 9-273. Preparation of ballots. All ballots used at regular and special state elections shall be prepared by the Secretary of the State and printed at the expense of the state. All ballots used at regular and special municipal elections shall be printed by the Secretary of the State at the expense of the municipality for which such ballots are prepared. All such ballots shall be printed on white paper of uniform color, quality and thickness for each ballot of the same class, to be determined by said secretary.

      (1949 Rev., S. 1035; 1953, S. 749d.)

      Cited. 10 CS 252.

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      Sec. 9-274. Secretary may prescribe forms. The Secretary of the State may prescribe the type to be used in and the instructions to appear on any ballot printed pursuant to the provisions of this part, for which no specific provision is contained in said part. No column, under the name of any political party or independent organization, which contains more candidates for any office than the number for which an elector may vote for that office shall be printed on any official ballot.

      (1949 Rev., S. 1042, 1063; 1953, S. 750d.)

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      Sec. 9-275. Secret ballot. Each ballot shall be so printed and, when voted, shall be so folded that the entire face of the ballot is concealed, and the stub shall be torn off at the time of voting, without exposing any part of the face of the ballot.

      (1949 Rev., S. 1063; 1953, S. 751d.)

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      Sec. 9-276. Form for printing ballots. All ballots shall be printed on the same leaf with a stub and shall be separated therefrom by a perforated line. The part above the perforated line, designated as the stub, shall extend the entire width of the ballot and shall be of sufficient depth to allow the instructions to electors to be printed thereon, which depth shall not be less than two inches from the perforated line to the top thereof. Upon the face of each stub shall be printed, in type to be prescribed by the Secretary of the State: "This ballot shall be marked with a pencil having black lead or a pen making a blue or black mark. Any other marks than a cross (×), plus (+) or check (√) used for voting will render this ballot void. If you tear, deface or wrongly mark this ballot, return it and get another. To vote for any candidate whose name appears, place a cross (×), plus (+) or check (√) in the voting space at the left of the name of each candidate for whom you desire to vote; and you may also write, in the space in the blank column designated for the office, the name of any registered write-in candidate for whom you desire to vote for such office", in type to be prescribed by the Secretary of the State. On the back of each ballot, below the stub, at the foot and in the center thereof, shall be printed, in eighteen-point Roman condensed capitals, the words "Official Ballot For", and after the word "For" shall follow the designation of the municipality, ward or voting district, as the case may be, for which the ballot is prepared and the date of the election. Ballots for municipalities divided into wards or voting districts shall be endorsed "Official Ballot For", and after the word "For" shall follow the designation of the municipality, and the ward or voting district therein, as the case may be, for which the ballot is prepared and the date of the election. On the front of the stub and immediately above the center of the endorsement on the back of the ballot when folded shall be printed the consecutive number of the ballot intended for such municipality, and the ward or voting district therein, as the case may be, beginning with the number one and increasing in regular numerical order. All ballots of the same kind, prepared for the same polling place, shall be of the same size and arrangement, so that when the stubs, numbered as aforesaid, are detached therefrom, it shall be impossible to distinguish any one of the ballots from the other ballots of the same kind. If two or more officers are to be elected to the same office for different terms, the term for which each is nominated shall be printed upon the ballot as a part of the title of the office. If, at any election, one candidate is to be elected for a full term and another to fill a vacancy, the ballots containing the names of the candidates shall, as a part of the title of the office, designate the term which such candidates are severally nominated to fill.

      (1949 Rev., S. 1039; 1953, S. 752d; 1963, P.A. 223, S. 1; P.A. 87-382, S. 30, 55.)

      History: 1963 act changed allowable ballot marks from a cross-mark (×) to a cross (×), plus (+) or check (√), and permitted the use of a blue or black pen as well as a black lead pencil; P.A. 87-382 repealed provisions re straight ticket and split ticket sections on stub, substituted "registered write-in candidate" for "person not printed on a ballot" and repealed requirement that facsimile of secretary of the state's signature be printed on back of ballot.

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      Secs. 9-277 and 9-278. Straight and split ticket sections. Form of straight ticket section. Sections 9-277 and 9-278 are repealed.

      (1949 Rev., S. 1036, 1037, 1042; 1953, S. 753d, 754d; 1963, P.A. 223, S. 2; P.A. 87-382, S. 54, 55.)

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      Sec. 9-279. Form of ballot. The ballot shall be two and one-quarter inches in width or as many times such width as is necessary to contain the names of all candidates nominated and the instructions for which provision is herein made and proper blank spaces to write in names not printed on the ballot. In one of such columns at the left side of the list of party candidates, shall be inserted instructions for voting in eight-point Gothic type "vote for one" or "vote for two", or more, according to the number to be elected to the office listed opposite to such instruction and at the right thereof. Each column shall be headed by the name of the party the candidates of which are listed therein, in type not smaller than eighteen point, and shall be arranged in the order prescribed by law. The number of such columns shall exceed by one the number of separate columns of nominated candidates to be voted for at the polling place for which the ballot is provided. The title of the office, with the names of the candidates therefor, shall be printed in a space one-half inch in depth and at least two inches in width, defined by light horizontal lines, with a blank space on the left thereof one-fourth of an inch in size enclosed on all sides by light lines, which space shall be known as the voting space. When two or more persons in the same party column are to be voted for for the same office and for the same term, the title of the office shall be printed in the first space only. On the right of each ballot shall be a column in which shall be printed only the titles of the offices for which candidates may be voted for by electors at the polling place for which the ballot is printed. Such column shall be designated "Blank Column" and in such column the voting space shall be omitted, but in all other respects such blank column shall be a duplicate of the political party column upon each ballot. The titles of the offices to be voted for shall be printed in eight-point Gothic type and the names of the candidates shall be printed upon the face of the ballots in black ink in spaces one-half inch in depth and in type of uniform size and style to be prescribed by the Secretary of the State. The names of candidates shall be arranged in such order as the Secretary of the State directs, precedence being given to the candidates of the party which polled the highest number of votes for Governor at the last-preceding regular election for such office, and so on in descending order.

      (1949 Rev., S. 1038, 1042; 1953, S. 755d; P.A. 87-382, S. 31, 55.)

      History: P.A. 87-382 repealed provisions re split ticket section and added wording to replace such provisions.

      Cited. 10 CS 252.

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      Sec. 9-280. Sample ballots. In addition to the official ballots delivered to each municipal clerk, the Secretary of the State shall, at least one week before any election, send to the clerk of any municipality in which any election is to be held a number of sample ballots for general distribution, printed on pink paper, such number to be equal to twenty-five per cent of the total number of official ballots sent to such municipality, and the expense of printing such ballots shall be paid by the municipality. The expense of delivery of all official and sample ballots provided for by this part shall be prepaid by the state. Any person desiring an additional number of sample ballots may obtain the same by filing with the Secretary of the State, within three days after all nominations have been made, an application therefor, and by paying to said secretary the actual cost thereof; and said secretary shall deliver such sample ballots at least one week before the election at which the official ballots are to be used.

      (1949 Rev., S. 1046; 1953, S. 756d.)

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      Sec. 9-281. Insertion on ballot on death of nominee. If a nomination is made as provided in section 9-460 and is certified to the Secretary of the State at least twenty-four hours prior to the opening of the polls on the date of the election for which such nomination is made, the Secretary of the State shall print ballots having the nomination thus made appearing thereon or, if such a nomination is made and certified in accordance with section 9-460 at a time when it is impossible for the Secretary of the State to print ballots containing the name of the nominee designated pursuant to said section, the Secretary of the State shall provide stickers to be inserted upon the official ballots designating the nominee thus named, and the moderator in each municipality affected shall cause such stickers to be pasted upon the official ballots before the same are handed to the electors on election day for voting. The provisions of this section shall not apply in the event of a nomination thus made and certified to the Secretary of the State within twenty-four hours of the opening of the polls on the day of the election for which such nomination is made.

      (1949 Rev., S. 1034; 1953, S. 757d; 1963, P.A. 17, S. 90.)

      History: 1963 act changed internal reference from prior primary law to its restatement.

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      Sec. 9-282. Ballot to resolve tie vote. If the electors fail to choose a candidate for any office by reason of an equality of votes at any election, and no provision is otherwise made by law for the election of a candidate to such office, such election shall stand adjourned for one week at the same hour at which the first election was held. Official ballots of the same form and description as hereinbefore described, except that such ballots shall contain only the names of the candidates for which the same are to be voted, shall be used in the election on such adjourned day, and the election shall be conducted in the same manner as on the first day, except that the ballots shall be given for such officer only. Ballots for such election shall be procured forthwith from the Secretary of the State by the clerk of the municipality wherein such election stands adjourned, and such clerk shall furnish the Secretary of the State with an accurate list of all candidates to be voted for at such adjourned election.

      (1949 Rev., S. 1085; 1953, S. 758d.)

      Moderator, town clerk and selectman have no power to make this statute effective and mandamus does not lie against them. 130 C. 717.

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      Sec. 9-283. Secretary to transmit ballots. The Secretary of the State shall transmit the ballots so printed and prepared, folded in the manner in which they are to be voted, to the town clerk of each town or, in the case of a city or borough election, to the city or borough clerk, as the case may be, so that they shall be received by such clerk at least two days, Sundays not included, before the opening of the polls. The clerk of such municipality shall, by himself or agent, upon request of the Secretary of the State, procure such ballots from the office of the Secretary of the State and receipt for the same.

      (1949 Rev., S. 1047; 1953, S. 759d.)

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      Sec. 9-284. Clerks to obtain ballots if not received two days before election. In the case of a state or town election, the town clerk and, in the case of a city or borough election, the city or borough clerk, if ballots are not received from the Secretary of the State as provided in section 9-283 at least two days, Sundays not included, prior to the time for the opening of the polls at any such election, shall forthwith send a special messenger for such ballots.

      (1949 Rev., S. 1049; 1953, S. 760d.)

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      Sec. 9-285. Packaging of ballots; method of opening. The ballots shall be enclosed and sealed in packages, upon the wrapper of which shall appear the number of ballots contained therein and the municipality, ward or voting district for which they are intended. Each package shall be contained in an outer wrapper upon which shall plainly appear the name of the municipal clerk and the address to which such package is to be sent, together with a facsimile of the state seal and such other markings as the Secretary of the State deems necessary. The municipal clerk receiving such package shall remove the outer wrapper and shall deliver such package with the inner wrapper intact to the ballot clerk of the municipality or ward or voting district therein, for which such ballots are intended for use, at least thirty minutes before the opening of the polls, and the ballot clerks shall give a receipt to the municipal clerk for the ballots so delivered. Such municipal clerk shall, in the presence of the registrars of voters, open and break the seal of such inner wrapper and in their presence examine such ballots for the purpose of verifying their correctness; and, if such ballots are found correct, such inner wrapper shall be immediately resealed and such municipal clerk and registrars shall sign their names or initials on such new seal in the presence of each other.

      (1949 Rev., S. 1048; 1953, S. 761d.)

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      Sec. 9-286. Ballot box sealing stamp. The Secretary of the State shall, at the time when he distributes the official ballots for any regular election, furnish to each municipal clerk to whom ballots are so distributed one adhesive ballot box sealing stamp for each ballot box to be used in such election, which stamp shall be of cloth-lined paper and shall not be less than five and one-fourth inches in width by thirty-two inches in length, upon the face of which shall be printed a facsimile of the seal of the state and the date of the election. The clerk of each municipality in which an election is to be held shall notify the Secretary of the State, not less than ten days before the date of such election, of the number of ballot boxes to be used in such municipality in such election.

      (1949 Rev., S. 1073; 1953, S. 762d.)

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      Sec. 9-287. Ballot box lock. Each ballot box used in any election shall be provided with a lock which shall be set and securely fastened in a mortise so as to be flush with the side or surface of such box and so arranged as to be locked and unlocked by means of a key. Such locks and keys shall be provided by the registrar of voters at the expense of the municipality.

      (1949 Rev., S. 1076, 1077; 1953, S. 763d, 764d; P.A. 07-194, S. 28.)

      History: P.A. 07-194 provided that registrar of voters, rather than selectmen of each town, shall provide locks and keys.

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      Sec. 9-288. Clerks to be custodians of keys. The keys for each of such locks shall be labeled so as to readily show to what box they belong and shall be delivered by the selectmen or registrars, as the case may be, to the municipal clerk, who shall be the custodian thereof. Whenever any such ballot boxes are to be used at any election, the municipal clerk shall deliver the keys thereof to the moderator and, upon the completion of the count, and when such boxes have been locked and sealed, the moderator shall return all of such keys to the municipal clerk and receive a receipt therefor.

      (1949 Rev., S. 1078; 1953, S. 765d.)

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      Sec. 9-289. Registrars of voters to provide rooms or booths and ballot boxes. The registrars of voters shall provide a suitable room or rooms or booths for holding all elections at which paper ballots are to be used and shall give public notice of the location thereof at least one week before the day of such elections. The number of rooms or booths shall be one for each one hundred and fifty names on the last-completed registry list of the town, except that in towns having more than fifteen hundred names on such list there shall be one for each two hundred and fifty names. Such room or rooms or booths shall be supplied with necessary conveniences for electors to arrange their ballots. The interior of the rooms or booths shall be secure from outside observation, and such rooms or booths shall be located in or connected with the room where the ballot boxes shall be stationed. The registrars of voters shall provide the ballot box or boxes necessary for use at all such elections. Each such ballot box shall have an aperture in its lid for the purpose of depositing the ballots and shall be so constructed that, when the voting is completed, the aperture may be closed so that no ballots can afterward be put into the box without reopening it. In addition thereto, the registrars of voters shall prepare or cause to be prepared an additional box which shall be placed by the side of the ballot box, which box shall be constructed in the same manner as the ballot box, in which box all stubs torn or separated from the ballots at the time of voting shall at such time be deposited. Such boxes shall be marked respectively "ballots" and "stubs", in order to designate the boxes in which the ballots and stubs shall be deposited, respectively. Any expenses incurred in the execution of the requirements of this section shall be paid by the municipality.

      (1949 Rev., S. 519, 1054; 1953, S. 766d; P.A. 07-194, S. 29.)

      History: P.A. 07-194 changed "selectmen" to "registrars of voters" and added provision requiring municipalities to pay any expenses incurred in execution of the requirements of section.

      Irregularities in arranging polling place held not to invalidate election. 75 C. 53.

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      Sec. 9-290. Ballot table. Process of voting. (a) The registrars of voters shall provide, at the entrance into the enclosure prescribed by section 9-289, a ballot table at which the elector shall obtain the elector's ballot. Each ballot table shall have at least one ballot clerk, but not more than two such clerks who shall be appointed by the registrars.

      (b) In each primary, election or referendum, when an elector has entered the polling place, the elector shall (1) announce the elector's street address and name to the official checkers in a tone sufficiently loud and clear to enable all the election officials present to hear the same, and (2) (A) present to the official checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (B) sign a statement under penalty of false statement, on a form prescribed by the Secretary of the State, that the elector is the person whose name appears on the official checklist. The official checker shall check the name of such elector on the official checklist. No political party shall have more than one challenger. The moderator may allow in the polling place any witnesses that may be required in the case of a challenge, provided the moderator shall not allow in more than one witness at a time.

      (c) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote pursuant to section 9-431, an unaffiliated elector shall also announce to the separate table of official checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the official checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors. Such choice shall not alter the elector's unaffiliated status.

      (d) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote or in which one party is holding a primary in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the official checkers shall give to each elector checked a receipt provided by the registrar of voters, in a form prescribed by the Secretary of the State, specifying either (1) the party with which the elector is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary the elector has chosen to vote and whether the elector is authorized to vote for only a partial ballot.

      (e) If not challenged by any of the election officials, the elector shall be permitted to pass into the area where the booths are located. The elector shall give any receipt the elector has received to a ballot clerk and the ballot clerk shall give the elector a ballot and permit the elector to vote only in the primary of the party specified by the receipt. The ballot clerks shall deliver to such elector one official ballot, except that if any elector so defaces or injures any such ballot as to render it unfit for use, upon the return of such ballot to the ballot clerks, such clerks shall furnish the elector with another official ballot.

      (1949 Rev., S. 1055; 1953, S. 767d; P.A. 02-130, S. 1; P.A. 07-194, S. 30.)

      History: P.A. 02-130 designated existing provisions as Subsecs. (a) and (e), making technical changes therein, and inserted Subsecs. (b), (c) and (d) and provisions in said Subsec. (e) re polling place procedures, effective July 1, 2002; P.A. 07-194 amended Subsec. (a) to replace "selectmen" with "registrars of voters", replace "ballot booth" with "ballot table" and require each ballot table to have at least one but not more than two ballot clerks, amended Subsecs. (b), (c) and (d) to replace "checkers" with "official checkers" and made conforming and technical changes throughout.

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      Sec. 9-291. Arrangement of and admission to voting place. The ballot box shall be open for the reception of votes in an enclosure which shall be so arranged that access to it shall be from the room or rooms, booth or booths, in which the electors prepare their ballots. The exit from such enclosure shall be into some other enclosure or hall or into a public street or square, and the partition separating it from the main hall shall not be less than three feet or more than four feet in height. No person shall be allowed to enter or remain in the enclosure where the ballot box and stub box are placed, at any election held under the provisions of this part, except for the purpose of depositing the person's ballot, unless the person is a moderator, box-tender or registrar, except as hereinafter provided. An elector may be accompanied into the room or booth in which the electors prepare their ballots and into the enclosure where the ballot box and stub box are placed by one or more children who are fifteen years of age or younger and supervised by the elector, if the elector is the parent or legal guardian of such children. The moderator may admit into the enclosure where the ballot box and the stub box are placed such officers with power of arrest as may be required, but only when actually required to preserve order or enforce any of the provisions hereof. No person shall give or offer to any elector, in any such room or booth, any ballot to be used in voting, or place any ballots in such room or booth for the use of electors or for any other purpose.

      (1949 Rev., S. 1056; 1953, S. 768d; P.A. 87-251, S. 3; P.A. 97-154, S. 19, 27; P.A. 02-130, S. 2.)

      History: P.A. 87-251 allowed children 10 years of age or younger to accompany an elector into room or booth in which ballots prepared or into enclosure where ballot box and stub box are placed; P.A. 97-154 increased maximum age of children who may accompany an elector into room, booth and enclosure from 10 years to 15 years, and added proviso that such elector be the parent or legal guardian of such children, effective July 1, 1997; P.A. 02-130 deleted provisions allowing a checker, challenger or witness to be allowed in the enclosure where the ballot box and stub box are placed and made technical changes, effective July 1, 2002.

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      Sec. 9-292. Method of voting. To vote for candidates the elector shall place a cross (×), plus (+) or check (√) in the voting space next to the left of the name of such candidate. When two or more candidates for the same office are to be elected, the elector shall make a cross (×), plus (+) or check (√) in the voting space to the left of the names of all the candidates for that office for whom he desires to vote, the number voted for not to exceed the number of candidates who are to be elected. To vote for a registered write-in candidate, the elector shall write the name of such person under the title of the office in the blank space provided for that purpose in the blank column, and may make a cross (×), plus (+) or check (√) after the name of such person. Any ballot marked in any manner other than as provided in this part and any ballot bearing any mark other than cross (×), plus (+) or check (√) used for the purpose of voting shall be void; but this provision shall not be so construed as to prevent any elector from writing the name of any candidate upon any ballot as hereinbefore provided.

      (1949 Rev., S. 1040; 1953, S. 769d; 1963, P.A. 223, S. 3; P.A. 87-382, S. 32, 55.)

      History: 1963 act changed permissible ballot marks from a cross-mark (×) to a cross (×), plus (+) or check (√); P.A. 87-382 repealed provisions re straight ticket and split ticket voting and substituted "registered write-in candidate" for "person whose name does not appear on the ballot".

      Marking ballots for office of first selectman. 91 C. 365; 104 C. 399. Meaning of "ticket". Id., 400. Splitting ticket. 102 C. 598; 105 C. 258; 106 C. 104.

      Write-in ballots for candidate for unexpired term on board of education, though no formal nominations for office, valid. 18 CS 73.


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      Sec. 9-293. Method of balloting. The moderator shall place the boxes before the box-tenders, in a location conveniently accessible to the electors, and publicly call upon the electors to bring in their ballots for such officers as are to be voted for. The electors shall, under the direction of the moderators in their respective towns or voting districts, lay the ballots, folded as provided in section 9-275, one at a time, on the lid of the ballot box. The box-tender shall tear or remove the stub from such ballot, shall deposit the ballot in the box marked "ballots", without opening the same or exposing to view any part of its face, and shall deposit the stub in the box marked "stubs".

      (1949 Rev., S. 1061; 1953, S. 770d; P.A. 02-130, S. 3.)

      History: P.A. 02-130 deleted requirements that elector's name be checked on registry list and any challenge be decided before box tender processes the ballot and stub and made a technical change, effective July 1, 2002.

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      Sec. 9-294. Deposit of ballots. Booth tenders. The registrars of voters shall appoint at least one person but not more than two persons to serve during the hours the polls are open, who shall have charge of the voting booths herein provided for. Only one elector at a time shall be permitted to enter the same voting booth to prepare his or her ballot, unless the elector, from physical infirmity, requires assistance and no person, while an elector is in such booth, shall attempt to learn about or observe the ballot prepared by such elector. The elector shall remain in the voting booth only while preparing the elector's ballot, and the elector shall thereupon leave the voting booth under the direction of the polling place officials and shall deposit his or her ballot in the ballot or box. Each person who has received an official ballot from any ballot clerk and who fails to deposit the ballot in the ballot box as prescribed shall immediately and before leaving such voting area deliver the unused ballot to such ballot clerks for spoiling.

      (1949 Rev., S. 1066; 1953, S. 771d; P.A. 07-194, S. 31.)

      History: P.A. 07-194 provided that registrars of voters shall appoint at least one but not more than two persons to serve during polling hours and to have charge over voting booths, deleted provisions re voting room, made conforming and technical changes and provided for the spoiling of unused ballots by ballot clerks.

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      Sec. 9-295. Improper markings of ballot. If any ballot contains a greater number of names voted for any office than is provided by law, it shall render such ballot void as to such office only. If any ballot contains any mark or device other than as hereinbefore provided, so that the same may be identified in such a manner as to indicate who cast the ballot, the ballot shall not be counted, but shall be kept by the moderator and returned to the registrar of voters in a separate package from the ballots counted at such election; provided any extension of markings beyond the area in which it is marked shall not invalidate a ballot if the elector's intent is clear and if it would not serve to identify the elector.

      (1949 Rev., S. 1064; 1953, S. 772d; 1963, P.A. 223, S. 4; P.A. 07-194, S. 32.)

      History: 1963 act provided that extension of marks beyond box or circle would not invalidate a ballot where meaning clear and where it would not identify elector; P.A. 07-194 deleted provisions re folding of ballots and made conforming and technical changes.

      "Marked" ballots, see 62 C. 261; 72 C. 99; 91 C. 370; 106 C. 106. Statute does not apply to instructions of absentee voter under Sec. 9-136. 129 C. 502. Cited. 130 C. 716. No error in not counting improperly marked ballots to determine total number voting. 138 C. 545.

      A small "v" opposite the line provided for signature on absentee ballots is a device prohibited by statute. 11 CS 183.


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      Sec. 9-296. Box-tenders. At all elections, the registrars of voters shall appoint at least one but not more than two electors for each ballot box, to be a box-tender or box-tenders. No person not so appointed shall have charge of any ballot box during the taking of any vote.

      (1949 Rev., S. 1058; 1953, S. 773d; P.A. 07-194, S. 33.)

      History: P.A. 07-194 required that registrars of voters, for all elections, appoint at least one but not more than two electors to be box-tenders, deleted provisions re candidate for office and made technical changes.

      To "take part in count" construed. What ballots to be rejected because of participation in count. 62 C. 482.

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      Sec. 9-297. Interference prohibited. Assistance of physically disabled persons. No official or other person at any election shall, in the enclosure where the ballot box and stub box are placed, or in any room or booth herein mentioned, suggest to any elector the name of any political party or candidate for any office. No person shall assist or offer to assist any elector in the preparation of his ballot to be used in voting, unless appointed for that purpose by the moderator of the election. No elector shall receive such assistance unless he is physically incapable of preparing his ballot, and the moderator shall be the sole judge of such physical disability. In case of such physical disability, the moderator shall, upon the request of the elector, appoint two electors of different parties, and such persons shall render such assistance as the elector requires in the preparation of his ballot.

      (1949 Rev., S. 1067; 1953, S. 774d.)

      See Sec. 9-264 re assistance to blind or physically disabled elector in registering vote on machine and re penalty for influencing elector and incorrectly recording or divulging elector's choice.

      Title "Interference Prohibited" evinces legislative intent. 11 CS 183.

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      Sec. 9-298. Removal of officials. If, at any time during the performance of his duties, any counter, booth-tender, box-tender, ballot clerk or checker is, from any cause, found incompetent, the registrars may remove him and appoint a competent person in his stead.

      (1949 Rev., S. 1082; 1953, S. 775d.)

      See Sec. 9-267 re removal of moderator, challenger, voting machine tender or checker for incompetence.

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      Sec. 9-299. Counters. Certificates. Declaration of vote. At each election, each registrar shall appoint from one to five persons as may be necessary for each ballot box in his district, ward or town, who shall make the official count of the ballots in such box and of the stubs in the stub box. In appointing such counters, the registrars shall, upon request made to such registrars at least three days before the date of such election by the town committee of any party nominating candidates for the offices to be voted for at such election, and which has an organized state central committee or other similar form of state organization, appoint one counter to represent such party. Immediately after the ballot boxes are closed at such election, and not before, the counters shall, in public meeting, count the ballots and the stubs found in such boxes. In case of doubt or dispute as to the reading of a ballot or whether the ballot should be rejected for any cause, the moderator shall decide. All ballots rejected shall, after being endorsed upon the back thereof by the moderator with the cause of rejection, be preserved in a separate parcel, securely tied or sealed, and returned to the box with the valid votes. The official counters, immediately after the count is completed, shall, under their hands, or the hands of a majority of them, deliver to the moderator a certificate, in duplicate, stating the number of ballots found in the box and, in case more than one box was used, the number found in each box, giving the number of ballots rejected for any cause and the number of votes counted for each candidate and office, respectively, and the number of stubs found in the stub box. The moderator shall, before adjournment, publicly declare the result of the count. Absentee ballots shall be counted at the same time and in the same manner as the official paper ballots.

      (1949 Rev., S. 1071, 1146; 1953, S. 776d.)

      Duties of moderator are quasi-judicial; moderator not liable in damages for errors. 79 C. 678; 82 C. 324. Cited. 102 C. 583. What official certificates of count given to moderator in election of selectmen should contain; duty of moderator to endorse certificates. 104 C. 401. Cited. 129 C. 501.

      Town clerk has no duty to make return under Sec. 9-320 until the moderator has signed and delivered the certificates as provided in this section and Sec. 9-300. 18 CS 69.


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      Sec. 9-300. Deposit of certificates. The moderator shall forthwith endorse on such certificates, in writing signed by him, that such certificates show the result of the official count for each box, respectively, in his town or district. One of such certificates he shall place in the ballot box and seal up with the votes cast and returned to that box. The other, in towns not divided into voting districts, shall, on or before the following day, be deposited in the office of the town clerk by the moderator. In towns divided into voting districts, this second certificate shall forthwith be returned to the presiding officer by the assistant presiding officers. On or before the following day, the presiding officer shall deposit the certificates for his district with the town clerk, who shall carefully preserve the same on file in his office. The presiding officer, after having ascertained the result of the votes of the whole town, as given in the several districts, shall declare the same in open meeting at the polling place where he presides. Such meeting shall not be adjourned until such vote has been declared.

      (1949 Rev., S. 1072; 1953, S. 777d.)

      Return should disclose reason for rejection. 62 C. 261; 102 C. 583. See 104 C. 401.

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      Sec. 9-301. Ballot return by moderators for state elections. The moderator of each election at which candidates for the offices of presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative at large, representative in Congress, state senator, judge of probate and state representative are voted for shall make out and return to the Secretary of the State, with the list that he is required to send to said secretary under the provisions of section 9-314, a statement showing the number of ballots counted and returned to him by the checkers and counters.

      (1949 Rev., S. 1081; 1953, S. 778d; P.A. 00-99, S. 29, 154.)

      History: P.A. 00-99 deleted reference to sheriff, effective December 1, 2000.

      Cited. 116 C. 40.

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      Sec. 9-302. Return of ballots to box; sealing and preservation. All the ballots cast at any election shall, immediately after they are counted, be returned by the moderator to the ballot box or boxes, which shall, in the presence of two or more of the official counters and before the box or boxes have been removed from the enclosure where the ballots have been counted, be securely sealed and locked by the moderator, and the ballot box sealing stamp shall be signed by the registrars or deputy registrars of different parties and by the moderator, and the moderator shall apply said stamp securely to each ballot box so as to effectually seal the opening through which the ballots are deposited and also the keyhole of each of such ballot boxes and so that such boxes cannot be opened without breaking the ballot box stamp. The moderator shall thereupon deposit the box in the municipal clerk's office, to be opened and examined only by those officially authorized so to do, and such clerk shall carefully preserve such box with seal unbroken for one hundred eighty days after such election or until the termination of any judicial proceeding requiring the preservation of the ballots in such boxes, when he shall forthwith open such boxes and destroy such ballots without inspection. If such boxes are opened under authority of a judge of the Superior Court charged with inquiring into an election, such judge shall see that all the ballots and the accompanying certificates are returned to the boxes and that the same are effectually sealed again.

      (1949 Rev., S. 520, 1074, 1075; 1953, S. 779d; P.A. 87-382, S. 33, 55.)

      History: P.A. 87-382 substituted "one hundred eighty days" for "six months".

      When ballots should be counted by a judge, though box is unsealed. 60 C. 352. Cited. 216 C. 253.

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      Sec. 9-303. Destruction of unused official ballots. At the close of each election, the ballot clerks shall return to the municipal clerk all official ballots remaining in their possession and all mutilated ballots which have been returned to them, together with a statement of the number of ballots received by them, the number issued and the number returned; and, within ten days after the date of the election, the town clerk and, in case of city or borough elections, the city or borough clerk shall destroy such mutilated and unused ballots and make a sworn statement to the Secretary of the State of the number so destroyed.

      (1949 Rev., S. 1050; 1953, S. 780d.)

      Cited. 216 C. 253.

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      Sec. 9-304. Fraudulent abstracting or intermingling of votes. Any person who fraudulently abstracts any vote from the ballot box used at any election, or who, at such election fraudulently intermingles any vote or votes with the votes legally deposited in any such box, shall be fined not more than five hundred dollars and imprisoned not more than two years nor less than six months and shall be disfranchised.

      (1949 Rev., S. 1124; 1953, S. 781d; P.A. 87-382, S. 34, 55; P.A. 07-194, S. 34.)

      History: P.A. 87-382 substituted "one hundred eighty days" for "six months"; P.A. 07-194 deleted references to "within one hundred eighty days thereafter".

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      Sec. 9-305. Failure of moderator to return keys. Any moderator who wilfully fails to return all ballot box lock keys to the town clerk within twenty-four hours after the ballot boxes have been locked shall be fined not more than five hundred dollars.

      (1949 Rev., S. 1079; 1953, S. 782d.)

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      Sec. 9-306. Penalties. Any person, not expressly authorized thereto, who has possession of any official ballot, and any person who makes or has possession of any forged imitation of any official ballot, and any person who offers to anyone not authorized or permitted by law to have or receive an official ballot or who aids or knowingly permits any person to obtain possession of an official ballot, and any person who offers to aid or knowingly permits anyone to obtain possession of an official ballot for the purpose of using the same for any purpose not prescribed by law, and any person not authorized who gives or offers to any person an official ballot, and any person who offers to another any forged imitation of any official ballot or offers to the box-tender, for the purpose of voting the same, any ballot not an official ballot, and any person who offers any elector while the elector is in an election booth any ballot or places any ballot in such booth for the use of any elector or for any purpose, and any person, not by law authorized thereto, who receives any official ballot from any person not authorized by the provisions of this part to offer or give the same, and any person who receives an official ballot for the purpose of using the same for any other purpose or purposes than those expressly named by the provisions of this part, and any person who knowingly receives for the purpose of depositing the same in any ballot box any forged imitation of any official ballot, and any box-tender who knowingly deposits in any ballot box any ballot not an official ballot or any box-tender who knowingly deposits in any stub box any stub other than one torn or separated from a ballot offered by an elector while in the act of voting, and any person who imitates any official ballot or prints or causes to be printed any ballot authorized by this part in any manner other than as prescribed by the Secretary of the State, and any person who places upon any official ballot any mark or device for the purpose of enabling any person to identify the same as having been voted by the elector or by any particular person, or who alters or changes any ballot by erasing or removing any name or names therefrom, and any person who attempts to ascertain or observe the ballot being voted by any elector while such elector is in any booth or enclosure so as to ascertain how such elector has voted, except as provided in this part, and any person who, having received his or her official ballot, leaves the voting place without having either delivered it to the box-tender or the moderator or returned it to a ballot clerk, and any person who prints or causes to be printed upon any official ballot the name of any person not a candidate of a party whose name is printed at the head of the column containing such party nominees or offers to any elector such ballot, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not more than five years or be both fined and imprisoned.

      (1949 Rev., S. 1127; 1953, S. 783d; P.A. 07-194, S. 35.)

      History: P.A. 07-194 made technical changes.

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