Substitute Senate Bill No. 1092
Substitute Senate Bill No. 1092
PUBLIC ACT NO. 97-154
AN ACT AMENDING THE ELECTION LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 9-236 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) On the day of any primary, referendum or
election, no person shall solicit in behalf of or
in opposition to the candidacy of another or
himself or in behalf of or in opposition to any
question being submitted at the election or
referendum, or loiter or peddle or offer any
advertising matter, ballot or circular to another
person within a radius of seventy-five feet of any
outside entrance in use as an entry to any polling
place or in any corridor, passageway or other
approach leading from any such outside entrance to
such polling place or in any room opening upon any
such corridor, passageway or approach, except as
provided in section 9-294. Nothing contained in
this section shall be construed to prohibit (1)
parent-teacher associations or parent-teacher
organizations from holding bake sales or other
fund-raising activities on the day of any primary,
referendum or election in any school used as a
polling place, provided such sales or activities
shall not be held in the room in which the
election booths are located, [. Nothing in this
section shall be construed to prohibit] (2) the
registrars of voters from directing the officials
at a primary, referendum or election to
distribute, within the restricted area, adhesive
labels on which are imprinted the words "I Voted
Today" OR (3) THE REGISTRARS OF VOTERS IN A
PRIMARY, ELECTION OR REFERENDUM FROM JOINTLY
PERMITTING NONPARTISAN ACTIVITIES TO BE CONDUCTED
IN A ROOM OTHER THAN THE ROOM IN WHICH THE
ELECTION BOOTHS ARE LOCATED. THE REGISTRARS MAY
JOINTLY IMPOSE SUCH CONDITIONS AND LIMITATIONS ON
SUCH NONPARTISAN ACTIVITY AS DEEMED NECESSARY TO
ENSURE THE ORDERLY PROCESS OF VOTING. THE
MODERATOR SHALL EVICT ANY PERSON WHO IN ANY WAY
INTERFERES WITH THE ORDERLY PROCESS OF VOTING.
(b) (1) The selectmen shall provide suitable
markers to indicate the seventy-five-foot distance
from such entrance. Such markers shall consist of
a board resting on an iron rod, which board shall
be not less than twelve inches square and painted
a bright color and shall bear the figures and
letters "75 feet" and the following words: "On the
day of any primary, referendum or election no
person shall solicit in behalf of or in opposition
to another or himself or peddle or offer any
ballot, advertising matter or circular to another
person or loiter within a radius of seventy-five
feet of any outside entrance in use as an entry to
any polling place or in any corridor, passageway
or other approach leading from any such outside
entrance to such polling place or in any room
opening upon any such corridor, passageway or
approach." (2) Notwithstanding the provisions of
subdivision (1) of this [section] SUBSECTION, the
selectmen may provide the markers required by the
provisions of this [section] SUBSECTION in effect
prior to October 1, 1983, except that in the case
of a referendum which is not held in conjunction
with an election or a primary, the selectmen shall
provide the markers required by subdivision (1) of
this [section] SUBSECTION. (3) The moderator and
his assistants shall meet at least twenty minutes
before the opening of a primary, referendum or an
election in the voting district, and shall cause
to be placed by a police officer or constable, or
such other primary or election official as they
select, a suitable number of distance markers.
Such moderator or any police officer or constable
shall prohibit loitering and peddling of tickets
within that distance.
(c) No person except those permitted or exempt
under this section or section 9-236a and primary
or election officials and party checkers appointed
under section 9-235 shall be allowed within any
polling place except for the purpose of casting
his vote. Representatives of the news media shall
be allowed to enter, remain within and leave any
polling place or restricted area surrounding any
polling place to observe the election, provided
any such representative who in any way interferes
with the orderly process of voting shall be
evicted by the moderator. A number of students in
grades four to twelve, inclusive, not to exceed
four at any one time in any one polling place, may
enter any polling place between twelve o'clock
noon and three o'clock p.m. for the purpose of
observing the activities taking place therein,
provided there is proper parental or teacher
supervision present, and provided further, any
such student who in any way interferes with the
orderly process of voting shall be evicted by the
moderator. An elector may be accompanied into any
polling place by one or more children who are
[ten] FIFTEEN years of age or younger and
supervised by the elector, IF THE ELECTOR IS THE
PARENT OR LEGAL GUARDIAN OF SUCH CHILDREN. Any
person who violates any provision of this section
or, while the polls are open for voting, removes
or injures any such distance marker, shall be
fined not more than fifty dollars or imprisoned
not more than three months or both.
Sec. 2. Section 9-7b of the general statutes
is repealed and the following is substituted in
lieu thereof:
The State Elections Enforcement Commission
shall have the following duties and powers:
(1) To make investigations on its own
initiative or with respect to statements filed
with the commission by the Secretary of the State
or any town clerk, or upon written complaint under
oath by any individual, with respect to alleged
violations of any provision of the general
statutes [pertaining to or] relating to any
election [, primary] or referendum, ANY PRIMARY
HELD PURSUANT TO SECTION 9-423, 9-424, 9-425 OR
9-464 OR ANY PRIMARY HELD PURSUANT TO A SPECIAL
ACT, and to hold hearings when the commission
deems necessary to investigate violations of any
provisions of the general statutes [pertaining to
or] relating to any such election, primary or
referendum, and for the purpose of such hearings
the commission may administer oaths, examine
witnesses and receive oral and documentary
evidence, and shall have the power to subpoena
witnesses under procedural rules the commission
shall adopt, to compel their attendance and to
require the production for examination of any
books and papers which the commission deems
relevant to any matter under investigation or in
question. In connection with its investigation of
any alleged violation of any provision of chapter
145, or of any provision of section 9-359 or
section 9-359a, the commission shall also have the
power to subpoena any municipal clerk and to
require the production for examination of any
absentee ballot, inner and outer envelope from
which any such ballot has been removed, depository
envelope containing any such ballot or inner or
outer envelope as provided in sections 9-150a and
9-150b and any other record, form or document as
provided in section 9-150b, in connection with the
election, primary or referendum to which the
investigation relates. In case of a refusal to
comply with any subpoena issued pursuant to this
subsection or to testify with respect to any
matter upon which that person may be lawfully
interrogated, the superior court for the judicial
district of Hartford-New Britain*, on application
of the commission, may issue an order requiring
such person to comply with such subpoena and to
testify; failure to obey any such order of the
court may be punished by the court as a contempt
thereof. In any matter under investigation which
concerns the operation or inspection of or outcome
recorded on any voting machine, the commission may
issue an order to the municipal clerk to impound
such machine until the investigation is completed;
(2) To levy a civil penalty not to exceed two
thousand dollars per offense against any person
the commission finds to be in violation of any
provision of chapter 145 or 150, part V of chapter
146, part I of chapter 147, chapter 148, this
section, section 9-12, subsection (a) of section
9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i,
9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o,
inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c,
9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d,
9-170, AS AMENDED BY SECTION 16 OF THIS ACT,
9-171, 9-172, AS AMENDED BY SECTION 17 OF THIS
ACT, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to
9-453h, inclusive, 9-453k or 9-453o, after a
hearing conducted in accordance with sections
4-176e to 4-184, inclusive. In the case of failure
to pay any such penalty levied pursuant to this
subsection within thirty days of written notice
sent by certified or registered mail to such
person, the superior court for the judicial
district of Hartford-New Britain*, on application
of the commission, may issue an order requiring
such person to pay the penalty imposed and such
court costs, sheriff's fees and attorney's fees
incurred by the commission as the court may
determine;
(3) To issue an order requiring any person
the commission finds to have received any
contribution or payment which is prohibited by any
of the provisions of chapter 150, after an
opportunity to be heard at a hearing conducted in
accordance with the provisions of sections 4-176e
to 4-184, inclusive, to return such contribution
or payment to the donor or payor, or to remit such
contribution or payment to the state for deposit
in the General Fund, whichever is deemed necessary
to effectuate the purposes of chapter 150. In the
case of a refusal to comply with such order of the
commission, the superior court for the judicial
district of Hartford-New Britain*, on application
of the commission, may issue a further order to
comply. Failure to obey such further order may be
punished by the court as a contempt thereof;
(4) To inspect or audit at any reasonable
time and upon reasonable notice the accounts or
records of any campaign treasurer or principal
campaign treasurer, as required by chapter 150 and
to audit any such election, primary or referendum
held within the state; provided, it shall not
audit any caucus, as defined in subdivision (1) of
section 9-372;
(5) To attempt to secure voluntary
compliance, by informal methods of conference,
conciliation and persuasion, with any provision of
chapters 149 to 153, inclusive, or any other
provision of the general statutes [pertaining to
or] relating to any such election, primary or
referendum;
(6) To consult with the Secretary of the
State, the Chief State's Attorney or the Attorney
General on any matter which the commission deems
appropriate;
(7) To refer to the Chief State's Attorney
evidence bearing upon violation of any provision
of chapters 149 to 153, inclusive, or any other
provision of the general statutes pertaining to or
relating to any such election, primary or
referendum;
(8) To refer to the Attorney General evidence
for injunctive relief and any other ancillary
equitable relief in the circumstances of
subdivision (7) of this section. Nothing in this
subdivision shall preclude a person who claims
that he is aggrieved by a violation of any
provision of chapter 152 or any other provision of
the general statutes relating to referenda from
pursuing injunctive and any other ancillary
equitable relief directly from the Superior Court
by the filing of a complaint;
(9) To refer to the Attorney General evidence
pertaining to any ruling which the commission
finds to be in error made by election officials in
connection with any election, [or] primary [held
for the purpose of selecting a nominee for public
office] or [any] referendum. Those remedies and
procedures available to parties claiming to be
aggrieved under the provisions of sections 9-323,
9-324, 9-328 and 9-329a, AS AMENDED BY SECTION 3
OF THIS ACT, shall apply to any complaint brought
by the Attorney General as a result of the
provisions of this subdivision;
(10) To consult with the United States
Department of Justice and the United States
Attorney for Connecticut on any investigation
pertaining to a violation of this section, section
9-12, subsection (a) of section 9-17 or section
9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21,
9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive,
9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a,
9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to
said department and attorney evidence bearing upon
any such violation for prosecution under the
provisions of the National Voter Registration Act
of 1993, P.L. 103-31, as amended from time to
time;
(11) To inspect reports filed with the
Secretary of the State and with town clerks
pursuant to chapter 150 and refer to the Chief
State's Attorney evidence bearing upon any
violation of law therein if such violation was
committed knowingly and wilfully;
(12) To intervene in any action brought
pursuant to the provisions of sections 9-323,
9-324, 9-328 and 9-329a, AS AMENDED BY SECTION 3
OF THIS ACT, upon application to the court in
which such action is brought when in the opinion
of the court it is necessary to preserve evidence
of possible criminal violation of the election
laws;
(13) To adopt and publish regulations
pursuant to chapter 54 to carry out the provisions
of section 9-7a, this section and chapter 150; to
issue upon request and publish advisory opinions
in the Connecticut Law Journal upon the
requirements of chapter 150, and to make
recommendations to the General Assembly concerning
suggested revisions of the election laws;
(14) To the extent that the Elections
Enforcement Commission is involved in the
investigation of alleged or suspected criminal
violations of any provision of the general
statutes pertaining to or relating to any such
election, primary or referendum and is engaged in
such investigation for the purpose of presenting
evidence to the Chief State's Attorney, the
Elections Enforcement Commission shall be deemed a
law enforcement agency for purposes of subdivision
(3) of subsection (b) of section 1-19, provided
nothing in this section shall be construed to
exempt the Elections Enforcement Commission in any
other respect from the requirements of sections
1-15, 1-18a, 1-19 to 1-19b, inclusive, 1-21, 1-21a
and 1-21c to 1-21k, inclusive;
(15) To enter into such contractual
agreements as may be necessary for the discharge
of its duties, within the limits of its
appropriated funds and in accordance with
established procedures; and
(16) To provide the Secretary of the State
with notice and copies of all decisions rendered
by the commission in contested cases, advisory
opinions and declaratory judgments, at the time
such decisions, judgments and opinions are made or
issued.
Sec. 3. Section 9-329a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any (1) elector or candidate aggrieved by
a ruling of an election official in connection
with any primary [as provided in] HELD PURSUANT TO
(A) section 9-423, 9-424, 9-425 or 9-464 or (B) A
SPECIAL ACT, (2) ELECTOR OR CANDIDATE OR who
alleges that there has been a mistake in the count
of the votes cast at such primary, or [any] (3)
candidate in such a primary who alleges that he is
aggrieved by a violation of any provision of
sections 9-355, 9-357 to 9-361, inclusive, 9-364,
9-364a or 9-365 in the casting of absentee ballots
at such primary, may bring his complaint to any
judge of the Superior Court for appropriate
action. In any action brought pursuant to the
provisions of this section, the complainant shall
send a copy of the complaint by first-class mail,
or deliver a copy of the complaint by hand, to the
State Elections Enforcement Commission. If such
complaint is made prior to such primary such judge
shall proceed expeditiously to render judgment on
the complaint and shall cause notice of the
hearing to be given to the Secretary of the State
and the State Elections Enforcement Commission. If
such complaint is made subsequent to such primary
it shall be brought, within fourteen days after
such primary, to any judge of the Superior Court.
(b) Such judge shall forthwith order a
hearing to be held upon such complaint upon a day
not more than five nor less than three days after
the making of such order, and shall cause notice
of not less than three days to be given to any
candidate or candidates in any way directly
affected by the decision upon such hearing, to
such election official, to the Secretary of the
State, the State Elections Enforcement Commission
and to any other person or persons, whom such
judge deems proper parties thereto, of the time
and place of the hearing upon such complaint. Such
judge shall, on the day fixed for such hearing,
and without delay, proceed to hear the parties and
determine the result. If, after hearing,
sufficient reason is shown, such judge may order
any voting machines to be unlocked or any ballot
boxes to be opened and a recount of the votes
cast, including absentee ballots, to be made. Such
judge shall thereupon, if he finds any error in
the ruling of the election official, any mistake
in the count of the votes or any violation of said
sections, certify the result of his finding or
decision to the Secretary of the State before the
tenth day following the conclusion of the hearing.
Such judge may (1) determine the result of such
primary; (2) order a change in the existing
primary schedule; or (3) order a new primary if he
finds that but for the error in the ruling of the
election official, any mistake in the count of the
votes or any violation of said sections, the
result of such primary might have been different
and he is unable to determine the result of such
primary.
(c) The certification by the judge of his
finding or decision shall be final and conclusive
upon all questions relating to errors in the
ruling of such election official, to the
correctness of such count, and, for the purposes
of this section only, such alleged violations, and
shall operate to correct any returns or
certificates filed by the election officials,
unless the same is appealed from as provided in
section 9-325. In the event a new primary is held
pursuant to such Superior Court order, the result
of such new primary shall be final and conclusive
unless a complaint is brought pursuant to this
section. The clerk of the court shall forthwith
transmit a copy of such findings and order to the
Secretary of the State.
Sec. 4. Section 9-329b of the general
statutes is repealed and the following is
substituted in lieu thereof:
At any time prior to a primary [as provided
in] HELD PURSUANT TO sections 9-423, 9-424, 9-425
and 9-464, OR A SPECIAL ACT or prior to any
election, the Superior Court may issue an order
removing a candidate from a ballot label where it
is shown that said candidate is improperly on the
ballot.
Sec. 5. Section 9-330 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any judge having jurisdiction over any action
brought under section 9-323, 9-324, [or] 9-328 OR
9-329a, AS AMENDED BY SECTION 3 OF THIS ACT, shall
have the power, if sufficient reason is shown, to
order the examination and testing of any voting
machines.
Sec. 6. Section 9-158c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [Each] NOT EARLIER THAN FORTY-FIVE DAYS
BEFORE THE ELECTION AND NOT LATER THAN THE CLOSE
OF THE POLLS ON ELECTION DAY, EACH resident, or
former resident who desires to vote in a
presidential election under sections 9-158a to
9-158m, inclusive, AS AMENDED BY THIS ACT, may
apply for a "presidential ballot" [not earlier
than forty-five, nor less than seven days before
the election,] to the municipal clerk of the town
in which he is qualified to vote on the form
prescribed in section 9-158d, AS AMENDED BY
SECTION 7 OF THIS ACT. [provided any former
resident may apply for such a ballot at any time
prior to the closing of the polls.] Application
for a "presidential ballot" may be made in person
or absentee, in the manner provided for applying
for an absentee ballot under section 9-140, AS
AMENDED BY SECTION 11 OF THIS ACT, except as
provided in said sections 9-158a to 9-158m,
inclusive.
(b) Each overseas elector who desires to vote
in a federal election under subsection (b) of
section 9-158b may apply for an overseas ballot
not earlier than (1) the forty-fifth day preceding
a federal election which is a general election or
a general election held in conjunction with a
special election and (2) the thirtieth day
preceding a federal election which is a primary or
a federal election which is a special election not
held in conjunction with a general election.
Application shall be made to the town clerk of the
municipality in which he is so qualified to vote
on a form prescribed in subsection (b) of section
9-158d.
(c) Notwithstanding the provisions of
subdivision (1) of subsection (b) of this section,
in any year in which the date of a primary is
advanced pursuant to subdivision (2) of subsection
(a) of section 9-376, overseas electors may not
apply for an overseas ballot earlier than the
fortieth day preceding a federal election which is
a general election or a general election held in
conjunction with a special election.
Sec. 7. Subsection (a) of section 9-158d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The application for a presidential ballot
shall be [in the form of an affidavit executed in
duplicate, and sworn to before an officer
authorized to administer oaths, and] A FORM SIGNED
IN DUPLICATE BY THE APPLICANT UNDER PENALTY OF
FALSE STATEMENT IN ABSENTEE BALLOTING, WHICH shall
provide substantially as follows:
Connecticut
I, the undersigned, [swear] DECLARE UNDER
PENALTY OF FALSE STATEMENT IN ABSENTEE BALLOTING
that the following statements are true:
1. I am a citizen of the United States.
2. I have not forfeited my electoral
privileges because of conviction of a
disfranchising crime.
next presidential election, I shall be at least 18
years of age. Check and complete 4 or 5, whichever
applies:
4. RESIDENT. I am a bona fide resident of the
above town, to which I am making this application,
5. FORMER RESIDENT. I am a former resident of
the above town, to which I am making this
moved from such town to my present town of
within thirty days before the date of the next
presidential election, and for that reason I
cannot register to vote in said presidential
election in my present town of residence. I am now
therein.
6. I hereby apply for a "presidential ballot"
not voted and will not vote otherwise than by this
ballot at that election. I am not eligible to vote
for electors of President and Vice-President in
any other town in Connecticut or in any other
state.
7. The said ballot is to be given to me
personally mailed to me at
officer administering oath)
The oath to be administered in connection with any
such application may be administered by any
officer empowered to administer oaths under
section 1-24 or any officer empowered to
administer oaths under the laws of any state or by
any commissioned officer in the armed forces, or
any consul, vice consul or deputy consul
representing the United States in a foreign
country, and shall be attested by such officer
over his signature and title or statement of
rank.]
Sec. 8. Subsection (g) of section 9-167a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(g) For the purposes of this section, a
person shall be deemed to be a member of the
political party on whose enrolment list his name
appears on the date of his appointment to, or of
his nomination as a candidate for election to, any
office specified in subsection (a) of this
section, provided any person who has applied for
erasure or transfer of his name from an enrolment
list shall be considered a member of the party
from whose list he has so applied for erasure or
transfer for a period of [six] THREE months from
the date of the filing of such application and
provided further any person whose candidacy for
election to an office is solely as the candidate
of a party other than the party with which he is
enrolled shall be deemed to be a member of the
party of which he is such candidate.
Sec. 9. Section 9-60 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Whenever the registrar of voters of any
political party, or any deputy registrar thereof
in cases where it is provided by law that the
deputy registrar shall act in the place and stead
of the registrar, is of the opinion that any
person on the enrolment list, or any person
applying to be placed upon the enrolment list, of
the political party which such registrar or deputy
registrar represents is not affiliated with, or in
good faith a member of, that political party and
does not intend to support its principles or
candidates, such registrar or deputy registrar, as
the case may be, shall [, except in the case where
the name of any elector appears on the ballot
label at an election only under a party
designation other than that of the party with
which he is enrolled,] cite such person to appear
before him and the chairman of the town committee
of such political party, or before him and the
chairman of the same party committee of the ward
or voting district, if in a town divided into
wards or voting districts; or, where there is no
such chairman, or in the absence or disability of
such chairman, before him and any enrolled member
of the same political party chosen by such
registrar or deputy registrar, to show cause why
his name should not be erased or excluded from
such enrolment list. Such citation shall be in
writing and shall state the time when and place
where such person shall appear, and shall be
served upon or left at the usual place of abode of
such person at least two days before the time
fixed for such hearing upon such citation, which
time shall not be less than one week before the
next succeeding caucus or primary of such
political party. The person leaving or serving
such citation shall make a record of the date and
time of leaving or serving the same and shall make
a return to the registrar or deputy registrar,
within thirty-six hours thereafter, of the date
and time when such citation was left or served.
If, at any such hearing, it appears to such
registrar and such chairman or party member or to
such deputy registrar and such chairman or party
member, as the case may be, that it is not the
bona fide intention of such person to affiliate
with, or that such person is not affiliating with,
such political party and does not intend to
support the principles or candidates of such
party, his name may thereupon be erased or
excluded from the enrolment list of such party. If
any elector upon whom a citation to appear, as
herein provided, has been served fails to appear
at the time and place fixed for such hearing, such
registrar or deputy registrar may take such action
as to the erasure or exclusion of the name of such
elector as the facts warrant.
Sec. 10. Section 9-61 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Enrolment in any other political party or
organization, active affiliation with any other
political party or organization, knowingly being a
candidate at any primary or caucus of any other
party or political organization, or being a
candidate for office under the designation of
another party or organization, within a period of
two years prior to the date of the notice as
provided in section 9-60, AS AMENDED BY SECTION 9
OF THIS ACT, shall be prima facie evidence that
any elector committing any such act is not
affiliated with, or in good faith a member of, and
does not intend to support the principles or
candidates of the party upon the enrolment list of
which his name appears or in which his application
for enrolment is pending; and, upon reasonable
proof of the commission of any one of such acts,
the name of any such elector may be stricken or
excluded from such list and such erasure or
exclusion shall be effective for a period of two
years from the date of any such act. [If the name
of any elector appears on the ballot label at an
election only under a party designation other than
that of the party with which he is enrolled,
whether such elector was nominated by a major or
minor party or by nominating petition, such name
shall be removed from the enrolment list for a
period of two years from the date of such election
after which time he may apply for enrolment in
said party.] The same procedure as to notice to
appear thereon, return and hearing shall be
followed as provided in section 9-60, AS AMENDED
BY SECTION 9 OF THIS ACT. [except when the name of
any elector appears on the ballot label at an
election only under a party designation other than
that of the party with which he is enrolled.] If,
after full hearing, such registrar and chairman or
party member or such deputy registrar and chairman
or party member, as the case may be, find that the
name of any such elector has been wrongfully or
improperly stricken or excluded from such list,
such name shall be forthwith placed upon the
enrolment list.
Sec. 11. Subsection (a) of section 9-140 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Application for an absentee ballot shall
be made to the clerk of the municipality in which
the applicant is eligible to vote or has applied
for such eligibility. Any person who assists
another person in the completion of an application
shall, in the space provided, sign the application
and print or type his name, residence address and
telephone number. Such signature shall be made
under the penalties of false statement in absentee
balloting. The municipal clerk shall not
invalidate the application solely because it does
not contain the name of a person who assisted the
applicant in the completion of the application.
The municipal clerk shall not distribute with an
absentee ballot application any material which
promotes the success or defeat of any candidate or
referendum question. The application shall be
signed by the applicant under the penalties of
false statement in absentee balloting on (1) the
form prescribed [and provided] by the Secretary of
the State pursuant to section 9-139a, (2) a form
provided by any federal department or agency if
applicable pursuant to section 9-153a, AS AMENDED
BY SECTION 12 OF THIS ACT, or (3) any of the
special forms of application [provided for in]
PRESCRIBED PURSUANT TO section 9-150c, 9-153a, AS
AMENDED BY SECTION 12 OF THIS ACT, 9-153b, 9-153d,
AS AMENDED BY SECTION 13 OF THIS ACT, 9-153e,
9-153f or 9-158d, AS AMENDED BY SECTION 7 OF THIS
ACT, if applicable. Any such absentee ballot
applicant who is unable to write may cause the
application to be completed by an authorized agent
who shall, in the spaces provided for the date and
signature, write the date and name of the absentee
ballot applicant followed by the word "by" and his
own signature. If the ballot is to be mailed to
the applicant, the applicant shall list the bona
fide personal mailing address of the applicant in
the appropriate space on the application.
Sec. 12. Section 9-153a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The form of absentee ballot application
provided by any federal department or agency,
referred to in section 9-140, AS AMENDED BY
SECTION 11 OF THIS ACT, may be used only by a
person in any one of the following categories who
is eligible to vote and who expects to be unable
to appear at his proper polling place for any
reason specified in section 9-135: (1) Members of
the armed forces, (2) the spouses and dependents
of such members, (3) members of religious groups
or welfare agencies assisting members of the armed
forces, who are officially attached to and serving
with the armed forces, and their spouses and
dependents, (4) civilian employees of the United
States in all categories serving outside the
territorial limits of the several states of the
United States and the District of Columbia and
their spouses and dependents when residing with or
accompanying them, whether or not the employee is
subject to the civil service laws and the Federal
Classification Act of 1949, and whether or not
paid from funds appropriated by the Congress, (5)
citizens of the United States temporarily residing
outside of the territorial limits of the several
states of the United States and the District of
Columbia and (6) overseas citizens qualified to
vote under the Uniformed and Overseas Citizens
Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff
et seq., as amended from time to time. Any such
person may apply for an absentee ballot in the
manner provided in said section 9-140, AS AMENDED
BY SECTION 11 OF THIS ACT, either on the form
prescribed [and provided] by the Secretary of the
State under said section, or on the application
form provided by any federal department or agency
hereinbefore referred to.
Sec. 13. Section 9-153d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Either registrar of voters may, not more
than ninety days before the day of an election, in
a form to be prescribed [and provided] by the
Secretary of the State, direct the municipal clerk
forthwith to mail an absentee ballot, with the
necessary envelopes and instructions, to the
best-known address, within the knowledge of the
registrar issuing such direction, of an elector or
applicant for admission as an elector who is
living outside the territorial limits of the
several states of the United States and the
District of Columbia or who is a member of the
armed forces, or the spouse or dependent of a
member of the armed forces living where such
member is stationed, whether such address is a
home address or an armed service address, and such
direction shall constitute sufficient application
for such absentee ballot. The municipal clerk may,
during such period, so act of his own motion and
without waiting for the direction of a registrar
of voters or other application, if the clerk first
completes and retains in his records as an
application the same direction form as is used by
a registrar of voters.
(b) Within the time limits in subsection (b)
of section 9-158c, AS AMENDED BY SECTION 6 OF THIS
ACT, for availability of overseas ballots, either
registrar of voters may, in a form to be
prescribed [and provided] by the Secretary of the
State, direct the municipal clerk forthwith to
mail an overseas ballot, with the necessary
envelopes and instructions, to the best-known
address, within the knowledge of the registrar
issuing such direction, of a citizen of the United
States who is eligible to vote as an overseas
elector under sections 9-158a to 9-158m,
inclusive, AS AMENDED BY THIS ACT, and such
direction shall constitute sufficient application
for such absentee ballot. Such ballot shall not be
counted unless an application form prescribed in
subsection (b) of section 9-158d is received by
the town clerk prior to the day of the election or
primary. The municipal clerk may, during such
period, so act on his own motion and without
waiting for the direction of a registrar of voters
or other application, if the clerk first completes
and retains in his records as an application the
same direction form that is used by a registrar of
voters.
Sec. 14. Section 9-150c of the general
statutes is repealed and the following is
substituted in lieu thereof:
An applicant who applies for an absentee
ballot because of unforeseen illness or physical
disability occurring within six days immediately
preceding the close of the polls at an election,
primary or referendum OR BECAUSE THE APPLICANT IS
A PATIENT IN A HOSPITAL WITHIN SUCH SIX-DAY
PERIOD, may appoint a designee, as defined in
subsection (b) of section 9-140b, AS AMENDED BY
SECTION 15 OF THIS ACT, to deliver the ballot to
him, by stating on [his] THE application, in a
space provided for that purpose, (1) the date of
occurrence of the illness or disability OR THE
NAME AND ADDRESS OF THE HOSPITAL IN WHICH THE
APPLICANT IS A PATIENT WITHIN SUCH SIX-DAY PERIOD,
(2) the name, address and category under said
subsection, of the person so designated and (3)
the delivery which the person is designated to
perform, provided the person so designated shall
also sign a statement on the application to the
effect that he consents to the designation and
will perform the delivery without tampering with
the ballot in any way. If the application
designates a person to deliver the ballot to the
applicant, that person shall personally submit the
application to the municipal clerk. If such
application is submitted to the clerk in person,
within six days immediately preceding the close of
the polls at an election or primary, by a person
designated on the application to deliver the
absentee ballot to the applicant as provided in
this section and in subsection (b) of said section
9-140b, and if the application is dated within
such time, the clerk shall give that person the
absentee voting set.
Sec. 15. Section 9-140b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) An absentee ballot shall be cast at a
primary, election or referendum only if: (1) It is
mailed by (A) the ballot applicant, (B) a designee
of a person who applies for an absentee ballot
because of illness or physical disability or (C) a
member of the immediate family of an applicant who
is a student, so that it is received by the clerk
of the municipality in which the applicant is
qualified to vote not later than the close of the
polls; (2) it is returned by the applicant in
person to the clerk by the day before a regular
election, special election or primary or prior to
the opening of the polls on the day of a
referendum; (3) it is returned by a designee of an
ill or physically disabled ballot applicant, in
person, to said clerk not later than the close of
the polls on the day of the election, primary or
referendum; [or] (4) IT IS RETURNED BY A MEMBER OF
THE IMMEDIATE FAMILY OF THE ABSENTEE VOTER, IN
PERSON, TO SAID CLERK NOT LATER THAN THE CLOSE OF
THE POLLS ON THE DAY OF THE ELECTION, PRIMARY OR
REFERENDUM; OR [(4)] (5) in the case of a
presidential or overseas ballot, it is mailed or
otherwise returned pursuant to the provisions of
section 9-158g. A PERSON RETURNING AN ABSENTEE
BALLOT TO THE MUNICIPAL CLERK PURSUANT TO
SUBDIVISION (3) OR (4) OF THIS SUBSECTION SHALL
PRESENT IDENTIFICATION AND, ON THE OUTER ENVELOPE
OF THE ABSENTEE BALLOT, SIGN HIS NAME IN THE
PRESENCE OF THE MUNICIPAL CLERK, AND INDICATE HIS
ADDRESS, HIS RELATIONSHIP TO THE VOTER OR HIS
POSITION, AND THE DATE AND TIME OF SUCH RETURN. AS
USED IN THIS SUBSECTION, 'IMMEDIATE FAMILY' MEANS
"IMMEDIATE FAMILY" AS DEFINED IN SECTION 1-79.
(b) As used in this section and section
9-150c, AS AMENDED BY SECTION 14 OF THIS ACT,
"designee" means (1) a person who is caring for
the applicant because of the applicant's illness
or physical disability, including but not limited
to, a licensed physician or a registered or
practical nurse, (2) a member of the applicant's
family, who is designated by an absentee ballot
applicant and who consents to such designation, or
(3) if no such person consents or is available,
then a police officer, registrar of voters, deputy
registrar of voters or assistant registrar of
voters in the municipality in which the applicant
resides.
(c) For purposes of this section "mailed"
means sent by the United States Postal Service or
any commercial carrier, courier or messenger
service recognized and approved by the Secretary
of the State.
(d) No person shall have in his possession
any official absentee ballot or ballot envelope
for use at any primary, election or referendum
except the applicant to whom it was issued, the
Secretary of the State or his or her authorized
agents, any official printer of absentee ballot
forms and his designated carriers, the United
States Postal Service, any other carrier, courier
or messenger service recognized and approved by
the Secretary of the State, any person authorized
by a municipal clerk to receive and process
official absentee ballot forms on behalf of the
municipal clerk, any authorized primary, election
or referendum official or any other person
authorized by any provision of the general
statutes to possess a ballot or ballot envelope.
Sec. 16. Section 9-170 of the general
statutes is repealed and the following is
substituted in lieu thereof:
At any regular or special town election any
person may vote who is registered as an elector on
the revised registry list of the town last
completed and he shall vote only in the district
in which he is so registered, provided any person
may vote whose name is restored to the list under
the provisions of section 9-42 or whose name is
added on the last week day before a regular
election under the provisions of section 9-17.
Each person so registered shall be permitted to
vote unless he is not a bona fide resident of
[such town] THE TOWN AND POLITICAL SUBDIVISION
HOLDING THE ELECTION or has been convicted of a
disfranchising crime. Any person offering to vote
and being challenged as to his identity or
residence shall, before he votes, prove his
identity with the person on whose name he offers
to vote or his bona fide residence in [such town]
THE TOWN AND POLITICAL SUBDIVISION HOLDING THE
ELECTION, as the case may be, by the testimony,
under oath, of at least one other elector or by
such other evidence acceptable to the moderator.
Sec. 17. Section 9-172 of the general
statutes is repealed and the following is
substituted in lieu thereof:
At any regular or special state election any
person may vote who was registered on the
last-completed revised registry list of the town
in which he offers to vote, and he shall vote in
the district in which he was so registered;
provided those persons may vote whose names are
restored to the list under the provisions of
section 9-42 or whose names are added on the last
weekday before a regular election under the
provisions of section 9-17. Each person so
registered shall be permitted to vote if he is a
bona fide resident of [such town] THE TOWN AND
POLITICAL SUBDIVISION HOLDING THE ELECTION and has
not lost his right by conviction of a
disfranchising crime. Any person offering so to
vote and being challenged as to his identity or
residence shall, before he votes, prove his
identity with the person on whose name he offers
to vote or his bona fide residence in [such town]
THE TOWN AND POLITICAL SUBDIVISION HOLDING THE
ELECTION, as the case may be, by the testimony,
under oath, of at least one other elector or by
such other evidence as is acceptable to the
moderator.
Sec. 18. Subsection (d) of section 9-261 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) If not challenged by any of the election
officials, the elector shall be permitted to pass
the railing to the side where the machine is
located. The elector shall give any receipt he has
received to a voting machine tender at the machine
to which he is directed and the machine tender
shall permit the elector to vote only in the
primary of the party specified by the receipt and,
if applicable, on the separate voting machine with
the partial ballot specified by the receipt. The
elector shall be permitted into the voting machine
booth, and he shall then register his vote in
secret. Having voted, he shall immediately [pass
out] EXIT THE VOTING MACHINE BOOTH and leave the
room. No elector shall remain within the voting
machine booth longer than two minutes, and, if he
refuses to leave such booth after the lapse of
that time, he 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 operate the machine or be within the
enclosed space which the elector occupies while
operating the machine provided an elector may be
accompanied within such enclosed space by one or
more children who are [ten] 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 place for the purpose of receiving
instruction before voting on the machine. If any
elector, after entering the voting machine booth,
asks for further instruction concerning the manner
of voting, two election officials of different
political parties shall stand outside the voting
machine booth and give such instructions or
directions to the elector as the two officials
agree upon; but no election official instructing
or assisting an elector, except as provided in
section 9-264, shall open, look inside or put his
hand inside the curtain, or in any manner seek to
influence any such elector in the casting of his
vote.
Sec. 19. Section 9-291 of the general
statutes is repealed and the following is
substituted in lieu thereof:
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 nor 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 his ballot, unless he is a
moderator, box-tender, registrar, checker or
challenger, except as hereinafter provided;
provided there shall not be more than one
challenger for each political party. 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 [ten]
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 any witnesses that may be
required in cases of challenge, but only one at a
time, and also 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.
Sec. 20. Subsection (b) of section 9-23g of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Secretary of the State shall
prescribe, and provide to registrars of voters,
town clerks and voter registration agencies
described in section 9-23n, application forms and
other materials necessary to complete such
application and admission process. The Secretary
of the State, registrars of voters and town clerks
shall provide a reasonable number of such forms
and materials to any elector who requests such
forms and materials. The secretary shall also, in
the course of his elections duties, prepare
instructions and related materials describing
procedures for such application and admission
process and shall provide the materials to
registrars of voters and town clerks. The
application shall contain the information required
under section 9-23h. All statements of the
applicant shall be made under the penalties of
perjury. The application for admission as an
elector shall include a statement that (1)
specifies each eligibility requirement, (2)
contains an attestation that the application meets
each such requirement and (3) requires the
signature of the applicant under penalty of
perjury. Nothing in this section or section 9-23h
shall require that the application be executed in
the state. An applicant who is unable to write may
cause his name to be signed on the application
form by an authorized agent who shall, in the
space provided for the signature, write the name
of the applicant followed by the word "by" and his
own signature. The completed application may be
mailed or returned in person to the office of the
registrars of voters or the office of the town
clerk of the applicant's town of residence or a
voter registration agency described in section
9-23n. IF THE APPLICANT ENTRUSTS HIS APPLICATION
TO ANOTHER PERSON OR AGENCY FOR MAILING OR RETURN
TO THE REGISTRARS OF VOTERS, SUCH PERSON OR AGENCY
SHALL IMMEDIATELY MAIL OR RETURN THE APPLICATION.
The town clerk shall promptly forward any
application which he receives to the registrars of
voters. Such application form shall be provided by
or authorized by the Secretary of the State.
Sec. 21. (NEW) (a) The Secretary of the
State, at such times as he determines, may cause a
search to be made of computerized voter
registration records to identify electors who may
be registered in more than one town. The secretary
may compile, from such search, a list of possible
duplicate registrations in any town or towns and
transmit such list to the registrars of voters of
the appropriate town or towns.
(b) Upon receipt of such list from the
secretary, the registrars may make such additional
investigation as they deem necessary to determine
if any elector in their town whose name appears on
such list has subsequently registered in another
town. The registrars shall send to each elector on
the registry list in their town, who the
registrars determine to be the same person who
subsequently registered in another town, a notice
of duplicate registration in a form prescribed by
the Secretary of the State stating that (1) based
on a computer search of voter registration records
it appears that the elector has registered to vote
in another town after having registered in the
registrars' town, (2) as the result of such
subsequent registration, the elector is no longer
entitled to remain on the registry list in the
registrars' town, and (3) unless the elector
contacts the registrars within thirty days to
confirm that he is still entitled to be on the
registry list in the registrars' town, his name
shall be removed from the list. The notice of
duplicate registration shall include a form on
which the elector may confirm that he is entitled
to be on an active registry list because he is a
bona fide resident of the registrars' town and
either is not the person whose name appears on the
registry list of another town, or has registered
in the registrars' town after registering in any
other town.
(c) When an elector whose name appears on the
inactive list files the confirmation provided for
in this section, his name shall be restored to the
active list. No elector shall be removed from the
registry list pursuant to this section unless both
registrars agree that such elector has
subsequently registered to vote in another town.
Sec. 22. Subsection (a) of section 9-65 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Within a week after the last session of
the registrars of voters under section 9-17 before
an election, the registrars of voters in each
municipality shall submit in writing to the
Secretary of the State a statement setting forth
the total number of electors ON THE ACTIVE AND
INACTIVE REGISTRY LIST, the total number of
electors enrolled on each ACTIVE AND INACTIVE
party enrolment list and the total number of
unaffiliated electors ON THE ACTIVE AND INACTIVE
REGISTRY LIST in such municipality. They shall
omit therefrom electors on the last-completed
registry list or enrolment lists who have died,
and they shall include therein electors who have
acquired electoral or enrolment privileges since
the last-completed registry list or enrolment
lists were perfected. In municipalities divided
into two voting districts which elect registrars
of voters for each district, such information
shall be so submitted by the registrars of voters
of the first district. [If the registrars who are
required to submit such statement fail to do so
within the time required, each such registrar
shall pay a late filing fee of twenty-five
dollars.] Such statement shall be deemed to be
submitted within the time required if it is either
(1) postmarked by the United States Postal Service
not earlier than eight o'clock p.m. on the day of
such last session of the registrars and not later
than midnight on the seventh day following such
last session, or (2) delivered by hand or by
electronically transmitted facsimile to the office
of the Secretary of the State not earlier than the
first day following, and not later than
four-thirty o'clock p.m. on the seventh day
following, such last session.
Sec. 23. Section 9-238a of the general
statutes is repealed and the following is
substituted in lieu thereof:
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 enrolment 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.
Sec. 24. Section 9-35 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The registrars, on the Tuesday of the fifth
week before each regular election, shall be in
session for the purpose of completing a correct
list of all electors who will be entitled to vote
at such election. Such registry list shall consist
of an active registry list and an inactive
registry list. Such session shall be held during
such hours between nine o'clock a.m. and five
o'clock p.m. as the registrars find necessary to
complete the list. Notice of such session shall be
given at least five days before the session by
publication in a newspaper having a circulation in
such municipality, if any, and by posting on the
signpost therein, if any, or at some other
exterior place near the office of the town clerk.
At such session and on any day except on the day
of an election or primary, the registrars shall
remove from the list the name of each elector who
has died, who has been disfranchised or who has
confirmed in writing that he has moved out of the
municipality, except electors entitled to remain
on such list under the provisions of this chapter.
An elector shall be deemed to have confirmed in
writing that he has moved out of the municipality
if (1) the elector has submitted a change of
address form for purposes of a state motor vehicle
operator's license, unless the elector states on
the form that the change of address is not for
voter registration purposes, (2) the elector has
submitted a change of address form to a voter
registration agency described in section 9-23n and
such agency has provided such change of address to
the registrars of voters or (3) the registrars of
voters have received a cancellation of previous
registration from any other election official
indicating that such elector has registered as an
elector outside such municipality. Whenever the
registrars of voters of a town remove from the
registry list the name of an elector who has
submitted a change of address to the Commissioner
of Motor Vehicles or a voter registration agency
under subdivision (1) or (2) of this section,
indicating that he has moved out of such town, the
registrars shall send the elector, by forwardable
mail to his former address from such list, (A) a
notice of removal, (B) information explaining how
to have his name restored to such list, which
shall be in a form prescribed by the Secretary of
the State, and (C) a mail-in voter registration
application which can be used by the elector to
apply for admission as an elector in the new town.
If such notice, information and application are
returned undeliverable, the registrars shall mail
such documents to the elector's address in the new
town. The registrars shall enter the names on such
list by street and number of the house, when the
houses are numbered, so that there shall be
entered on the list first, the street, avenue or
road; second, the number of the house or residence
in numerical order or, if the registrars of any
town find it more convenient, by odd and even
numbers in numerical order; and third, the names
of the electors in such house in alphabetical
order. The names of any electors who cannot be so
listed shall be listed alphabetically in the
voting district wherein any such elector is a bona
fide resident. The registrars of voters may
consecutively number the names on the registry
list, provided such list shall comply in all
respects with the requirements of law other than
for the addition of such numbers. In any case in
which the registrars have obtained reliable
information of an elector's change of address
within the municipality, they shall enter the name
of such elector on the registry list at the place
where he then resides, provided, if such reliable
information is the National Change of Address
System of the United States Postal Service, the
registrar shall change the registry list and send
the elector a notice of the change by forwardable
mail and a postage prepaid preaddressed return
form by which the elector may verify or correct
the address information. If during the canvass the
registrars determine that an elector has moved out
of town and such elector has not confirmed in
writing that he has moved out of the town, the
registrars shall, not later than May first, send
to the elector, by forwardable mail, a notice
required by the National Voter Registration Act of
1993, P.L. 103-31, as amended from time to time,
together with a postage prepaid preaddressed
return card on which the elector may state his
current address. In the year of a presidential
preference primary, the registrars shall send such
notice not earlier than the date of such primary.
If the registrar does not receive the return card
within thirty days after it is sent, the elector's
name shall be placed on the inactive registry list
for four years. [from the date the notice was
sent.] At the expiration of such period of time on
the inactive registry list, such name shall be
removed from the registry list. If such elector
applies to restore his name to the active registry
list or votes during such period, his name shall
be restored to the active registry list. Such
registrars shall retain a duplicate copy or record
of each such notice in their office or, if they do
not have a permanent office, in the office space
provided under section 9-5a, and shall note on
such duplicate copy or record the date on which
such notice was mailed. In each municipality, any
elector, upon change of residence within the
municipality, may cause his registration to be
transferred to his new address by presenting to
the registrars a signed request therefor, stating
his present address, the date he moved to such
address and the address at which he was last
registered. The registrars shall thereupon enter
his name on the list at his new residence;
provided no transfer of registration shall be made
on the registry list on election day without the
consent of both registrars.
Sec. 25. Section 9-372 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The following terms, as used in this chapter
and sections 9-51 to 9-67, inclusive, 9-169e,
9-217, 9-236 and 9-361, shall have the following
meanings:
(1) "Caucus" means any meeting, at a
designated hour and place, or at designated hours
and places, of the enrolled members of a political
party within a municipality or political
subdivision thereof for the purpose of selecting
party-endorsed candidates for a primary to be held
by such party or for the purpose of transacting
other business of such party;
(2) "Convention" means a meeting of delegates
of a political party held for the purpose of
designating the candidate or candidates to be
endorsed by such party in a primary of such party
for state or district office or for the purpose of
transacting other business of such party;
(3) "District" means any geographic portion
of the state which crosses the boundary or
boundaries between two or more towns;
(4) "District office" means an elective
office for which only the electors in a district,
as defined in subdivision (3) of this section, may
vote;
(5) "Major party" means (A) a political party
or organization whose candidate for Governor at
the last-preceding election for Governor received,
under the designation of that political party or
organization, at least twenty per cent of the
whole number of votes cast for all candidates for
Governor or (B) a political party having, at the
last-preceding election for Governor, a number of
enrolled members ON THE ACTIVE REGISTRY LIST equal
to at least twenty per cent of the total number of
enrolled members of all political parties ON THE
ACTIVE REGISTRY LIST in the state;
(6) "Minor party" means a political party or
organization which is not a major party and whose
candidate for the office in question received at
the last-preceding regular election for such
office, under the designation of that political
party or organization, at least one per cent of
the whole number of votes cast for all candidates
for such office at such election;
(7) "Municipal office" means an elective
office for which only the electors of a single
town, city, borough, or political subdivision, as
defined in subdivision (10) of this section, may
vote, including the office of justice of the
peace;
(8) "Party designation committee" means an
organization, composed of at least twenty-five
members who are electors, which has, on or after
November 4, 1981, reserved a party designation
with the Secretary of the State pursuant to the
provisions of this chapter;
(9) "Party-endorsed candidate", in the case
of a candidate for state or district office, means
a person endorsed by the convention of a political
party as a candidate in a primary to be held by
such party and, in the case of a candidate for
municipal office or for member of a town committee
or delegate to a convention, means a person
endorsed by the town committee, caucus or
convention, as the case may be, of a political
party as a candidate in a primary to be held by
such party;
(10) "Political subdivision" means any voting
district or combination of voting districts
constituting a part of a municipality;
(11) "Primary" means a meeting of the
enrolled members of a political party and, when
applicable under section 9-431, unaffiliated
electors, held during consecutive hours at which
such members or electors may, without assembling
at the same hour, vote by secret ballot for
candidates for nomination to office or for town
committee members or delegates to conventions;
(12) "Registrar" means the registrar of
voters in a municipality who is enrolled with the
political party holding a primary and, in each
municipality where there are different registrars
for different voting districts, means the
registrar so enrolled in the voting district in
which, at the last-preceding regular election, the
presiding officer for the purpose of declaring the
result of the vote of the whole municipality was
moderator;
(13) "Slate" means a group of candidates for
election as delegates from a town to a state or
district convention of a political party equal in
number to the whole number of delegates to which
such town is entitled at such convention, except
that (A) in a case in which only a portion of the
town is in the district for which a district
convention is to be held, "slate" means a group of
candidates for election as delegates from such
portion of the town to such district convention
equal in number to the whole number of delegates
to which such portion of the town is entitled at
such district convention, and (B) in a case in
which delegates to a state convention are to be
selected from a senatorial district under section
9-394 or section 9-408, "slate" means a group of
candidates for election as delegates from such
district to such convention equal in number to the
whole number of delegates to which such district
is entitled at such convention;
(14) "State office" means any office for
which all the electors of the state may vote and
includes the office of Governor, Lieutenant
Governor, Secretary, Treasurer, Comptroller,
Attorney General and senator in Congress, but does
not include the office of elector of President and
Vice-President of the United States;
(15) "Votes cast for the same office at the
last-preceding election" or "votes cast for all
candidates for such office at the last-preceding
election" means, in the case of multiple openings
for the same office, the total number of electors
checked as having voted at the last-preceding
election at which such office appeared on the
ballot label.
Sec. 26. Subsection (b) of section 9-20 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The applicant's statement shall be
delivered to the registrars immediately and shall
be kept by the registrars as a public record in a
safe depository, except that any such statement of
an elector whose name has been removed from the
registry list for a period of at least five years
may be placed on microfilm, destroyed or otherwise
disposed of by such registrars, in the manner
provided in section 7-109. Upon the request of any
elector, or if the applicant does not present a
birth certificate, drivers' license or Social
Security card as required by subsection (a) of
this section, at the time an application is made
in person to an admitting official or prior to the
approval of such an application, any admitting
official shall require the applicant to prove his
identity, place of birth, age and bona fide
residence by the testimony under oath of at least
one elector or by the presentation of proof
satisfactory to such admitting official. Each
person found qualified shall thereupon be admitted
as an elector, except as provided in sections
9-12, 9-19e, 9-19g and 9-30. THE REGISTRARS MAY
REQUEST AN ELECTOR WHOSE DATE OF BIRTH IS MISSING
FROM THEIR RECORDS TO VOLUNTARILY FURNISH HIS DATE
OF BIRTH. Any admitting official may administer
oaths in any matter coming before him under
section 9-12, 9-17, 9-19b, subsection (a) of
section 9-19c, section 9-19e, 9-19g, 9-23, 9-23a,
9-25, 9-31a, 9-31b, 9-31l, 9-40a or this section.
Said admitting official shall prohibit any
activity which interferes with the orderly process
of admission of electors.
Sec. 27. This act shall take effect from its
passage, except that sections 1 to 13, inclusive,
and 16 to 25, inclusive, shall take effect July 1,
1997, and sections 14 and 15 shall take effect
January 1, 1998.
Approved June 24, 1997