Sec. 9-308. Canvass of returns.
Sec. 9-310. Sealing of tabulator by moderator.
Sec. 9-311a. Recanvass on close vote.
Sec. 9-311b. Recanvass on tie vote.
Sec. 9-312. Declaration of result; returns to secretary.
Sec. 9-313. Forms for returns.
Sec. 9-315. Canvass for presidential electors, U.S. senator and members of Congress.
Sec. 9-316. Canvass in vacancy election of U.S. senator or representative.
Sec. 9-317. Certification of election of U.S. senator.
Sec. 9-318. Canvass of votes for state officers.
Sec. 9-319. Canvass of votes for state senators and representatives and judges of probate.
Secs. 9-320a to 9-320e. Reserved
Sec. 9-321. Return by moderator of election of town clerk and registrar of vital statistics.
Sec. 9-322. Failure of moderator to make returns.
Sec. 9-307. Certificate of check lists; exception for certain elections and primaries held in 2020 and 2021. (a) Immediately after the polls are closed, the official checker or checkers, appointed under the provisions of section 9-234, shall make and deliver to the moderator a certificate stating the whole number of names on the registry list or enrollment list including, if applicable, unaffiliated electors authorized under section 9-431 to vote in the primary, and the number checked as having voted in that election or primary. For the purpose of computing the whole number of names on the registry list, the lists of persons who have applied for presidential or overseas ballots prepared in accordance with section 9-158h shall be included. If a paper registry list is used, the registrars or assistant registrars, as the case may be, shall write and sign with ink, on the list or lists so used and checked, a certificate of the whole number of names registered on the list eligible to vote in the election or primary and the number checked as having voted in that election or primary, and deposit it in the office of the municipal clerk not later than forty-eight hours after the close of the polls. If an electronic version of the registry list is used, the electronic device upon which such list is stored shall be returned to the registrars of voters who shall cause the electronic registry list to be printed. Such printed list shall be signed by each registrar, who shall deposit such list in the office of the municipal clerk not later than forty-eight hours after the close of the polls. The municipal clerk shall carefully preserve the paper registry list or printed electronic registry list, as applicable, on file, with the marks on it without alteration, for public inspection, and shall immediately enter a certified copy of such certificate on the town records. Subject to the provisions of section 7-109, the municipal clerk may destroy any voting checklist four years after the date upon which it was used. The moderator shall place the certificate which the moderator received from the official checker or checkers in the office of the municipal clerk not later than forty-eight hours after the close of the polls.
(b) Notwithstanding the provisions of subsection (a) of this section, for the state election in 2020, and any election or primary held on or after June 23, 2021, but prior to November 3, 2021, any certificate or list required under said subsection to be deposited or placed in the office of the municipal clerk shall be so deposited or placed not later than ninety-six hours after the close of the polls at such election or primary.
(1949 Rev., S. 1070; 1953, S. 785d; 1957, P.A. 526, S. 1; 1963, P.A. 200; February, 1965, P.A. 365; P.A. 76-295, S. 15, 18; P.A. 77-245, S. 9; P.A. 86-179, S. 44, 53; P.A. 87-509, S. 11, 24; P.A. 88-364, S. 13, 123; P.A. 11-20, S. 20; P.A. 14-217, S. 25; P.A. 15-224, S. 21; July Sp. Sess. P.A. 20-3, S. 11; June Sp. Sess. P.A. 21-2, S. 139.)
History: 1963 act added authority to destroy check list after four years; 1965 act provided for count of whole number of names on registry list to include the list of new resident voters prepared pursuant to Sec. 9-163g; P.A. 76-295 deleted the latter provision and inserted provision for the count to include persons who applied for presidential ballots and those who applied for overseas ballots; P.A. 77-245 changed “town clerk's office” to “office of the municipal clerk” and “town” to “municipal” clerk where appearing; P.A. 86-179 made technical changes; P.A. 87-509 required certificate to also state whole number of names on enrollment list including, if applicable, unaffiliated electors authorized to vote in primary; P.A. 88-364 made a technical change; P.A. 11-20 replaced reference to duplicate certificates received in the voting machine with reference to voted ballots from the polling place, replaced “machine” with “tabulator” and made technical changes, effective May 24, 2011; P.A. 14-217 deleted provisions re duplicate certificates, inclusion of voted ballots and moderator's return upon deposit of the certificate with the clerk and locking the tabulator, added references to paper or electronic registry list and made technical changes, effective June 13, 2014; P.A. 15-224 deleted “acting at the respective polls” and “of their town” and changed “on or before the following day” and “on the following day” to “not later than forty-eight hours after the close of the polls”, effective July 7, 2015; July Sp. Sess. P.A. 20-3 designated existing provisions as Subsec. (a) and added Subsec. (b) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (b) to add provisions re certain elections and primaries held prior to November 3, 2021, effective June 23, 2021.
Not improper to combine this certificate with that required under Sec. 9-259. 116 C. 41.
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Sec. 9-308. Canvass of returns. Immediately on the close of the polls, the election officials shall proceed to canvass the returns as provided in section 9-309 and shall not stop for any purpose until the canvass is completed, except as provided in said section. The room in which such canvass is made shall be clearly lighted and such canvass shall be made in plain view of the public. No person or persons, during the canvass, shall close or cause to be closed the main entrance to the room in which such canvass is conducted, in such manner as to prevent ingress or egress thereby, but, during such canvass, no person other than the election officials shall be permitted to be in the area where the voting tabulator is located.
(1949 Rev., S. 1212; 1953, S. 786d; 1957, P.A. 526, S. 2; P.A. 11-20, S. 1; 11-173, S. 48; P.A. 15-224, S. 22.)
History: P.A. 11-173 replaced language re guard rail with “in the area” and replaced “machine” with “tabulator”, effective July 13, 2011; P.A. 15-224 added reference to exception provided in Sec. 9-309 for interruption of canvass, effective July 7, 2015.
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Sec. 9-309. Procedure for announcing results; exception for certain elections held in 2020 and 2021. Temporary interruption of canvass after transmission of preliminary totals to Secretary of the State. Security of tabulators and other materials. (a) Upon the close of the polls, the moderator, in the presence of the other election officials, shall immediately lock the voting tabulator against voting and immediately cause the vote totals for all candidates and questions to be produced. The moderator shall, in the order of the offices as their titles are arranged on the ballot, read and announce in distinct tones the result as shown, giving the number indicated and indicating the candidate to whom such total belongs, and shall read the votes recorded for each office on the ballot. The moderator shall also, in the same manner, announce the vote on each constitutional amendment, proposition or other question voted on. The vote so announced by the moderator shall be taken down by each checker and recorded on the tally sheets. Each checker shall record the number of votes received for each candidate on the ballot and also the number received by each person for whom write-in ballots were cast. The moderator shall make a preliminary list from the vote totals produced by the tabulators and shall prepare such preliminary list for transmission to the Secretary of the State pursuant to section 9-314. After such preliminary list has been transmitted to the Secretary of the State, the canvass may be temporarily interrupted, during which time the moderator shall (1) return the keys for all tabulators to the registrars of voters, (2) seal the tabulators against voting or being tampered with, (3) prepare and seal individual envelopes for all (A) write-in ballots, (B) absentee ballots, (C) moderators' returns, and (D) other notes, worksheets or written materials used at the election, and (4) store all such tabulators and envelopes in a secure place or places directed by the registrars of voters. At the end of such temporary interruption, the moderator shall receive such keys from the registrars and shall take possession of and break the seal on all such tabulators and envelopes for the purpose of completing the canvass. The result totals shall remain in full public view until the statement of canvass and all other reports have been fully completed and signed by the moderator, checkers and registrars, or assistant registrars, as the case may be. Any other remaining result of the votes cast shall be publicly announced by the moderator not later than forty-eight hours after the close of the polls. Such public announcement shall consist of reading both the name of each candidate, with the designating number and letter on the ballot and the absentee vote as furnished to the moderator by the absentee ballot counters, and also the vote cast for and against each question submitted. While such announcement is being made, ample opportunity shall be given to any person lawfully present to compare the results so announced with the result totals provided by the tabulator and any necessary corrections shall then and there be made by the moderator, checkers and registrars or assistant registrars, after which the compartments of the voting tabulator shall be closed and locked. In canvassing, recording and announcing the result, the election officials shall be guided by any instructions furnished by the Secretary of the State.
(b) Notwithstanding the provisions of subsection (a) of this section, for the state election in 2020, and any election held on or after June 23, 2021, but prior to November 3, 2021, after the preliminary list has been transmitted to the Secretary of the State, any other remaining result of the votes cast required under said subsection to be publicly announced by the moderator shall be so announced not later than ninety-six hours after the close of the polls at such election.
(1949 Rev., S. 1213; 1953, S. 787d; 1957, P.A. 526, S. 3; February, 1965, P.A. 408, S. 2; 1969, P.A. 9, S. 1; P.A. 83-475, S. 23, 43; P.A. 11-20, S. 21; P.A. 15-224, S. 23; P.A. 16-14, S. 2; July Sp. Sess. P.A. 20-3, S. 12; June Sp. Sess. P.A. 21-2, S. 140.)
History: 1965 act provided that where machine is equipped with device for printing totals of candidate and questions counters, concealing doors not to be opened and the printed record shall be the official return and so proclaimed with opportunity given persons lawfully present to inspect the records, however, where printed record not clear concealing doors to be opened and counting proceed as with other machines; 1969 act deleted provision for alternate to moderator to announce results of votes cast, and added provision for announcing both the machine vote registered on the counter and the absentee vote furnished to moderator by absentee ballot counters; P.A. 83-475 amended section to make use of printing device on voting machines permissive rather than mandatory; P.A. 11-20 replaced “voting machine” with “tabulator”, “machine” with “ballot” re arrangement of candidates and “voting machine ballot label” with “ballot”, replaced provisions re counters, doors and other language specific to voting machines with provisions re tabulators and made technical changes, effective May 24, 2011; P.A. 15-224 added requirement that moderator make out preliminary list of vote totals and prepare such list for transmission to Secretary of the State pursuant to Sec. 9-314(a), added provisions re temporary interruption of canvass and security of keys, tabulators and envelopes for ballots, returns and other materials during interruption, added requirement that moderator publicly announce remaining result not later than 48 hours after close of polls, and made technical changes, effective July 7, 2015; P.A. 16-14 replaced reference to Sec. 9-314(a) with reference to Sec. 9-314 and made a technical change, effective May 6, 2016; July Sp. Sess. P.A. 20-3 designated existing provisions as Subsec. (a) and added Subsec. (b) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (b) to add provisions re certain elections held prior to November 3, 2021, effective June 23, 2021.
Cited. 116 C. 40.
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Sec. 9-310. Sealing of tabulator by moderator. As soon as the count is completed and the moderator's return required under the provisions of section 9-259 has been executed, the moderator shall place the sealed tabulator in the tabulator bag, and so seal the bag, and the tabulator shall remain so sealed against voting or being tampered with for a period of fourteen days, except as provided in section 9-309 or 9-311 or pursuant to an order issued by the State Elections Enforcement Commission. If it is determined that a recanvass is required pursuant to section 9-311 or 9-311a, immediately upon such determination the tabulators, write-in ballots, absentee ballots, moderators' returns and all other notes, worksheets or written materials used at the election shall be impounded at the direction of the Secretary of the State. Such package shall be preserved for one hundred eighty days after such election and may be opened and its contents examined in accordance with section 9-311 or upon an order of a court of competent jurisdiction. At the end of one hundred eighty days, unless otherwise ordered by the court, such package and its contents may be destroyed. Except as provided in section 9-309 for moderators temporarily interrupting a canvass, any person who unlocks the voting or operating mechanism of the tabulator or the counting compartment after it has been locked as above directed or breaks or destroys or tampers with the seal after it has been affixed as above directed or changes the indication of the counters on any voting tabulator within fourteen days after the election or within any longer period during which the tabulator is kept locked as ordered by a court of competent jurisdiction or by the State Elections Enforcement Commission in any special case, except as provided in section 9-311, shall be imprisoned for not more than five years. Any tabulator may be released in less than fourteen days, for use in another election, by order of a court, if there is no disagreement as to the returns from such machine and no order directing impoundment has been issued by the State Elections Enforcement Commission.
(1949 Rev., S. 1214; 1953, S. 788d; 1957, P.A. 526, S. 4; 1963, P.A. 318, S. 4; P.A. 77-239, S. 2; P.A. 85-514, S. 3; P.A. 86-1, S. 3, 5; P.A. 87-382, S. 35, 55; P.A. 95-88, S. 2; P.A. 07-194, S. 36; P.A. 15-224, S. 25.)
History: 1963 act made technical change in language; P.A. 77-239 added provision for opening package of write-in ballots, where there is a recanvass in case of a discrepancy, to the existing provision for opening them on order of court of competent jurisdiction; P.A. 85-514 amended section to require impoundment of machines, write-in ballots, absentee ballots, moderators' returns and all other notes, worksheets or written material upon determination of a recanvass; P.A. 86-1 added references to order issued by state elections enforcement commission; P.A. 87-382 substituted “one hundred eighty days” for “six months”; P.A. 95-88 changed number of days machine remains locked from 10 to 14; P.A. 07-194 replaced provisions re locking of machines with provisions re sealing of tabulators by moderator and made conforming and technical changes; P.A. 15-224 added references to Sec. 9-309 re exception to tabulator security measures for interruption of canvass by moderators, effective July 7, 2015.
See Sec. 9-266 re safekeeping of voting tabulator keys and storage of tabulators after election.
What constitutes basis for determining discrepancy; honest and reasonable judgment of canvassing official cannot be controlled by mandamus; difference between number on checkers' certificate and that recorded on machine as having voted would not necessarily show error in canvassing or in operation of machine. 116 C. 36. Cited. 216 C. 253.
Cited. 10 CS 316. Temporary injunction granted to restrain election officials from opening voting machines after expiration of statutory period. 16 CS 32.
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Sec. 9-311. Recanvass in case of discrepancy; exceptions for certain elections held in 2020 and 2021. (a)(1) If, within three days after an election, it appears to the moderator that there is a discrepancy in the returns of any voting district, such moderator shall forthwith within said period summon, by written notice delivered personally, the recanvass officials, consisting of at least two checkers of different political parties and at least two absentee ballot counters of different political parties who served at such election, and the registrars of voters of the municipality in which the election was held and such other officials as may be required to conduct such recanvass. Such written notice shall require the clerk or registrars of voters, as the case may be, to bring with them the depository envelopes required by section 9-150a, the package of write-in ballots provided for in section 9-310, the absentee ballot applications, the list of absentee ballot applications, the registry list and the moderators' returns and shall require such recanvass officials to meet at a specified time not later than the fifth business day after such election to recanvass the returns of a voting tabulator or voting tabulators or absentee ballots or write-in ballots used in such district in such election. If any of such recanvass officials are unavailable at the time of the recanvass, the registrar of voters of the same political party as that of the recanvass official unable to attend shall designate another elector having previous training and experience in the conduct of elections to take his place. Before such recanvass is made, such moderator shall give notice, in writing, to the chairman of the town committee of each political party which nominated candidates for the election, and, in the case of a state election, not later than twenty-four hours after a determination is made regarding the need for a recanvass to the Secretary of the State, of the time and place where such recanvass is to be made; and each such chairman may send representatives to be present at such recanvass. Such representatives may observe, but no one other than a recanvass official may take part in the recanvass. If any irregularity in the recanvass procedure is noted by such a representative, he shall be permitted to present evidence of such irregularity in any contest relating to the election.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, for the state election in 2020, and any election held on or after June 23, 2021, but prior to November 3, 2021, (A) if, within five days after such election, it appears to the moderator that there is a discrepancy in the returns of any voting district, such moderator shall forthwith within said period summon, by written notice delivered personally, the recanvass officials to conduct such recanvass in accordance with the provisions of said subdivision, and (B) such written notice shall require such recanvass officials to meet not later than the seventh business day after such election for such purpose.
(b) The moderator shall determine the place or places where the recanvass shall be conducted and, if such recanvass is held before the tabulators are boxed and collected in the manner required by section 9-266, the moderator may either require that such recanvass of such tabulators be conducted in each place where the tabulators are located, or he may require that they be removed to one central place, where such recanvass shall be conducted. All recanvassing procedures shall be open to public observation. Such recanvass officials shall, in the presence of such moderator and registrars of voters, make a record of the number on the seal and the number on the protective counter, if one is provided, on each voting tabulator specified by such moderator. Such registrars of voters in the presence of such moderator shall turn over the keys of each such tabulator to such recanvass officials, and such recanvass officials, in the presence of such registrars of voters and moderator, shall immediately proceed to recanvass the vote cast thereon, and shall then open the package of absentee ballots and recanvass the vote cast thereon. In the course of the recanvass of the absentee ballot vote the recanvass officials shall check all outer envelopes for absentee ballots against the inner envelopes for such ballots and against the registry list to verify postmarks, addresses and registry list markings and also to determine whether the number of envelopes from which absentee ballots have been removed is the same as the number of persons checked as having voted by absentee ballot. The write-in ballots shall also be recanvassed at this time. All of the recanvass officials shall use the same forms for tallies and returns as were used at the original canvass and the absentee ballot counters shall also sign the tallies.
(c) (1) The votes shall be announced and recorded in the manner prescribed in section 9-309 on return forms provided by the registrars of voters and appended thereto shall be a statement signed by the moderator indicating the time and place of the recanvass and the names, addresses, titles and party affiliations of the recanvass officials. The write-in ballots shall be replaced in a properly secured sealed package. Upon the completion of such recanvass, any tabulator used in such recanvass shall be locked and sealed, the keys thereof shall immediately be returned to such registrars of voters and such tabulator shall remain so locked until the expiration of fourteen days after such election or for such longer period as is ordered by a court of competent jurisdiction. The absentee ballots shall be replaced in their wrappers and be resealed by the moderator in the presence of the recanvass officials. Upon the completion of such recanvass, such moderator and at least two of the recanvass officials of different political parties shall forthwith prepare and sign such return forms which shall contain a written statement giving the result of such recanvass for each tabulator and each package of absentee ballots whose returns were so recanvassed, setting forth whether or not the original canvass was correctly made and stating whether or not the discrepancy still remains unaccounted for. Such return forms containing such statement shall forthwith be filed by the moderator in the office of such clerk. If such recanvass reveals that the original canvass of returns was not correctly made, such return forms containing such statement so filed with the clerk shall constitute a corrected return. In the case of a state election, a recanvass return shall be made in duplicate on a form prescribed and provided by the Secretary of the State, and the moderator shall file one copy with the Secretary of the State and one copy with the town clerk not later than ten days after the election. Such recanvass return shall be substituted for the original return and shall have the same force and effect as an original return.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, for the state election in 2020, and any election held on or after June 23, 2021, but prior to November 3, 2021, each copy of the recanvass return required under said subdivision to be filed by the moderator with the Secretary of the State and the town clerk shall be so filed not later than twelve days after such election.
(d) As used in this section, (1) “moderator” means, in the case of municipalities not divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) “registrars of voters”, in a municipality where there are different registrars of voters for different voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purpose of declaring the result of the vote of the whole municipality was moderator.
(1949 Rev., S. 1214; 1953, S. 789d; 1957, P.A. 526, S. 5; 1959, P.A. 527, S. 1; 1963, P.A. 311, S. 1; 1967, P.A. 885, S. 2; 1971, P.A. 836, S. 2; P.A. 77-239, S. 1; P.A. 85-382, S. 1; P.A. 93-30, S. 9, 14; P.A. 95-88, S. 3; P.A. 11-173, S. 21; July Sp. Sess. P.A. 20-3, S. 13; June Sp. Sess. P.A. 21-2, S. 141.)
History: 1959 act included recanvass of absentee ballots; 1963 act required duplicate of moderator's statement of recanvass in state election be sent to secretary and provided corrected return be substituted for and have effect of original; 1967 act provided for written notice of a recanvass for discrepancy to be delivered personally to recanvass officials as specified and the registrars of voters requiring recanvass officials to meet at specified time and if such officials unable to attend, registrars to designate another elector of same party to substitute, also provided for notice to secretary of the state in the case of a state election, substituted “recanvass officials” for “election officials” throughout, provided for moderator to determine where recanvass to occur, provided for votes cast by absentee ballots to be announced and recorded as prescribed in Sec. 9-309 on forms provided by municipal clerk with statement signed by moderator appended indicating time, place and particulars concerning recanvass officials, further provided that, in addition to moderator, at least two of the recanvass officials of different political parties to prepare and sign return forms, deleted provision for witnessing of the forms; where recanvass reveals original canvass of returns not correctly made, provided that return forms containing such statement filed with the clerk shall constitute a corrected return, changed provision in the case of a state election so that recanvass return made on form provided by secretary of the state and in addition to copy filed with latter and copy to be filed with town clerk, substituted “recanvass return” for “corrected return” in the provision for the return to be substituted for the original return, further provided that term “registrars of voters” in municipality having different registrars for different voting districts means the registrars in the voting district in which at the last-preceding election, the presiding officer for purposes of declaring result of vote of the whole municipality was moderator; 1971 act deleted “or chief” from “head or chief moderator” and also the proviso that where “there is no head or chief moderator, the moderator of the first district”; P.A. 77-239 included write-in votes as a part of the recanvass; P.A. 85-382 required clerk to bring absentee ballot applications, list of absentee ballot applications, registry list, moderators' returns and depository envelope for recanvass, required designated elector to have training and experience in the conduct of elections, required that no one other than recanvass official take part in recanvass, allowed representative to present evidence of any irregularity, mandated that procedures be open to public, required recanvass officials to check outer envelopes for absentee ballots against inner envelopes for such ballots and against the registry list to verify postmarks, addresses and registry list markings, required determination of whether the number of envelopes correspond with number of persons checked as voting by absentee ballot, required officials to use same forms for tallies and returns as used at original recanvass, and required absentee ballot counters to sign the tallies; P.A. 93-30 made technical changes, effective July 1, 1993; P.A. 95-88 divided section into Subsecs., amended Subsec. (a) to change time of recanvass officials' meeting from within 5 business days after election to not later than fifth business day after election, and amended Subsec. (c) to change number of days machine remains locked from 10 to 14; P.A. 11-173 amended Subsec. (a) by providing that the registrars of voters and such other officials as may be required conduct recanvass, that either the clerk or registrars of voters bring depository envelopes and that notice, in the case of a state election, be not later than twenty-four hours after determination of need for recanvass and by deleting “two” re number of representatives a chairman may send, amended Subsec. (b) by replacing “clerk” with “registrars of voters” and by deleting language re counter compartment of and unlocking of machine, amended Subsec. (c) by replacing “municipal clerk” and “clerk” with “registrars of voters”, and deleted references to mechanics, changed references to machines to references to tabulators and made technical changes in Subsecs. (a) to (c), effective July 13, 2011; July Sp. Sess. P.A. 20-3 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re state election in 2020 and amended Subsec. (c) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsecs. (a)(2) and (c)(2) to add provisions re certain elections held prior to November 3, 2021, effective June 23, 2021.
See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.
Cited. 231 C. 602.
Cited. 10 CS 316.
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Sec. 9-311a. Recanvass on close vote. For purposes of this section, state, district and municipal offices shall be as defined in section 9-372 except that the office of presidential elector shall be deemed a state office. Forthwith after a regular or special election for municipal office, or forthwith upon tabulation of the vote for state and district offices by the Secretary of the State, when at any such election the plurality of an elected candidate for an office over the vote for a defeated candidate receiving the next highest number of votes was either (1) less than a vote equivalent to one-half of one per cent of the total number of votes cast for the office but not more than two thousand votes, or (2) less than twenty votes, there shall be a recanvass of the returns of the voting tabulator or voting tabulators and absentee ballots used in such election for such office unless such defeated candidate or defeated candidates, as the case may be, for such office file a written statement waiving this right to such canvass with the municipal clerk in the case of a municipal office, or with the Secretary of the State in the case of a state or district office. In the case of state and district offices, the Secretary of the State upon tabulation of the votes for such offices shall notify the town clerks in the state or district, as the case may be, of the state and district offices which qualify for an automatic recanvass and shall also notify each candidate for any such office. When a recanvass is to be held the municipal clerk shall promptly notify the moderator, as defined in section 9-311, who shall proceed forthwith to cause a recanvass of such returns of the office in question in the same manner as is provided in said section 9-311. In addition to the notice required under section 9-311, the moderator shall before such recanvass is made give notice in writing of the time when, and place where, such recanvass is to be made to each candidate for a municipal office which qualifies for an automatic recanvass under this section. Nothing in this section shall preclude the right to judicial proceedings on behalf of a candidate under any provision of chapter 149. For the purposes of this section, “the total number of votes cast for the office” means in the case of multiple openings for the same office, the total number of electors checked as having voted in the state, district, municipality or political subdivision, as the case may be. When a recanvass of the returns for an office for which there are multiple openings is required by the provisions of this section, the returns for all candidates for all openings for the office shall be recanvassed. No one other than a recanvass official shall take part in the recanvass. If any irregularity in the recanvass procedure is noted by a candidate, he shall be permitted to present evidence of such irregularity in any contest relating to the election.
(1963, P.A. 185, S. 1; 1967, P.A. 885, S. 3; 1971, P.A. 542, S. 1; P.A. 80-281, S. 14, 31; P.A. 84-319, S. 37, 49; P.A. 85-382, S. 2; P.A. 11-20, S. 1.)
History: 1967 act provided for adding “of the office in question” to “cause a recanvass of such returns”, also provided for the clerk to notify the secretary of the state upon receipt of application for a recanvass where a state election is involved; 1971 act provided that the definitions contained in Sec. 9-372 would apply for purposes of section to state, district and municipal offices but that office of presidential elector is deemed a state office, deleted provision for application for recanvass and provided that a recanvass would take place where votes were within the limits already specified, immediately, in the case of municipal elections or upon the tabulation of the vote for state and district offices by the secretary of the state, unless a written waiver is filed by defeated candidate(s); P.A. 80-281 provided, in the case of multiple openings for the same office, the total number of votes cast means the total number of electors checked as having voted and provided that a recanvass in that case will result in the returns for all candidates being recanvassed; P.A. 84-319 amended section to provide uniformity in procedures for recanvass after primaries and elections; P.A. 85-382 required only recanvass officials to take part in recanvass and permitted candidates to present evidence of irregularities noted in any contest relating to the election; pursuant to P.A. 11-20, “machine” and “machines” were changed editorially by the Revisors to “tabulator” and “tabulators”, effective May 24, 2011.
Invoking provisions of section does not preclude candidate from obtaining judicial review under Sec. 9-328. 155 C. 68. Cited. 231 C. 602.
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Sec. 9-311b. Recanvass on tie vote. If the electors fail to elect a candidate for any office by reason of an equality of votes at any election, there shall be a recanvass of the returns for such office unless, prior to the time of such recanvass, all but one of the candidates so receiving an equal number of votes dies, withdraws his name or for any reason becomes disqualified to hold such office.
(1963, P.A. 185, S. 2.)
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Sec. 9-312. Declaration of result; returns to secretary. In each municipality divided into voting districts, unless otherwise provided by law, the head moderator shall be the presiding officer for the purpose of declaring the result of the vote of the whole municipality and of making returns to the Secretary of the State, and the moderators in each of the voting districts shall be assistant presiding officers and shall make returns of their polls as required by law.
(1949 Rev., S. 1059; 1953, S. 790d; 1971, P.A. 836, S. 3.)
History: 1971 act substituted “head moderator” for “moderator of the first district” and for “moderators of the other district” substituted “moderators in each of the voting districts”.
Duty of moderator in election of selectmen. 104 C. 401.
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Sec. 9-313. Forms for returns. The Secretary of the State shall transmit to the town clerk of each town, before each state election, blank forms for the returns required by this chapter, and such returns shall be made out, certified and directed according to such forms. The Secretary of the State shall cause to be printed in the several blanks, for the use of moderators and counters, such names of candidates for the several offices to be voted for as are certified to him by the chairmen of the state committees of the several political organizations in the state.
(1949 Rev., S. 1083; 1953, S. 791d.)
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Sec. 9-314. Return of preliminary and duplicate lists of votes by moderator; exceptions for certain elections held in 2020 and 2021. (a) As used in this subsection, “moderator” means the moderator of each state election in each town not divided into voting districts and the head moderator in each town divided into voting districts. The moderator shall make a preliminary list of the votes given for each of the following officers: Presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative in Congress, state senator, judge of probate, state representative and registrars of voters when said officers are to be chosen, as reported solely by the tabulator, as provided in section 9-309, in the moderator's town and shall immediately transmit such preliminary list to the Secretary of the State not later than midnight on election day. Once the preliminary list has been transmitted to the Secretary of the State, the moderator shall make a duplicate list of the votes given in the moderator's town for each of the following officers: Presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative in Congress, state senator, judge of probate, state representative and registrars of voters when said officers are to be chosen. Such duplicate list shall indicate the total number of names on the official check list of such town and the total number of names checked as having voted. The moderator shall transmit such duplicate list to the Secretary of the State by electronic means as prescribed by the Secretary of the State not later than forty-eight hours after the close of the polls on election day. The moderator shall also seal and deliver one of such duplicate lists to the Secretary of the State not later than the third day after the election. Any such moderator who fails to so transmit or deliver such duplicate list to the Secretary of the State by the time required shall pay a late filing fee of fifty dollars. The moderator shall also deliver one of such duplicate lists to the clerk of such town. The Secretary of the State shall enter the returns in tabular form in books kept by the Secretary for that purpose and present a printed report of the same, with the name of, and the total number of votes received by, each of the candidates for said offices, to the General Assembly at its next session.
(b) As used in this subsection, “moderator” means the moderator of each municipal election in each town not divided into voting districts, and the head moderator in each town divided into voting districts. The moderator shall make a preliminary list of the votes given for each municipal office elected at such municipal election, as reported solely by the tabulator, as provided in section 9-309, in the moderator's town and shall immediately transmit such preliminary list to the Secretary of the State not later than midnight on election day. Once the preliminary list has been transmitted to the Secretary of the State, the moderator shall make a duplicate list of the votes given in the moderator's town for each municipal office elected at such municipal election. Such duplicate list shall indicate the total number of names on the official check list of such town and the total number of names checked as having voted and shall be on a form prescribed by the Secretary of the State. The moderator shall transmit such duplicate list to the Secretary of the State by electronic means as prescribed by the Secretary of the State not later than forty-eight hours after the close of the polls on election day. The moderator shall also seal and deliver one of such duplicate lists to the Secretary of the State not later than the third day after the election. Any such moderator who fails to so transmit or deliver such duplicate list to the Secretary of the State by the time required shall pay a late filing fee of fifty dollars. The moderator shall also deliver one of such duplicate lists to the clerk of such town.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, for the state election in 2020, and any election held on or after June 23, 2021, but prior to November 3, 2021, (1) the duplicate list required under said subsections to be transmitted by electronic means to the Secretary by such moderator shall be so transmitted not later than ninety-six hours after the close of the polls on such election day, and (2) the duplicate list required under said subsections to be sealed and delivered to the Secretary shall be so delivered not later than the fifth day after such election.
(1949 Rev., S. 1080, 1081; 1953, S. 792d; 1963, P.A. 311, S. 2; April, 1964, P.A. 2, S. 4; 1971, P.A. 542, S. 3; 836, S. 4; P.A. 77-196, S. 2; P.A. 85-577, S. 7; P.A. 88-89; P.A. 93-384, S. 3; P.A. 95-171, S. 10, 14; P.A. 00-99, S. 30, 154; P.A. 03-112, S. 1; P.A. 15-224, S. 26; P.A. 16-14, S. 1; July Sp. Sess. P.A. 20-3, S. 14; June Sp. Sess. P.A. 21-2, S. 142.)
History: 1963 act reduced the number of lists of votes to be sent to secretary from two to one; 1964 act deleted representative-at-large; 1971 acts deleted provision for mailing of list and substituted immediate hand delivery to the secretary of the state or to the state police who are required to deliver it by hand to the secretary of the state before four o'clock p.m. the day following the election, changed provision for delivery of list to the town clerk “within two days” to “on or before the day after the election”, changed “moderator of first voting district” to “head moderator” and deleted “unless otherwise provided by law”; P.A. 77-196 added registrars of voters to the other offices on the list and added new Subsec. (b) providing for a report from moderator of municipal election on each contested office; P.A. 85-577 changed time frame of delivery, imposed $50 fee for late filing and required immediate transmittal of the vote for each office contested at such election; P.A. 88-89 amended Subsec. (b) to require results of municipal elections to be delivered to secretary of the state in same manner and time as provided under Subsec. (a), instead of being transmitted forthwith; P.A. 93-384 substituted “official check list” for “registry list” and amended Subsec. (b) to require moderator or head moderator to “forthwith transmit” instead of “deliver” voting results to secretary; P.A. 95-171 amended Subsec. (a) to conditionally authorize transmitting list by facsimile machine, effective October 1, 1995, and applicable to elections held on or after that date; P.A. 00-99 deleted reference to sheriff in Subsec. (a), effective December 1, 2000; P.A. 03-112 amended Subsec. (a) by defining “moderator”, authorizing moderator to transmit list of votes by “other electronic means” and making conforming and technical changes, and amended Subsec. (b) by defining “moderator”, requiring moderator to transmit list of votes by “facsimile machine or other electronic means”, adding procedure for delivering list by hand, adding penalty for any moderator failing to deliver list by time required and making conforming changes, effective June 18, 2003; P.A. 15-224 amended Subsec. (a) to require that moderator make out preliminary list of votes, transmit such preliminary list to Secretary of the State by midnight on election day, make out duplicate list after transmission of preliminary list and transmit, within 48 hours of close of polls, duplicate list of votes to Secretary of the State by electronic means, to delete provision re use of state police for delivery of sealed duplicate list and to delete requirement that moderator deliver duplicate list to town clerk on or before day after election, and amended Subsec. (b) to require that moderator transmit, within 48 hours of close of polls, result of vote for each contested office to Secretary of the State by electronic means and to delete provision re use of state police for delivery of sealed list, effective July 7, 2015; P.A. 16-14 amended Subsec. (b) to add provisions re moderator to make and transmit preliminary list of votes and make and transmit duplicate list, and to replace provision re statement to include in return with provision re moderator to deliver duplicate list to town clerk, and made technical and conforming changes, effective May 6, 2016; July Sp. Sess. P.A. 20-3 added Subsec. (c) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to add provisions re certain elections held prior to November 3, 2021, effective June 23, 2021.
Statute may require more complete returns than does constitution. 61 C. 287. Cited. 116 C. 40.
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Sec. 9-315. Canvass for presidential electors, U.S. senator and members of Congress. The votes returned as cast for a senator in Congress, representatives in Congress and presidential electors shall be publicly counted by the Treasurer, Secretary of the State and Comptroller on the last Wednesday of the month in which they were cast, and such votes shall be counted in conformity to any decision rendered by the judges of the Supreme Court as provided in section 9-323. In accordance with the count so made, they shall, on said day, declare what persons are elected senators in the Congress of the United States or representatives in Congress, and the Secretary of the State shall forthwith notify them by mail of their election; and they shall declare the proper number of persons having the greatest number of votes to be presidential electors and, in case of an equal vote for said electors, shall determine by lot from the persons having such equal number of votes the persons appointed, and the Secretary of the State shall forthwith notify them by mail of their appointment.
(1949 Rev., S. 1112; 1953, S. 793d; P.A. 85-577, S. 8.)
History: P.A. 85-577 required that candidates for U.S. Senate and House of Representatives be notified by mail immediately of their election and abolished requirement that names of persons appointed as presidential electors be published in two Hartford newspapers.
Cited. 231 C. 602.
Cited. 16 CS 36.
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Sec. 9-316. Canvass in vacancy election of U.S. senator or representative. The Treasurer, Secretary of the State and Comptroller shall, within thirty days after a vacancy election for a senator in Congress or representative in Congress, subject to the provisions of section 9-323, publicly count the votes returned, and declare what person is elected, and the Secretary of the State shall forthwith notify him by mail of his election. The Secretary of the State shall enter the returns in tabular form in books kept by him for that purpose and present a copy of the same, with the name of, and the total number of votes received by, each of the candidates for said office, to the Governor within ten days thereafter.
(1949 Rev., S. 1111; 1953, S. 794d; P.A. 85-577, S. 9.)
History: P.A. 85-577 amended section to require notification to candidates by mail, required secretary of the state to enter returns in tabular form in books and to send a copy of the same, with the name of, and the total number of votes received by, each candidate to the governor within ten days thereafter, where previously original returns and canvass were submitted to governor.
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Sec. 9-317. Certification of election of U.S. senator. When any senator in Congress has been elected, the Governor shall certify his election under the seal of the state to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of the State.
(1949 Rev., S. 101; 1953, S. 795d.)
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Sec. 9-318. Canvass of votes for state officers. The votes for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller and Attorney General shall be canvassed by the persons authorized to receive and count the same, within thirty days next after they were cast, unless a complaint under the provisions of section 9-324 is pending, in which case such canvass shall not be made until after the third Monday of December next after they were cast. In making such canvass, the votes upon the returns made by presiding officers shall be counted in conformity to the decision of the judge of the Superior Court or of the Supreme Court, as the case may be, and such canvass shall be in conformity to such decision, and a fair list of such votes made to conform to the original returns of the presiding officers, as corrected or affected by the finding or decision of such judge, with the original returns of the presiding officers and certified copies of the decision of such judge, shall, on the first day of the session, be laid before the General Assembly, which shall declare who are elected to said offices respectively.
(1949 Rev., S. 1108; 1953, S. 796d.)
Compared with Secs. 9-310 and 9-311. 16 CS 37.
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Sec. 9-319. Canvass of votes for state senators and representatives and judges of probate. The votes for state senators, state representatives and judges of probate, as returned by the moderators, shall be canvassed, during the month in which they are cast, by the Treasurer, Secretary of the State and Comptroller, and they shall declare, except in case of a tie vote, who is elected senator in each senatorial district, representative in each assembly district and judge of probate in each probate district. The Secretary of the State shall, within three days after such declaration, give notice by mail to each person chosen state senator, state representative or judge of probate of his election.
(1949 Rev., S. 1087; 1953, S. 797d; 1967, P.A. 557, S. 6; P.A. 00-99, S. 31, 154.)
History: 1967 act provided for application of section to state senators and state representatives; P.A. 00-99 deleted references to sheriff, effective December 1, 2000.
Trial court lacked jurisdiction over plaintiff's claims and therefore it similarly lacked jurisdiction to enjoin state defendants from canvassing the votes and declaring a winner of the election, even temporarily. 331 C. 436.
Cited. 16 CS 36.
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Sec. 9-320. Returns of municipal elections by clerks. Elected town clerk who is registrar of vital statistics ex officio. (a) The clerk of each municipality shall, within ten days after the municipal election, return to the Secretary of the State a statement of the name, post-office address and term of each person elected to office in such election. If an elected town clerk is registrar of vital statistics, ex officio, such return shall so indicate. Each municipal clerk neglecting to make such return shall be fined not more than twenty-five dollars.
(b) The Secretary of the State shall keep a record of the names of the registrars of vital statistics and town clerks so returned. The secretary may certify that the persons named in such record are the registrars of vital statistics or the town clerks, as the case may be, of their respective towns for the period for which they were respectively elected.
(1949 Rev., S. 523; 1953, S. 798d; P.A. 88-45, S. 1.)
History: P.A. 88-45 designated existing section as Subsec. (a), amended Subsec. (a) to require return to indicate when elected town clerk is registrar of vital statistics, ex officio, and added Subsec. (b) re record and certification of registrars of vital statistics and town clerks.
When town clerk's duty under former section mandatory. 18 CS 73.
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Secs. 9-320a to 9-320e. Reserved for future use.
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Sec. 9-320f. Manual or electronic audit of votes by registrar of voters or town clerk. Offices subject to audit. University of Connecticut analysis. Discrepancy recanvass. Voting tabulator failure to record votes. Secretary of the State investigation and report. Regulations. Definitions. (a) Not earlier than the fifteenth day after any election or primary and not later than two business days before the canvass of votes by the Secretary of the State, Treasurer and Comptroller, for any federal or state election or primary, or by the town clerk for any municipal election or primary, the registrars of voters shall conduct a manual audit or, for an election or primary held on or after January 1, 2016, an electronic audit authorized under section 9-320g of the votes recorded in not less than five per cent of the voting districts in the state, district or municipality, whichever is applicable. For the purposes of this section, any central location used in a municipality for the counting of absentee ballots shall be deemed a voting district. Such manual or electronic audit shall be noticed in advance and be open to public observation. Any election official who participates in the administration and conduct of an audit pursuant to this section shall be compensated by the municipality at the standard rate of pay established by such municipality for elections or primaries, as the case may be.
(b) The voting districts subject to an audit described in subsection (a) of this section shall be selected in a random drawing by the Secretary of the State and such selection process shall be open to the public. The offices subject to an audit pursuant to this section shall be, (1) in the case of an election where the office of presidential elector is on the ballot, all offices required to be audited by federal law, plus one additional office selected in a random drawing by the Secretary of the State, but in no case less than three offices, (2) in the case of an election where the office of Governor is on the ballot, all offices required to be audited by federal law, plus one additional office selected in a random drawing by the Secretary of the State, but in no case less than three offices, (3) in the case of a municipal election, three offices or twenty per cent of the number of offices on the ballot, whichever is greater, selected at random by the municipal clerk, and (4) in the case of a primary election, all offices required to be audited by federal law, plus one additional office, if any, but in no event less than twenty per cent of the offices on the ballot, selected in a random drawing by the municipal clerk.
(c) If a selected voting district has an office that is subject to recanvass or an election or primary contest pursuant to the general statutes, the Secretary shall select an alternative district, pursuant to the process described in subsection (b) of this section.
(d) The manual or electronic audit described in subsection (a) of this section shall consist of the manual or electronic tabulation of the paper ballots cast and counted by each voting tabulator subject to such audit. Once complete, the vote totals established pursuant to such manual or electronic tabulation shall be compared to the results reported by the voting tabulator on the day of the election or primary. The results of such manual or electronic tabulation shall be reported on a form prescribed by the Secretary of the State which shall include the total number of ballots counted, the total votes received by each candidate in question, the total votes received by each candidate in question on ballots that were properly completed by each voter and the total votes received by each candidate in question on ballots that were not properly completed by each voter. Such report shall be filed with the Secretary of the State who shall immediately forward such report to The University of Connecticut for analysis. The University of Connecticut shall file a written report with the Secretary of the State regarding such analysis that describes any discrepancies identified. After receipt of such report, the Secretary of the State shall file such report with the State Elections Enforcement Commission.
(e) For the purposes of this section, a ballot that has not been properly completed will be deemed to be a ballot on which (1) votes have been marked by the voter outside the vote targets, (2) votes have been marked by the voter using a manual marking device that cannot be read by the voting tabulator, or (3) in the judgment of the registrars of voters, the voter marked the ballot in such a manner that the voting tabulator may not have read the marks as votes cast.
(f) Notwithstanding the provisions of section 9-311, the Secretary of the State shall order a discrepancy recanvass of the returns of an election or primary for any office if a discrepancy, as defined in subsection (o) of this section, exists where the margin of victory in the race for such office is less than the amount of the discrepancy multiplied by the total number of voting districts where such race appeared on the ballot, provided in a year in which the Secretary of the State is a candidate for an office on the ballot and that office is subject to an audit as provided by this section, the State Elections Enforcement Commission shall order a discrepancy recanvass if a discrepancy, as defined by subsection (o) of this section, has occurred that could affect the outcome of the election or primary for such office.
(g) If The University of Connecticut report described in subsection (d) of this section indicates that a voting tabulator failed to record votes accurately and in the manner provided by the general statutes, the Secretary of the State shall require that the voting tabulator be examined and recertified by the Secretary of the State, or the Secretary's designee. Nothing in this subsection shall be construed to prohibit the Secretary of the State from requiring that a voting tabulator be examined and recertified.
(h) The audit report filed pursuant to subsection (d) of this section 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 or for any other cause of action arising from such election or primary.
(i) If the audit officials are unable to reconcile the manual or electronic count from an audit described in subsection (a) of this section with the electronic vote tabulation and discrepancies from the election or primary, the Secretary of the State shall conduct such further investigation of the voting tabulator malfunction as may be necessary for the purpose of reviewing whether or not to decertify the voting tabulator or tabulators in question or to order the voting tabulator to be examined and recertified pursuant to subsection (g) of this section. Any report produced by the Secretary of the State as a result of such investigation shall be filed with the State Elections Enforcement Commission and the commission may initiate such further investigation in accordance with subdivision (1) of subsection (a) of section 9-7b as may be required to determine if any violations of the general statutes concerning election law have been committed.
(j) The individual paper ballots used at an election or primary shall be carefully preserved and returned in their designated receptacle in accordance with the requirements of section 9-266 or 9-310, whichever is applicable.
(k) Nothing in this section shall be construed to preclude any candidate or elector from seeking additional remedies pursuant to chapter 149.
(l) After an election or primary, any voting tabulator 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, the Secretary of the State or the State Elections Enforcement Commission. Either the court or the Secretary of the State may order an audit of such voting tabulator to be conducted by such persons as the court or the Secretary of the State may designate, provided the State Elections Enforcement Commission may order such an audit under the circumstances prescribed in subsection (f) of this section. If the machine utilized in such election or primary is an optical scan voting system, such order to lock such machine shall include the tabulator, memory card and all other components and processes utilized in the programming of such machine.
(m) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, as may be necessary for the conduct of the manual or electronic tabulation of the paper ballots described in subsection (a) of this section and to establish guidelines for expanded audits when there are differences between the manual or electronic counts from the audit described in subsection (a) of this section and tabulator counts from the election or primary.
(n) Notwithstanding any provision of the general statutes, the Secretary of the State shall have access to the code in any voting machine whenever any problem is discovered as a result of an audit described in subsection (a) of this section.
(o) As used in this section, “discrepancy” means any difference in vote totals between tabulator counts from an election or primary and manual or electronic counts from an audit described in subsection (a) of this section in a voting district that exceeds one-half of one per cent of the lesser amount of the vote totals between such tabulator counts and such manual or electronic counts where such differences cannot be resolved through an accounting of ballots that were not marked properly in accordance with subsection (e) of this section, “state election” means “state election”, as defined in section 9-1, “municipal election” means a municipal election held pursuant to section 9-164, “manual” means by hand and without the assistance of electronic equipment and “electronic” means through the use of equipment described in section 9-320g.
(P.A. 07-194, S. 1; P.A. 11-20, S. 35; P.A. 15-224, S. 29; P.A. 16-76, S. 1; June Sp. Sess. P.A. 21-2, S. 107.)
History: P.A. 07-194 effective July 5, 2007; P.A. 11-20 replaced “machine” with “tabulator” throughout, replaced “machine or machines” with “tabulator or tabulators” in Subsec. (i) and deleted reference to Sec. 9-302 in Subsec. (j), effective May 24, 2011; P.A. 15-224 amended Subsec. (a) to provide for electronic audit for elections or primaries held on or after January 1, 2016, amended Subsecs. (b), (d), (i) and (m) to make conforming and technical changes and amended Subsec. (o) to define “manual” and “electronic” and to make conforming and technical changes, effective July 7, 2015; P.A. 16-76 amended Subsec. (a) to replace “ten per cent” with “five per cent”, effective July 1, 2016; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to add provision re central absentee ballot counting locations, effective June 23, 2021.
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Sec. 9-320g. Authorization of electronic equipment by Secretary of the State for conduct of an audit. Notwithstanding any provision of this title, the Secretary of the State, in consultation and coordination with The University of Connecticut, may authorize the use of electronic equipment for the purpose of conducting any audit required pursuant to section 9-320f for any primary or general election held on or after January 1, 2016, provided (1) the Secretary of the State prescribes specifications for (A) the testing, set-up and operation of such equipment, and (B) the training of election officials in the use of such equipment; and (2) the Secretary of the State and The University of Connecticut agree that such equipment is sufficient in quantity to accommodate the total number of audits to be conducted. Nothing in this section shall preclude any candidate or elector from seeking additional remedies pursuant to chapter 149 as a result of any information revealed by such process.
(P.A. 15-224, S. 28.)
History: P.A. 15-224 effective July 7, 2015.
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Sec. 9-321. Return by moderator of election of town clerk and registrar of vital statistics. Section 9-321 is repealed.
(1949 Rev., S. 522; 1953, S. 799d; P.A. 88-45, S. 3.)
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Sec. 9-322. Failure of moderator to make returns. Each moderator of an election who neglects to make any return required by law shall be fined twenty dollars.
(1949 Rev., S. 526; 1953, S. 257d.)
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Sec. 9-322a. Correction of errors in returns. Clerk to file listing of returns. Certification of lists. Exception for certain regular elections held in 2020 and 2021. (a)(1) Not later than forty-eight hours following each regular election, the registrars of voters shall provide the results of the votes cast at such election to the town clerk. Not later than nine o'clock a.m. on the third day following each regular election, the head moderator, registrars of voters and town clerk for each town divided into voting districts shall meet to identify any error in the returns. Not later than one o'clock p.m. on the third day following each regular election, the head moderator shall correct any error identified and file an amended return with the Secretary of the State, the town clerk and the registrars of voters.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, for the state election in 2020, and any regular election held on or after June 23, 2021, but prior to November 3, 2021, (A) the results of the votes cast at such election required under said subdivision to be provided to the town clerk by the registrars of voters shall be so provided not later than ninety-six hours following such election, (B) the meeting to identify any error in the returns required under said subdivision among the head moderator, registrars of voters and town clerk for each town divided into voting districts shall occur not later than nine o'clock a.m. on the fifth day following such election, and (C) any identified error required under said subdivision to be corrected, and any amended return required under said subdivision to be filed with the Secretary of the State, the town clerk and the registrars of voters, by the head moderator shall be so corrected or filed, as applicable, not later than one o'clock p.m. on the fifth day following such election.
(b) Not later than twenty-one days following each regular state election, the town clerk of each town divided into voting districts shall file with the Secretary of the State a consolidated listing, in tabular format, as prescribed by the Secretary of the State, of the official returns of each such voting district for all offices voted on at such election, including the total number of votes cast for each candidate, the total number of names on the registry list, and the total number of names checked as having voted, in each such district. The town clerk of such town shall certify that he or she has examined the lists transmitted under this section to determine whether there are any discrepancies between the total number of votes cast for a candidate at such election in such town, including for any recanvass conducted pursuant to section 9-311 or 9-311a, and the sum of the votes cast for the same candidate in all voting districts in such town. In the case of any such discrepancy, the town clerk shall notify the head moderator and certify that such discrepancy has been rectified. Each listing filed under this section shall be retained by the Secretary of the State not less than ten years after the date of the election for which it was filed.
(P.A. 82-426, S. 13, 14; Sept. Sp. Sess. P.A. 09-7, S. 115; P.A. 13-296, S. 1; P.A. 15-224, S. 27; P.A. 16-14, S. 3; July Sp. Sess. P.A. 20-3, S. 15; June Sp. Sess. P.A. 21-2, S. 143.)
History: Sept. Sp. Sess. P.A. 09-7 reduced amount of time that town clerks must submit election returns showing district results from within 60 to not later than 21 days following election, provided that results shall be presented in format prescribed by Secretary, and required town clerks to certify that they have examined lists to determine whether discrepancies exist and further certify that any such discrepancy has been rectified, effective October 5, 2009; P.A. 13-296 designated existing provisions as Subsec. (b) and added Subsec. (a) re correction of errors in returns, effective January 1, 2014; P.A. 15-224 amended Subsec. (a) to require registrars of voters to provide election results to town clerk not later than 48 hours following regular state election, to require registrars of voters, town clerk and head moderator to meet and identify errors in election returns not later than 9 a.m. on third day following regular state election and to require head moderator to correct identified errors and file amended return with Secretary of the State and registrars of voters not later than 1 p.m. on third day following regular state election, effective July 7, 2015; P.A. 16-14 amended Subsec. (a) to replace “regular state election” with “regular election” and to add reference to town clerk in provision re persons to whom head moderator is to file amended return, effective May 6, 2016; July Sp. Sess. P.A. 20-3 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re state election in 2020, effective July 31, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(2) to add provisions re certain regular elections held prior to November 3, 2021, effective June 23, 2021.
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Sec. 9-322b. Candidate elected to two or more offices in a municipality and prohibited from holding more than one office. Determination of officeholder. Notwithstanding the provisions of this title, if a candidate is elected to two or more offices in a municipality at the same election and is prohibited by any provision of the general statutes, a charter or an ordinance from holding more than one such office, the candidate shall notify the registrars of voters and the municipal clerk of the office to which the candidate declines election, and the candidate for such office who receives the next highest number of votes at such election shall be deemed to have been elected to such office.
(P.A. 05-235, S. 31.)
History: P.A. 05-235 effective July 1, 2005.
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