Bill Text: CT HB05599 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Provisional Ballots For State And Municipal Offices.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-16 - Senate Calendar Number 598 [HB05599 Detail]
Download: Connecticut-2013-HB05599-Comm_Sub.html
General Assembly |
Raised Bill No. 5599 | ||
January Session, 2013 |
LCO No. 1692 | ||
*_____HB05599APP___042313____* | |||
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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Introduced by: |
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(GAE) |
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AN ACT CONCERNING PROVISIONAL BALLOTS FOR STATE AND MUNICIPAL OFFICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-232c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The moderator shall keep an accurate memorandum of the challenge which shall include (1) the name of the challenged voter; (2) [his] the challenged voter's registry list address; (3) the reason for the challenge; (4) the name and address of the challenger; (5) pertinent facts concerning the challenge; and (6) the result of the moderator's decision. The challenged voter shall also sign such memorandum and it shall be assigned the same number as the [challenged] provisional ballot.
Sec. 2. Section 9-232j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The moderator of the election in each voting district shall appear at the office of the [town clerk] registrars of voters not later than eight o'clock p.m. of the day before an election [for federal office] or a primary. At such time, the [town clerk] registrars of voters shall provide a provisional ballot packet to such moderator or moderators. Each packet shall include: (1) The appropriate number of provisional ballots, [for federal office provided by the Secretary of the State,] which shall be equal to not less than one per cent of the number of electors who are eligible to vote in the voting district served by the moderator, or such other number as the [municipal clerk and the] registrars of voters agree is sufficient to protect electors' voting rights, (2) the appropriate number of serially-numbered envelopes prescribed by the Secretary, (3) a provisional ballot inventory form, (4) a provisional ballot depository envelope, and (5) other necessary forms prescribed by the Secretary.
Sec. 3. Section 9-232k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Secretary of the State shall prescribe [and provide to town clerks] the provisional ballot which shall be [a] the regular ballot of candidates. [for federal office.] The Secretary may prescribe that the provisional ballot be the [overseas] ballot prepared under section [9-158i] 9-135b.
Sec. 4. Section 9-232l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) An individual may apply for and be issued a provisional ballot if (1) the individual appears at the polling place and declares that such individual is an elector in the town in which the individual desires to vote and that the individual is eligible to vote in the primary or election [for federal office] in the polling place, but the name of the individual does not appear on the official registry list for such polling place, and (2) the registrars determine that such name cannot be restored under section 9-42 or transferred from another polling place under section 9-35.
(b) If the moderator decides that an elector, whose name appears on the registry list and who has been challenged pursuant to [sections] section 9-232, [to 9-232f, inclusive,] is not eligible to vote in the primary or election, [for federal office,] such elector may apply for and cast a provisional ballot upon the execution of a written affirmation by the elector at the polling place affirming that the elector is qualified to vote in the election or primary [for federal office] in the polling place and has neither offered himself or herself to vote nor voted in person or by absentee ballot at said election or primary [for federal office] at the polling place.
(c) If a poll worker denies an individual the opportunity to cast a ballot for any reason for which a provisional ballot may be issued, a registrar of voters or a designee of a registrar of voters shall offer such individual a provisional ballot.
[(c)] (d) Such application for provisional ballot shall be prescribed by the Secretary of the State, executed before an election official and include a written affirmation, under penalty of false statement in absentee balloting pursuant to section 9-359a, which shall be in the form substantially as follows:
AFFIRMATION: I, the undersigned, do hereby state, under penalties of false statement, that:
1. I am an elector in the town indicated.
2. I am eligible to vote in the election or primary indicated [for federal office] today in the town and polling place indicated.
3.a. My name does not appear on the official list of eligible voters for the polling place indicated, and the polling place officials called the registrars of voters and were told that my name did not appear on the active registry list for this town for at least one of the four years previous or on one of the preliminary active registry lists for this year; or
b. The moderator decided that I am not eligible to vote [for federal office] in the town indicated for the reason of disfranchisement, lack of identity, lack of bona fide residence or failure to present the prescribed identification required for new electors after January 1, 2003, indicated.
4. My residence address is located in the voting district that this polling place serves.
5. I have not voted and I will not vote otherwise than by this ballot in person or by absentee ballot at this election or primary. [for federal office.]
6. I apply for a provisional ballot. [for federal office.]
Sec. 5. Section 9-232n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Immediately after the close of the polls, the moderator shall seal the provisional ballot depository envelope and deliver such envelope to the registrars of voters of the town. The registrars of voters shall forthwith verify the information contained with each provisional ballot. If the registrars of voters determine that the applicant is eligible to vote, they shall note their decision on the outer envelope of the ballot and open and count the provisional ballot in accordance with the provisions of sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act, and procedures prescribed by the Secretary of the State. If the registrars of voters are unable to determine that the applicant is eligible to vote or determine that the applicant is not eligible to vote, the applicant's provisional ballot sealed envelope shall be marked "rejected", along with the reason for such rejection, and signed by the registrars of voters. The registrars of voters shall verify and count all provisional ballots in their town not later than six days after the election or primary. The registrars of voters shall forthwith prepare and sign in duplicate a report showing the number of provisional ballots received from electors, the number rejected and the number counted, and showing the additional votes counted for each candidate [for federal office] on the provisional ballots. The registrars of voters shall file one report with the town clerk and shall seal one in the depository envelope with the provisional ballots and file such depository envelope with the town clerk. The depository envelope shall be preserved by the town clerk for the period of time required to preserve counted absentee ballots. [for federal elections.] The head moderator shall forthwith file a corrected return [for federal offices] with the town clerk and the Secretary showing (1) the final votes after any recanvass, pursuant to sections 9-311 to 9-311b, inclusive, the votes on provisional ballots and the totals, and (2) the number of provisional ballots received from electors, the number rejected and the number counted, as reported by the registrars of voters.
Sec. 6. Subsection (e) of section 9-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) For use at elections [for federal office] and primaries, the Secretary of the State shall prescribe and the [municipal clerk] registrars of voters shall provide for all polling places in the municipality: (1) Instructions on how to cast a provisional ballot, (2) instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, (3) general information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and (4) general information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation.
Sec. 7. Subsections (d) and (e) of section 9-23r of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(d) If an individual described in subsection (a) of this section does not submit the identification described in subsection (a) of this section as part of the individual's application for admission as an elector, when the individual has entered the polling place in an election for federal office, the individual shall present: (1) A current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. If an individual does not meet the requirements of this subsection in an election for federal office, such individual may cast a provisional ballot prescribed under sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act. For purposes of this section, "election for federal office" means an election for electors of President and Vice President, a presidential preference primary, an election or primary for United States Senator and an election or primary for Representative in Congress.
(e) If an individual described in subsection (a) of this section does not submit the identification described in subsection (a) of this section as part of the individual's application for admission as an elector, and if the individual votes by absentee ballot in an election for federal office, the individual shall enclose in the outer absentee ballot envelope, and not in the inner envelope with the ballot: (1) A copy of a current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If an individual does not meet the requirements of this subsection in an election for federal office, such individual's absentee ballot shall be processed in accordance with the provisions of subdivision (2) of subsection (d) of section 9-150a, as amended by this act, and treated as a provisional ballot [for federal office only,] pursuant to sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act.
Sec. 8. Subsection (d) of section 9-150a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) (1) If the statement on the inner envelope has not been signed as required by section 9-140a, such inner envelope shall not be opened or the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked "Rejected" and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 9-23r and has not met the requirements of subsection (e) of section 9-23r, as amended by this act, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark "Rejected as an Absentee Ballot" and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot [for federal offices only,] pursuant to sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act.
Sec. 9. Subdivision (2) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, 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, 9-23r, as amended by this act, 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, 9-171, 9-172, [9-232i] 9-232j to 9-232o, inclusive, as amended by this act, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 155 or 157. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at 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, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation;
Sec. 10. Subdivision (2) of subsection (a) of section 9-7b of the general statutes, as amended by section 12 of public act 12-56, is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):
(2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g to 9-19k, inclusive, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, as amended by this act, 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, 9-171, 9-172, [9-232i] 9-232j to 9-232o, inclusive, as amended by this act, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 155 or 157. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at 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, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation.
Sec. 11. Section 9-232o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except as otherwise provided by the general statutes, section 9-23r, as amended by this act, and sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act, the provisions of the general statutes concerning procedures relating to counting absentee ballots shall apply as nearly as may be, in the manner prescribed by the Secretary of the State, to counting the provisional ballots under sections [9-232i] 9-232j to 9-232o, inclusive, as amended by this act.
Sec. 12. Sections 9-232d to 9-232f, inclusive, and section 9-232i of the general statutes are repealed. (Effective from passage)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
9-232c |
Sec. 2 |
from passage |
9-232j |
Sec. 3 |
from passage |
9-232k |
Sec. 4 |
from passage |
9-232l |
Sec. 5 |
from passage |
9-232n |
Sec. 6 |
from passage |
9-236b(e) |
Sec. 7 |
from passage |
9-23r(d) and (e) |
Sec. 8 |
from passage |
9-150a(d) |
Sec. 9 |
from passage |
9-7b(a)(2) |
Sec. 10 |
January 1, 2014 |
9-7b(a)(2) |
Sec. 11 |
from passage |
9-232o |
Sec. 12 |
from passage |
Repealer section |
GAE |
Joint Favorable |
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APP |
Joint Favorable |