Connecticut Statutes § 9-140c (Formerly Sec. 9-147). List of applicants returning ballots to clerk. Sorting of ballots and checking of names on registry list; rejection of ballot if name not on list. Times for delivery of ballots by clerk to registrars. Preservation of secrecy. Counting of ballots by counters upon receipt from registrars. Late ballots retained by clerk
Statute Text
(a)
(1)
The municipal clerk shall retain the envelopes containing absentee ballots received by him under section
9-140b
,
and shall not open such envelopes. The municipal clerk shall endorse over his signature, upon each outer envelope as he receives it,
(A)
the date and precise time of its receipt
, and (B) the method of its receipt, in accordance with the provisions of subdivision (2) of this subsection
. The clerk shall make an affidavit attesting to the accuracy of all such endorsements, and at the close of the polls shall deliver such affidavit to the head moderator, who shall endorse the time of its receipt and return it to the clerk after all counting is complete. The clerk shall preserve the affidavit for one hundred eighty days in accordance with the requirements of section
9-150b
. The clerk shall keep a list of the names of the applicants who return absentee ballots to the clerk under section
9-140b
. The list shall be preserved as a public record as required by section
9-150b
.
(2)
The municipal clerk shall record on the outer envelope of each absentee ballot returned under section
9-140b
, whether such ballot was (A) sent by the United States Postal Service or any commercial carrier, courier or messenger service, (B) deposited in a secure drop box, in which case the location of such drop box shall also be so recorded, (C) returned in person by an elector, or (D) returned in person by the designee or immediate family member of an elector. As soon as reasonably practicable after the close of the polls at an election or primary, the municipal clerk shall submit to the Secretary of the State a report detailing the total count of all absentee ballots returned for such election or primary, broken down by each method described in subparagraphs (A) to (D), inclusive, of this subdivision.
(b)
(1)
Beginning not earlier than the seventh day before the election, primary or referendum and on any weekday thereafter, all absentee ballots received by the municipal clerk at or prior to eleven o'clock a.m. of such day may be sorted into voting districts by the municipal clerk and checked as provided in this subsection. On any such day, beginning as soon as the ballots have been sorted, the registrars of voters, without opening the outer envelopes, may check the names of the applicants returning ballots on the official checklist to be used at the election, primary or referendum by indicating "absentee" or "A" preceding each such name and, if unaffiliated electors are authorized under section
9-431
to vote in the primary of either of two parties, the designation of the party in which the applicants are voting preceding each such name. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section
9-147a
, the registrars shall also place such indication on a duplicate checklist to be retained by the municipal clerk until the municipal clerk delivers such duplicate checklist to the registrars, in accordance with subsection (e) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.
(2)
All absentee ballots received at or prior to eleven o'clock a.m. of the last day before the election, primary or referendum which is not a Sunday or legal holiday, shall be sorted into voting districts by the municipal clerk and checked as provided in subdivision (1) of this subsection not later than such last day.
(c)
If the name of the applicant returning the ballot is not on the official checklist for any polling place in such municipality, the registrars shall endorse on the face of such outer envelope the word "rejected", followed by a statement of the reasons for rejection, and the outer envelope shall not be opened or the ballot counted.
(d)
After such checking has been completed on any such day, the municipal clerk shall seal the unopened ballots in a package and retain them in a safe place.
(e)
(1)
Except as provided in subdivision (2) of this subsection, ballots received at or prior to eleven o'clock a.m. on the last day before the election, primary or referendum shall be delivered by the municipal clerk to the registrars between ten o'clock a.m. and twelve o'clock noon on the day of the election or primary and at twelve o'clock noon on the day of a referendum. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section
9-147a
, the municipal clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.
(2)
The municipal clerk may deliver the ballots at a time that is later than the time provided in subdivision (1) of this subsection, provided such time is mutually agreed upon by the municipal clerk and registrars and is not later than eight o'clock p.m. on the day of the election, primary or referendum.
(f)
Absentee ballots timely received by the clerk after eleven o'clock a.m. of such last day before an election, primary or referendum shall be sorted into voting districts by the clerk and retained by the clerk separately until delivered to the registrars of voters for checking.
(g)
Any or all of such ballots received after eleven o'clock a.m. of such last day before an election, primary or referendum and before six o'clock p.m. on the day of the election, primary or referendum shall, upon request of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m. on the day of the election, primary or referendum for checking, or at a later time mutually agreed upon by the clerk and registrars, provided such time is not later than eight o'clock p.m. on the day of the election, primary or referendum.
(h)
Absentee ballots received after six o'clock p.m. on the day of the election, primary or referendum and any ballots received prior to six o'clock p.m. of such day which were not delivered earlier shall be delivered to the registrars at the close of the polls for checking. Although absentee ballots shall be checked by the registrars of voters at various times throughout the election, primary or referendum day, absentee ballots may be counted at one single time during such day.
(i)
(1)
Except as otherwise provided in this subsection, the absentee ballot counters, upon receipt of the ballots delivered by the municipal clerk to the registrars at six o'clock p.m. on the day of the election, primary or referendum and at the close of the polls pursuant to subsections (g) and (h) of this section, shall check the names of the applicants returning ballots on the duplicate checklist in the same manner as provided in subsections (b) and (c) of this section.
(2)
(A)
Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be called in to the appropriate polling places where they shall be checked by the checkers on the official checklists, and they shall also be checked by the absentee ballot counters on the duplicate checklist required under subsection (b) of this section.
(B)
Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section
9-147a
, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be checked by the absentee ballot counters and checkers at such polling place on the official checklist used at such polling place.
(3)
(A)
Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at the close of the polls shall be checked by the absentee ballot counters on the official checklists used at the polling places and such official checklists, bearing the certifications required by section
9-307
, shall be delivered by the registrars or assistant registrars to the central counting moderator for that purpose.
(B)
Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section
9-147a
, the official checklist used at such polling place shall remain in such polling place for checking by the absentee ballot counters at such polling place.
(4)
If the name of an applicant returning a ballot has been checked on the official checklist as having voted in person the absentee ballot counters shall, in checking the ballots, endorse on the face of the outer envelope the word "rejected" followed by a statement of the reason for rejection, and the outer envelope shall not be opened or the ballot counted.
(5)
(A)
Except as provided in subparagraph (B) of this subdivision, when central counting is completed and the result is announced, the central counting moderator shall deliver the duplicate checklist, the official checklists and the returns required by section
9-150b
, to the head moderator.
(B)
Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section
9-147a
, and such counting is completed and the result for such polling place is announced, the moderator for such polling place shall deliver the official checklist used at such polling place and the return required by section
9-150b
to the head moderator.
(j)
Each time absentee ballots are delivered by the clerk to the registrars pursuant to this section, the clerk and registrars shall execute an affidavit of delivery and receipt stating the number of ballots delivered. The clerk shall preserve the affidavit for the period prescribed in section
9-150b
.
(k)
The absentee ballot counters shall count, in the manner provided in section
9-150a
, each group of absentee ballots upon receipt from the registrars.
(l)
The municipal clerk shall retain all outer envelopes containing absentee ballots received by him after the close of the polls, unopened, for the period prescribed in section
9-150b
.
Source
(1949 Rev., S. 1143; 1953, S. 634d; 1963, P.A. 43; 1967, P.A. 831, S. 3; 1972, P.A. 196, S. 15; P.A. 75-125, S. 2, 3; 75-300, S. 5, 9; P.A. 77-187, S. 1, 9; 77-245, S. 2; P.A. 78-75, S. 1, 3; 78-153, S. 21, 32; P.A. 79-363, S. 16, 38; P.A. 81-424, S. 1; P.A. 84-319, S. 17, 49; P.A. 85-592, S. 3; P.A. 86-179, S. 14, 53; P.A. 87-382, S. 10, 55; 87-509, S. 23, 24; 87-532, S. 5, 10;
P.A.
95-171
,
S.
11
,
14
;
P.A.
96-119
,
S.
3
,
14
;
P.A.
11-173
,
S.
10
;
June 12 Sp. Sess.
P.A.
12-2
,
S.
48
;
P.A.
13-295
,
S.
1
;
P.A.
18-124
,
S.
3
-5.)
History
Amended by
P.A.
24-0148
,
S.
2
of the
Amended by
P.A.
23-0022
,
S.
17
of the
Amended by
P.A.
21-0002
,
S.
131
of the
Amended by
P.A.
20-0004
,
S.
2
of the
Amended by
P.A.
20-0003
,
S.
6
of the
Amended by
P.A.
18-0124
,
S.
5
of the
Amended by
P.A.
18-0124
,
S.
4
of the
Amended by
P.A.
18-0124
,
S.
3
of the
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