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Connecticut Statutes § 9-163aa Early in-person voting. Early voting period. Designation of location. Procedures. Secure storage of ballots. Exception re town committee primaries

⤴ Up to Chapter 145: Absentee Voting

Statute Text

(a)
(1)
(A) Any eligible elector may vote prior to the day of a regular election, in accordance with the provisions of this section, during a period of early voting at each regular election held on or after April 1, 2024.
(B) The period of early voting under subparagraph (A) of this subdivision shall (i) notwithstanding the provisions of section 9-2 , commence on the fifteenth day prior to and conclude on the second day prior to such regular election, and (ii) consist of such days between and inclusive of such commencement and conclusion, except any legal holiday designated, appointed or recommended under section 1-4 , and at such times as provided in subdivision (1) of subsection (c) of section 9-174 .
(2)
(A) Subject to the provisions of subdivision (4) of this subsection, any eligible elector may vote prior to the day of a primary, other than a presidential preference primary, in accordance with the provisions of this section, during a period of early voting at each primary, other than a presidential preference primary, held on or after April 1, 2024.
(B) The period of early voting under subparagraph (A) of this subdivision shall (i) notwithstanding the provisions of section 9-2 , commence on the eighth day prior to and conclude on the second day prior to such primary, other than a presidential preference primary, and (ii) consist of such days between and inclusive of such commencement and conclusion, except any legal holiday designated, appointed or recommended under section 1-4 , and at such times as provided in subdivision (1) of subsection (c) of section 9-174 .
(3)
(A) Any eligible elector may vote prior to the day of a special election, in accordance with the provisions of this section, during a period of early voting at each special election held on or after April 1, 2024.
(B) Subject to the provisions of subdivision (4) of this subsection, any eligible elector may vote prior to the day of a presidential preference primary, in accordance with the provisions of this section, during a period of early voting at each presidential preference primary held on or after April 1, 2024.
(C) The period of early voting under subparagraph (A) or (B) of this subdivision shall (i) notwithstanding the provisions of section 9-2 , commence on the fifth day prior to and conclude on the second day prior to such special election or such presidential preference primary, except that such commencing and concluding days shall be adjusted to exclude from such period March 31, 2024, and any legal holiday designated, appointed or recommended under section 1-4 , and (ii) consist of four total days between and inclusive of such commencement and conclusion, as may be adjusted pursuant to subparagraph (C)(i), and at such times as provided in subdivision (2) of subsection (c) of section 9-174 .
(4)
(A) Notwithstanding the provisions of sections 9-19e , 9-23a , 9-26 , 9-31a , 9-55 , 9-56 and 9-57 :
(i) In the case of an unaffiliated elector who wishes to vote during the period of early voting at a primary, such elector shall be eligible to so vote if such elector's application for enrollment with the political party holding such primary is filed with the registrars of voters by twelve o'clock noon on the business day immediately preceding the day on which such period of early voting commences.
(ii) In the case of a person who is not admitted as an elector and who wishes to vote during the period of early voting at a primary, such person shall be eligible to so vote if such person's application for admission as an elector and enrollment with the political party holding such primary is filed with the registrars of voters by twelve o'clock noon on the business day immediately preceding the day during such period of early voting on which such person offers to vote at such primary.
(B) Nothing in this section shall be construed to prevent an individual who enrolls in a political party during a period of early voting at a primary from voting by absentee ballot, if eligible, or in person on the day of such primary.
(b)
(1) The registrars of voters of each municipality shall designate a location for the conduct of early voting, which location shall be the same for the duration of the period of early voting except as otherwise specified in this subdivision, provided (A) the registrars of voters have access to the state-wide centralized voter registration system from such location, and (B) such location is certified in writing to the Secretary of the State not later than [ one hundred twenty ] sixty days prior to the day of [ a regular election or a primary, other than a presidential preference primary, or not later than twenty days prior to the day of a special election or a presidential preference ] an election or a primary. The written certification under subparagraph (B) of this subdivision shall provide (i) the name, street address and relevant contact information associated with such location, (ii) the number of election or primary officials to be appointed by the registrars of voters to serve at such location and the roles of such officials, and (iii) a description of the design of such location and a plan for effective conduct of such early voting. The Secretary shall approve or disapprove such written certification not later than [ ninety ] forty-five days prior to the day of [ a regular election or a primary, other than a presidential preference primary, or not later than fifteen days prior to the day of a special election or a presidential preference ] an election or a primary. If the Secretary disapproves such certification, the Secretary shall provide, in writing, the reasons for such disapproval and shall issue an order for such corrective action as the Secretary deems necessary, including, but not limited to, the appointment of additional election or primary officials or the alteration of such design or plan. After having received approval of such certification or having complied with any order for corrective action to the Secretary's satisfaction, as applicable, the registrars of voters shall determine the site of such location designated for the conduct of early voting at least thirty-one days prior to [ a regular election or a primary, other than a presidential preference primary, or at least eleven days prior to a special election or a presidential preference ] an election or a primary. Such location shall not be changed within such period, except, if the municipal clerk and registrars of voters unanimously find that such location has been rendered unusable within such period, such clerk and registrars shall forthwith designate another location for the conduct of early voting to be used in place of the location so rendered unusable and shall give adequate notice that such location has been so changed. The provisions of sections 9-168d and 9-168e shall apply to such location designated for the conduct of early voting.
(2) In any municipality with a population of at least twenty thousand, the legislative body may hold a public hearing on whether to designate any additional location in such municipality for the conduct of early voting, which public hearing, if any, shall be held not later than fifteen days prior to the time for designating any such location set forth in subdivision (1) of this subsection. Any legislative body holding such a public hearing shall properly notice such public hearing not later than ten days prior to such public hearing in a newspaper having general circulation in such municipality and on the Internet web site of the municipality. For any such municipality in which such a public hearing was not held, the legislative body thereof shall determine whether to designate any such additional location and shall notify the Secretary of the State with a detailed explanation for such determination. For any municipality in which such a public hearing was held, not later than three days after the conclusion of such public hearing, the legislative body thereof shall determine whether to designate any such additional location and shall notify the Secretary with a detailed explanation for such determination. If the legislative body determines that any such additional location be designated, the registrars of voters shall so designate such additional location and the provisions of subdivision (1) of this subsection shall apply to such additional location. The Secretary shall take no action on any detailed explanation submitted under this subdivision with regard to the number of additional locations designated in such a municipality, and shall preserve each such detailed explanation as a public record open to public inspection. For the purposes of this subdivision, "population" means the estimated number of people according to the most recent version of the State Register and Manual prepared pursuant to section 3-90 .
(3) At each location designated for the conduct of early voting, the registrars of voters shall provide to prospective electors during the early voting period the opportunity to apply for same-day election registration, in accordance with the procedures set forth in section 9-19j , for such application and for the completion and processing of any such application.
(4)
(A) The registrars of voters shall appoint, for each day on which early voting is conducted, a moderator and such other election or primary officials to serve at each location designated for such conduct. The moderator so appointed shall perform any duty required, and may exercise any power authorized, under this title related to the conduct of early voting at such location. On any such day and solely for purposes related to the conduct of early voting, the registrars of voters of a municipality may, upon agreement, appoint one of the registrars from such municipality as moderator in accordance with the provisions of subparagraph (B) of this subdivision. The registrars of voters may delegate to each other election or primary official so appointed any of the responsibilities assigned to the registrars of voters. The registrars of voters shall supervise each such official and train each such official to be an early voting election or primary official.
(B) Whenever the registrars of voters of a municipality appoint, pursuant to subparagraph (A) of this subdivision, one of the registrars of such municipality as moderator to serve at a location designated for the conduct of early voting, such registrars of voters shall jointly submit to the Secretary of the State (i) a certification that the registrars of voters of such municipality are in agreement as to such appointment, and (ii) a written plan detailing alternative coverage of the duties normally carried out by the registrar so appointed to ensure that such registrar abstains, on each day in which such registrar serves as moderator, from any such duties that conflict with those of the moderator.
(c) Any elector who wishes to vote during a period of early voting at an election or primary, and is eligible to so vote at such election or primary, shall (1) appear in person at such times as provided in subsection (c) of section 9-174 , at the location designated by the registrars of voters for early voting, (2) identify such elector as required by subsection (a) of section 9-261 , and (3) declare under oath that such elector has not previously voted in such election or primary, as provided in subsection (e) of this section.
(d) If the registrars of voters determine that an elector is eligible to vote in the election or primary, the registrars of voters shall check the state-wide centralized voter registration system before allowing such elector to cast an early voting ballot as provided in subsection (e) of this section.
(1) If the registrars of voters determine that the elector has not already voted, or if there is no report that the elector has already voted, the registrars shall allow such elector to vote.
(2) If the registrars of voters believe that the elector may have already voted, such matter shall be reviewed by the registrars of voters. After completion of such review, if a resolution of the matter cannot be made and such elector claims to have neither in fact voted nor offered to vote in person or by absentee ballot, such elector may request a challenged ballot in accordance with section 9-232d and may cast such challenged ballot in accordance with section 9-232e . Such matter shall be reported to the State Elections Enforcement Commission, which shall conduct an investigation of the matter. The provisions of section 9-232f shall apply to any challenged ballot cast under this subdivision.
(e) If the elector is allowed to vote, the registrars of voters shall provide such elector with an early voting ballot and early voting envelope and shall make a record of such issuance. The elector shall complete an affirmation printed upon the back of the early voting envelope and shall declare under oath that the voter has not previously voted in the election or primary. The affirmation shall be in the form substantially as follows and signed by the voter:
AFFIRMATION: I, the undersigned, do hereby state, under penalty of false statement (perjury), that:
1. I am the elector appearing in person to vote at an election or primary prior to the day of such election or primary.
2. I am eligible to vote in the election or primary indicated for today.
3. I have identified myself to the satisfaction of the registrars of voters.
4. I have not voted in person or by absentee ballot and I will not vote otherwise than by this ballot at this election or primary.
5. I have received an early voting ballot for the purpose of so voting.
.... (Signature of voter)
(f) The elector shall forthwith mark the early voting ballot in the presence of the registrars of voters in such a manner that the registrars of voters shall not know how the early voting ballot is marked. The elector shall place the early voting ballot in the early voting ballot envelope provided and deposit such envelope in a secured early voting ballot depository receptacle. At the conclusion of each day during the early voting period, the registrars of voters shall transport such receptacle containing such day's early voting ballots to the municipal clerk, who shall retain and securely store such ballots in as near a manner as possible to that for the retention and secure storage of absentee ballots, as provided in subsection (g) of this section, except that, if such manner is not practicable, then such early voting ballots shall be retained and securely stored as provided in an alternate plan submitted by the registrars of voters to the Secretary of the State and approved by the Secretary. On the day of the election or primary, the early voting ballots shall be delivered to the registrars of voters for the purpose of counting such ballots. A section of the head moderator's return shall show the number of early voting ballots received from electors. The registrars of voters shall seal a copy of the vote tally for early voting ballots in a depository envelope with the early voting ballots and store such early voting depository envelope with the other election or primary results materials. The early voting depository envelope shall be preserved by the registrars of voters for the period of time required to preserve counted ballots for elections or primaries.
(g) Except as provided in section 9-163bb , the provisions of this title and any regulation adopted under this title concerning procedures relating to the custody, control and counting of absentee ballots shall apply, as nearly as possible, to the custody, control and counting of early voting ballots under this section.
(h)
(1) No person shall solicit on behalf of or in opposition to any candidate or on behalf of or in opposition to any question being submitted at the election or primary, or loiter or peddle or offer any advertising matter, ballot or circular to another person within a radius of seventy-five feet of any outside entrance in use as an entry to any building that contains any location designated by the registrars of voters for early voting or in any corridor, passageway or other approach leading from any such outside entrance to any such location or in any room opening upon any such corridor, passageway or approach.
(2) Except as provided in subdivision (3) of this subsection, no person shall be allowed within any location designated by the registrars of voters for early voting for any purpose other than casting such person's vote, except (A) primary officials under section 9-436 , (B) election officials under section 9-258 , including (i) a municipal clerk or registrar of voters, who is a candidate for the same office, and (ii) a deputy registrar of voters, who is a candidate for the office of registrar of voters, performing such official's duties, and (C) unofficial checkers under section 9-235 .
[ (2) ] (3) A person, including any candidate or any campaign or party employee or volunteer, may be within [ such ] the seventy-five-foot radius [ of seventy-five feet ] described in subdivision (1) of this subsection (A) only for purposes related to the performance of such person's official duties or to the conduct of government business within such radius, (B) only for as long as necessary to perform such duties or conduct such business, and (C) provided such person is not engaged in any conduct described in subdivision (1) of this subsection.
(i) The provisions of subsections (a) to (h), inclusive, of this section shall not apply to any primary held for the purpose of choosing town committee members.

History

Amended by P.A. 24-0148 , S. 12 of the Connecticut Acts of the 2024 Regular Session , eff. 7/1/2024 .

Amended by P.A. 24-0148 , S. 26 of the Connecticut Acts of the 2024 Regular Session , eff. 6/6/2024 .

Amended by P.A. 24-0148 , S. 25 of the Connecticut Acts of the 2024 Regular Session , eff. 6/6/2024 .

Amended by P.A. 23-0204 , S. 176 of the Connecticut Acts of the 2023 Regular Session , eff. 12/1/2023 .

Amended by P.A. 23-0204 , S. 182 of the Connecticut Acts of the 2023 Regular Session , eff. 12/1/2023 .

Added by P.A. 23-0005 , S. 1 of the Connecticut Acts of the 2023 Regular Session , eff. 7/1/2023 .

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