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CHAPTER 145*
ABSENTEE VOTING
*Voting must be within the state and under local supervision. 30 C. 591. Cited. 231 C. 602, 640.
Table of Contents
Sec. 9-133f. Absentee voting procedures.
Sec. 9-134. Members of the armed forces; definitions.
Sec. 9-135. Absentee voting by civilians.
Sec. 9-135a. Form of absentee ballot.
Sec. 9-135b. Preparation and printing of absentee ballots; layouts for public inspection; filing of ballot and affidavit with secretary. Vacancies; procedure. Omissions or errors in printing.
Secs. 9-136 and 9-136a. Form of absentee ballot. Form for municipal election to fill partisan and nonpartisan offices.
Sec. 9-136b.
Sec. 9-137. Inner envelope for return of ballot; statement under false statement penalty.
Sec. 9-138.
Sec. 9-139. Outer envelope for return of ballot.
Sec. 9-139a. (Formerly Sec. 9-155). Secretary to furnish forms. Contents. Instructions.
Sec. 9-139b. (Formerly Sec. 9-157). Secretary authorized to change forms.
Sec. 9-139c. (Formerly Sec. 9-154). Clerk to account to secretary for forms.
Sec. 9-140. Application for and issuance of absentee ballot.
Sec. 9-140a. (Formerly Sec. 9-138). Signing of form. Insertion of ballot in envelopes.
Sec. 9-140b. (Formerly Sec. 9-146). Return of absentee ballots. Possession of ballots and envelopes restricted.
Sec. 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 for counting. Preservation of secrecy. Late ballots retained by clerk.
Sec. 9-140d. (Formerly Sec. 9-152). Validity of armed forces member's ballot after death.
Secs. 9-141 and 9-142.
Secs. 9-143 to 9-143b.
Secs. 9-144 and 9-145. Materials to be furnished to absentee ballot applicants. Marking of ballots
Sec. 9-146.
Sec. 9-146a.
Sec. 9-147.
Sec. 9-147a. Central counting of absentee ballots; designation of location by registrars of voters.
Sec. 9-147b.
Sec. 9-147c. Central counting of absentee ballots; appointment of counters and moderator. Count not to be disclosed prior to close of polls.
Sec. 9-147d. Central counting of absentee ballots timely received after 11 a.m. of day before election.
Sec. 9-148. Counting of absentee ballots; training of counters.
Secs. 9-149 and 9-150. Counting of ballots, procedure; ballot rejected if inner-envelope statement not executed; public may observe central counting; questions decided by moderator, intent of elector to govern, presumptions when intent not clear, invalid votes. Placing of ballots in depository envelopes; presentation of envelopes; declaration of count.
Sec. 9-150a. Counting procedures.
Sec. 9-150b. Duties of moderators and municipal clerks. Declaration of count.
Sec. 9-150c. Procedure for delivery of ballot in case of late-occurring illness, disability or hospitalization.
Sec. 9-150d. Use of voting machines to count absentee ballots.
Sec. 9-151. Voting in person after absentee ballot has been sent.
Sec. 9-151a.
Sec. 9-152.
Sec. 9-153. Clerk to preserve counters' notes, worksheets and other written materials and envelopes, applications and void and unused ballots.
Sec. 9-153a. (Formerly Sec. 9-141). Use of federal ballot application form.
Sec. 9-153b. (Formerly Sec. 9-142). Additional ballots.
Sec. 9-153c. (Formerly Sec. 9-136b). Procedure in case of omission or error in printing or issuing of ballot.
Sec. 9-153d. (Formerly Sec. 9-143). Mailing of ballots to persons living outside of United States, military personnel, spouses or dependents.
Sec. 9-153e. (Formerly Sec. 9-143a). Alternate application procedure for certain military personnel.
Sec. 9-153f. (Formerly Sec. 9-143b). Alternate application procedure and early ballot for electors residing or traveling outside United States and certain military personnel.
Sec. 9-154.
Sec. 9-155.
Sec. 9-156. Distribution and receipt of ballots by secretary.
Sec. 9-157.
Sec. 9-158. Eligibility to vote for presidential electors after removal from state.
Sec. 9-158a. Presidential and federal elections; overseas balloting. Definitions.
Sec. 9-158b. Eligibility for presidential or overseas ballot.
Sec. 9-158c. Application for ballot.
Sec. 9-158d. Application form.
Sec. 9-158e. Mailing or giving of presidential ballot to elector. Mailing overseas ballot to elector.
Sec. 9-158f. Envelope.
Sec. 9-158g. Return to town clerk.
Sec. 9-158h. List of applicants.
Sec. 9-158i. Secretary to prepare and distribute ballots and forms.
Sec. 9-158j. Notice to registrars.
Sec. 9-158k. Town clerk to maintain file of information from other states or towns.
Sec. 9-158l. False statements. Neglect of duty by public official.
Sec. 9-158m. Absentee voting law applicable.
Sec. 9-158n. Voting in person.
Secs. 9-159 to 9-159m. Ballots. Overseas ballots.
Sec. 9-159n.
Sec. 9-159o. (Formerly Sec. 9-151a). Voting in person after ballot has been sent.
Sec. 9-159p. (Formerly Sec. 9-232g). Challenge of absentee ballots.
Sec. 9-159q. (Formerly Sec. 9-159n). Supervised absentee voting by patients at institutions upon request of registrar, administrator. Procedure.
Sec. 9-159r. Mandatory supervised voting at institutions. Procedure.
Sec. 9-159s. Notice to conservators and guardians re residents' voting opportunities and voting registration. Optional notice to person with power of attorney.
Secs. 9-160 to 9-163j. Affidavit; envelopes. Application for absentee ballot. Procedure for voting. Notice to registrars of voters; delivery and counting of ballots. Voting by new residents in presidential elections.
The provisions of this chapter shall
govern procedures relating to absentee voting at elections. Except as otherwise provided
by statute, such provisions shall also apply, as nearly as practicable and in the manner
prescribed by the Secretary of the State, to procedures relating to absentee voting at
primaries and referenda.
(P.A. 86-179, S. 1, 53.)
The term "members of
the armed forces", wherever used in this chapter, means members in active service of
the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey,
Public Health Service and Merchant Marine of the United States, and all regular and
reserve components thereof. The term "members of the Merchant Marine of the United
States", wherever used in this chapter, means persons employed as officers or members
of crews of vessels documented under the laws of the United States, or of vessels owned
by the United States, or of vessels of foreign-flag registry under charter to or control of
the United States, and persons enrolled with the United States for employment, or for
training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not mean persons
so employed, or enrolled for such employment or for training for such employment, or
maintained for such emergency relief service, on the Great Lakes or the inland waterways. The term "United States", wherever used geographically in this chapter, includes
the territorial limits of the states of the United States and the District of Columbia.
(1953, 1955, S. 619d; P.A. 79-363, S. 10, 38; P.A. 86-179, S. 2, 53.)
History: P.A. 79-363 referred to elector's inability to appear at polling place rather than his absence from town; P.A.
86-179 deleted sentence authorizing absentee voting by elector unable to appear at polling place because of active service
with armed forces.
Any elector eligible to vote at a primary
or an election and any person eligible to vote at a referendum may vote by absentee
ballot if he is unable to appear at his polling place during the hours of voting for any of
the following reasons: (1) His active service with the armed forces of the United States;
(2) his absence from the town of his voting residence during all of the hours of voting;
(3) his illness; (4) his physical disability; (5) the tenets of his religion forbid secular
activity on the day of the primary, election or referendum; or (6) the required performance of his duties as a primary, election or referendum official at a polling place other
than his own during all of the hours of voting at such primary, election or referendum.
(1949 Rev., S. 1134; 1953, S. 622d; 1963, P.A. 93, S. 2; February, 1965, P.A. 74, S. 1; 1967, P.A. 678, S. 1; 831, S. 6;
1969, P.A. 2, S. 1; 69, S. 2; P.A. 75-595, S. 2, 5; P.A. 76-50, S. 2, 7; 76-435, S. 44, 82; P.A. 79-189, S. 5, 9; P.A. 81-238,
S. 2; 81-472, S. 119, 159; P.A. 83-254, S. 2, 4; P.A. 84-546, S. 19, 173; P.A. 86-179, S. 3, 53; P.A. 87-320, S. 1.)
History: 1963 act changed technical language of statute; 1965 act added to eligibility for absentee ballot where "tenets
of his religion forbid secular activity", effective January 1, 1966; 1967 acts added absence because of status as student at
institution of higher learning outside town of residence and also because of temporary abode outside town occasioned by
membership in a religious community, effective January 1, 1968, and following "any elector" deleted "not a member of
the armed forces"; 1969 acts added spouse to student at institution of higher learning, effective January 1, 1970 and added
provision for absentee voting for those who have continued their registration for a period one day short of six months
following their removal from the town, effective January 1, 1970; P.A. 75-595 gave authority to vote by absentee ballot
to those confined in correctional institutions outside the town whose privileges as electors have not been forfeited, effective
January 1, 1976; P.A. 76-50 rephrased provisions; P.A. 76-435 made technical changes; P.A. 79-189 deleted provision
for absentee voting of elector who has removed from the town; P.A. 81-238 eliminated reference to certain conditions
under which absence from town of voting residence during all of the hours of voting at a state, municipal or special election
entitled electors to vote by absentee ballot and granted such entitlement to electors on the basis of such absence for any
reason; P.A. 81-472 made technical changes; P.A. 83-254 authorized absentee voting by election official performing duties
at polling place other than his own; P.A. 84-546 made technical change; P.A. 86-179 added references to voting at primary
and referendum and added active service with armed forces as reason for voting by absentee ballot; P.A. 87-320 deleted
provision limiting applicability to only those referenda "for which absentee ballots are made available pursuant to section
9-369c".
See Sec. 9-14a re electors in custody of state.
Cited. 186 C. 125, 142—144, 146.
(a) Each absentee ballot shall be arranged
to resemble the appropriate ballot label and sample ballot label as prescribed by law,
and shall include, as applicable, the offices, party designations, names of candidates
and questions to be voted upon and spaces for write-in votes. A replica of the state seal
shall be printed on the ballot. The size, type, form, instructions, specifications for paper
and printing and other specifications shall be prescribed by the Secretary of the State.
The Secretary of the State shall provide a ballot facsimile to each municipal clerk for
use in preparing the ballot form.
(b) In municipalities in which some or all offices are to be voted upon without party
designation at an election, the clerk of the municipality shall prepare a suitably modified
absentee ballot which, upon approval by the Secretary of the State, shall be the form of
absentee ballot for the purposes of the election.
(c) In the case of a primary in a voting district in which unaffiliated electors are
authorized, under section 9-431, to vote for some but not all offices to be contested at
the primary, the clerk of the municipality shall so prepare and cause to be printed separate
and distinct partial absentee ballots for such unaffiliated electors, provided on each such
ballot, each candidate's position shall be the same as on the full absentee ballot for the
primary, pursuant to section 9-437, leaving blank columns where necessary.
(P.A. 75-310, S. 1, 11; P.A. 77-245, S. 15; P.A. 78-24; P.A. 79-363, S. 11, 38; P.A. 84-319, S. 11, 49; P.A. 86-179, S.
4, 53; P.A. 87-509, S. 6, 24.)
History: P.A. 77-245 changed "town" to "municipal" clerk where appearing; P.A. 78-24 changed requirement for filing
absentee ballot with secretary of the state to not later than thirty-five days, rather than twenty days, before election and
further provided for filing of any corrections or alterations thereto; P.A. 79-363 made technical changes; P.A. 84-319
eliminated the requirement that secretary provide blank ballot facsimiles to municipal clerks, i.e. "without names of parties,
candidates, offices and questions"; P.A. 86-179 deleted subsections requiring filing of absentee ballot forms and affidavits
with secretary of the state and public availability of layouts of sample absentee ballots and added provision re modified
absentee ballot for use in municipalities in which officers are voted upon without party designation; P.A. 87-509 added
Subsec. (c), requiring preparation of separate and distinct absentee ballots for unaffiliated electors in case of primary in
which unaffiliated electors authorized to vote for some but not all offices to be contested at primary.
Sec. 9-135b. Preparation and printing of absentee ballots; layouts for public
inspection; filing of ballot and affidavit with secretary. Vacancies; procedure.
Omissions or errors in printing. (a) Immediately after the deadline for certification
of all candidates whose names are to appear on the ballot label, and in sufficient time
to begin issuing absentee ballots on the day prescribed by law, the municipal clerk shall
prepare the absentee ballots and have them printed.
(b) A layout model of each different absentee ballot shall be available for public
inspection at the clerk's office prior to printing. The model shall indicate the type face
to be used, the spelling and placement of names and other information to be printed on
the ballots.
(c) Immediately upon receiving the printed absentee ballots, the municipal clerk
shall file one with the Secretary of the State or, if there are different ballots for different
political subdivisions, one ballot for each subdivision. The clerk shall also file his affidavit with the secretary, stating the number of ballots printed. The form of affidavit shall
be prescribed by the secretary. If any correction or alteration is subsequently made on
any absentee ballot the clerk shall immediately file a corrected or altered ballot and,
using the prescribed form, his affidavit stating the number of such ballots printed, with
the secretary.
(d) If a vacancy in candidacy occurs after the ballots have been printed, the clerk
may either reprint the ballots or cause blank or printed stickers, as the case may be, to
be affixed to them so that the name of any candidate who has vacated his candidacy is
deleted and the name of any candidate chosen to fill the vacancy as provided in section 9-
428 or section 9-460 appears in the same position as that in which the vacated candidacy
appeared except as provided in section 9-426 or 9-453s.
(e) The Secretary of the State shall examine each absentee ballot required to be filed
pursuant to this section and if a ballot contains an omission or error, the secretary shall
order the municipal clerk to reprint a corrected absentee ballot or to take such other
action as the secretary may deem appropriate.
(P.A. 75-310, S. 2, 11; P.A. 79-363, S. 12, 38; P.A. 86-179, S. 5, 53.)
History: P.A. 79-363 substituted municipal clerk for town clerk; P.A. 86-179 changed time limit for preparation and
printing of ballot by municipal clerk, added requirements that layout models of ballots be available for public inspection
and that ballots and affidavits be filed with the secretary of the state, changed reference to vacancy in nomination to vacancy
in candidacy, added new Subsec. re examination and correction of ballots and deleted provisions re votes cast for candidates
who have vacated their candidacies and counting of straight ticket votes.
Secs. 9-136 and 9-136a. Form of absentee ballot. Form for municipal election
to fill partisan and nonpartisan offices. Sections 9-136 and 9-136a are repealed.
(1949 Rev., S. 1140; 1953, S. 623d; 1957, P.A. 517, S. 1; 1961, P.A. 395, S. 1; 1963, P.A. 224, S. 1; 374, S. 1; 1971,
P.A. 631; P.A. 75-310, S. 10, 11; P.A. 86-179, S. 52, 53.)
Transferred to Sec. 9-153c.
Each absentee ballot shall be returned to the municipal clerk, inserted
in an inner envelope which shall be capable of being sealed and which shall have printed
on its face a form containing the following statements:
"I hereby state under the penalties of false statement in absentee balloting that I am
eligible to vote at the primary, election or referendum in the municipality in which this
absentee ballot is to be cast and that I expect to be unable to appear at my polling place
during the hours of voting at such primary, election or referendum for one or more of
the following reasons: (1) My active service in the armed forces; (2) my absence from
the town in which I am eligible to vote during all of the hours of voting; (3) my illness
or physical disability; (4) the tenets of my religion which forbid secular activity on the
day of the primary, election or referendum; or (5) my duties as a primary, election or
referendum official.
Date ....
.... (Signature)"
(1949 Rev., S. 1141; 1953, 1955, S. 624d; 1963, P.A. 42, S. 2; 93, S. 1; February, 1965, P.A. 74, S. 2; 1967, P.A. 678,
S. 2; 1969, P.A. 2, S. 2; 69, S. 3; 1971, P.A. 871, S. 69; P.A. 74-96, S. 2, 9; P.A. 75-595, S. 3, 5; P.A. 79-189, S. 6, 9; 79-
363, S. 13, 38; P.A. 82-247, S. 2, 14; P.A. 83-254, S. 3, 4; P.A. 86-179, S. 6, 53.)
History: 1963 acts changed the technical language of statement by elector and eliminated requirement inner envelope
be sealed by elector; 1965 act added to form "or because the tenets of any religion forbid secular activity on said election
day", effective January 1, 1966; 1967 act added status as student at institution of higher learning in another town in state
and also because of a temporary abode at town other than voting residence occasioned by membership in a religious
community, effective January 1, 1968; 1969 acts added spouse of and living with a student at institution of higher learning
located outside town of residence and added those removed from town but with continuance of registration under certain
circumstances, effective January 1, 1970; 1971 act changed penalties of "perjury" to "false statement"; P.A. 74-96 added
"in absentee balloting" after "false statement", effective January 1, 1975; P.A. 75-595 added confinement in correctional
facility provided privileges as an elector are not forfeited, effective January 1, 1976; P.A. 79-189 deleted those removed
from town but with continuance of registration; P.A. 79-363 changed wording of form; P.A. 82-247 changed absence from
state to absence from town of voting residence effective January 1, 1983 and deleted reasons for absence from town; P.A.
83-254 amended form to include reference to performance of duties of election official; P.A. 86-179 added references to
primaries and referenda, deleted requirement that municipal clerk inscribe name of town, city or borough on statement
signed by voter and made technical changes.
See Sec. 9-14a re electors in custody of state.
Cited. 231 C. 602, 641.
Cited. 28 CS 361.
Transferred to Sec. 9-140a.
The inner envelope, in which
the absentee ballot has been inserted by the absentee ballot applicant, shall be returned
to the municipal clerk in an outer envelope endorsed on the outside with the words:
"OFFICIAL ABSENTEE BALLOT". The outer envelope shall also contain (1) blank
spaces for the name and return address of the sender and spaces upon which the municipal
clerk, before issuance of the ballot and envelopes, shall insert the applicant's name,
voting residence by street and number, voting district, the date of the primary, election
or referendum at which the ballot is to be cast and, if the absentee ballot is to be cast at
a primary, the name of the party holding the primary and (2) a notice, sufficient to warn
any person handling the ballot, of the restrictions set forth in section 9-140b concerning
who may possess or return the ballot and the restrictions and penalties set forth in section
9-359 concerning the completion or execution of absentee ballots. The clerk shall also
inscribe his official address for the return of the ballot on the outer envelope prior to
issuance of the ballot and envelopes. All outer envelopes shall be serially numbered.
(1949 Rev., S. 1143; 1953, 1955, S. 626d; 1963, P.A. 42, S. 1; 207, S. 2; P.A. 86-179, S. 7, 53; P.A. 87-509, S. 7, 24;
P.A. 89-5, S. 1, 2.)
History: 1963 acts required municipal clerk to inscribe his return address on the outer envelope before issuance and
provided for insertion of the ballot in the inner envelope rather than sealing it in; P.A. 86-179 deleted provisions re specific
location of blank spaces to be filled in on envelope, made technical changes and added references to primaries and referenda;
P.A. 87-509 required outer envelope to contain blank space for name of party holding primary, if absentee ballot to be cast
at primary; P.A. 89-5 added Subdiv. (2), requiring outer envelope to contain warning notice.
Cited. 231 C. 602, 655, 656, 660.
(a) The Secretary of the State shall prescribe and furnish the following materials to municipal clerks: The absentee ballot facsimile, the application for absentee
ballot, the inner envelope, the outer envelope provided for the return of the ballot to the
municipal clerk, the instructions for the use of the absentee ballot and the envelope for
mailing of such forms by the clerk to the absentee ballot applicant.
(b) The application for absentee ballot shall be in the form of a statement signed
under the penalties of false statement in absentee balloting. Each application shall contain (1) spaces for the signature under the penalties of false statement in absentee balloting of any person who assists the applicant in the completion of an application together
with the information required in section 9-140, and (2) spaces for the signature and the
printed or typed name of the applicant.
(c) The instructions for the use of the absentee ballot shall be in plain language and
shall include the steps to be taken if a vote is to be cancelled or changed, and shall also
contain a simple and concise restatement of the provisions of subsection (l) of section
9-150a and section 9-159o concerning rejection of ballots marked in such manner as to
identify the voters casting them, and withdrawal of ballots by persons who find they
are able to vote at the polls.
(d) A sufficient supply of such instructions and envelopes shall be printed to supply
the number which the municipal clerk requests or the Secretary of the State deems
sufficient.
(1949 Rev., S. 1139; 1953, 1955, S. 642d; 1957, P.A. 517, S. 12; 1963, P.A. 42, S. 3; 214, S. 1; February, 1965, P.A.
59, S. 4; 574, S. 10; P.A. 75-310, S. 9, 11; P.A. 79-363, S. 22, 38; P.A. 84-319, S. 23, 49; P.A. 86-179, S. 8, 53; P.A. 87-
382, S. 8, 55; 87-532, S. 2, 10; P.A. 91-286, S. 1; P.A. 96-119, S. 2, 14.)
History: 1963 acts required inner envelope to be self-sealing and required the instructions to include a restatement of
Sec. 9-151; 1965 acts changed statement to be included in instructions to the effect that a list of candidates and questions
will be mailed as soon as available to those not receiving same with the absentee ballot, effective with respect to all elections
held on or after January 1, 1966 and deleted provision requiring that statements be sent to applicants in the armed forces
automatically but to others only upon their request; P.A. 75-310 deleted provision for the statement to be included in
instructions, effective January 1, 1976; P.A. 79-363 made technical changes; P.A. 84-319 eliminated requirement that
inner ballot envelope be "self-sealing"; P.A. 86-179 added subsection requiring that application be in form of a statement
to be signed under the penalties of false statement in absentee balloting, added requirement that instructions be in plain
language and include steps to be taken if vote is cancelled or changed; Sec. 9-155 transferred to Sec. 9-139a in 1987; P.A.
87-382, in Subsec. (c), substituted "(l)" for "(m)"; P.A. 87-532 amended Subsec. (b) to require application to contain spaces
for signature or stamp of clerk and signature and name of person obtaining application from clerk for another person,
statement that any such signature or stamp made under penalties of false statement in absentee balloting, and spaces for
signature and name of applicant; P.A. 91-286 deleted depository envelopes used in counting absentee ballots from list of
materials that secretary is required to furnish under Subsec. (a); P.A. 96-119 amended Subsec. (b) to delete provision
allowing an application to contain a stamp of the municipal clerk in lieu of a signature and to add language requiring an
application to contain the signature "of any person who assists the applicant in the completion of an application together
with the information required in section 9-140", effective May 24, 1996.
Subsec. (a):
Cited. 231 C. 602, 641.
The
Secretary of the State may make any changes in any forms prescribed by this chapter
which, in the opinion of said secretary, are necessary to conform to the applicable provisions of federal law.
(1949 Rev., S. 1154; 1953, S. 644d; P.A. 86-179, S. 9, 53.)
History: P.A. 86-179 replaced reference to Federal War Ballot Act with reference to applicable provisions of federal
law; Sec. 9-157 transferred to Sec. 9-139b in 1987.
Within ten days after an election or primary, the municipal clerk shall file with the
Secretary of the State a statement, on a form to be prescribed and provided by the
secretary, setting forth the number of absentee voting forms received from the secretary,
the number issued to applicants for absentee ballots and the number remaining unused,
and an explanation of any discrepancies. The statement shall also include such information concerning presidential and overseas ballot forms. The prescribed form may also
require such absentee voting information as is necessary to complete questionnaires
issued by the United States Department of Defense.
(1955, S. 641d; 1957, P.A. 517, S. 11; 1969, P.A. 8, S. 2; P.A. 76-295, S. 14, 18; P.A. 86-179, S. 10, 53.)
History: 1969 act deleted references to members of the armed forces and added reporting on "individuals qualified to
vote a presidential ballot under section 9-163b" in statement on absentee balloting; P.A. 76-295 added inclusion in statement
of report on "individuals qualified to vote an overseas ballot under section 9-159b"; P.A. 86-179 made technical changes;
Sec. 9-154 transferred to Sec. 9-139c in 1987.
(a) Application for
an absentee ballot shall be made to the clerk of the municipality in which the applicant
is eligible to vote or has applied for such eligibility. Any person who assists another
person in the completion of an application shall, in the space provided, sign the application and print or type his name, residence address and telephone number. Such signature
shall be made under the penalties of false statement in absentee balloting. The municipal
clerk shall not invalidate the application solely because it does not contain the name of
a person who assisted the applicant in the completion of the application. The municipal
clerk shall not distribute with an absentee ballot application any material which promotes
the success or defeat of any candidate or referendum question. The application shall be
signed by the applicant under the penalties of false statement in absentee balloting on
(1) the form prescribed by the Secretary of the State pursuant to section 9-139a, (2) a
form provided by any federal department or agency if applicable pursuant to section 9-
153a, or (3) any of the special forms of application prescribed pursuant to section 9-
150c, 9-153a, 9-153b, 9-153d, 9-153e, 9-153f or 9-158d, if applicable. Any such absentee ballot applicant who is unable to write may cause the application to be completed
by an authorized agent who shall, in the spaces provided for the date and signature,
write the date and name of the absentee ballot applicant followed by the word "by" and
his own signature. If the ballot is to be mailed to the applicant, the applicant shall list
the bona fide personal mailing address of the applicant in the appropriate space on the
application.
(b) A municipal clerk may transmit an application to a person under this subsection
by facsimile machine. If a municipal clerk has a facsimile machine, an applicant may
return a completed application to the clerk by such a machine, provided the applicant
shall also mail the original of the completed application to the clerk, either separately
or with the absentee ballot that is issued to the applicant. If the clerk does not receive
such original application by the close of the polls on the day of the election, primary or
referendum, the absentee ballot shall not be counted.
(c) The municipal clerk shall check the name of each absentee ballot applicant
against the last-completed registry list and any supplementary registry lists on file in
the municipal clerk's office. If the name of such applicant does not appear on any of such
lists, the clerk shall send such applicant a notice, in a form prescribed by the Secretary of
the State, to the effect that (1) the applicant's name did not appear on the list of electors
of the municipality at the time the application was processed, and (2) unless the applicant
is admitted or restored as an elector of the municipality by the applicable cutoff dates
an absentee ballot will not be mailed to him. Such notice shall not be so mailed if, prior
to the mailing of the notice, the registrars provide the clerk with reliable information
showing the absentee ballot applicant to be an elector of the municipality.
(d) An absentee voting set shall consist of an absentee ballot, inner and outer envelopes for its return, instructions for its use, and if applicable, explanatory texts concerning ballot questions, as provided for in sections 2-30a and 9-369b. No other material
shall be included with an absentee voting set issued to an applicant except as provided
in sections 9-153e and 9-153f or where necessary to correct an error or omission as
provided in section 9-153c.
(e) Upon receipt of an application, the municipal clerk shall, unless a notice is mailed
to the applicant pursuant to subsection (c) of this section, write the serial number of the
outer envelope included in the absentee voting set to be issued to the applicant in the
space provided for that purpose on the application form. Sets shall be issued to applicants
in consecutive ascending numerical order of the envelope serial numbers, and the clerk
shall keep a list of the numbers indicating beside each number the name of the applicant
to whom that set was issued. The list shall be preserved as a public record as required
by section 9-150b.
(f) Absentee voting sets shall be issued beginning on the thirty-first day before an
election and the twenty-first day before a primary or, if such day is a Saturday, Sunday
or legal holiday, beginning on the next preceding business day.
(g) On the first day of issuance of absentee voting sets the municipal clerk shall
mail an absentee voting set to each applicant whose application was received by the
clerk prior to that day. When the clerk receives an application during the time period
in which absentee voting sets are to be issued he shall mail an absentee voting set to
the applicant, within twenty-four hours, unless the applicant submits his application in
person at the office of the clerk and asks to be given his absentee voting set immediately,
in which case the clerk shall comply with the request. Any absentee voting set to be
mailed to an applicant shall be mailed to the bona fide personal mailing address shown
on the application. Issuance of absentee voting sets shall also be subject to the provisions
of subsection (c) of this section, section 9-150c and section 9-159q concerning persons
designated to deliver or return ballots in cases involving unforeseen illness or disability
and supervised voting at certain health care institutions.
(h) No absentee ballot shall be issued on the day of an election or primary, or after
the opening of the polls on the day of a referendum, except in cases involving unforeseen
illness or disability or presidential or overseas ballots as provided in section 9-150c and
sections 9-158a to 9-158m, inclusive.
(i) The municipal clerk shall file executed applications in alphabetical order according to the applicants' surnames. Such applications shall be preserved as a public
record as required by section 9-150b.
(j) No person shall pay or give any compensation to another and no person shall
accept any compensation solely for (1) distributing absentee ballot applications obtained
from a municipal clerk or the Secretary of the State or (2) assisting any person in the
execution of an absentee ballot.
(1949 Rev., S. 1135; 1953, 1955, S. 627d; 1957, P.A. 517, S. 2; 1959, P.A. 54; 1963, P.A. 139; 207, S. 1; February,
1965, P.A. 59, S. 1; 158, S. 1; 1967, P.A. 176, S. 3; 1971, P.A. 871, S. 71; P.A. 74-96, S. 4, 9; 74-141, S. 1, 2; P.A. 75-
310, S. 5, 11; P.A. 76-50, S. 4, 7; P.A. 78-153, S. 2, 32; P.A. 79-363, S. 15, 38; P.A. 84-319, S. 13, 49; P.A. 85-514, S. 1;
85-577, S. 5; 85-592, S. 1; P.A. 86-179, S. 11, 53; P.A. 87-382, S. 9, 55; 87-532, S. 3, 10; P.A. 89-297, S. 3, 10, 11, 18;
P.A. 93-384, S. 26, 28; P.A. 95-177, S. 1, 7; P.A. 97-154, S. 11, 27.)
History: 1959 act required applicant to give his bona fide personal mailing address to which ballot was to be sent; 1963
acts allowed application to be made at any time but reduced earliest time for giving or mailing ballot to applicant from
two months to forty-five days and authorized mailing of ballot to applicant at his request; 1965 acts deleted box on
application form where applicant could request list, added provision, in case of armed forces members, not more than
ninety days before election date, for ballot to be furnished, also provided if application received more than ninety days
before election date, ballot to be mailed on ninetieth day and further provided list of all applicants be open to public
inspection for period beginning ninety days before election, in lieu of forty-five, effective for elections held after January
1, 1966; 1967 act added provision for procedure to cover spouse or dependent of armed forces member, if living where
member is stationed, to be covered by the ninety-day provision, effective for elections held after January 1, 1968; 1971
act substituted "false statement" for "perjury"; P.A. 74-96 added "in absentee balloting" following "false statement",
effective January 1, 1975; P.A. 74-141 in addition to list to be maintained of all applicants for absentee ballots provided
for including the voting address, bona fide mailing address and reason given for requesting absentee ballot; P.A. 75-310
deleted reference to ninety days in case of members of armed forces, their spouses and dependents; further changed reference
to "forty-five" days to "thirty", further changed period for list open to public inspection to start thirty days before election,
effective January 1, 1976; P.A. 76-50 made technical changes; P.A. 78-153 provided absentee ballots to be made available
by a municipality thirty days before an election, spelled out procedure to be followed by clerk, specifying a twenty-four-
hour period following receipt of application during which action to be taken, further provided executed applications to be
kept on hand for sixty days after election, in lieu of six months; P.A. 79-363 deleted provision for maintaining a list as
public record and provided for the applications themselves to constitute the public record with destruction authorized after
sixty days; P.A. 84-319 amended section to allow applicant to designate person to deliver ballot to him or return it to clerk;
P.A. 85-514 divided section into Subsecs. and amended Subsec. (a) to prohibit giving or accepting compensation for
distributing absentee ballot applications or for assisting persons in the execution of such ballots; P.A. 85-577 changed time
frame from thirty days before an election to the thirty-first day before an election or the next preceding business weekday,
required notices to electors whose names are not on registry lists that unless the applicant is an elector by applicable cutoff
dates, an absentee ballot will not be mailed, and provided that such notices are not mailed if registrar provided clerk with
reliable information that absentee ballot applicant is elector of the municipality; P.A. 85-592 added new Subsec. which
allowed electors to return application by U.S. postal service, commercial carrier, courier or messenger services; P.A. 86-
179 made technical changes, added requirement that applicants list bona fide personal mailing address on application,
prohibited issuance of ballot on day of election or during voting hours on day of special election primary or referendum
and added prohibition of compensation for distributing applications or assisting in execution of ballot; P.A. 87-382, in
Subsec. (d), added references to Secs. 9-153e and 9-153f; P.A. 87-532 amended Subsec. (a) to require clerk to maintain
log of absentee ballot applications and to sign or stamp each application provided, under penalties of false statement in
absentee balloting, and to require any person obtaining application from a clerk for use of another person to sign and type
his name, under same penalties; P.A. 89-297 amended Subsec. (a) by allowing person obtaining application from municipal
clerk for use of another person to affix his signature stamp instead of signing the application and by adding prohibition on
clerk distributing campaign material with application, substituted "twenty-first" for "nineteenth" in Subsec. (f) and amended
Subsec. (h) to prohibit an absentee ballot from being issued on day of "an election or primary", instead of on day of "a
regular election", or after opening of polls on day of "a referendum" instead of "a special election, primary or referendum";
P.A. 93-384 amended Subsec. (a) to authorize fax transmissions for sending and returning applications, effective January
1, 1994; P.A. 95-177 amended Subsec. (a) by deleting provisions re log of absentee ballot applications and signature stamp,
changing identification requirement from person obtaining application for use of another person to person assisting with
completion of application, adding requirement of assistant's address and telephone number, provision re not invalidating
application lacking name of assistant, and Subdiv. indicators, moving provision re applicant's mailing address from Subsec.
(b) to (a), and making provision re facsimile machine Subsec. (b), and amended Subsecs. (e) and (i) by deleting explanation
of time period set in Sec. 9-150b, effective January 1, 1996; P.A. 97-154 deleted provisions that forms prescribed by
Secretary of the State be provided by the secretary, effective July 1, 1997.
See Sec. 9-153e re alternate application procedure for certain military personnel.
Defendant's application for absentee ballot from residence in Connecticut did not make that address his "place of abode"
for service of process when he was living in and employed in England. 28 CS 359.
Subsec. (a):
Cited. 231 C. 602, 641.
Subsec. (d):
Cited. 231 C. 602, 641.
Each absentee ballot applicant shall sign the form on the inner envelope provided
for in section 9-137, which shall constitute a statement under the penalties of false
statement in absentee balloting. Any absentee ballot applicant who is unable to write
may cause his name to be signed on the form by an authorized agent who shall, in the
space provided for the signature, write the name of the applicant followed by the word
"by" and his own signature. The failure of the applicant or authorized agent to date the
form shall not invalidate the ballot. The ballot shall be inserted in the inner envelope,
and the inner envelope shall be inserted in the outer envelope, prior to the return of the
ballot to the municipal clerk.
(1955, S. 625d; 1971, P.A. 871, S. 70; P.A. 74-96, S. 3, 9; P.A. 78-79, S. 3, 4; P.A. 79-363, S. 14, 38; P.A. 86-179, S.
12, 53.)
History: 1971 act changed penalties of "perjury" to "false statement"; P.A. 74-96 added "in absentee balloting", effective
January 1, 1975; P.A. 78-79 removed provisions for dating where appearing and further added that failure of applicant or
agent to date form would not invalidate the application; P.A. 79-363 substituted "ballot" for "application"; P.A. 86-179
amended section to allow agent to sign form on envelope for applicant who is unable to write for any reason; Sec. 9-138
transferred to Sec. 9-140a in 1987.
Cited. 231 C. 602, 642, 647, 663.
Sec. 9-140b. (Formerly Sec. 9-146). Return of absentee ballots. Possession of
ballots and envelopes restricted. (a) An absentee ballot shall be cast at a primary,
election or referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a designee
of a person who applies for an absentee ballot because of illness or physical disability
or (C) a member of the immediate family of an applicant who is a student, so that it is
received by the clerk of the municipality in which the applicant is qualified to vote not
later than the close of the polls; (2) it is returned by the applicant in person to the clerk
by the day before a regular election, special election or primary or prior to the opening
of the polls on the day of a referendum; (3) it is returned by a designee of an ill or
physically disabled ballot applicant, in person, to said clerk not later than the close of
the polls on the day of the election, primary or referendum; (4) it is returned by a member
of the immediate family of the absentee voter, in person, to said clerk not later than the
close of the polls on the day of the election, primary or referendum; or (5) in the case
of a presidential or overseas ballot, it is mailed or otherwise returned pursuant to the
provisions of section 9-158g. A person returning an absentee ballot to the municipal
clerk pursuant to subdivision (3) or (4) of this subsection shall present identification
and, on the outer envelope of the absentee ballot, sign his name in the presence of the
municipal clerk, and indicate his address, his relationship to the voter or his position,
and the date and time of such return. As used in this section, "immediate family" means
a dependent relative who resides in the individual's household or any spouse, child or
parent of the individual.
(b) As used in this section and section 9-150c, "designee" means (1) a person who
is caring for the applicant because of the applicant's illness or physical disability, including but not limited to, a licensed physician or a registered or practical nurse, (2) a member
of the applicant's family, who is designated by an absentee ballot applicant and who
consents to such designation, or (3) if no such person consents or is available, then a
police officer, registrar of voters, deputy registrar of voters or assistant registrar of voters
in the municipality in which the applicant resides.
(c) For purposes of this section "mailed" means sent by the United States Postal
Service or any commercial carrier, courier or messenger service recognized and approved by the Secretary of the State.
(d) No person shall have in his possession any official absentee ballot or ballot
envelope for use at any primary, election or referendum except the applicant to whom
it was issued, the Secretary of the State or his or her authorized agents, any official
printer of absentee ballot forms and his designated carriers, the United States Postal
Service, any other carrier, courier or messenger service recognized and approved by the
Secretary of the State, any person authorized by a municipal clerk to receive and process
official absentee ballot forms on behalf of the municipal clerk, any authorized primary,
election or referendum official or any other person authorized by any provision of the
general statutes to possess a ballot or ballot envelope.
(e) No (1) candidate or (2) agent of a candidate, political party or committee, as
defined in section 9-333a, shall knowingly be present when an absentee ballot applicant
executes an absentee ballot, except (A) when the candidate or agent is (i) a member of
the immediate family of the applicant or (ii) authorized by law to be present or (B) when
the absentee ballot is executed in the office of the municipal clerk and the municipal
clerk or an employee of the municipal clerk is a candidate or agent.
(1949 Rev., S. 1143; 1953, S. 633d; 1972, P.A. 196, S. 14; P.A. 73-472, S. 1, 2; P.A. 74-312, S. 1, 2; P.A. 75-125, S.
1, 3; P.A. 76-295, S. 17, 18; P.A. 77-245, S. 1; P.A. 79-340; P.A. 81-424, S. 4; P.A. 82-288, S. 1, 2; P.A. 83-324, S. 1, 2;
P.A. 84-319, S. 15, 49; P.A. 85-592, S. 2; 85-613, S. 90, 154; P.A. 86-179, S. 13, 53; P.A. 87-532, S. 4, 10; P.A. 88-162,
S. 3, 4; P.A. 89-297, S. 4, 18; P.A. 94-203, S. 11, 12; P.A. 97-154, S. 15, 27; 97-176, S. 1, 2; P.A. 98-67, S. 9, 10.)
History: 1972 act retained requirements for deadline for return of absentee ballots to clerk for municipal elections not
held coincidentally with regular or special state elections but changed deadline for return of ballots for regular or special
state elections to not later than the close of the polls on election day and added provision for a presidential ballot to be
issued on election day in certain circumstances; P.A. 73-472 provided that ballot may be completed in clerk's office and
returned to clerk at same time, effective with all elections held on or after January 1, 1974; P.A. 74-312 detailed who may
be designated to mail absentee ballot where there is illness or physical disability and those who may at times have in their
possession official ballots or ballot envelopes not to apply to any primary held in 1974; P.A. 75-125 changed deadline for
return of all absentee ballots, mailed or otherwise, for municipal or state elections, to "the close of the polls on the day of
such election", effective January 1, 1976; P.A. 76-295 added provision for return of an overseas ballot by a person not
employed by U.S. postal service; P.A. 77-245 changed "town clerk's office" to "office of the municipal clerk" where
appearing; P.A. 79-340 divided section into three Subsecs. and in new Subsec. (a) set forth conditions under which absentee
ballot is deemed to be cast, in which was deleted previous provision for completion in clerk's office and return at same
time, substituting a requirement that when returned in person by elector deadline is "by the day before such election"; P.A.
81-424 amended Subsec. (b) to include justices of the peace among those persons who may be designated by an elector
to mail his ballot; P.A. 82-288 amended section to allow electors to pick up and return absentee ballots in person on day
of a special election or primary if done prior to the opening of the polls, and to delete reference to justice of the peace as
person who may mail absentee ballot for elector; P.A. 83-324 amended section to allow municipal clerk or designee to
personally accept ballots from hospitalized persons; P.A. 84-319 permitted certain individuals to pick up as well as return
the absentee ballot of a person hospitalized within the six days immediately preceding a primary or an election; P.A. 85-
592 amended Subsec. (a) to allow electors to return applications by U.S. postal service, commercial carrier, courier or
messenger services; P.A. 85-613 made a technical change in Subsec. (a) and deleted provision which had required clerk
to retain records for six months after election or primary; P.A. 86-179 added references to referenda, use of commercial
carrier, courier or messenger service, changed term "elector" to "applicant" and deleted provision re issuance of ballot on
election day; Sec. 9-146 transferred to Sec. 9-140b in 1987; P.A. 87-532 amended Subdiv. (1) of Subsec. (a) to allow an
absentee ballot to be cast if it is mailed by a member of the immediate family of an applicant who is a student; P.A. 88-
162 amended Subdiv. (2) of Subsec. (a) to require that absentee ballot be returned by day before special election or primary,
instead of prior to opening of polls on day of special election or primary, in order to be cast, effective July 1, 1989; P.A.
89-297 amended Subsecs. (a) and (b) to allow a designee of any ill or physically disabled applicant, instead of only an
applicant having an unforeseen illness or physical disability occurring within six days immediately preceding close of
polls, to return ballot in person ; P.A. 94-203 divided Subsec. (b) into Subdivs., rephrased provision re licensed physician
or registered or practical nurse in Subdiv. (1), and inserted "or assistant registrar of voters" in Subdiv. (2), effective July
1, 1994; P.A. 97-154 amended Subsec. (a) by inserting new Subdiv. (4) authorizing absentee ballot to be cast if returned
by immediate family member, renumbering former Subdiv. (4) as Subdiv. (5) and requiring person returning absentee
ballot to municipal clerk under Subdiv. (3) or (4) to present identification and provide information on outer envelope,
effective January 1, 1998; P.A. 97-176 added new Subsec. (e) prohibiting candidate or his agent, except in certain cases,
from knowingly being present when an applicant executes absentee ballot, effective July 1, 1997; P.A. 98-67 redefined
"immediate family" for purposes of section, effective July 1, 1998.
Annotations to former section 9-146:
Time requirements unenforceable when clerk failed to comply with section 9-148, hence ballots held void. 164 C. 204.
Cited. 186 C. 125, 130, 145, 147.
Subsec. (a):
Cited. 186 C. 125, 146.
Subsec. (b):
Where absentee ballots were mailed by person not specifically enumerated court erred in determining that there had
been substantial compliance with statute. 186 C. 125, 129, 141, 145—150.
Sec. 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 for counting. Preservation of secrecy. Late ballots retained by clerk. (a) 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, the date and precise time of its receipt. 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.
(b) 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 not later than eleven o'clock a.m. of such day may be sorted into voting districts
by the 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. If central counting of absentee
ballots has been designated by the registrars pursuant to section 9-147a, they shall also
place such indication on a duplicate of the checklist to be retained by the municipal
clerk until he delivers it to the registrars at twelve o'clock noon on election, primary or
referendum day for the use of the absentee ballot counters pursuant to subsection (i) of
this section. All absentee ballots received not later than 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 so sorted and checked not later than such 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) Ballots received not later than eleven o'clock a.m. on such last day before the
election, primary or referendum shall be delivered by the clerk to the registrars not
earlier than ten o'clock a.m. and not later than twelve o'clock noon on the day of the
election or primary and at twelve o'clock noon on the day of a referendum for counting,
provided that the registrars may at their discretion direct the clerk to retain for later
delivery as many of such ballots as they deem necessary to preserve the secrecy of
ballots to be counted at later times as provided in this section. If central counting has
been designated pursuant to section 9-147a, the 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.
(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 him separately until delivered at the times provided in this
section to the registrars of voters for checking and counting.
(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 and counting.
(h) Absentee ballots received after six o'clock p.m. and any ballots received prior
to six which were not delivered earlier shall be delivered to the registrars at the close
of the polls for checking and counting.
(i) (1) The absentee ballot counters, upon receipt of the ballots delivered by the
clerk to the registrars at six o'clock p.m. 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 official checklist in the same manner as provided in subsections (b) and (c) of
this section, except as otherwise provided in this subsection. (2) If central counting has
been designated pursuant to section 9-147a, the names of applicants whose ballots were
delivered at six o'clock p.m. 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. (3) If central counting has been designated, 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. The 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.
(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) 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.
(j) Each time ballots are delivered by the clerk to the registrars on election, primary
or referendum day, 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
six months in accordance with section 9-150b.
(k) Each group of absentee ballots shall be counted by the absentee ballot counters
when received from the registrars on election, primary or referendum day, in the manner
provided in section 9-150a.
(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.
(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.)
History: 1963 act allowed clerk to deliver ballots promptly after as well as before the opening of the polls; 1967 act
made technical changes; 1972 act provided that on day of municipal or special election not held coincidentally with a
regular or special state election, prior to or promptly after polls open and again promptly after twelve noon, when day of
election is Monday, clerk to deliver absentee ballots to registrars, and further on day of regular or special state election
clerk to deliver absentee ballots immediately after twelve noon and again immediately after the close of the polls to the
registrars, also at any time or times between noon and the close of the polls may deliver any envelopes received during
that period; P.A. 75-125 deleted distinction between municipal and state elections and provided for delivery of ballots to
registrars at any election immediately after twelve noon and after closing of polls as well as any time in between at discretion
of clerk, effective January 1, 1976; P.A. 75-300 changed twelve noon to two p.m. and further deleted discretionary deliveries
between that time and closing of polls, effective January 1, 1976; P.A. 77-187 deleted all provisions for delivery of ballots
by clerk to registrars, provided that ballots received before eleven a.m. of day before election be sorted into voting districts
by clerk, that registrars to start checking as ballots are available from clerk the names of such voters on registry list and if
name not on list, without opening ballot to indicate "not counted" thereon and reason therefor upon completion ballots
retained in sealed package by clerk until delivered to registrars at twelve noon, election day, that ballots received in timely
fashion after eleven a.m. day before election to be sorted and delivered to registrars after polls close, that, if admission
form of member of armed forces or related group is received by five p.m. at day before election, his absentee ballot, received
before the admission form, to be counted and that where absentee ballots cast in election on first Monday in May, ballots
to be checked against registry list on last weekday before election; P.A. 77-245 changed "town" to "municipal" clerk; P.A.
78-75 provided for delivery and checking of ballots received since last delivery at five p.m. on request of registrars and
again any ballots not previously delivered to be delivered at the close of polls; P.A. 78-153 made technical changes; P.A.
79-363 changed five p.m. delivery time to six p.m.; P.A. 81-424 provided for optional sorting and checking of ballots on
a daily basis for seven days prior to the election; P.A. 84-319 divided section into Subsecs. and amended section to provide
uniformity in procedures for sorting, checking and marking absentee ballot envelopes; P.A. 85-592 applied provisions of
section to referenda and amended Subsec. (b) to require that clerk and registrars execute affidavit of delivery and receipt
stating number of ballots delivered; P.A. 86-179 changed term "registry list" to "official checklist" and made technical
changes; Sec. 9-147 transferred to Sec. 9-140c in 1987; P.A. 87-382 substituted "one hundred eighty days" for "six months";
P.A. 87-509 amended Subsec. (b) to provide that checking by registrars, if unaffiliated electors authorized to vote in primary
of either of two parties, to include designation of party in which applicants are voting preceding each name; P.A. 87-532
amended Subsec. (a) to require clerk to keep list of names of applicants returning absentee ballots to clerk; P.A. 95-171
amended Subsec. (e) by changing time of delivery of ballots from noon to between nine a.m. and noon for an election or
primary and not later than noon for a referendum, effective January 1, 1996; P.A. 96-119 amended Subsec. (e) to replace
"nine" with "ten" o'clock and replace "not later than" with "at" twelve o'clock, effective May 24, 1996.
Cited. 231 C. 602, 640, 642, 643.
Subsec. (a):
Cited. 231 C. 602, 603. Cited. Id., 602, 603, 640, 642, 648—653, 666.
Subsec. (d):
Cited. 231 C. 602, 647.
Sec. 9-140d. (Formerly Sec. 9-152). Validity of armed forces member's ballot
after death. No absentee ballot executed by a member of the armed forces shall be
invalidated by his death prior to an election, primary or referendum if his name appears
on the official checklist used at such election, primary or referendum.
(1949 Rev., S. 1152; 1953, S. 638d; P.A. 86-179, S. 15, 53.)
History: P.A. 86-179 added references to primaries and referenda and changed term "registry list" to "official checklist";
Sec. 9-152 transferred to Sec. 9-140d in 1987.
Transferred to Secs. 9-153a and 9-153b, respectively.
Transferred to Secs. 9-153d to 9-153f, inclusive, respectively.
Secs. 9-144 and 9-145. Materials to be furnished to absentee ballot applicants.
Marking of ballots Sections 9-144 and 9-145 are repealed.
(1949 Rev., S. 1137, 1151; 1953, S. 631d, 632d; 1955, S. 631d; 1957, P.A. 517, S. 5, 6; 1959, P.A. 592, S. 1; 1963,
P.A. 213; 224, S. 2; 374, S. 2; February, 1965, P.A. 59, S. 2; 1967, P.A. 174; 303, S. 2; 1969, P.A. 694, S. 7; P.A. 74-11,
S. 1, 4; P.A. 75-310, S. 7, 8, 11; 75-349, S. 2; P.A. 85-514, S. 2; P.A. 86-179, S. 52, 53.)
Transferred to Sec. 9-140b.
Transferred to Sec. 9-159q.
Transferred to Sec. 9-140c.
Sec. 9-147a. Central counting of absentee ballots; designation of location by
registrars of voters. (a) At any election, primary or referendum all absentee ballots shall
be counted in the respective polling places except when counted at a central location. Any
election official serving in a polling place may observe the counting of absentee ballots
at that polling place.
(b) At any election, primary or referendum, all absentee ballots may be counted at
a central location designated by the registrars of voters in writing to the municipal clerk
at least twenty days before the election, primary or referendum, which location shall be
published in the warning for the election, primary or referendum. If unaffiliated electors
are authorized under section 9-431 to vote in the primary of either of two parties, absentee
ballots may not be counted at a central location unless both parties decide to have central
counting and designate the same room for such central counting. If such designation of
a central location has been made, the ballots shall not be counted in any polling place
but all absentee ballots shall be separated, counted, tallied, placed in depository envelopes and returned by voting district. Any member of the public may observe the counting of absentee ballots at such central location.
(P.A. 75-300, S. 1, 9; P.A. 77-187, S. 4, 9; P.A. 78-75, S. 2, 3; 78-153, S. 19, 32; P.A. 79-363, S. 17, 38; P.A. 81-424,
S. 2; P.A. 84-319, S. 18, 49; P.A. 85-592, S. 4; P.A. 86-179, S. 16, 53; P.A. 87-509, S. 22, 24.)
History: P.A. 77-187 changed time of receipt referring to before or after "five p.m." of day before election to "eleven
a.m." where appearing, changed time of delivery by town clerk from "two p.m." to "twelve noon" on election day; P.A.
78-75 changed "town" to "municipal" clerk where appearing, and provided for delivery of ballots at five p.m. on election
day at request of registrars and in any case at close of polls; P.A. 78-153 replaced town clerk with municipal clerk; P.A.
79-363 changed "five" to "six" p.m. on election day where appearing; P.A. 81-424 provided for optional sorting and
checking of ballots on a daily basis for seven days prior to the election; P.A. 84-319 divided section into Subsecs. and
amended provisions to provide uniformity in procedures for checking and counting absentee ballots; P.A. 85-592 applied
provisions of section to primary elections and referenda; P.A. 86-179 added subsection re counting of absentee ballots at
polling place or central counting location and deleted provisions re timetable and procedures for counting; P.A. 87-509
prohibited central counting of absentee ballots if unaffiliated electors authorized to vote in primary of either of two parties,
unless both parties decide to have central counting and designate same room for central counting.
Transferred to Sec. 9-151a.
Sec. 9-147c. Central counting of absentee ballots; appointment of counters
and moderator. Count not to be disclosed prior to close of polls. Each registrar of
voters shall appoint one or more electors of the town, known to be persons of integrity,
to count all absentee ballots. No spouse, parent, grandparent, child or sibling of a candidate may be appointed to count absentee ballots on which the name of such candidate
appears. If central counting has been designated, the registrars shall also jointly appoint
a central counting moderator and alternate moderator pursuant to the requirements of
section 9-229. No person shall print, publish, announce, or otherwise make known such
count prior to the time for the closing of the polls.
(P.A. 75-300, S. 3, 9; P.A. 77-187, S. 6, 9; P.A. 79-363, S. 18, 38; P.A. 81-467, S. 2, 8; P.A. 85-592, S. 5; P.A. 86-179,
S. 17, 53; P.A. 99-276, S. 4, 15.)
History: P.A. 77-187 changed time count of absentee ballots to begin from "two p.m." to "twelve o'clock"; P.A. 79-
363 made technical changes; P.A. 81-467 added reference to appointment of alternate moderator; P.A. 85-592 amended
section to require counters to attend training sessions at which registrars, municipal clerks and moderators review and
study an absentee ballot counter's manual; P.A. 86-179 deleted provisions re counter's training sessions and submittal of
questions to moderator for decision; P.A. 99-276 added prohibition against spouse, parent, grandparent, child or sibling
of a candidate from counting absentee ballots on which candidate's name appears, effective January 1, 2000.
Sec. 9-147d. Central counting of absentee ballots timely received after 11 a.m.
of day before election. Section 9-147d is repealed.
(P.A. 75-300, S. 4, 9; P.A. 77-187, S. 7, 9; P.A. 86-179, S. 52, 53.)
In municipalities
where there are registrars of voters for each voting district, the appointment of such
absentee ballot counters shall be made by the registrars of the first district. If there is
no district so designated, such appointment shall be made by the registrars of the district
in which the presiding officer for the purpose of declaring the result of the vote of the
whole municipality is the moderator. Each person appointed to count absentee ballots
shall participate in a training session at which the registrars, municipal clerk and moderator shall review and study the absentee counter's manual provided by the Secretary of
the State under section 9-150a. Each elector so appointed shall be sworn to carry out
faithfully the duties of his office and not to attempt to ascertain the manner in which
any absentee elector has marked his absentee ballot. The registrars of voters shall ascertain the voting district in which each absentee elector is registered and shall apportion
the envelopes according to voting districts among the appointed groups of electors, if
there is more than one such group, in such manner that each group can conveniently
count the votes apportioned to it.
(1949 Rev., S. 1144; 1953, 1955, S. 635d; 1957, P.A. 517, S. 7; 1963, P.A. 215, S. 1; P.A. 77-187, S. 2, 9; P.A. 84-
319, S. 19, 49; P.A. 85-592, S. 6; P.A. 86-179, S. 18, 53.)
History: 1963 act provided for endorsement of date of receipt on envelope; P.A. 77-187 substituted "head" moderator
for "chief" moderator; P.A. 84-319 eliminated requirement that absentee ballot counters be affiliated with appointing
registrar's political party; P.A. 85-592 amended section to require mandatory training sessions for absentee ballot counters
and to specify that registrars, municipal clerks and moderators must review and study absentee counter's manual at such
sessions; P.A. 86-179 deleted provisions re clerk's endorsement and affidavit of receipt of ballots.
Absentee ballots held void due to clerk's total noncompliance. Relation to sections 9-145 and 9-146 discussed. 164 C.
204. Cited. 186 C. 125, 150. Cited. 216 C. 253, 270.
Secs. 9-149 and 9-150. Counting of ballots, procedure; ballot rejected if inner-
envelope statement not executed; public may observe central counting; questions
decided by moderator, intent of elector to govern, presumptions when intent not
clear, invalid votes. Placing of ballots in depository envelopes; presentation of envelopes; declaration of count. Sections 9-149 and 9-150 are repealed.
(1949 Rev., S. 1144, 1146; 1953, 1955, S. 635d, 636d; 1957, P.A. 517, S. 8; 1959, P.A. 527, S. 2; February, 1965, P.A.
37; 1967, P.A. 885, S. 1; 1969, P.A. 8, S. 1; 694, S. 17; 1972, P.A. 196, S. 16; P.A. 75-300, S. 6, 7, 9; P.A. 76-295, S. 16,
18; P.A. 77-187, S. 3, 9; 77-202, S. 1, 4; 77-286; P.A. 79-363, S. 21, 38; P.A. 84-319, S. 20, 49; P.A. 85-489, S. 2; 85-
592, S. 7, 8; P.A. 86-179, S. 52, 53.)
Not earlier than ten
o'clock a.m. and not later than twelve o'clock noon on the day of the election or primary
and not earlier than twelve o'clock noon on the day of a referendum the absentee ballot
counters shall proceed to the polling places for which they have been assigned ballots
or to the central counting location.
(b) Delivery and checking of ballots. At the time each group of ballots is delivered
to them pursuant to section 9-140c, the counters shall perform any checking of such
ballots required by subsection (i) of said section and shall then proceed as hereinafter
provided.
(c) Removal of inner envelopes. Count of total number of ballots received. Except with respect to ballots marked "Rejected" pursuant to said section 9-140c or other
applicable law, the counters shall remove the inner envelopes from the outer envelopes,
shall note the total number of absentee ballots received and shall report such total to
the moderator. They shall similarly note and separately so report the total numbers of
presidential ballots and overseas ballots received pursuant to sections 9-158a to 9-158m,
inclusive.
(d) Ballot rejected if inner envelope statement not executed. If the statement on
the inner envelope has not been signed as required by section 9-140a, such inner envelope
shall not be opened nor 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.
(e) Removal of ballots from inner envelopes. The counters shall then remove the
absentee ballots from the remaining inner envelopes.
(f) Inner and outer envelopes to be sealed in depository envelopes. Before the
ballots are counted, all opened outer and inner envelopes from which such ballots have
been removed, and all outer envelopes marked "Rejected" as required by law, shall be
placed and sealed by the counters, separately by voting district, in depository envelopes
prescribed by the Secretary of the State and provided by the municipal clerk. The counters shall seal such depository envelopes by wrapping them lengthwise and sideways
with nonreusable tape, endorse on each such envelope their names, the voting district
and the time of the count, and deliver such envelopes to the moderator.
(g) Moderator to supervise counting. The counters shall then count such ballots
as provided in this section. The moderator shall supervise the counting.
(h) Procedure manual. The Secretary of the State shall provide a procedure manual
for counting absentee ballots. The manual shall include a description of the steps to be
followed in receiving, handling, counting and preserving absentee ballots. Facsimile
ballots shall be printed in the manual, illustrating potential variations in ballot markings
along with the correct interpretation to be given in each situation illustrated.
(i) Write-in votes. (1) Except as otherwise provided in this section the provisions
of section 9-265 shall apply to write-in votes on absentee ballots at elections.
(2) Votes cast by absentee ballot at a primary may be counted only for candidates
whose names appear on the ballot label on primary day, and no write-in vote shall be
counted except as provided in subdivision (3) of this subsection.
(3) If a write-in vote on an absentee ballot is cast for a candidate for any office
whose name appears on the ballot label for that office on election or primary day, such
candidate's name shall be deemed to have been checked on such ballot and, except as
otherwise provided in subsection (j) of this section, one vote shall be counted and recorded for such candidate for such office.
(4) Except as otherwise provided in said section 9-265, if the name of a registered
write-in candidate for an office is written in for such office on an absentee ballot it shall
be deemed validly written in for purposes of subsection (j) of this section.
(j) Intent of voter to govern; presumptions. In the counting of absentee ballots
the intent of the voter shall govern, provided the following conclusive presumptions,
where applicable, shall prevail in determining such intent:
(1) If the names of more candidates for an office than the voter is entitled to vote
for are checked or validly written in, then the vote cast for that office shall be deemed
an invalid overvote.
(2) If the name of a candidate who has vacated his candidacy is checked such vote
shall not be counted.
(3) On an absentee ballot on which candidates' names are printed, a vote shall be
deemed cast only for each candidate whose name is individually checked or validly
written in, except as otherwise provided in this subsection. If a party designation is
circled, checked, underscored or similarly marked in any manner, or written in, no vote
shall be deemed cast or cancelled for any candidate by virtue of such marking or writing.
(k) Questions submitted to moderator for decision. If the intent of an absentee
voter is difficult to ascertain due to uncertain, conflicting or incorrect ballot markings
which are not clearly addressed in this section or in the procedure manual for counting
absentee ballots provided by the Secretary of the State, the absentee ballot counters shall
submit the ballot and their question to the moderator. They shall then count the ballot
in accordance with the moderator's decision as to the voter's intent, if such intent is
ascertainable. A ballot or part of a ballot on which the intent is determined by the moderator to be not ascertainable, shall not be counted. The moderator shall endorse on the
ballot the question and his decision.
(l) Rejection of marked ballots. No absentee ballot shall be rejected as a marked
ballot unless, in the opinion of the moderator, it was marked for the purpose of providing
a means of identifying the voter who cast it.
(m) Placing of ballots in depository envelopes. After the absentee ballots have
been so counted they shall be placed by the counters, separately by voting district,
in depository envelopes prescribed by the Secretary of the State and provided by the
municipal clerk. Any notes, worksheets, or other written materials used by the counters
in counting such ballots shall be endorsed by them with their names, the date and the
time of the count and shall also be placed in such depository envelopes together with
the ballots, and with the separate record of the number of votes cast on such ballots for
each candidate as required by section 9-150b. Such depository envelopes shall then be
sealed, endorsed and delivered to the moderator by the counters in the same manner as
provided in subsection (f) of this section.
(P.A. 86-179, S. 19, 53; P.A. 87-197, S. 2, 3; 87-382, S. 11, 55; P.A. 91-286, S. 2, 3; P.A. 95-171, S. 7, 14; P.A. 96-
119, S. 4, 14.)
History: P.A. 87-197 and 87-382 repealed provisions in former Subsecs. (j) and (k) re straight-ticket party block,
relettered Subsec. (k) as Subsec. (j) and remaining Subsecs. accordingly and made technical changes; P.A. 87-197 amended
section further by adding new Subdiv. (3) in relettered Subsec. (j) re marking of a party designation; P.A. 91-286 amended
Subsecs. (f) and (m) to require that depository envelopes be prescribed by secretary of the state and provided by municipal
clerk instead of provided by secretary; P.A. 95-171 amended Subsec. (a) by changing the time ballot counters arrive from
not earlier than noon to between nine a.m. and noon for an election or primary and not later than noon for a referendum,
effective January 1, 1996; P.A. 96-119 amended Subsec. (a) to replace "nine" with "ten" o'clock and replace "not later
than" with "not earlier than" twelve o'clock noon on the day of a referendum, effective May 24, 1996.
Cited. 231 C. 602, 643, 667.
Subsec. (b):
Cited. 231 C. 602, 647.
Subsec. (d):
Cited. 231 C. 602, 647.
Subsec. (f):
Cited. 231 C. 602, 648.
Subsec. (j):
Cited. 231 C. 602, 623. Subdiv. (3) cited. Id., 602, 626, 627. Subdiv. (1) cited. Id., 602, 670.
Subsec. (k):
Cited. 231 C. 602, 648, 658.
Subsec. (l):
Cited. 231 C. 602, 657—659.
Subsec. (m):
Cited. 231 C. 602, 648.
(a) Moderator to record result of each count. The moderator shall record the result
of each count of absentee ballots, separately by time of count, on (1) the moderator's
return, or in the case of central counting a separate moderator's return for each voting
district, and (2) a separate record of the number of absentee votes cast for each candidate
as shown on the moderator's return, or in the case of central counting, such a record for
each voting district.
(b) Counting at polls. Declaration of result. If the absentee ballots were counted
at the polls, when all counting is complete the moderator shall publicly declare the result
of such count as provided in section 9-309 and add such count to the results from the
voting machines recorded on the moderator's return. Such return shall show separately
the machine vote and the absentee vote and the totals thereof.
(c) Counting at central location. Central counting moderator's return. If the
absentee ballots were counted at a central location, when all counting is complete the
moderator shall publicly declare the result of such count. He shall then deliver to the head
moderator the central counting moderator's returns, together with all other information
required by law or by the Secretary of the State's instructions. The head moderator shall
add the results from the voting machines, recorded on the moderator's return for each
polling place, to the absentee count recorded on the central counting moderator's return
for the corresponding voting district, in the manner prescribed by the Secretary of the
State. The returns so completed shall show separately the machine vote and the absentee
vote and the totals thereof.
(d) Forms. The Secretary of the State may prescribe the forms and instructions for
the tabulation, counting and return of the absentee ballot vote.
(e) Presentation of depository envelopes. The sealed depository envelopes required by subsections (f) and (m) of section 9-150a shall be returned by the moderator
to the municipal clerk as soon as practicable on or before the day following the election,
primary or referendum.
(f) Municipal clerk to preserve ballots, envelopes and related materials. The
municipal clerk shall preserve for sixty days after the election, primary or referendum
the depository envelopes containing opened envelopes and rejected ballots required by
subsection (f) of section 9-150a, and shall so preserve for one hundred eighty days
the depository envelopes containing counted ballots and related materials required by
subsection (m) of section 9-150a.
(g) Depository envelopes not to be opened; exceptions. No such depository envelope shall be opened except by order of a court of competent jurisdiction, by the State
Elections Enforcement Commission pursuant to a subpoena issued under subdivision
(1) of subsection (a) of section 9-7b or within five days of an election, primary or referendum for the purpose of a recanvass conducted pursuant to law. After such a recanvass
the depository envelopes and their contents shall be returned to the municipal clerk and
preserved for the stated period.
(h) Clerk to preserve applications, void and unused ballots, records. For sixty
days after the election, primary or referendum the following shall be preserved by the
municipal clerk as a public record open to public inspection: (1) All executed absentee
ballot application forms and direction by registrar forms, as required by subdivision (i)
of section 9-140; (2) the list and index of applicants for presidential or overseas ballots
as required by section 9-158h; (3) the numerical list of absentee voting sets issued as
required by subsection (e) of section 9-140; (4) the list of the names of persons whose
absentee ballots are received by the clerk, as required by subsection (a) of section 9-
140c; (5) all unused absentee ballots; and (6) all envelopes containing ballots received
by the clerk after the close of the polls, which shall remain unopened.
(i) Clerk to preserve affidavits. For one hundred eighty days after the election,
primary or referendum the following shall be preserved by the municipal clerk as a public
record open to public inspection: (1) The affidavit regarding the clerk's endorsement of
inner envelopes, as required by subsection (a) of section 9-140c; and (2) the affidavit
regarding delivery and receipt of ballots, as required by subsection (j) of said section.
(j) Destruction of ballots, envelopes and related materials. At the expiration of
the applicable retention period, if no contest is pending and no subpoena has been issued
by the State Elections Enforcement Commission pursuant to subsection (1) of section
9-7b, the municipal clerk shall destroy the materials preserved under this section.
(P.A. 86-179, S. 20, 53; P.A. 87-382, S. 12, 55; 87-532, S. 6, 10; P.A. 88-364, S. 11, 123; P.A. 90-156, S. 5; P.A. 95-
177, S. 6, 7; P.A. 00-66, S. 19.)
History: P.A. 87-382 substituted "one hundred eighty days" for "six months" in Subsecs. (f) and (i) and, in Subsec. (f),
also substituted "(m)" for "(n)"; P.A. 87-532 applied provisions of Subsec. (h) to log of applications issued and list of
persons whose applications are received by clerk; P.A. 88-364 substituted the words "The sealed" for "No such" in Subsec.
(e); P.A. 90-156 corrected a subsec. reference in Subsec. (e); P.A. 95-177 amended Subsec. (h) by deleting Subdiv. (2) re
log of applications issued and renumbered Subdivs. (3) to (7) as (2) to (6), effective January 1, 1996; P.A. 00-66 made a
technical change in Subsec. (g).
Cited. 231 C. 602, 643, 645.
Subsec. (e):
Cited. 231 C. 602, 648.
Subsec. (f):
Cited. 231 C. 602, 648.
Subsec. (g):
Cited. 231 C. 602, 648.
Sec. 9-150c. Procedure for delivery of ballot in case of late-occurring illness,
disability or hospitalization. An applicant who applies for an absentee ballot because
of unforeseen illness or physical disability occurring within six days immediately preceding the close of the polls at an election, primary or referendum or because the applicant is a patient in a hospital within such six-day period, may appoint a designee, as
defined in subsection (b) of section 9-140b, to deliver the ballot to him, by stating on
the application, in a space provided for that purpose, (1) the date of occurrence of the
illness or disability or the name and address of the hospital in which the applicant is
a patient within such six-day period, (2) the name, address and category under said
subsection, of the person so designated and (3) the delivery which the person is designated to perform, provided the person so designated shall also sign a statement on the
application to the effect that he consents to the designation and will perform the delivery
without tampering with the ballot in any way. If the application designates a person to
deliver the ballot to the applicant, that person shall personally submit the application to
the municipal clerk. If such application is submitted to the clerk in person, within six
days immediately preceding the close of the polls at an election or primary, by a person
designated on the application to deliver the absentee ballot to the applicant as provided
in this section and in subsection (b) of said section 9-140b, and if the application is dated
within such time, the clerk shall give that person the absentee voting set.
(P.A. 86-179, S. 21, 53; P.A. 89-297, S. 5, 18; P.A. 97-154, S. 14, 17.)
History: P.A. 89-297 referenced definition of "designee" in Subsec. (b) of Sec. 9-140b and deleted provisions re return
of ballot to municipal clerk; P.A. 97-154 authorized applicant who is a hospital patient during six-day period preceding
election, primary or referendum to appoint designee to deliver ballot to him, effective January 1, 1998.
A voting machine
approved by the Secretary of the State under section 9-242 may be used to count absentee
ballots in any municipality at an election, primary or referendum, provided the registrars
of voters of the municipality approve the use of such machine and the Secretary of
the State prescribes specifications for (1) the security, testing, set-up, operation and
canvassing of the machine, (2) such absentee ballots, and (3) the training of election
officials in the use of the machine.
(P.A. 99-276, S. 10, 15.)
History: P.A. 99-276 effective January 1, 2000.
Section 9-151
is repealed.
(1949 Rev., S. 1147; 1953, 1955, S. 637d; 1969, P.A. 694, S. 8; P.A. 75-300, S. 8, 9; P.A. 77-187, S. 8, 9.)
Transferred to Sec. 9-159o.
Transferred to Sec. 9-140d.
Sec. 9-153. Clerk to preserve counters' notes, worksheets and other written
materials and envelopes, applications and void and unused ballots. Section 9-153
is repealed.
(1949 Rev., S. 1145; 1953, 1955, S. 640d; P.A. 73-100; P.A. 77-202, S. 2, 4; P.A. 78-153, S. 7, 32; P.A. 84-319, S. 22,
49; P.A. 85-489, S. 3; 85-592, S. 9; P.A. 86-179, S. 52, 53.)
The
form of absentee ballot application provided by any federal department or agency, referred to in section 9-140, may be used only by a person in any one of the following
categories who is eligible to vote and who expects to be unable to appear at his proper
polling place for any reason specified in section 9-135: (1) Members of the armed forces,
(2) the spouses and dependents of such members, (3) members of religious groups or
welfare agencies assisting members of the armed forces, who are officially attached
to and serving with the armed forces, and their spouses and dependents, (4) civilian
employees of the United States in all categories serving outside the territorial limits of
the several states of the United States and the District of Columbia and their spouses
and dependents when residing with or accompanying them, whether or not the employee
is subject to the civil service laws and the Federal Classification Act of 1949, and whether
or not paid from funds appropriated by the Congress, (5) citizens of the United States
temporarily residing outside of the territorial limits of the several states of the United
States and the District of Columbia and (6) overseas citizens qualified to vote under the
Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff
et seq., as amended from time to time. Any such person may apply for an absentee
ballot in the manner provided in said section 9-140, either on the form prescribed by
the Secretary of the State under said section, or on the application form provided by any
federal department or agency hereinbefore referred to.
(1955, S. 620d; 1969, P.A. 334; P.A. 80-281, S. 8, 31; P.A. 86-179, S. 22, 53; P.A. 93-30, S. 11, 14; P.A. 97-154, S.
12, 27.)
History: 1969 act added citizens temporarily residing outside territorial limits; P.A. 80-281 added overseas citizens
qualified to vote under federal law; P.A. 86-179 deleted reference to elector or applicant for admission as an elector and
substituted reference to person eligible to vote; Sec. 9-141 transferred to Sec. 9-153a in 1987; P.A. 93-30 updated reference
to federal act in Subdiv. (6), effective July 1, 1993; P.A. 97-154 deleted provision that application form prescribed by the
Secretary of the State be provided by the secretary, effective July 1, 1997.
(a) If any absentee ballot
applicant applies for an additional absentee ballot, he shall note on his application the
reason for his applying for an additional absentee ballot and he shall return the absentee
voting set formerly issued to him before another set is issued to him, provided, if he is
unable to return the set formerly issued to him, his application for an additional ballot
shall be accompanied by a statement signed under the penalties of false statement in
absentee balloting in which he shall set forth the reason for his inability to return the
set formerly issued to him. If he fails to file such a statement, no additional set shall be
issued to him.
(b) Except as provided in subsection (d) of this section for members of the armed
forces, the municipal clerk shall mark the serially-numbered outer envelope "rejected"
and note the reasons therefor on all absentee ballots and envelopes so returned to him
and shall seal such unopened ballots in a package and retain them in a safe place until
delivered in accordance with section 9-140c. The municipal clerk shall keep a list of
the names of each absentee ballot applicant who has applied for more than one absentee
ballot, as provided in section 9-140, together with the serial number appearing on the
outer envelope of each absentee voting set issued to each such applicant including the
latest one issued.
(c) When an absentee ballot applicant has applied for more than one absentee ballot,
only the latest absentee ballot |
