Connecticut General Statutes/Title 9/Chapter 145/Section 9-140c

CGS § 9-140c. (Formerly Sec. 9-147). List of applicants returning ballots to clerk. Sorting of ballots and checking of names on registry list; rejection of ballot if name not on list. Times for delivery of ballots by clerk to registrars. Preservation of secrecy. Counting of ballots by counters upon receipt from registrars. Late ballots retained by clerk.

(a)(1) The municipal clerk shall retain the envelopes containing absentee ballots received by him under section 9-140b and shall not open such envelopes. The municipal clerk shall endorse over his signature, upon each outer envelope as he receives it, (A) the date and precise time of its receipt, and (B) the method of its receipt, in accordance with the provisions of subdivision (2) of this subsection. The clerk shall make an affidavit attesting to the accuracy of all such endorsements, and at the close of the polls shall deliver such affidavit to the head moderator, who shall endorse the time of its receipt and return it to the clerk after all counting is complete. The clerk shall preserve the affidavit for one hundred eighty days in accordance with the requirements of section 9-150b. The clerk shall keep a list of the names of the applicants who return absentee ballots to the clerk under section 9-140b. The list shall be preserved as a public record as required by section 9-150b.

(2) The municipal clerk shall record on the outer envelope of each absentee ballot returned under section 9-140b whether such ballot was (A) sent by the United States Postal Service or any commercial carrier, courier or messenger service, (B) deposited in a secure drop box, in which case the location of such drop box shall also be so recorded, (C) returned in person by an elector, or (D) returned in person by the designee or immediate family member of an elector. As soon as reasonably practicable after the close of the polls at an election or primary, the municipal clerk shall submit to the Secretary of the State a report detailing the total count of all absentee ballots returned for such election or primary, broken down by each method described in subparagraphs (A) to (D), inclusive, of this subdivision.

(b) (1) Beginning not earlier than the seventh day before the election, primary or referendum and on any weekday thereafter, all absentee ballots received by the municipal clerk at or prior to eleven o'clock a.m. of such day may be sorted into voting districts by the municipal clerk and checked as provided in this subsection. On any such day, beginning as soon as the ballots have been sorted, the registrars of voters, without opening the outer envelopes, may check the names of the applicants returning ballots on the official checklist to be used at the election, primary or referendum by indicating “absentee” or “A” preceding each such name and, if unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, the designation of the party in which the applicants are voting preceding each such name. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, the registrars shall also place such indication on a duplicate checklist to be retained by the municipal clerk until the municipal clerk delivers such duplicate checklist to the registrars, in accordance with subsection (e) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.

(2) All absentee ballots received at or prior to eleven o'clock a.m. of the last day before the election, primary or referendum which is not a Sunday or legal holiday, shall be sorted into voting districts by the municipal clerk and checked as provided in subdivision (1) of this subsection not later than such last day.

(c) If the name of the applicant returning the ballot is not on the official checklist for any polling place in such municipality, the registrars shall endorse on the face of such outer envelope the word “rejected”, followed by a statement of the reasons for rejection, and the outer envelope shall not be opened or the ballot counted.

(d) After such checking has been completed on any such day, the municipal clerk shall seal the unopened ballots in a package and retain them in a safe place.

(e) (1) Except as provided in subdivision (2) of this subsection, ballots received at or prior to eleven o'clock a.m. on the last day before the election, primary or referendum shall be delivered by the municipal clerk to the registrars between ten o'clock a.m. and twelve o'clock noon on the day of the election or primary and at twelve o'clock noon on the day of a referendum. Unless absentee ballots are to be counted in the respective polling places, pursuant to subsection (b) of section 9-147a, the municipal clerk shall also deliver to the registrars at this time the duplicate checklist provided for in subsection (b) of this section, for the use of the absentee ballot counters pursuant to subsection (i) of this section.

(2) The municipal clerk may deliver the ballots at a time that is later than the time provided in subdivision (1) of this subsection, provided such time is mutually agreed upon by the municipal clerk and registrars and is not later than eight o'clock p.m. on the day of the election, primary or referendum.

(f) Absentee ballots timely received by the clerk after eleven o'clock a.m. of such last day before an election, primary or referendum shall be sorted into voting districts by the clerk and retained by the clerk separately until delivered to the registrars of voters for checking.

(g) Any or all of such ballots received after eleven o'clock a.m. of such last day before an election, primary or referendum and before six o'clock p.m. on the day of the election, primary or referendum shall, upon request of the registrars, be delivered to the registrars by the municipal clerk at six o'clock p.m. on the day of the election, primary or referendum for checking, or at a later time mutually agreed upon by the clerk and registrars, provided such time is not later than eight o'clock p.m. on the day of the election, primary or referendum.

(h) Absentee ballots received after six o'clock p.m. on the day of the election, primary or referendum and any ballots received prior to six o'clock p.m. of such day which were not delivered earlier shall be delivered to the registrars at the close of the polls for checking. Although absentee ballots shall be checked by the registrars of voters at various times throughout the election, primary or referendum day, absentee ballots may be counted at one single time during such day.

(i) (1) Except as otherwise provided in this subsection, the absentee ballot counters, upon receipt of the ballots delivered by the municipal clerk to the registrars at six o'clock p.m. on the day of the election, primary or referendum and at the close of the polls pursuant to subsections (g) and (h) of this section, shall check the names of the applicants returning ballots on the duplicate checklist in the same manner as provided in subsections (b) and (c) of this section.

(2) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be called in to the appropriate polling places where they shall be checked by the checkers on the official checklists, and they shall also be checked by the absentee ballot counters on the duplicate checklist required under subsection (b) of this section.

(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, the names of applicants whose ballots were delivered at six o'clock p.m. on the day of the election, primary or referendum shall be checked by the absentee ballot counters and checkers at such polling place on the official checklist used at such polling place.

(3) (A) Except as provided in subparagraph (B) of this subdivision, the names of applicants whose ballots were delivered at the close of the polls shall be checked by the absentee ballot counters on the official checklists used at the polling places and such official checklists, bearing the certifications required by section 9-307, shall be delivered by the registrars or assistant registrars to the central counting moderator for that purpose.

(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, the official checklist used at such polling place shall remain in such polling place for checking by the absentee ballot counters at such polling place.

(4) If the name of an applicant returning a ballot has been checked on the official checklist as having voted in person the absentee ballot counters shall, in checking the ballots, endorse on the face of the outer envelope the word “rejected” followed by a statement of the reason for rejection, and the outer envelope shall not be opened or the ballot counted.

(5) (A) Except as provided in subparagraph (B) of this subdivision, when central counting is completed and the result is announced, the central counting moderator shall deliver the duplicate checklist, the official checklists and the returns required by section 9-150b, to the head moderator.

(B) Whenever absentee ballots are counted in any polling place pursuant to subsection (b) of section 9-147a, and such counting is completed and the result for such polling place is announced, the moderator for such polling place shall deliver the official checklist used at such polling place and the return required by section 9-150b to the head moderator.

(j) Each time absentee ballots are delivered by the clerk to the registrars pursuant to this section, the clerk and registrars shall execute an affidavit of delivery and receipt stating the number of ballots delivered. The clerk shall preserve the affidavit for the period prescribed in section 9-150b.

(k) The absentee ballot counters shall count, in the manner provided in section 9-150a, each group of absentee ballots upon receipt from the registrars.

(l) The municipal clerk shall retain all outer envelopes containing absentee ballots received by him after the close of the polls, unopened, for the period prescribed in section 9-150b.

Short History

(1949 Rev., S. 1143; 1953, S. 634d; 1963, P.A. 43; 1967, P.A. 831, S. 3; 1972, P.A. 196, S. 15; P.A. 75-125, S. 2, 3; 75-300, S. 5, 9; P.A. 77-187, S. 1, 9; 77-245, S. 2; P.A. 78-75, S. 1, 3; 78-153, S. 21, 32; P.A. 79-363, S. 16, 38; P.A. 81-424, S. 1; P.A. 84-319, S. 17, 49; P.A. 85-592, S. 3; P.A. 86-179, S. 14, 53; P.A. 87-382, S. 10, 55; 87-509, S. 23, 24; 87-532, S. 5, 10; P.A. 95-171, S. 11, 14; P.A. 96-119, S. 3, 14; P.A. 11-173, S. 10; June 12 Sp. Sess. P.A. 12-2, S. 48; P.A. 13-295, S. 1; P.A. 18-124, S. 3–5; July Sp. Sess. P.A. 20-3, S. 6; Sept. Sp. Sess. P.A. 20-4, S. 2; June Sp. Sess. P.A. 21-2, S. 131; P.A. 23-22, S. 17; P.A. 24-148, S. 2.)

Long History

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; P.A. 11-173 amended Subsecs. (e) to (h) by deleting language re specific times for counting and references to such times and counting, and by adding language re counting a single time in Subsec. (h), effective July 13, 2011; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (h) by making a technical change; P.A. 13-295 amended Subsec. (e) by designating existing provisions as Subdiv. (1) and providing for an exception for Subdiv. (2) therein and adding Subdiv. (2) re mutually agreed upon delivery time, made a technical change in Subsec. (f) and amended Subsec. (g) by making a technical change and adding provision re mutually agreed upon delivery time, effective July 1, 2013; P.A. 18-124 amended Subsecs. (b) and (e)(1) to replace provision re central counting of absentee ballots with provision re counting in respective polling places, amended Subsec. (i)(1) to replace “official checklist” with “duplicate checklist”, amended Subsec. (i)(2) to replace provision re central counting with provision re exception in Subpara. (B), designate existing provisions re names of applicants to be called into polling places and checked by absentee ballot counters as Subpara. (A), and add Subpara. (B) re counting of absentee ballots in polling place and checking names of certain applicants, amended Subsec. (i)(3) to designate existing provisions re names of applicants to be checked on official checklists as Subpara. (A) and add Subpara. (B) re counting of absentee ballots in polling place, amended Subsec. (i)(5) to designate existing provisions re completion of central counting and delivery of checklists to head moderator as Subpara. (A) and add Subpara. (B) re completion of counting of absentee ballots and delivery of official checklist to head moderator, replaced “clerk” with “municipal clerk”, and made technical and conforming changes in Subsecs. (b), (e) and (i), effective June 6, 2018; July Sp. Sess. P.A. 20-3 amended Subsec. (b) to designate existing provisions as Subdiv. (1) and amend same to add exception re Subsec. (b)(2), add exception re Subsec. (e)(2)(A) and add Subdiv. (2) re state election in 2020, amended Subsec. (e)(2) to add Subpara. (A) re state election in 2020, designate existing provisions as Subpara. (B) and add “or subparagraph (A) of this subdivision”, and made technical changes in Subsec. (i), effective July 31, 2020; Sept. Sp. Sess. P.A. 20-4 amended Subsec. (b) to designate existing provisions of Subdiv. (1) re permission to sort and check received absentee ballots as Subdiv. (1)(A) and amended same to replace “at twelve o'clock noon, except as provided in subparagraph (A) of subdivision (2) of subsection (e) of this section, on election, primary or referendum day” with “in accordance with subsection (e) of this section”, add Subdiv. (1)(B) re state election in 2020, designate existing provision of Subdiv. (1) re requirement to sort and check received absentee ballots as new Subdiv. (2) and delete former Subdiv. (2) re state election in 2020, amended Subsec. (e) to add Subdiv. (2)(A)(i) re permission to deliver ballots to registrars, add Subdiv. (2)(A)(iii) re delivery of duplicate checklist and designate existing provisions of Subdiv. (2)(A) re requirement to deliver ballots to registrars as Subdiv. (2)(A)(ii), amended Subsec. (h) to add “on the day of the election, primary or referendum” and “of such day”, amended Subsec. (i) to add “on the day of the election, primary or referendum” in Subdivs. (1) and (2), amended Subsec. (j) to replace “Each time ballots” with “Each time absentee ballots”, “on election, primary or referendum day” with “pursuant to this section” and “six months in accordance with” with “the period prescribed in”, amended Subsec. (k) to designate existing provisions re requirement to count absentee ballots upon receipt as Subdiv. (1) and amend same to add exception re Subdiv. (2), and add Subdiv. (2) re state election in 2020, and made technical and conforming changes, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsecs. (b)(1)(B), (e)(2)(A) and (k)(2) to add provisions re certain elections, primaries and referenda held prior to November 3, 2021, effective June 23, 2021; P.A. 23-22 amended Subsec. (b)(1) to delete Subpara. (A) designator, delete exception re former Subpara. (B) and delete former Subpara. (B) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, amended Subsec. (e) to delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and redesignate existing Subdiv. (2)(B) as Subdiv. (2), amended Subsec. (k) to delete Subdiv. (1) designator, delete exception re former Subdiv. (2) and delete former Subdiv. (2) re state election in 2020, and certain elections, primaries and referenda held prior to November 3, 2021, and made conforming and technical changes in Subsecs. (b) and (e); P.A. 24-148 amended Subsec. (a) to designate existing provisions as Subdiv. (1), designate existing provision re date and precise time of ballot receipt as Subdiv. (1)(A), add Subdiv. (1)(B) re method of ballot receipt, and add Subdiv. (2) re municipal clerk's recording on outer envelope of absentee ballot's method of return and re report to Secretary detailing total count of such ballots broken down by each such method, effective July 1, 2024.

Citations

Cited. 231 C. 602.

Subsec. (a):

Although strict compliance with Subsec. was lacking because absentee ballots were not endorsed by city clerk at time they were received and the office did not follow its customary procedure of marking ballots with stamp, there was substantial compliance with requirements of Subsec. when assistant city clerk endorsed ballots by hand after delay due to request for advice from Office of the Secretary of the State. 346 C. 642.

Subsec. (j):

Failure to comply with Subsec. when City Clerk's Office did not execute affidavits of delivery and receipt when transferring absentee ballots to Office of the Registrar of Voters overcome by sworn testimony credited by trial court establishing chain of custody of ballots, and plaintiff did not establish that reliability of results of election were seriously in doubt. 346 C. 642.

PreviousCGS § 9-140b. (Formerly Sec. 9-146). Return of absentee ballots. Secure drop boxes; regulations re use and video recording. Possession of ballots and envelopes restricted.NextCGS § 9-140d. (Formerly Sec. 9-152). Validity of armed forces member's ballot after death.