Bill Text: CT HB06111 | 2013 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Uniform Military And Overseas Voters Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-24 - File Number 628 [HB06111 Detail]

Download: Connecticut-2013-HB06111-Comm_Sub.html

General Assembly

 

Substitute Bill No. 6111

    January Session, 2013

 

*_____HB06111GAE___040813____*

AN ACT CONCERNING THE UNIFORM MILITARY AND OVERSEAS VOTERS ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 9-153e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

(a) A member of the armed forces who is an elector or an applicant for admission as an elector, or the member's spouse or dependent if living where such member is stationed, may apply before a regular election for a blank absentee ballot to vote for all offices being contested at the election. The town clerk shall make such ballots available for this purpose beginning not earlier than ninety days before the election. Application shall be made upon a form prescribed by the Secretary of the State or on the federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as amended from time to time, or any other applicable law and shall be issued only if the applicant states that due to military contingencies the regular application procedure, as set forth in section 9-140, cannot be followed. Upon receipt of the application, the [municipal] town clerk shall issue the ballot either by mail or electronic means, as requested by the elector, which shall be prescribed and provided by the Secretary of the State, and a list of the offices to be voted upon indicating the number of individuals for which each elector may vote. As soon as a complete list of nominated candidates, including the party designations of such candidates, and questions is available, the town clerk shall send such list to each applicant. If the list of candidates and questions is not available when the ballot is issued, the town clerk shall include a statement indicating that such list shall be mailed as soon as it becomes available. The ballot shall permit the elector to vote by writing in the names of specific candidates and offices for which he is voting. The elector may also vote on the questions in a manner prescribed by the Secretary of the State. If such ballot is issued by electronic means, the town clerk shall include a certification prescribed by the Secretary of the State that the elector shall be required to complete, sign and return with the completed ballot in order for such ballot to be counted. If the military contingency no longer exists, application for an additional ballot for all offices may be made pursuant to the provisions of section 9-153b.

(b) Notwithstanding the provisions of subsection (a) of this section, any member of the armed forces being deployed from this state or in the process of being deployed from this state may receive a blank absentee ballot from the Secretary of the State, beginning not earlier than ninety days before a regular election. A blank absentee ballot may be delivered to the member of the armed forces directly or given to any member of the armed forces appointed to receive and distribute such blank absentee ballot by such member's commanding officer in consultation and coordination with the Secretary of the State. The member of the armed forces responsible for the coordination of such deployment shall provide notice to the Secretary, not later than one business day before deployment or the process of deployment is scheduled to begin, whichever is later, of the request for issuance of such blank absentee ballots. Such notice shall include the number of blank absentee ballots necessary, the name and town of residence of each member of the armed forces included in such request and the name of the member of the armed forces appointed to receive such blank absentee ballots for distribution, if applicable. If the notice of request for issuance of such blank absentee ballots is received by the Secretary less than one business day before the deployment or process of deployment is scheduled to begin, whichever is later, the Secretary may provide such blank absentee ballots if the Secretary deems there is adequate time. Whenever such blank absentee ballots are delivered, the Secretary or member of the armed forces responsible for distribution of such ballots shall also make available (1) (A) applications for an absentee ballot prescribed by section 9-140, or (B) applications prescribed by any federal department or agency as provided in section 9-153a or pursuant to subsection (a) of this section, and (2) applications for admission as an elector pursuant to section 9-23h or 9-26. No blank absentee ballot delivered under this subsection shall be counted unless an application made upon a form prescribed by the Secretary of the State or on the federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as amended from time to time, or a request for a blank absentee ballot, or both as described in subdivision (1) or (2) of this subsection, has been returned to the town clerk in the applicant's town of residence in accordance with this section. No ballot delivered under this subsection shall be counted unless the name of the member of the armed forces is on the registry list of the municipality to which the member's ballot is returned or an application for admission as an elector or said federal postcard application is returned prior to the close of the polls on the day of the election. The Secretary or member of the armed forces delivering such blank absentee ballots shall not be required to determine the voter registration or eligibility status of any member of the armed forces who receives such blank absentee ballot. No member of the armed forces who receives a blank absentee ballot under this subsection shall receive a list of offices provided in subsection (a) of this section from the Secretary.

(c) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of subsection (b) of this section.

Sec. 2. Section 9-153f of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

Notwithstanding the provisions of section 9-140, any elector who is living, or expects to be living or traveling before and on election day, outside the territorial limits of the several states of the United States and the District of Columbia and any member of the armed forces who is an elector or an applicant for admission as an elector, or the member's spouse or dependent if living where such member is stationed, may apply for a blank absentee ballot to vote for all offices being contested at an election or primary. Application shall be made upon a form prescribed by the Secretary of the State or on the federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as amended from time to time, or any other applicable law. The [municipal] town clerk receiving such an application shall, as soon as a complete list of candidates and questions to be voted upon at such election or primary becomes available, but not later than forty-five days prior to such election or primary, issue the ballot either by mail or electronic means, as requested by the elector, which shall be the blank ballot prescribed and provided by the Secretary of the State under section 9-153e, as amended by this act. The town clerk shall include with the ballot a complete list of the offices to be voted upon, the number of individuals for which each elector may vote, the candidates, and, in the case of an election, the party designation of each candidate and questions to be voted upon. If such ballot is issued by electronic means, the town clerk shall include a certification prescribed by the Secretary of the State that the elector shall be required to complete, sign and return with the completed ballot in order for such ballot to be counted. If application for an absentee ballot is made at the time of availability of regular absentee ballots as provided in section 9-140, the provisions of section 9-140 shall prevail. Except as otherwise provided in this section, the procedures governing the issuance of ballots under this section shall conform as nearly as may be to the procedures provided in section 9-140.

Sec. 3. (NEW) (Effective January 1, 2014) The Secretary of the State shall implement, in consultation with local election officials, an electronic free-access system by which (1) an elector or an applicant for admission as an elector, as described in section 9-153e or 9-153f of the general statutes, as amended by this act, may determine whether (A) the elector's or applicant's application for a blank absentee ballot made upon a form prescribed by the Secretary of the State or on the federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as amended from time to time, or any other applicable law has been received, and (B) whether such elector's or applicant's absentee ballot has been received, and (2) a citizen of the United States who is eligible to vote for presidential and vice-presidential electors or other federal office pursuant to section 9-158b of the general statutes, may determine whether such citizen's ballot has been received.

Sec. 4. (NEW) (Effective January 1, 2014) (a) Each town clerk shall request an electronic mail address from each applicant for admission as an elector described in section 9-153e or 9-153f of the general statutes, as amended by this act, as part of such applicant's voter registration application. Any elector described in said section 9-153e or 9-153f may update his or her voter registration information by supplying the town clerk of the municipality in which such elector is registered with his or her electronic mail address. No municipal official may make such electronic mail address available to any person other than the town clerk or the registrars of voters of the municipality, or their designees. The town clerk or the registrars of voters, or their designees, may use such electronic mail address only for communication with the elector pursuant to title 9 of the general statutes, including, but not limited to, the transmission of a ballot pursuant to section 9-153e or 9-153f of the general statutes, as amended by this act, and other election materials, if the voter has requested electronic transmission of such ballot or materials, and verification of the elector's mailing address and location. A town clerk shall include with each request of an applicant for an electronic mail address or to any elector who updates his or her registration by supplying his or her electronic mail address pursuant to this subsection, a statement that any use or disclosure of an electronic address, except as provided in this subsection, shall be prohibited. An electronic mail address supplied to a town clerk pursuant to the provisions of this subsection, shall be exempt from disclosure for purposes of the Freedom of Information Act, as defined in section 1-200 of the general statutes.

(b) Any such elector or an applicant for admission as an elector whose application for a blank absentee ballot is made upon a form prescribed by the Secretary of the State or on the federal postcard application form provided pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 100 Stat. 924, 42 USC 1973ff et seq., as amended from time to time, or any other applicable law, who requests that his or her ballot be issued by electronic means, may request and be granted permanent absentee ballot status for the purposes of section 9-153e or 9-153f of the general statutes, as amended by this act. A town clerk shall automatically send a blank ballot pursuant to said section 9-153e or 9-153f to any elector with such permanent absentee ballot status for each election or primary, as applicable. A town clerk shall automatically send a blank ballot for the general election to any citizen of the United States who is eligible to vote for presidential and vice-presidential electors or other federal office pursuant to section 9-158b of the general statutes, who requested a ballot for a primary preceding such general election.

Sec. 5. (NEW) (Effective January 1, 2014) (a) A municipal election official whose duty is to print and distribute ballots and balloting material shall prepare an election notice for such municipality not later than one hundred days before a regular election, as defined in section 9-1 of the general statutes, and as soon as practicable before a special election, as defined in said section 9-1. The election notice shall contain a list of all of the questions and federal, state and local offices that, as of the date of such notice, the official expects to be on the ballot on the date of the election.

(b) An elector or an applicant for admission as an elector, as described in section 9-153e or 9-153f of the general statutes, as amended by this act, or a citizen of the United States who is eligible to vote for presidential and vice-presidential electors or other federal office pursuant to section 9-158b of the general statutes, may request a copy of such election notice. Upon such request, the municipal official who prepared the election notice pursuant to subsection (a) of this section shall send the notice to the elector, applicant or citizen by facsimile, electronic mail or regular mail, as such person requests.

(c) The municipal official who prepared the election notice pursuant to subsection (a) of this section shall update such notice with the complete list of candidates and questions to be voted upon at such election or primary and make the updated notice publicly available as soon as all candidates and questions are known, and not later than the date ballots are required to be transmitted to voters under section 9-153e or 9-153f of the general statutes, as amended by this act. If the municipality maintains an Internet web site, such municipal official shall make such notice prepared pursuant to subsection (a) of this section and any updated notice available on such Internet web site.

Sec. 6. (NEW) (Effective January 1, 2014) The provisions of sections 3 to 5, inclusive, of this act, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit, or supersede Section 101(c) of said act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2014

9-153e

Sec. 2

January 1, 2014

9-153f

Sec. 3

January 1, 2014

New section

Sec. 4

January 1, 2014

New section

Sec. 5

January 1, 2014

New section

Sec. 6

January 1, 2014

New section

Statement of Legislative Commissioners:

Changed "municipal clerk" to "town clerk" throughout, for consistency. In sections 1(b) and 5, repositioned principal clause to come before subordinate clause for clarity.

GAE

Joint Favorable Subst.

 
feedback