Conn. Gen. Stat. § 9-140b

Current with legislation from the 2024 Regular and Special Sessions.

Section 9-140b - (Formerly Sec. 9-146). Return of absentee ballots; use of secure drop box. 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;

(5) in the case of a presidential or overseas ballot, it is mailed or otherwise returned pursuant to the provisions of section 9-158g; or

(6) it is returned with the proper identification as required by the Help America Vote Act, P.L. 107-252, as amended from time to time, if applicable, inserted in the outer envelope so such identification can be viewed without opening the inner envelope. 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, parent or sibling 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) a police officer, registrar of voters, deputy registrar of voters or assistant registrar of voters in the muni

(c)

(1) For purposes of this section, "mailed" means

(A) sent by the United States Postal Service or any commercial carrier, courier or messenger service recognized and approved by the Secretary of the State, or

(B) deposited in a secure drop box designated by the municipal clerk for such purpose, in accordance with instructions prescribed by the Secretary.

(2)

(A) In the case of absentee ballots mailed under subparagraph (B) of subdivision (1) of this subsection, beginning on the first day of issuance of absentee voting sets, as provided in subsection (f) of section 9-140, and on each weekday thereafter until the close of the polls at the election, primary or referendum, including at the close of the polls at such election, primary or referendum, the municipal clerk shall retrieve from the secure drop box described in said subparagraph each such ballot deposited in such drop box.

(B) On and after July 1, 2025, each municipality shall provide a video recording device for each secure drop box described in subparagraph (B) of subdivision (1) of this subsection within such municipality, which device's recordings shall capture the location of such drop box and evidence the date and time of each such recording beginning on the first day of issuance of absentee voting sets, as provided in subsection (f) of section 9-140, and until the last retrieval of absentee ballots from such drop box at the close of the polls at the election or primary. Each such recording shall, as soon as practicable, be made publicly available from the date of recording, but in no case later than five days after such last retrieval. Each such recording shall be retained by the municipality for a period of twelve months and may be destroyed at the end of such period, except that the State Elections Enforcement Commission or a court of competent jurisdiction may order that such period be extended until the conclusion of any investigation related to such recording.

(3) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, concerning the use of secure drop boxes for the deposit of absentee ballots, including, but not limited to, the placement and positioning of any such drop box and the video recording of any such drop box and retention of any such recording.

cipality in which the applicant resides.

(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 9-601, 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.

Conn. Gen. Stat. § 9-140b

(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 ; June 30 Sp. Sess. P.A. 03-6, S. 96.)

Amended by P.A. 24-0148,S. 1 of the Connecticut Acts of the 2024 Regular Session, eff. 6/6/2024.

Amended by P.A. 23-0158,S. 1 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Amended by P.A. 23-0022, S. 16 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Amended by P.A. 21-0002, S. 102 of the Connecticut Acts of the 2021 Special Session, eff. 6/23/2021.

Amended by P.A. 20-0003, S. 5 of the 2020 July Special Session, eff. 7/31/2020.

Annotations to former section 9-146 : Time requirements unenforceable when clerk failed to comply with Sec. 9-148 , hence ballots held void. 164 C. 204 . Cited. 186 Conn. 125 . 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 Conn. 125 . Annotations to present section: A designee to return an absentee ballot on behalf of an absentee voter must be appointed or selected from within the approved categories of persons by the absentee voter himself or herself, and not by a third party; when absentee voters are in the process of casting their ballots, i.e. returning such ballots to the town clerk for submission, partisan individuals are required to distance themselves from such absentee voters. 328 C. 393.