Sec. 9-150b. Duties of moderators and municipal clerks. Declaration of count.
Sec. 9-150b. Duties of moderators and municipal clerks. Declaration of count.
(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 deleted Subsec. (h)(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.