Sec. 9-311. Recanvass in case of discrepancy.
Sec. 9-311. Recanvass in case of discrepancy. (a) If, within three days after an
election, it appears to the moderator that there is a discrepancy in the returns of any
voting district, such moderator shall forthwith within said period summon, by written
notice delivered personally, the recanvass officials, consisting of the mechanic or mechanics, at least two checkers of different political parties and at least two absentee
ballot counters of different political parties who served at such election, and the registrars
of voters and the clerk of the municipality in which the election was held. Such written
notice shall require such clerk to bring with him the depository envelopes required by
section 9-150a, the package of write-in ballots provided for in section 9-310, the absentee
ballot applications, the list of absentee ballot applications, the registry list and the moderators' returns and shall require such recanvass officials to meet at a specified time not
later than the fifth business day after such election to recanvass the returns of a voting
machine or voting machines or absentee ballots or write-in ballots used in such district
in such election. If any of such recanvass officials are unavailable at the time of the
recanvass, the registrar of voters of the same political party as that of the recanvass
official unable to attend shall designate another elector having previous training and
experience in the conduct of elections to take his place. Before such recanvass is made,
such moderator shall give notice, in writing, to the chairman of the town committee of
each political party which nominated candidates for the election, and, in the case of a
state election, to the Secretary of the State, of the time and place where such recanvass
is to be made; and each such chairman may send two representatives to be present at
such recanvass. Such representatives may observe, but no one other than a recanvass
official may take part in the recanvass. If any irregularity in the recanvass procedure is
noted by such a representative, he shall be permitted to present evidence of such irregularity in any contest relating to the election.
(b) The moderator shall determine the place or places where the recanvass shall be
conducted and, if such recanvass is held before the machines are boxed and collected
in the manner required by section 9-266, the moderator may either require that such
recanvass of such machines be conducted in each place where the machines are located,
or he may require that they be removed to one central place, where such recanvass shall
be conducted. All recanvassing procedures shall be open to public observation. Such
recanvass officials shall, in the presence of such moderator and clerk, make a record of
the number on the seal and the number on the protective counter, if one is provided, on
each voting machine specified by such moderator. Such clerk in the presence of such
moderator shall turn over the keys of each such machine to such recanvass officials, and
such recanvass officials, in the presence of such clerk and moderator, shall immediately
proceed to open the counter compartment of each such machine and, without unlocking
such machine against voting, recanvass the vote cast thereon, and shall then open the
package of absentee ballots and recanvass the vote cast thereon. In the course of the
recanvass of the absentee ballot vote the recanvass officials shall check all outer envelopes for absentee ballots against the inner envelopes for such ballots and against the
registry list to verify postmarks, addresses and registry list markings and also to determine whether the number of envelopes from which absentee ballots have been removed
is the same as the number of persons checked as having voted by absentee ballot. The
write-in ballots shall also be recanvassed at this time. All of the recanvass officials shall
use the same forms for tallies and returns as were used at the original canvass and the
absentee ballot counters shall also sign the tallies.
(c) The votes shall be announced and recorded in the manner prescribed in section
9-309 on return forms provided by the municipal clerk and appended thereto shall be a
statement signed by the moderator indicating the time and place of the recanvass and
the names, addresses, titles and party affiliations of the recanvass officials. The write-in ballots shall be replaced in a properly secured sealed package. Upon the completion
of such recanvass, such machine shall be locked and sealed, the keys thereof shall immediately be returned to such clerk and such machine shall remain so locked until the
expiration of fourteen days after such election or for such longer period as is ordered
by a court of competent jurisdiction. The absentee ballots shall be replaced in their
wrappers and be resealed by the moderator in the presence of the recanvass officials.
Upon the completion of such recanvass, such moderator and at least two of the recanvass
officials of different political parties shall forthwith prepare and sign such return forms
which shall contain a written statement giving the result of such recanvass for each
machine and each package of absentee ballots whose returns were so recanvassed, setting
forth whether or not the original canvass was correctly made and stating whether or
not the discrepancy still remains unaccounted for. Such return forms containing such
statement shall forthwith be filed by the moderator in the office of such clerk. If such
recanvass reveals that the original canvass of returns was not correctly made, such return
forms containing such statement so filed with the clerk shall constitute a corrected return.
In the case of a state election, a recanvass return shall be made in duplicate on a form
prescribed and provided by the Secretary of the State, and the moderator shall file one
copy with the Secretary of the State and one copy with the town clerk not later than ten
days after the election. Such recanvass return shall be substituted for the original return
and shall have the same force and effect as an original return.
(d) As used in this section, (1) "moderator" means, in the case of municipalities not
divided into voting districts, the moderator of the election and, in the case of municipalities divided into voting districts, the head moderator of the election, and (2) "registrars
of voters", in a municipality where there are different registrars of voters for different
voting districts, means the registrars of voters in the voting district in which, at the last-preceding election, the presiding officer for the purpose of declaring the result of the
vote of the whole municipality was moderator.
(1949 Rev., S. 1214; 1953, S. 789d; 1957, P.A. 526, S. 5; 1959, P.A. 527, S. 1; 1963, P.A. 311, S. 1; 1967, P.A. 885,
S. 2; 1971, P.A. 836, S. 2; P.A. 77-239, S. 1; P.A. 85-382, S. 1; P.A. 93-30, S. 9, 14; P.A. 95-88, S. 3.)
History: 1959 act included recanvass of absentee ballots; 1963 act required duplicate of moderator's statement of
recanvass in state election be sent to secretary and provided corrected return be substituted for and have effect of original;
1967 act provided for written notice of a recanvass for discrepancy to be delivered personally to recanvass officials as
specified and the registrars of voters requiring recanvass officials to meet at specified time and if such officials unable to
attend, registrars to designate another elector of same party to substitute, also provided for notice to secretary of the state
in the case of a state election, substituted "recanvass officials" for "election officials" throughout, provided for moderator
to determine where recanvass to occur, provided for votes cast by absentee ballots to be announced and recorded as
prescribed in Sec. 9-309 on forms provided by municipal clerk with statement signed by moderator appended indicating
time, place and particulars concerning recanvass officials, further provided that, in addition to moderator, at least two of
the recanvass officials of different political parties to prepare and sign return forms, deleted provision for witnessing of
the forms; where recanvass reveals original canvass of returns not correctly made, provided that return forms containing
such statement filed with the clerk shall constitute a corrected return, changed provision in the case of a state election so
that recanvass return made on form provided by secretary of the state and in addition to copy filed with latter and copy to
be filed with town clerk, substituted "recanvass return" for "corrected return" in the provision for the return to be substituted
for the original return, further provided that term "registrars of voters" in municipality having different registrars for
different voting districts means the registrars in the voting district in which at the last-preceding election, the presiding
officer for purposes of declaring result of vote of the whole municipality was moderator; 1971 act deleted "or chief" from
"head or chief moderator" and also the proviso that where "there is no head or chief moderator, the moderator of the first
district"; P.A. 77-239 included write-in votes as a part of the recanvass; P.A. 85-382 required clerk to bring absentee ballot
applications, list of absentee ballot applications, registry list, moderators' returns and depository envelope for recanvass,
required designated elector to have training and experience in the conduct of elections, required that no one other than
recanvass official take part in recanvass, allowed representative to present evidence of any irregularity, mandated that
procedures be open to public, required recanvass officials to check outer envelopes for absentee ballots against inner
envelopes for such ballots and against the registry list to verify postmarks, addresses and registry list markings, required
determination of whether the number of envelopes correspond with number of persons checked as voting by absentee
ballot, required officials to use same forms for tallies and returns as used at original recanvass, and required absentee ballot
counters to sign the tallies; P.A. 93-30 made technical changes, effective July 1, 1993; P.A. 95-88 divided section into
Subsecs., amended Subsec. (a) to change time of recanvass officials' meeting from within 5 business days after election
to not later than fifth business day after election, and amended Subsec. (c) to change number of days machine remains
locked from 10 to 14.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Cited. 231 C. 602.
Cited. 10 CS 316.
See also annotations to Sec. 9-310.