2005 Connecticut Code - Sec. 9-263. Use of paper ballots when voting machine damaged.

      Sec. 9-263. Use of paper ballots when voting machine damaged. If any voting machine used in any voting district, during the time the polls are open, becomes damaged so as to render it inoperative in whole or in part, the moderator shall immediately give notice thereof to the registrars of voters under whose direction the machine was prepared under section 9-243 and such registrars, if possible, shall substitute a perfect machine for the damaged machine, and, at the close of the polls, the records of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining and determining the result of the election. If no other machine is in use in the polling place such registrars shall immediately permit the use by the electors of emergency paper ballots provided by the municipal clerk to the moderator pursuant to section 9-259. Such ballots shall be received by the election officials and placed by them in a receptacle to be provided therefor and counted with the votes registered on the voting machine and the result declared in the same manner as if there had been no accident to the voting machine. The emergency paper ballot shall be an absentee ballot. Emergency paper ballots shall be cast in the following manner. The elector shall announce the elector's name to the checkers who shall cross the elector's name off the registry list and add it with the elector's address to the end of the official checklist where it shall be designated "Emergency Paper Ballot" or "EPB" and serially numbered. After the elector has so announced the elector's name, the moderator shall deliver to such elector an emergency paper ballot together with the serially numbered envelope. The elector shall forthwith mark the ballot in the presence of the moderator in such manner that the moderator shall not know how the ballot is marked. The elector shall then fold the ballot in the presence of the moderator so as to conceal the markings and deposit and seal it in the serially numbered envelope. The elector shall then deliver the envelope to the moderator who shall place it in a specially designated depository envelope. The emergency paper ballots thus received shall be counted at the next scheduled absentee ballot count in the same manner as other absentee ballots, provided no such ballot may be counted unless all provisions of this section have been complied with. Such ballots so counted shall be preserved by replacing them into the special depository envelopes along with a certificate signed by the moderator and registrars of voters setting forth the circumstances under which such emergency paper ballots were cast. Use of emergency paper ballots shall be discontinued immediately upon replacement or repair of at least one machine, provided no repair shall be made on a voting machine on which any vote was cast, unless such repair would not affect the manner in which votes are recorded on such machine, as provided in subsection (b) of section 9-246.

      (1949 Rev., S. 1206; 1953, S. 739d; 1957, P.A. 561, S. 18; 1959, P.A. 487, S. 5; P.A. 80-339, S. 2; P.A. 95-185, S. 2; P.A. 00-79, S. 2; P.A. 04-113, S. 7.)

      History: 1959 act placed duties re damaged machine on registrars rather than selectmen, wardens and mayors; P.A. 80-339 provided that if no other machine is in use in the polling place, registrars to immediately permit use of emergency paper ballots (an absentee ballot) and prescribes manner in which they shall be voted and further provided for discontinued use immediately upon replacement or repair of at least one machine; P.A. 95-185 added proviso that no ballot may be counted unless all provisions of section have been complied with; P.A. 00-79 inserted "provided by the municipal clerk to the moderator pursuant to section 9-259" after "emergency paper ballots" in provision authorizing use of paper ballots in instances where sole voting machine in use at a polling place malfunctions, and made technical changes; P.A. 04-113 added provision prohibiting repair of voting machine on which any vote was cast unless repair would not affect manner in which votes are recorded on such machine, effective May 21, 2004.

      See note to Sec. 9-261.