Conn. Gen. Stat. § 9-359

Absentee ballots

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Any (1) person who executes an absentee ballot for the purpose of informing any other person how he votes, or procures any absentee ballot to be prepared for such purpose, (2) municipal clerk or moderator, elector appointed to count any absentee ballot or other person who wilfully attempts to ascertain how any elector marked his absentee ballot or how it was cast, (3) person who unlawfully opens or fills out, except as provided in section 9-140a with respect to a person unable to write, any elector's absentee ballot signed in blank, (4) person designated under section 9-140a who executes an absentee ballot contrary to the elector's wishes, or (5) person who wilfully violates any provision of chapter 145, shall be guilty of a class D felony.

(1949 Rev., S. 1149; 1953, S. 836d; P.A. 74-96, S. 8, 9; P.A. 86-179, S. 45, 53; P.A. 95-177, S. 4, 7.)

History: P.A. 74-96 deleted “subject to the penalties provided in section 9-306” and substituted “guilty of a class D felony”, effective January 1, 1975; P.A. 86-179 made technical changes; P.A. 95-177 divided section into Subdivs., added Subdiv. (4) re certain persons designated under Sec. 9-140a and made technical changes, effective January 1, 1996.

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Notes of Decisions

Cited in 4 cases, 1987–2018 · leading case: Keeley v. Ayala

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Keeley v. Ayala (2018) conn · cites it 4× “The defendants also claim that § 9-140b must be construed liberally because, pursuant to General Statutes § 9-359 (5), a violation of § 9-140b carries criminal consequences.”

Concerned Citizens of Sterling v. Town of Sterling (1987) conn “In connection with its investigation of any alleged violation of any provision of Chapter 144a or 145, or of any provision of section 9-359 or section 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination…”

In re Election of the United States Representative for the Second Congressional District (1994) conn “he primary, election or referendum at which the ballot is to be cast and, if the absentee ballot is to be cast at a primary, the name of the party holding the primary and (2) a notice, sufficient to warn any person handling the ballot, of the restrictions set forth in section…”

Democratic National Committee v. Republican National Committee (2009) njd “Code § 17-17-24(a) (1975) (categorizing absentee ballot fraud as a “class C felony”); Conn. Gen.Stat. § 9-359(a) (1975) (categorizing absentee ballot fraud as a "class D felony”); Ind.”

— Conn. Gen. Stat. § 9-359(a) — 1 case

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