Citing concerns about the spread of Covid-19, Gov. Ned Lamont issued an executive order Wednesday decreeing that all registered Democrats and Republicans can vote in the Aug. 11 party primaries by mail-in absentee ballot.
Secretary of the State Denise Merrill had already begun preparing to mail all registered party voters absentee ballots.
City and town clerks will be able to set up secure drop boxes for absentee ballots as an alternative to people mailing them.
“Nobody should need to make a decision between their health and their right to vote,” Lamont is quoted in a statement released by his office. “Our state has taken every responsible step to this point to ensure that our residents are safe, and the next step we must take is to mitigate the risk of the spread of COVID-19 when Connecticut residents cast their ballots. We must guarantee access to the ballot, and this is a way to do that during these extraordinary circumstances. I do not take this decision lightly, and it is with the public health and welfare of residents in mind.”
In his order, Lamont also noted that many poll workers are 60 or older — making them particularly vulnerable to severe effects from Covid-19.
The text of the executive order follows:
EXECUTIVE ORDER NO. 7QQ
PROTECTION OF PUBLIC HEALTH AND SAFETY DURING COVID-19 PANDEMIC AND RESPONSE – SAFE VOTING DURING STATEWIDE PRIMARY
WHEREAS, on March 10, 2020, I issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and Connecticut; and
WHEREAS, pursuant to such declaration, I have issued forty-three (43) executive orders to suspend or modify statutes and to take other actions necessary to protect public health and safety and to mitigate the effects of the COVID-19 pandemic; and
WHEREAS, COVID-19 is a respiratory disease that spreads easily from person to person and may result in serious illness or death; and
WHEREAS, the World Health Organization has declared the COVID-19 outbreak a pandemic; and
WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention (CDC) and the Connecticut Department of Public Health (DPH) recommend implementation of community mitigation strategies to slow transmission of COVID-19, including cancellation of gatherings of ten people or more and social distancing in smaller gatherings; and
WHEREAS, the risk of severe illness and death from COVID-19 is higher for individuals who are 60 or older and for those who have chronic health conditions; and
WHEREAS, public health experts have determined that it is possible to transmit COVID-19 even before a person shows symptoms and through aerosol transmission; and
WHEREAS, a statewide primary election is scheduled for August 11, 2020, to select candidates for various state offices and for the 2020 federal presidential election; and
WHEREAS, a significant portion of poll workers and volunteers are 60 or older; and
WHEREAS, because elderly registered voters consistently demonstrate the highest rate of voter turnout, providing an alternative to in-person voting could be particularly helpful in reducing the risk of transmission during voting among this population; and
WHEREAS, public health experts have indicated that persons infected with COVID-19 may not show symptoms, and transmission or “shedding” of the coronavirus that causes COVID-19 may be most virulent before a person shows any symptoms; and
WHEREAS, the CDC has recommended that people with mild symptoms consistent with COVID-19 be assumed to be infected with the disease; and
WHEREAS, public health experts have recommended that, to prevent transmission of COVID- 19, and in light of the risk of asymptomatic transmission and a significant rate of false negative tests, everyone should assume they can be carrying COVID-19 even when have received a negative test result or do not have symptoms; and
WHEREAS, secure and tamper-proof drop boxes manufactured specifically for the purpose of voting offer a safe and secure way for voters to deliver absentee ballots to election officials without in-person interactions that could increase the risk of transmission of COVID-19; and
WHEREAS, absentee voting offers a proven method of secure voting that reduces the risk of transmission of COVID-19 by allowing individuals to vote by mail and by reducing the density of in-person voting at polling places; and
WHEREAS, upon a proclamation that a civil preparedness emergency exists, section 28 – 9(b) of the Connecticut General Statutes authorizes the modification or suspension in whole or in part by executive order of any statute or regulation or requirement or part thereof that conflicts with the efficient and expeditious execution of civil preparedness functions or the protection of public health; and
WHEREAS, the General Assembly is not in session, there is no announced schedule to reconvene in special session, and no committee hearings have been scheduled to take up any business; and
WHEREAS, the drafting, circulation and review of new or amended regulations is hindered by the limited access to information technology resources and source documents for state employees involved in such processes, the majority of whom continue to work from home to mitigate the transmission of COVID-19, and therefore it is not possible to both follow the requirements of the Uniform Administrative Procedures Act respond efficiently and expeditiously to the COVID-19 pandemic and mitigate its effects;
NOW, THEREFORE, I, NED LAMONT, Governor of the State of Connecticut, by virtue of the authority vested in me by the Constitution and the laws of the State of Connecticut, do hereby ORDER AND DIRECT:
1. Absentee Voting Eligibility During COVID-19 Pandemic. Section 9 – 135 of the Connecticut General Statutes is modified to provide that, in addition to the enumerated eligibility criteria set forth in subsection (a) of that statute, an eligible elector may vote by absentee ballot for the August 11, 2020 primary election if he or she is unable to appear at his or her polling place during the hours of voting because of the sickness of COVID-19. For purposes of this modification, a person shall be permitted to lawfully state he or she is unable to appear at a polling place because of COVID-19 if, at the time he or she applies for or casts an absentee ballot for the August 11, 2020 primary election, there is no federally approved and widely available vaccine for prevention of COVID-19. It shall not constitute a misrepresentation under subsection (b) of Section 9 – 135 of the General Statutes for any person to communicate the provisions of this modification to any elector or prospective absentee ballot applicant.
2. Notice of Modification Required on Inner Envelope. Section 9 – 137 of the Connecticut General Statutes is modified to provide that it shall not constitute a false statement for an elector to represent his or her eligibility to vote by absentee ballot pursuant to the modifications of Section 9 – 135 in Section 1 of this order, and the inner envelope described in Section 9 – 137 shall contain a notice describing the modification in Section 1 of this order.
3. Authority for Secretary of the State to Modify Absentee Ballot Applications, Envelopes, and Printed Materials Regarding Eligibility. Notwithstanding any provision of Title 9 of the Connecticut General Statutes or any other law or regulation to the contrary, the Secretary of the State shall be authorized to modify any required notice, statement, or description of the eligibility requirements for voting by absentee ballot on any printed, recorded, or electronic material in order to provide accurate information to voters about the modifications to absentee voter eligibility and related requirements of this order.
4. Authority to Issue Absentee Ballots. Section 9 – 140(g) of the Connecticut General Statutes is modified and suspended to permit the municipal clerk to use a third party mailing vendor that has been approved and selected by Secretary of the State to fulfill the municipal clerk’s duties to mail absentee voting sets for the August 11, 2020 primary election. All other requirements of Section 9 – 140(g) continue to apply.
5. Modification of Requirement that Absentee Ballots be Returned by Mail or In Person. Section 9 – 140b(c) of the Connecticut General Statutes is modified to provide that the term “mailed” shall include the act of depositing an absentee ballot for the August 11, 2020 primary in a secure drop box designated by the town clerk for that purpose in accordance with instructions to be provided by the Secretary of the State. All other requirements of Section 9 – 140b(c) continue to apply.
6. Clarification that Commissioner Orders Issued Pursuant to the Governor’s Executive Orders Are Not Regulations Subject to the UAPA. Section 4 – 166(16) of the Connecticut General Statutes is modified to clarify that the definition of a regulation does not include any amendment or repeal of an existing regulation and any directive, rule, guidance, or order issued by a Commissioner or Department Head pursuant to a Governor’s Executive Order during the existing civil preparedness and public health emergency and any renewal or extension thereof. Notwithstanding Sections 4 – 166 to 189, inclusive, of the Connecticut General Statutes, any Commissioner or Department Head, as permitted or directed by any such Governor’s executive order, may modify or suspend any regulatory requirements adopted by the Commissioner or Department Head that they deem necessary to reduce the spread of COVID-19 and to protect the public health. This section applies to all orders that have been issued since the declaration of public health and civil preparedness emergencies on March 10, 2020 and for the duration of the public health and civil preparedness emergency, including any period of renewal of such emergency declaration.
Unless otherwise specified herein, this order shall take effect immediately and remain in effect for the duration of the public health and civil preparedness emergency, unless earlier modified, extended or terminated.
Dated at Hartford, Connecticut, this 20th day of May, 2020.
By His Excellency’s Command
__________________________
Denise W. Merrill Secretary of the State
Ned Lamont Governor
This doesn't go far enough.
First of all, we shouldn't have to go through what is likely to be a chaotic and cumbersome process with absentee ballot applications.
California Governor Gavin Newsom has taken a much simpler, more efficient, and more democratic approach: mailing every voter a ballot.
Not just an application.
At the very least, Connecticut should have what New York City and other places have, an online method to request an absentee ballot. You shouldn't have to mail an absentee ballot application into The town clerk in order to get your ballot.
And of course this order doesn't cover November at all.
A lot of work to do. We can't let COVID kill the right to vote.