General Assembly Raised Bill No. 6332
January Session, 2011 LCO No. 3152
*03152_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 6332
January Session, 2011
LCO No. 3152
*03152_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING PRIMARIES, PETITION AND BALLOT PREPARATION LAWS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 9-309 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As soon as the polls are closed and all ballots have been cast, the moderator and the registrars of voters or assistant registrars of voters, in the presence of the other election officials, shall immediately lock the voting [machine] tabulator against voting and immediately [open the counting compartments, giving a full view of all the counter numbers to all the election officials present. The moderator shall, in the order of the offices as their titles are arranged on the machine, read and announce in distinct tones the result as shown by the counter numbers, giving the number indicated by each counter and indicating the candidate to whom such counter belongs, and shall read the votes recorded for each office on the voting machine ballot label. He shall also, in the same manner, announce the vote on each constitutional amendment, proposition or other question voted on. The vote] cause the vote totals tape from the tabulator for all candidates and questions to be produced. The votes so announced by the moderator from the tabulator tape shall be taken down by [each checker] the assistant registrars of voters and recorded on the tally [sheets. Each checker shall record the number of votes received for each candidate on the voting machine ballot label and also] sheet. After examining the write-in ballots, the number of votes received by each person for whom write-in ballots were cast shall be recorded on the tally sheet. [The counter compartment of the voting machine shall remain open until] After the statement of canvass and all other reports have been fully completed and signed by the moderator [, checkers] and registrars of voters, or assistant registrars of voters, as the case may be. The result of the votes cast shall be publicly announced by the moderator, who shall read and announce the vote on each constitutional amendment, propositions or other question the name of each candidate, with the designating number and letter [of his counter and the machine vote registered on such counter and the absentee vote as furnished the moderator by the absentee ballot counters; also the vote cast for and against each question submitted] on the tabulator tape, the number of hand counts produced for each amendment, proposition or other question, or candidate and the absentee vote totals, if any absentee ballots were counted in the polling place. While such announcement is being made, ample opportunity shall be given to any person lawfully present to compare the results so announced with the [counter dials of the machine and any] result totals provided by the tabulator tape. Any necessary corrections shall then and there be made by the moderator [, checkers] and registrars of voters or assistant registrars of voters, after which the [doors of the voting machine] tabulator shall be closed and locked in a secure location. In canvassing, recording and announcing the result, the election officials shall be guided by any instructions furnished by the Secretary of the State. [If the machine is equipped with a device for printing totals of candidate and question counters, and the device has been made operational at the instruction of both registrars of voters, the doors concealing the counters shall not be opened. The printed record produced by the machine shall be the official return, and the results of the votes as shown thereon shall be proclaimed in the same manner as herein provided and ample opportunity shall be given to any person lawfully present to inspect such printed records. If the moderator finds that the printed record is not clear, the doors concealing the counters shall be opened and counting shall proceed as with a machine which does not have such a device.]
Sec. 2. Section 9-369 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Whenever at any regular or special state or municipal election any vote for approval or disapproval of any constitutional amendment or any question or proposal is taken pursuant to the Constitution, the general statutes or any special act, unless otherwise provided, such election shall be warned and held, the vote on such amendment, question or proposal cast and canvassed and the result determined and certified as nearly as may be in accordance with the provisions governing the election of officers in the state or in such municipality. The warning for such election shall state that a purpose of such election is to vote for the approval or disapproval of such amendment, question or proposal and shall state the section of the Constitution or of the general statutes or the special act under authority of which such vote is taken. The vote on such amendment, question or proposal shall be taken by a "Yes" and "No" vote on the voting [machine] tabulator, and the designation of such amendment, question or proposal on the [voting machine ballot label] ballot shall be "Shall (here insert the question or proposal, followed by a question mark)". Such ballot [label] shall be provided for use in accordance with the provisions of section 9-250. The municipal clerk shall number on the ballot [label] the questions to be voted upon according to the order in which they will appear thereon, provided amendments to the Constitution shall be numbered by the Secretary of the State in numerical order based upon the dates on which resolutions proposing such amendments were passed, precedence being given to the earliest passed unless otherwise provided by the resolutions proposing such amendments. Each elector shall vote "Yes" if in favor of the amendment, question or proposal or "No" if not in favor thereof. [The registrars of voters shall cause an adhesive label, three inches high by four inches wide, upon which shall be imprinted, in clearly discernible lettering, the words "Vote on the Questions" to be affixed to the upper left-hand corner of each such voting machine, directly opposite the spaces provided for the amendment, question or proposal. Such adhesive labels shall be provided by the Secretary of the State upon receipt of a written order therefor from the registrars of voters, which order shall specify the number of such labels required.] If, upon the official determination of the result of such vote, it appears that a majority of all the votes so cast are in approval of such amendment, question or proposal, such amendment, question or proposal shall, unless otherwise provided, take effect forthwith.
Sec. 3. Subsections (b) and (c) of section 9-369a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(b) When the clerk of the municipality determines that the necessary action has been taken for submission of the question, he shall, at least forty-five days prior to the election, file in the office of the Secretary of the State a statement setting forth the designation of the question as it is to appear on the [voting machine ballot labels] ballot at the election, the date upon which the submitting action was taken and the reference to the law under which the action was taken. Such designation shall be in the form of a question, as provided in section 9-369, as amended by this act. Whenever it is specifically provided in the general statutes that any such question may be approved for such submission within the period of forty-five days prior to such an election, and action is taken to submit a question within such period, the clerk of the municipality shall file the statement required by this subsection with the Secretary of the State immediately upon the taking of such action.
(c) When action is taken for submission of a question, from the time of such action through the day of the election, the clerk of the municipality shall make the full text of the question and the designation which is to appear upon the [voting machine ballot labels] ballot available for public inspection. If the designation is not prescribed by law, the municipal clerk shall phrase the designation of the question in a form suitable for printing on the ballot. [label.] The warning of the election shall include a statement that the question is to be voted upon, the designation of the question to appear on the ballot, [labels,] and a statement that the full text of the question is available for public inspection in the municipal clerk's office.
Sec. 4. Subsection (c) of section 9-369c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Upon receipt of the written form of the question or proposal to be voted on at any such referendum, the municipal clerk, in consultation with the registrars of voters, shall immediately prepare and print absentee ballots for the referendum. The phrasing of the question or proposal on the absentee ballots shall be identical to the phrasing on the ballot [or ballot label] to be used for voting in person at the referendum.
Sec. 5. Section 9-377 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
At a primary, votes may be cast and counted only for duly qualified candidates at such primary whose names appear on the ballot [label] on primary day. [The write-in slides shall be covered on voting machines used at a primary, and no write-in spaces shall appear on the absentee ballots used at a primary.]
Sec. 6. Subsection (a) of section 9-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each endorsement of a candidate to run in a primary for the nomination of candidates for municipal office to be voted upon at a municipal election, or for the election of town committee members shall be made under the provisions of section 9-390 not earlier than the fifty-sixth day or later than the forty-ninth day preceding the day of such primary. The endorsement shall be certified to the clerk of the municipality by either (1) the chairman or presiding officer, or (2) the secretary of the town committee, caucus or convention, as the case may be, not later than four o'clock p.m. on the forty-eighth day preceding the day of such primary. Such certification shall contain the name [and] of each such endorsed candidate as the candidate authorizes it to appear on the ballot, the signature of each such endorsed candidate, the street address of each person so endorsed, the title of the office or the position as committee member and the name or number of the political subdivision or district, if any, for which each such person is endorsed. If such a certificate of a party's endorsement is not received by the town clerk by such time, such certificate shall be invalid and such party, for purposes of sections 9-417, 9-418 and 9-419, shall be deemed to have neither made nor certified such endorsement of any candidate for such office.
Sec. 7. Section 9-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except as provided in sections 9-418 and 9-419, if in any municipality, within the time specified in section 9-405, a candidacy for nomination by a political party to any municipal office or for election as a town committee member is filed with the registrar of voters, in conformity with the provisions of sections 9-405 to 9-412, inclusive, and section 9-414, by or on behalf of any person other than party-endorsed candidates, the registrar of voters shall forthwith after the deadline for certification of party-endorsed candidates notify the clerk of such municipality that a primary is to be held by such party for the nomination of such party to such office or for the election by such party of town committee members, as the case may be. Such notice shall include a list of all the proposed candidates, those endorsed as well as those filing candidacies, together with their addresses and the titles of the offices or positions for which they are candidates. In the case of a primary for justices of the peace, such notice shall also contain the complete ballot [label] designation of each slate pursuant to subsection (h) of section 9-437, as amended by this act. The clerk of the municipality shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such municipality, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls. [, and shall send a copy of such notice to the Secretary of the State and record the same] The clerk of the municipality shall also file such notice with the Secretary of the State not later than three business days after receipt of such notice from the registrar of voters. The clerk of the municipality shall forthwith publish any change in the proposed candidates, listing such changes.
Sec. 8. Section 9-436 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Voting [machines] tabulators shall be used at each primary, provided, (1) if, because of the number of offices and positions to be voted upon at a primary, there is an insufficient number of vertical columns on any [machine] ballot to be used in a municipality, the vote in such municipality at such primary for such offices or positions as the Secretary of the State determines shall be taken by paper ballots, and (2) if, because of the number of candidates for any office or position to be voted upon at a primary, there is an insufficient number of horizontal rows with respect to such office or position on any [machine] ballot to be used in the municipality, the vote in such municipality at such primary for such office or position shall be taken by paper ballots. More than one voting [machine] tabulator may be used in any voting district if the registrar of voters so prescribes. The registrar of voters shall furnish a number of voting machines sufficient to provide a voting [machine] booth for each [twenty-four] five hundred or fraction of [twenty-four] five hundred electors eligible to vote at such primary in the municipality or voting district, as the case may be, and other necessary equipment. In each polling place in which a party has authorized unaffiliated electors, pursuant to section 9-431, to vote for some but not all offices to be contested at the primary, a separate voting [machine] tabulator shall be used for such unaffiliated electors and the registrar of voters shall separately furnish one voting [machine] booth for each [twenty-four] five hundred or fraction of [twenty-four] five hundred enrolled party members and one voting machine for each [twenty-four] five hundred or fraction of [twenty-four] five hundred unaffiliated electors authorized to vote at such primary in such district. In determining such number of electors, enrolled party members or unaffiliated electors, the registrar of voters shall not count the names on the enrollment or registry lists of seventy-five per cent of such electors, unaffiliated electors or enrolled party members who reside in institutions, as defined in section 9-159q. The registrar of voters may provide more than the minimum number of voting [machines] booths required by this section.
[(b) The registrar shall appoint a suitable mechanic or mechanics to prepare, adjust and place the voting machines for use at the primary under the direction of the registrar. A voting machine mechanic shall be deemed a primary official but need not be an elector of any town.]
[(c)] (b) Each [machine] tabulator shall be so arranged that the elector may vote for as many persons for nomination or election to each office or position as there are persons to be nominated or elected, as the case may be, and no more, and so that the elector may vote for individual candidates; provided the vote for justices of the peace shall be by slate, as provided in section 9-443.
[(d)] (c) The registrar of voters shall appoint from among the enrolled party members in the [municipality or political subdivision holding the primary, as the case may be,] state or any elector to serve in each polling place, the primary polling place officials, who shall consist of one moderator, at least one and not more than two official checkers, [not more than two challengers if he deems it necessary,] and at least one and not more than two voting [machine] tabulator tenders for each [machine] tabulator in use at such primary and, in towns with two or more voting districts at least one and not more than two assistant registrars of voters from the municipality, provided (1) [in the case of a political subdivision holding a primary, if no enrolled party member who resides in the political subdivision and who is a certified moderator consents to serve as a moderator, the registrar may appoint any enrolled party member who resides in the municipality and is a certified moderator to be moderator, (2)] in the case of either a municipality or a political subdivision holding a primary, if no enrolled party member can be found or no such person consents to serve as a moderator, the registrar of voters may appoint any elector who resides in the [municipality] state and is a certified moderator to be moderator, [(3)] (2) in the case of a political subdivision holding a primary, if an insufficient number of enrolled party members who reside in the political subdivision consent to serve as official checkers, challengers, voting machine tenders or assistant registrars of voters, the registrar of voters may appoint any enrolled party member who resides in the [municipality] state to be [a] an official checker, challenger, ballot clerk or voting [machine] tabulator tender, [or assistant registrar and (4)] (3) in the case of either a municipality or a political subdivision holding a primary, if a sufficient number of enrolled party members cannot be found or do not consent to serve in a position described in subdivision [(3)] (2) of this subsection, the registrar of voters may appoint any elector who resides in the [municipality] state to any such position, except the assistant registrars of voters who shall be from the municipality, and (4) in the case of either a municipality or a political subdivision holding more than one primary on the same day for different political parties, one certified moderator may serve as moderator for both primaries, if the registrars of voters so agree. If unaffiliated electors are authorized under section 9-431 to vote for some but not all of the offices to be contested at the primary, the registrar of voters shall appoint one and not more than two additional official checkers to check the list of unaffiliated electors who are authorized to vote on the [separate machines] tabulators. If unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties in the same polling place, whether for some or for all offices to be contested at the primary, each such registrar of voters shall appoint one and not more than two additional official checkers to check the list of unaffiliated electors who are authorized to vote in either such primary.
[(e)] (d) The registrar of voters shall designate one of the moderators so appointed by the registrar of voters to be head moderator or shall appoint as head moderator an elector who is not also moderator of a polling place and who shall be deemed a primary official. The registrar of voters may also appoint a deputy head moderator to assist the head moderator in the performance of [his] the duties. A deputy head moderator shall also be deemed to be a primary official. Each registrar's appointments of primary polling place officials, except moderators of polling places, and of designees to conduct supervised voting of absentee ballots pursuant to sections 9-159q and 9-159r shall be divided equally, as nearly as may be, between designees of the party-endorsed candidates and designees of one or more of the contestants, provided, if a party-endorsed candidate is a member of a party other than the one holding the primary. [, such primary officials, except voting machine mechanics, shall be enrolled party members of the party holding the primary.] Names of designees and alternate designees for such positions shall be submitted in writing by party-endorsed candidates and contestants to the registrar of voters not later than ten days before the primary, except that names of designees and alternate designees for the position of moderator shall be so submitted not later than twenty-one days before the primary and [, if such lists are not so presented,] all such appointments shall be made by the registrar [but in] of voters taking into consideration the above-mentioned proportion. The registrar of voters shall notify all such candidates and contestants of their right to submit a list of designees under this section. Notwithstanding any other provision of this section, the registrar of voters shall appoint as moderators only persons who are certified to serve as moderators or alternate moderators pursuant to section 9-229, unless there is an insufficient number of such persons, [who are enrolled members of the registrar's party in the municipality or political subdivision holding the primary,] in which case the registrar of voters may appoint a new moderator in accordance with section 9-229, but only to the extent of such insufficiency. Primary central counting moderators and absentee ballot counters shall also be deemed primary officials. No primary official shall perform services for any candidate at the primary on primary day.
[(f)] (e) If paper ballots are required for the vote on any office or position in a municipality, the [clerk of the municipality] registrar of voters shall print a paper ballot for use in such primary for nomination to such office or election to such position. The Secretary of the State shall prescribe the form of such paper ballot. The Secretary of the State may prescribe general rules for the use of paper ballots in any primary, including the duties of primary officials at the polls with regard to the same, the marking of the same and the counting of the same. The procedure to be followed when paper ballots are so used shall conform, as nearly as may be, to the procedure applicable to voting [machines] tabulators provided in this chapter and to the law governing the use of paper ballots in regular elections and such rules shall have the force and effect of law. Chapter 54 shall not apply to rules made pursuant to this section.
[(g)] (f) The provisions of section 9-258, as amended by this act, concerning additional lines of electors at a polling place, and of section 9-258a concerning two shifts of officials at a polling place, shall apply to a primary. Except as otherwise provided in this chapter, the provisions of the general statutes relating to the use of voting [machines] tabulators at regular elections shall apply as nearly as may be to the use of voting [machines] tabulators at primaries.
Sec. 9. Subsection (b) of section 9-453o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Except as otherwise provided in this subsection, the Secretary of the State shall approve every nominating petition which contains sufficient signatures counted and certified on approved pages by the town clerks. In the case of a candidate who petitions under a reserved party designation the secretary shall approve the petition only if it meets the signature requirement and if a statement endorsing such candidate is filed with the secretary by the party designation committee not later than four o'clock p.m. on the [fifty-fifth] sixty-second day before the election. In the case of a candidate who petitions under a party designation which is the same as the name of a minor party the secretary shall approve the petition only if it meets the signature requirement and if a statement endorsing such candidate is filed in the office of the secretary by the chairman or secretary of such minor party not later than four o'clock p.m. on the [fifty-fifth] sixty-second day before the election. No candidate shall be qualified to appear on any ballot by nominating petition unless the candidate's petition is approved by the secretary pursuant to this subsection.
Sec. 10. Section 9-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Petition forms for candidacies for nomination to municipal office or for election as members of town committees shall be available from the registrar of voters beginning on the day following the making of the party's endorsement of a candidate or candidates for such office or position, or beginning on the day following the final day for the making of such endorsement under the provisions of section 9-391, as amended by this act, whichever comes first. Any person who requests a petition form shall give his name and address and the name, address and office or position sought of each candidate for whom the petition is being obtained, and shall file a statement signed by each such candidate that he consents to be a candidate for such office or position. [In the case of the municipal offices of state senator and state representative, each] Each such candidate shall include on the statement of consent his name as he authorizes it to appear on the ballot. Upon receiving such information and statement, the registrar of voters shall type or print on a petition form the name and address of each such candidate, the office sought and the political party holding the primary. The registrar of voters shall give to any person requesting such form one or more petition pages, suitable for duplication, as the registrar of voters deems necessary. If the person is requesting the form on behalf of an indigent candidate or a group of indigent candidates listed on the same petition, the registrar of voters shall give the person a number of petition pages determined by the registrar of voters as at least two times the number needed to contain the required number of signatures for a candidacy for nomination to municipal office or a number of petition pages determined by the registrar of voters as at least five times the number needed to contain the required number of signatures for a candidacy for election as a town committee member. An original petition page filled in by the registrar of voters may be duplicated by or on behalf of the candidate or candidates listed on the page and signatures may be obtained on such duplicates. The duplicates may be filed in the same manner and shall be subject to the same requirements as original petition pages. All information relative to primary petitions shall be a public record.
Sec. 11. Section 9-426 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
If only one candidacy has been filed by a person other than a party-endorsed candidate for the nomination by a political party to a particular office and the candidate whose candidacy has been so filed thereafter, but prior to the opening of the polls at such primary, dies, withdraws [his] such candidate's name from nomination or for any reason becomes disqualified to hold the office for which [he] such person is a candidate, no primary shall be held for the nomination of such party to that office and the party-endorsed candidate for such office shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacy other than a party-endorsed candidacy has been filed. If candidacies have been filed by only one group of persons other than party-endorsed candidates for election to a town committee, and the candidates whose candidacies have been so filed thereafter, but prior to the opening of the polls at such primary, die, withdraw their names from nomination or for any reason become disqualified to hold the positions for which they are candidates, so as to render the number of candidacies so filed less than twenty-five per cent of the number of town committee members to be elected by such party either in the municipality or in the political subdivision, as the case may be, no primary shall be held for those positions and the party-endorsed candidates for such positions shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacies other than party-endorsed candidacies have been filed. If any person on a slate, prior to the opening of the polls at such primary, dies, withdraws [his] such candidate's name from nomination or for any reason becomes disqualified to hold the position for which [he] such person is a candidate, such partial slate shall appear on the ballot [label] at the primary and, if such partial slate wins, then the remaining members may fill the vacancy. If only one such slate other than a slate of party-endorsed candidates has been filed for election and prior to the opening of the polls at such primary each of the persons on such slate dies, withdraws or becomes disqualified, no primary shall be held for those positions and the party-endorsed candidates for those positions shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacies other than party-endorsed candidacies have been filed.
Sec. 12. Section 9-437 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) At the top of each ballot [label] shall be printed the name of the party holding the primary, and each ballot [label] shall contain the names of all candidates to be voted upon at such primary, except the names of justices of the peace. The vertical columns shall be headed by the designation of the office or position and instructions as to the number for which an elector may vote for such office or position, in the same manner as a ballot [label] used in a regular election. The name of each candidate for town committee or municipal office [, except for the municipal offices of state senator and state representative,] shall appear on the ballot [label as it appears on the registry list of such candidate's town of voting residence] as the candidate authorizes it to appear on the ballot, pursuant to the certificate filed or the statement of consent filed, except as provided in section 9-42a. The name of each candidate for state or district office or for the municipal offices of state senator or state representative shall appear on the ballot as it appears on the certificate or statement of consent filed under section 9-388, 9-391, as amended by this act, 9-400 or 9-409, as amended by this act. On the first horizontal line, below the designation of the office or position in each column, shall be placed the name of the party-endorsed candidate for such office or position, such name to be marked with an asterisk; provided, where more than one person may be voted for for any office or position, the names of the party-endorsed candidates shall be arranged in alphabetical order from left to right under the appropriate office or position designation and shall continue, if necessary, from left to right on the next lower line or lines. In the case of no party endorsement there shall be inserted the designation "no party endorsement" at the head of the vertical column, immediately beneath the designation of the office or position. On the horizontal lines below the line for party-endorsed candidates shall be placed, in the appropriate columns, the names of all other candidates as hereinafter provided.
(b) (1) In the case of two or more such candidates for the same state or district office, precedence as to row shall be determined by the alphabetical order of the surnames of such candidates, except as provided under subdivision (2) of this subsection. (2) If a single certificate or a single petition has been filed under subsection (a) of section 9-400, as amended by this act, on behalf of two or more candidates and proposing one candidate for each state office to be contested at such primary, a single row shall be used for the names of such candidates and precedence as to row between such certificates and petitions shall be determined by the Secretary of the State by lot in a ceremony which shall be open to the public. The names of all other candidates for state office shall be placed in the appropriate columns in alphabetical order on the rows below the row or rows used for candidates whose names are contained in such a single certificate, certificates, single petition or petitions.
(c) Whenever the position of candidates or slates on the ballot [label] under the provisions of this section is affected by the time or order of filing of primary petitions, and the registrar of voters certifies in writing to the town clerk that (1) two or more of the petitions to which such provisions apply were filed simultaneously or (2) [he] the registrar of voters is unable to determine the time or order of filing of two or more such petitions, then for purposes of this section the order of filing of the petitions specified in the registrar's of voters certification shall be determined by the town clerk by lot in a ceremony which shall be open to the public.
(d) In the case of candidates for municipal office, a single row shall be used for the candidates whose names are contained in one primary petition, provided such petition proposes at least two candidates and the full number of candidates for each office to be contested at such primary as the party may nominate or choose thereat, precedence as to row being given to the candidates whose names appear in the first such petition filed, and so on in descending order.
(e) The names of candidates for town committee members which are contained in one primary petition shall be placed in a separate row, precedence as to row being given to the candidates whose names appear in petitions in the order determined in accordance with this subsection. Petitions filed by nine o'clock a.m. on the first business day following the day on which petitions become available shall be given precedence as to row based on the number of valid signatures filed, in descending order from the greatest to the least. Petitions filed after nine o'clock a.m. on the first business day following the day on which petitions become available shall be given precedence as to row based on the order in which they are filed, if such petitions are filed during the regular business hours of the office of the registrars of voters or during any different hours for said office required under the general statutes. Such order of precedence shall be determined separately for petitions proposing the full number of candidates which the party may choose at the primary and for petitions proposing fewer than such full number of candidates, and provided further that petitions proposing such full number of candidates shall have precedence as to row over petitions proposing fewer than such full number of candidates.
(f) Within such row or rows for those whose names are contained in one primary petition, where more than one person may be voted for any municipal office or position, such names shall be arranged in alphabetical order from left to right under the appropriate municipal office or position designation. The names of all other candidates shall be placed in the appropriate columns in alphabetical order on the horizontal lines below the line or lines used for candidates whose names are contained in one primary petition, if any; provided where more than one person may be voted for for any office or position, such names shall be arranged in alphabetical order from left to right under the appropriate office or position designation and shall continue, if necessary, from left to right on the next lower line or lines.
(g) The name of each candidate shall appear on the ballot [label] in such position as is hereinbefore required, and such position shall be determined as of the final time for filing candidacies specified in section 9-400, as amended by this act, or 9-405. Vacancies in candidacies thereafter occurring shall not cause the position of any candidate's name on the ballot [label] to be changed to another position. The name of any candidate whose candidacy has been vacated shall not appear on the ballot. [label. The voting machine pointer over each position where no candidate's name appears shall be locked so that no vote can be cast for such position.] If such a vacancy results in the cancellation of a primary for any office, the office column or columns where the names of the candidates and the title of the office would have appeared if the primary for that office had not been cancelled shall be left blank. If a vacancy occurs in a party-endorsed candidacy and a person is chosen in accordance with section 9-426, as amended by this act, or 9-428 to fill the resulting vacancy in candidacy, the name of the person so chosen shall appear in the same position as that in which the name of the vacating candidate appeared. The municipal clerk shall have the ballot [label] prepared so that the name of any candidate who has vacated [his] such candidate's candidacy is deleted and so that the name of any candidate chosen to fill a vacancy in candidacy appears in the same position as that in which the vacated candidacy appeared. The municipal clerk may use blank or printed stickers, as the case may be, in preparing the [ballot labels] ballots if the [ballot labels] ballots were printed before the occurrence of the vacancy in candidacy or the selection of a candidate to fill a vacancy in candidacy. The order of the offices and positions shall be as prescribed by the Secretary of the State.
(h) The names of candidates for election as justices of the peace shall not appear on the ballot. [label.] A single vertical column shall be used for all the candidates for election to the office of justice the peace of a particular town. The vertical column used for justices of the peace shall be headed by the words "justices of the peace". On the first horizontal line in the vertical column used for justice of the peace shall be placed the words "party-endorsed slate". On the second and succeeding horizontal lines, in the order of the time of filing, shall be placed the words "challenge slate", preceded, in quotation marks, by the letter designating such line. The municipal clerk, in consultation with the registrars of voters, shall prepare a list of the names of all candidates on each slate for election as justices of the peace, including the complete ballot [label] designation of each such slate as provided in this subsection, which shall be posted in the polling places by each moderator for the inspection of the electors prior to voting.
(i) The names of candidates for nomination to any elective office or for election as members of a town committee, as the case may be, shall be separated from each other by a light line, but shall not be separated from each other on the ballot [label] by names of candidates for any other office or position or by columns used for any other office or position; and the column or columns used for each office or position shall be separated from the columns used for other offices or positions by a heavy line.
(j) All [ballot labels] ballots used at a primary shall be prepared by the clerk of the municipality, in consultation with the registrars of voters, in which such primary is held and shall be printed at the expense of the municipality. Each municipality shall provide for all polling places:
(1) At least forty-eight hours before the primary, [such clerk] the registrar of voters shall have sample ballot labels for general distribution, which shall [be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballot labels are arranged for voting on the day of the primary or that portion thereof that will] contain the offices or positions and names of candidates to be voted upon. Each such sample ballot [label] shall also include printed instructions approved by the Secretary of the State concerning the use of the voting [machine] tabulator and information concerning the date of the primary and the hours during which polling places will be open. Such clerk shall have available for distribution such number of sample [ballot labels] ballots as [he] the registrar of voters deems advisable, but in no event less than [three] two which shall be posted inside the polling place so as to be visible to those within the polling place during the whole day of the primary. At least one of such sample [ballot labels] ballots shall be posted so as to be visible to an elector being instructed on the demonstrator [or spare voting machine] device, pursuant to section 9-260, as amended by this act. If paper ballots are used in any primary, such sample paper ballots shall be overprinted with the word "Sample";
(2) Instructions on how to cast a provisional ballot, as prescribed by the Secretary of the State;
(3) Instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, as prescribed by the Secretary of the State;
(4) General information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if such rights are alleged to have been violated, as prescribed by the Secretary of the State; and
(5) General information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation, as prescribed by the Secretary of the State.
(k) When unaffiliated electors are authorized under section 9-431 to vote for some but not all offices to be contested at a primary, (1) separate voting [machines] tabulators shall be used for the unaffiliated electors in a voting district, (2) the ballot label shall indicate that it is a partial ballot for unaffiliated electors, (3) the ballot [label] shall contain only the offices and names of candidates for which such electors may vote, with blank columns left wherever necessary to assure that each candidate's position is the same as on the full ballot for such primary in the voting district, and (4) three sample [ballot labels] ballots showing such partial ballot shall also be posted inside the polling place so as to be visible to such unaffiliated electors.
Sec. 13. Section 9-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
All minor parties nominating candidates for any elective office shall make such nominations and certify and file a list of such nominations, as required by this section, not later than the sixty-second day prior to the day of the election at which such candidates are to be voted for. A list of nominees in printed or typewritten form that includes each candidate's name as authorized by each candidate to appear on the ballot, the signature of each candidate, the full street address of each candidate and the title and district of the office for which each candidate is nominated shall be certified by the presiding officer of the committee, meeting or other authority making such nomination and shall be filed by such presiding officer with the Secretary of the State, in the case of state or district office or the municipal office of state representative, state senator or judge of probate, or with the clerk of the municipality, in the case of municipal office, not later than the sixty-second day prior to the day of the election. The [clerk] the registrars of voters of such municipality shall promptly verify and correct the names on any such list filed with him, or the names of nominees forwarded to [him] the clerk of the municipality by the Secretary of the State, in accordance with the registry list of such municipality and endorse the same as having been so verified and corrected. For purposes of this section, a list of nominations shall be deemed to be filed when it is received by the secretary or clerk, as appropriate.
Sec. 14. Section 9-453s of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Vacancies in candidacies occurring after all nominating petitions have been approved under section 9-453o, as amended by this act, shall not cause the position of any candidate's name on the ballot [label] to be changed to another position unless a blank row on the [machine] ballot results from such vacancy or vacancies in which case the position of candidates appearing on lines under the blank row may change if the consent of all candidates involved in such a change is filed in the Secretary of the State's office prior to the time for printing and filing sample [ballot labels] ballots with said secretary. The name of any candidate whose candidacy has been vacated shall not appear on the ballot. [label. The voting machine pointer over each position where no candidate's name appears shall be locked so that no vote can be cast in that position.]
Sec. 15. Section 9-461 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Not later than the seventh day following the date set for the primary for nomination at any election at which a municipal office is to be filled, the clerk of the municipality in which such election is to be held shall file with the Secretary of the State a list of the candidates of each party for the municipal offices to be filled at such election nominated in accordance with the provisions of this chapter. Such list shall be on a form provided by the Secretary of the State and shall indicate the name and address of each candidate and the office and term for which each candidate has been nominated, and, except for major party candidates for the municipal offices of state senator or state representative, shall contain the certification of such municipal clerk that he has compared the name of each such candidate with the candidate's name as [it appears on the registry list] the candidate authorizes it to appear on the ballot, pursuant to the certificate filed in accordance with subsection (c) of section 9-391, or the statement of consent filed in accordance with section 9-409, as amended by this act, as applicable, and has verified and corrected the same. In the case of major party candidates for the municipal offices of state senator or state representative, such list shall contain the certification of the [town] clerk of the municipality that [he] the clerk has compared the name of each such candidate with the candidate's name as the candidate has authorized, on the certificate or statement of consent filed under subsection [(b)] (c) of section 9-391 or section 9-409, as amended by this act, his name to appear, and has verified and corrected the same. Such list shall include a statement of the total number of candidates for which each elector may vote for each office and term at such election as set forth in the list or amendment or supplement thereto filed with the Secretary of the State under section 9-254. After the filing of such list of candidates, the clerk of the municipality shall forthwith notify the Secretary of the State of any errors in such list or of any changes in such list provided for in section 9-329a or 9-460.
Sec. 16. Section 9-476 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except as otherwise provided in this chapter, the provisions of chapter 145 and chapter 153 concerning absentee voting at primaries, conduct of primaries and return and tabulation of the vote at such primaries shall apply as nearly as practicable and in the manner prescribed by the [secretary] Secretary of the State, to a presidential preference primary. The primary officials of each party for each polling place shall be as specified in section 9-436, as amended by this act, except that (1) the appointment of assistant registrars of voters and absentee ballot counters shall be permitted but not required, (2) the minimum number of official checkers shall be one, (3) the minimum number of voting [machine] tabulator tenders shall be one for each [two] voting [machines] tabulator in use, (4) if two parties are holding primaries and the registrars of voters of such parties so agree, such registrars of voters may jointly appoint (A) one [enrolled member of either party to serve as] moderator of both primaries and (B) one enrolled member of either party to serve as head moderator of both primaries, (5) notwithstanding any reduction in the number of primary officials as permitted by this section, any duty required of primary officials by the general statutes may be performed by one or more primary officials, at the direction of the registrar of voters of the party of such officials and (6) the registrar of voters shall have the sole power to appoint such officials. In making such appointments the registrar shall attempt, to the extent practicable, to provide representation for each candidate at each polling place. The provisions of section 9-436a shall apply to each candidate whose name appears on the ballot, except that each such candidate, through [his] such candidate's authorized or known representative, may submit to the registrar of voters the name of one designee as candidate checker for each polling place, and the registrar of voters shall appoint such designee as candidate checker for such candidate. Notwithstanding the provisions of section 9-438, the polls shall be open for voting at the primary between the hours of six o'clock a.m. and eight o'clock p.m. The moderator or head moderator of the primary in each town shall prepare duplicate [lists of] head moderator returns in the manner provided by section 9-440, as amended by this act, but notwithstanding the provisions of said section, [he] the moderator or head moderator may electronically transmit such returns, provided a hard copy is mailed to the Secretary of the State not later than two days after such transmission or shall hand deliver one of such [lists] returns to either the secretary or the state police by two o'clock p.m. of the day following the primary. Any moderator or head moderator, as the case may be, who fails to deliver such list to either the secretary or the state police by such time shall pay a late filing fee of fifty dollars.
Sec. 17. Section 2-30a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) At such time as a proposed constitutional amendment [is] and its concomitant ballot question are approved by the General Assembly for presentation to the electors of the state for their consideration at a general election, the Office of Legislative Research shall prepare a concise explanatory text as to the content and purpose of the proposed constitutional amendment subject to the approval of the joint standing committee of the General Assembly having cognizance of constitutional amendments. Upon such approval, the Secretary of the State shall cause such proposed amendment and such explanatory text to be printed and transmitted to the [town clerk] registrars of voters in each town in the state in sufficient supply for public distribution.
(b) The Secretary of the State shall print the explanations of proposed constitutional amendments, as required by subsection (a) of this section, on posters of a size to be determined by said secretary and shall mail at least three such posters for every polling place within a town, to the [town clerk] registrars of voters. Said [clerk] registrars shall cause at least three such posters to be posted at each polling place at which electors shall be voting on such proposed constitutional amendments. Any posters received by [a town clerk] the registrars in excess of the number required by this subsection to be so posted may be displayed by said [clerk at his] registrars at their discretion at locations which are frequented by the public. No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 9-309
Sec. 2 from passage 9-369
Sec. 3 from passage 9-369a(b) and (c)
Sec. 4 from passage 9-369c(c)
Sec. 5 from passage 9-377
Sec. 6 from passage 9-391(a)
Sec. 7 from passage 9-435
Sec. 8 from passage 9-436
Sec. 9 from passage 9-453o(b)
Sec. 10 from passage 9-409
Sec. 11 from passage 9-426
Sec. 12 from passage 9-437
Sec. 13 from passage 9-452
Sec. 14 from passage 9-453s
Sec. 15 from passage 9-461
Sec. 16 from passage 9-476
Sec. 17 from passage 2-30a
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
9-309
Sec. 2
from passage
9-369
Sec. 3
from passage
9-369a(b) and (c)
Sec. 4
from passage
9-369c(c)
Sec. 5
from passage
9-377
Sec. 6
from passage
9-391(a)
Sec. 7
from passage
9-435
Sec. 8
from passage
9-436
Sec. 9
from passage
9-453o(b)
Sec. 10
from passage
9-409
Sec. 11
from passage
9-426
Sec. 12
from passage
9-437
Sec. 13
from passage
9-452
Sec. 14
from passage
9-453s
Sec. 15
from passage
9-461
Sec. 16
from passage
9-476
Sec. 17
from passage
2-30a
Statement of Purpose:
To allow registrars of voters to hire poll workers for primaries in accordance with presidential preference primaries and regular elections, to allow candidates to determine how their names appear on ballots, to divide responsibility of preparation of ballots between municipal clerks and registrars of voters, and to make technical changes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]