General Assembly Raised Bill No. 5531
February Session, 2012 LCO No. 1260
*01260_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 5531
February Session, 2012
LCO No. 1260
*01260_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING "PUBLIC DECLARATION" BY CANDIDATES AND CREATING A SEPARATE PETITIONING PROCESS FOR MINOR PARTY AND PETITIONING CANDIDATES TO RECEIVE A GRANT UNDER THE CITIZENS' ELECTION PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 9-604 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
(c) (1) The chairman of a political committee formed to support a single candidate for public office shall, not later than seven days after filing a statement of organization with the proper authority under section 9-603, send the candidate a notice, by certified mail, of such filing. If a candidate [(1)] (A) does not, within fourteen days after receiving such notice, disavow such committee, in writing, to the proper authority under section 9-603, or [(2)] (B) disavows such committee within such period, but, at any time before such disavowal, accepts funds from the committee for his campaign, such committee shall be deemed to have been authorized by such candidate and shall constitute a candidate committee for the purposes of this chapter. No candidate shall establish, agree to or assist in establishing, or give his consent or authorization to establishing a committee other than a single candidate committee to promote his candidacy for any public office except that a candidate may establish an exploratory committee. The candidate shall designate on the statement of organization for the exploratory committee the type of office to which the candidate is determining whether to seek nomination or election, as follows: [(A)] (i) The General Assembly, [(B)] (ii) a state office, or [(C)] (iii) any other public office. The candidate may also certify on the statement of organization that the candidate will not be a candidate for the office of state representative. Not later than fifteen days after a public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office, as described in subdivisions (2) to (5), inclusive, of this subsection, the candidate shall form a single candidate committee, except that in the case of a candidate establishing an exploratory committee for purposes including aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the candidate shall form a single candidate committee not later than fifteen days after the date that the campaign treasurer of such exploratory committee is required to file a notice of intent to dissolve the committee under subsection (f) of section 9-608, as amended by this act. As used in this subsection, "state office" has the same meaning as provided in subsection (e) of section 9-610.
(2) A public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office shall be in the form of an announcement, made verbally or in writing, by the candidate or an agent of the candidate. In order for the announcement to be such a public declaration, (A) the candidate or agent shall make such announcement to members of the public, and (B) a reasonable person hearing or reading such announcement would determine that the announcement expresses an intention to seek a particular office, as stated in the announcement. If the candidate or agent of the candidate announces the candidate's intention to seek nomination or election to a particular public office to a group comprised only of individuals volunteering their time to the candidate's campaign or committee workers working on behalf of the candidate or immediate family members of the candidate, such announcement shall not be a public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office.
(3) Notwithstanding the provisions of this subsection, a declaration by a candidate to a town committee of the candidate's intention to seek nomination or election to a particular public office shall not constitute a public declaration.
(4) Notwithstanding the provisions of this subsection, in the case of a candidate attempting to acquire signatures to petition for nomination for elective office pursuant to subpart C of part III of chapter 153, such candidate or an agent of such candidate may announce the candidate's desire to seek a particular office and such announcement shall not constitute a public declaration, provided such announcement is made as part of an effort to acquire the number of signatures required under section 9-453d and such announcement, if in a verbal form, is made directly to a potential signator of the petition, or, if in a written form, consists of literature handed by the candidate or agent to such a potential signator.
(5) Notwithstanding the provisions of this subsection, in the case of a candidate attempting to acquire a signature on a grant petition under section 5 of this act, unless such candidate is simultaneously trying to acquire from the same potential signator a signature on the candidate's petition for nomination pursuant to subpart C of part III of chapter 153, such candidate shall be making a public declaration of the candidate's intention to seek a nomination or election to a particular office under this section.
Sec. 2. Subsection (f) of section 9-608 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
(f) If an exploratory committee has been established by a candidate pursuant to subsection (c) of section 9-604, as amended by this act, the campaign treasurer of the committee shall file a notice of intent to dissolve it with the appropriate authority not later than fifteen days after the candidate's declaration of intent to seek nomination or election to a particular public office, except that in the case of an exploratory committee established by a candidate for purposes that include aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the campaign treasurer of the committee shall file such notice of intent to dissolve the committee not later than fifteen days after the earlier of: (1) The candidate's public declaration of intent to seek nomination or election to a particular public office, as described in subsection (c) of section 9-604, as amended by this act, (2) the candidate's endorsement at a convention, caucus or town committee meeting, or (3) the candidate's filing of a candidacy for nomination under section 9-400 or 9-405. The campaign treasurer shall also file a statement identifying all contributions received or expenditures made by the exploratory committee since the previous statement and the balance on hand or deficit, as the case may be. In the event of a surplus, the campaign treasurer shall, not later than the filing of the statement, distribute the surplus to the candidate committee established pursuant to said section, except that (A) in the case of a surplus of an exploratory committee established by a candidate who intends to be a participating candidate, as defined in section 9-703, in the Citizens' Election Program, the campaign treasurer may distribute to the candidate committee only that portion of such surplus that is attributable to contributions that meet the criteria for qualifying contributions for the candidate committee under section 9-704 and shall distribute the remainder of such surplus to the Citizens' Election Fund established in section 9-701, and (B) in the case of a surplus of an exploratory committee established for nomination or election to an office other than the General Assembly or a state office (i) the campaign treasurer may only distribute to the candidate committee for nomination or election to the General Assembly or state office of such candidate that portion of such surplus which is in excess of the total contributions which the exploratory committee received from lobbyists or political committees established by lobbyists, during any period in which the prohibitions in subsection (e) of section 9-610 apply, and (ii) any remaining amount shall be returned to all such lobbyists and political committees established by or on behalf of lobbyists, on a prorated basis of contribution, or distributed to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. If the candidate decides not to seek nomination or election to any office, the campaign treasurer shall, [within] not later than fifteen days after such decision, comply with the provisions of this subsection and distribute any surplus in the manner provided by this section for political committees other than those formed for ongoing political activities, except that if the surplus is from an exploratory committee established by the State Treasurer, any portion of the surplus that is received from a principal of an investment services firm or a political committee established by such firm shall be returned to such principal or committee on a prorated basis of contribution. In the event of a deficit, the campaign treasurer shall file a statement thirty days after the decision or declaration with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in such deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file supplemental statements until the deficit is eliminated. If the exploratory committee does not have a surplus or deficit, the statement filed after the candidate's declaration or decision shall be the last required statement. If a candidate certifies on the statement of organization for the exploratory committee pursuant to subsection (c) of section 9-604, as amended by this act, that the candidate will not be a candidate for the office of state representative and subsequently establishes a candidate committee for the office of state representative, the campaign treasurer of the candidate committee shall pay to the State Treasurer, for deposit in the General Fund, an amount equal to the portion of any contribution received by said exploratory committee that exceeded two hundred fifty dollars. As used in this subsection, "principal of an investment services firm" has the meaning set forth in subsection (f) of section 9-612 and "state office" has the same meaning set forth in subsection (e) of section 9-610.
Sec. 3. Subsection (c) of section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
(c) (1) Notwithstanding the provisions of subsections (a) and (b) of this section, the qualified candidate committee of an eligible minor party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a grant from the fund for the general election campaign if the candidate of the same minor party for the same office at the last preceding regular election received at least ten per cent of the whole number of votes cast for all candidates for said office at said election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, provided (A) if the candidate of the same minor party for the same office at the last preceding regular election received at least fifteen per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, (B) if the candidate of the same minor party for the same office at the last preceding regular election received at least twenty per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, and (C) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.
[(2) Notwithstanding the provisions of subsections (a) and (b) of this section, the qualified candidate committee of an eligible petitioning party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a grant from the fund for the general election campaign if said candidate's nominating petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, provided (A) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, (B) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, and (C) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.]
(2) (A) Notwithstanding the provisions of subsections (a) and (b) of this section, the qualified candidate committee of an eligible petitioning party candidate or an eligible minor party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a grant from the fund for the general election campaign if such candidate petitions for a grant under section 5 of this act and such petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, provided (i) if said candidate's petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, (ii) if said candidate's petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (a) or (b) of this section for a candidate for the same office, and (iii) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.
(B) In the case of an eligible minor party candidate receiving a partial grant under subdivision (1) of this section, such candidate may also receive a partial grant under this subdivision, provided the sum of such grants for any such candidate shall not exceed one hundred per cent of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office.
(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and the qualified candidate committee of an eligible minor party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608, as amended by this act, and such candidate received a greater percentage of the whole number of votes cast for all candidates for said office at said election than the percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:
(A) In the case of any such candidate who receives more than ten per cent, but not more than fifteen per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes received by such candidate and ten per cent and the denominator is ten, and (ii) two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office.
(B) In the case of any such candidate who receives more than fifteen per cent, but less than twenty per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes received by such candidate and fifteen per cent and the denominator is five, and (ii) one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office.
(C) In the case of any such candidate who receives twenty per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office.
[(C)] (D) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office.
Sec. 4. Subsection (g) of section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
(g) (1) Notwithstanding the provisions of subsections (e) and (f) of this section, the qualified candidate committee of an eligible minor party candidate for the office of state senator or state representative shall be eligible to receive a grant from the fund for the general election campaign if the candidate of the same minor party for the same office at the last preceding regular election received at least ten per cent of the whole number of votes cast for all candidates for said office at said election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, provided (A) if the candidate of the same minor party for the same office at the last preceding regular election received at least fifteen per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, (B) if the candidate of the same minor party for the same office at the last preceding regular election received at least twenty per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, and (C) in the case of an election held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section.
[(2) Notwithstanding the provisions of subsections (e) and (f) of this section, the qualified candidate committee of an eligible petitioning party candidate for the office of state senator or state representative shall be eligible to receive a grant from the fund for the general election campaign if said candidate's nominating petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, provided (A) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, (B) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, and (C) in the case of an election held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section.]
(2) (A) Notwithstanding the provisions of subsections (e) and (f) of this section, the qualified candidate committee of an eligible petitioning party candidate or an eligible minor party candidate for the office of state senator or state representative shall be eligible to receive a grant from the fund for the general election campaign if such candidate petitions for a grant under section 5 of this act and such petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, provided (i) if said candidate's petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, (ii) if said candidate's petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (e) or (f) of this section for a candidate for the same office, and (iii) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.
(B) In the case of an eligible minor party candidate receiving a partial grant under subdivision (1) of this subsection, such candidate may also receive a partial grant under this subdivision.
(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and the qualified candidate committee of an eligible minor party candidate for the office of state senator or state representative shall be eligible to receive a supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608, as amended by this act, and such candidate received a greater percentage of the whole number of votes cast for all candidates for said office at said election than the percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:
(A) In the case of any such candidate who receives more than ten per cent, but less than fifteen per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes received by such candidate and ten per cent and the denominator is ten, and (ii) two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office.
(B) In the case of any such candidate who receives more than fifteen per cent, but less than twenty per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes received by such candidate and fifteen per cent and the denominator is five, and (ii) one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office.
(C) In the case of any such candidate who receives twenty per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office.
[(C)] (D) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office.
Sec. 5. (NEW) (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013) (a) Each petition for a grant from the Citizens' Election Fund shall be on a form prescribed and provided by the Secretary of the State. Such form shall include, at the top of the form and in bold print, the following:
WARNING
IT IS A CRIME TO SIGN THIS PETITION
IN THE NAME OF ANOTHER PERSON
WITHOUT LEGAL AUTHORITY TO DO SO
AND YOU MAY NOT SIGN THIS PETITION
IF YOU ARE NOT AN ELECTOR.
Such form shall provide lines for the signatures, street addresses, dates of birth and the printing of the names of signators. A signator shall print the signator's name on said line following the signing of the signator's name. Before issuing a petition form, the secretary shall, above the space provided for signatures, type or print the name and address of the candidate, that the purpose of the petition is to acquire signatures necessary to qualify for a grant from the Citizens' Election Fund and the date of the election for which the grant is sought. The secretary shall give to any person requesting such form one or more petition pages, suitable for duplication, as the secretary deems necessary. If the person is requesting the form on behalf of an indigent candidate, the secretary shall give the person the number of original pages that the person requests or the number which the secretary deems sufficient. An original petition page may be duplicated by or on behalf of the candidate listed on the page and signatures may be obtained on such duplicates. The duplicates shall be filed in the same manner and shall be subject to the same requirements as original petition pages.
(b) The Secretary of the State shall not issue any petition forms for a grant from the Citizens' Election Fund for a regular election to be held in any year prior to the first business day of such year. The secretary shall not issue any such petition forms unless the person requesting the same makes a written application therefor, which application shall contain the following: (1) The name or names of the candidates to appear on such petition, compared by the town clerk of the town of residence of each candidate with the candidate's name as it appears on the last-completed registry list of such town, and verified and corrected by such town clerk or, in the case of a newly admitted elector whose name does not appear on the last-completed registry list, the town clerk shall compare the elector's name as it appears on the elector's application for admission and verify and correct it accordingly; (2) a signed statement by each such candidate that the candidate consents to the placing of the candidate's name on such petition; and (3) the party designation, if any. An applicant for petition forms who does not wish to specify a party designation shall so indicate on the application for such forms and the application, if so marked, shall not be amended in this respect. No application shall contain any party designation unless a reservation of such party designation with the secretary is in effect for the office included in the application or unless the party designation is the same as the name of a minor party which is qualified for a different office on the same ballot as the office included in the application. The secretary shall not issue such forms (A) unless the application for forms in behalf of Governor or Lieutenant Governor is accompanied by the name of the candidate for the other office and includes the consent of both such candidates; (B) if petition forms have previously been issued on behalf of the same candidate for the same office unless the candidate files a written statement of withdrawal of his previous candidacy with the secretary; and (C) unless the application meets the requirements of this section.
(c) Each circulator of a petition form for a grant from the Citizens' Election Fund shall be a United States citizen, at least eighteen years of age and a resident of a town in this state and shall not be on parole for conviction of a felony. Any individual proposed as a candidate may serve as circulator of the pages of such grant petition.
(d) Before any signatures may be obtained on a signatures page of a petition form for a grant from the Citizens' Election Fund, above the space provided for signatures shall be indicated the party designation, if any, the name and address of the candidate, that the purpose of the petition is to acquire signatures necessary to qualify for a grant from the Citizens' Election Fund, the date of the election for which the grant is sought and the town and district, if such is the case, in which such petition page is to be circulated. Such indication may not be altered or amended after any person has signed the page. Each page of the grant petition shall contain the names and street addresses of the signers. No page of a grant petition shall be certified by the clerks of two or more towns and signatures on any page so certified shall not be counted by the Secretary of the State.
(e) Each page of a petition for a grant from the Citizens' Election Fund for a campaign in a regular election shall be submitted to the appropriate town clerk or to the Secretary of the State not later than four o'clock p.m. on the ninetieth day preceding the day of the regular election.
(f) Each page of a grant petition shall be so submitted either (1) to the town clerk of the town in which the signers reside, or (2) to the Secretary of the State, in which case the Secretary of the State shall submit the petition pages to the appropriate town clerk for the purpose of certifying the signatures on such pages.
(g) On such last day for submitting such grant petition pages, in each town in which an election is to be held, the office of the town clerk shall open not later than one o'clock p.m. and remain open until at least four o'clock p.m., and the town clerk or the assistant town clerk shall be present.
(h) Any town clerk receiving any page of a grant petition under this section shall complete such certifications as specified in this section and shall file each such grant petition page with the Secretary of the State within two weeks after it was so submitted to the clerk. Any such town clerk who fails to so file such petition pages with the Secretary of the State by the time required shall pay a late filing fee of fifty dollars.
(i) The Secretary of the State may not count for purposes of determining compliance with the number of signatures required by section 9-705 of the general statutes, as amended by this act, the signatures certified by the town clerk on any petition page filed under this section if: (1) The name of the candidate, the candidate's address or the party designation, if any, has been omitted from the face of the petition; (2) the page does not contain a statement by the circulator as to the residency in this state and eligibility of the circulator and authenticity of the signatures on the petition as required by this section or upon which such statement of the circulator is incomplete in any respect; or (3) the page does not contain the certifications required pursuant to this section, by the town clerk of the town in which the signers reside. The town clerk shall cure any omission on the town clerk's part by signing any such page at the office of the Secretary of the State and making the necessary amendment or by filing a separate statement in this regard, which amendment shall be dated.
(j) The Secretary of the State may approve a grant petition received under this section at any time, except such approval shall be withdrawn if sufficient signatures are withdrawn under section 9-453h of the general statutes. Such approval by the secretary shall mean that the petition contains sufficient signatures, but shall not mean that a grant shall be issued. Any determination concerning an issuance of such grant shall be made by the State Elections Enforcement Commission in accordance with the provisions of chapter 157 of the general statutes.
(k) Upon approval of a grant petition or a withdrawal of such approval by the Secretary of the State under subsection (j) of this section, the secretary shall notify, not later than twenty-four hours after a determination of approval or withdrawal, the State Elections Enforcement Commission of such determination. Such notification shall include the number of signatures counted and deemed compliant with the provisions of this section and chapter 157 of the general statutes.
Sec. 6. Section 9-453e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
Each circulator of a nominating petition page or a grant petition page under section 5 of this act shall be a United States citizen, at least eighteen years of age and a resident of a town in this state and shall not be on parole for conviction of a felony. Any individual proposed as a candidate in any nominating petition may serve as circulator of the pages of such nominating petition.
Sec. 7. Section 9-453g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
Any person who signs a name other than his own to a nominating petition filed under sections 9-453a to 9-453s, inclusive, as amended by this act, or section 9-216, or a grant petition under section 5 of this act, shall be fined not more than one hundred dollars or imprisoned not more than one year or both.
Sec. 8. Section 9-453j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
Each page of a nominating petition under this part, or a grant petition under section 5 of this act, submitted to the town clerk or the Secretary of the State and filed with the Secretary of the State under the provisions of sections 9-453a to 9-453s, inclusive, as amended by this act, [or] section 9-216, or said section 5 shall contain a statement as to the residency in this state and eligibility of the circulator and authenticity of the signatures [thereon] on the petition, signed under penalties of false statement, by the person who circulated the same. Such statement shall set forth (1) such circulator's residence address, including the town in this state in which such circulator is a resident, (2) the circulator's date of birth and that the circulator is at least eighteen years of age, (3) that the circulator is a United States citizen and not on parole for conviction of a felony, and (4) that each person whose name appears on such page signed the same in person in the presence of such circulator and that either the circulator knows each such signer or that the signer satisfactorily identified himself to the circulator. Any false statement committed with respect to such statement shall be deemed to have been committed in the town in which the petition was circulated.
Sec. 9. Section 9-453k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
(a) The town clerk or Secretary of the State shall not accept any page of a nominating petition under this part or a grant petition under section 5 of this act unless the circulator thereof has signed before him or her or an appropriate person as provided in section 1-29, the statement as to the residency in this state and eligibility of the circulator and authenticity of the signatures [thereon] on the petition required by section 9-453j, as amended by this act, or said section 5, as applicable.
(b) The town clerk or Secretary of the State or an appropriate person as provided in section 1-29 shall certify on each such page that the circulator [thereof] of such petition signed such statement in [his] the town clerk's presence and that either [he] the town clerk knows the circulator or that the circulator satisfactorily identified himself or herself to the individual certifying.
(c) The town clerk or Secretary of the State shall forthwith give to each circulator submitting a page or pages of a nominating petition or grant petition a receipt indicating the number of such pages so submitted and the date upon which such pages were submitted.
(d) Such town clerk shall certify on each such page the date upon which it was submitted to the town clerk by the circulator or the Secretary of the State and the number of names of electors on such petition page, which names were on the registry list last-completed or are names of persons admitted as electors since the completion of such list. In the checking of signatures on such nominating or grant petition pages, the town clerk shall reject any name if such name is not the name of an elector as specified above. Such rejection shall be indicated by placing a mark in a manner prescribed by the Secretary of the State before the name so rejected. The town clerk shall not reject any name for which the street address on the petition is different from the street address on the registry list, if (1) such person is eligible to vote for the candidate or candidates named in the petition, and (2) the person's date of birth, as shown on the petition page, is the same as the date of birth on the person's registration record. Such clerk may place a check mark before each name appearing on such registry list or each name of a person admitted as an elector since the completion of such list, but shall place no other mark on such page except as provided in this section.
Sec. 10. Section 9-453l of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
Any town clerk may delegate [his] the clerk's duty to check the names of signers with names of electors on the registry list pursuant to section 9-453k, as amended by this act, to the registrars of voters in [his] the town, if the registrars consent, and the registrars shall complete the required certifications with respect thereto on [the] a nominating petition or a grant petition under section 5 of this act, provided the registrars shall execute a receipt for such pages upon receipt thereof stating the number of pages and provided such checking of names by the registrars shall take place in the office of the town clerk or in the office of the registrars of voters if they have an office. After making the required certifications, the registrars shall deliver the petition pages to the town clerk.
Sec. 11. Section 9-453m of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013):
The use of titles, initials or customary abbreviations of given names by the signer of a nominating petition under this part or a grant petition under section 5 of this act shall not invalidate such signature if the identity of the signer can be readily established by reference to the signature on the petition and the name of a person as it appears on the last-completed registry list at the address indicated or of a person who has been admitted as an elector since the completion of such list.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-604(c)
Sec. 2 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-608(f)
Sec. 3 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-705(c)
Sec. 4 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-705(g)
Sec. 5 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 New section
Sec. 6 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453e
Sec. 7 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453g
Sec. 8 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453j
Sec. 9 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453k
Sec. 10 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453l
Sec. 11 January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013 9-453m
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-604(c)
Sec. 2
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-608(f)
Sec. 3
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-705(c)
Sec. 4
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-705(g)
Sec. 5
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
New section
Sec. 6
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453e
Sec. 7
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453g
Sec. 8
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453j
Sec. 9
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453k
Sec. 10
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453l
Sec. 11
January 1, 2013, and applicable to primaries and elections held on or after January 1, 2013
9-453m
Statement of Purpose:
To refine the election laws to provide for a definition of "public declaration" and for a dual process for ballot access and grant qualification under the Citizens' Election Program for minor party and petitioning candidates.
[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.]