Connecticut 2019 Regular Session

Connecticut House Bill HB05041 Compare Versions

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3+LCO No. 18 1 of 1
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4-LCO No. 6184 1 of 22
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6-General Assembly Committee Bill No. 5041
5+General Assembly Proposed Bill No. 5041
76 January Session, 2019
8-LCO No. 6184
7+LCO No. 18
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109
1110 Referred to Committee on GOVERNMENT ADMINISTRATION
1211 AND ELECTIONS
1312
1413
1514 Introduced by:
16-(GAE)
15+REP. O'NEILL, 69th Dist.
1716
1817
1918
2019 AN ACT CONCERNING MAJOR PARTY CONVENTIONS.
2120 Be it enacted by the Senate and House of Representatives in General
2221 Assembly convened:
2322
24-Section 1. Subdivision (2) of section 9-372 of the general statutes is 1
25-repealed and the following is substituted in lieu thereof (Effective from 2
26-passage): 3
27-(2) "Convention" means [a] any meeting of delegates of a political 4
28-party that may be held for the purpose of designating the candidate or 5
29-candidates to be endorsed by such party in a primary of such party for 6
30-state or district office or for the purpose of transacting other business 7
31-of such party; 8
32-Sec. 2. Subdivision (9) of section 9-372 of the general statutes is 9
33-repealed and the following is substituted in lieu thereof (Effective from 10
34-passage): 11
35-(9) "Party-endorsed candidate" means (A) in the case of a candidate 12
36-for state or district office, a person endorsed by [the] a convention of a 13
37-political party as a candidate in a primary to be held by such party, 14
38-Committee Bill No. 5041
39-
40-
41-LCO No. 6184 2 of 22
42-
43-and (B) in the case of a candidate for municipal office or for member of 15
44-a town committee, a person endorsed by the town committee, a caucus 16
45-or a convention, as the case may be, of a political party as a candidate 17
46-in a primary to be held by such party; 18
47-Sec. 3. Section 9-382 of the general statutes is repealed and the 19
48-following is substituted in lieu thereof (Effective from passage): 20
49-[The state or district convention, as the case may be, shall, in a 21
50-manner conforming with applicable law and with the rules of the party 22
51-calling such convention, choose a candidate for nomination to each of 23
52-the state or district offices, as the case may be. No such convention 24
53-shall choose more than one candidate for nomination to any such 25
54-office. Candidates] A party shall not be required to hold a state or 26
55-district convention, as applicable, for the purpose of choosing a 27
56-candidate for nomination to any state or district office, as applicable, 28
57-but a party may provide in such party's rules for the holding of any 29
58-such convention for such purpose. If any convention is held for such 30
59-purpose, (1) such choice shall be made in a manner conforming with 31
60-applicable law and with such rules, (2) such convention shall not 32
61-choose more than one candidate for nomination to any such office, and 33
62-(3) each candidate so chosen shall run in the primary of such party as 34
63-the party-endorsed [candidates] candidate, except as provided in 35
64-section 9-416. 36
65-Sec. 4. Section 9-383 of the general statutes is repealed and the 37
66-following is substituted in lieu thereof (Effective from passage): 38
67-The time and place of meeting of [a] any state or district convention 39
68-that may be held shall be fixed by the state central committee or other 40
69-authority of the party holding such convention, in accordance with the 41
70-rules of such party; provided [each] any such convention held to 42
71-endorse candidates for state or district office to be voted upon at a state 43
72-election shall be convened not earlier than the ninety-eighth day and 44
73-closed not later than the seventy-seventh day preceding the day of the 45
74-primary for such office. 46
75-Committee Bill No. 5041
76-
77-
78-LCO No. 6184 3 of 22
79-
80-Sec. 5. Section 9-384 of the general statutes is repealed and the 47
81-following is substituted in lieu thereof (Effective from passage): 48
82-[Each] Any convention that may be held shall originate by call of the 49
83-chairman of the state central committee or other authority of the party 50
84-holding such convention, in accordance with the rules of such party. 51
85-Sec. 6. Subsection (b) of section 9-390 of the general statutes is 52
86-repealed and the following is substituted in lieu thereof (Effective from 53
87-passage): 54
88-(b) Delegates to [conventions] any convention that may be held shall 55
89-be selected, in accordance with the rules of such party, by the method 56
90-prescribed in either subdivision (1) or (3) of subsection (a) of this 57
91-section. 58
92-Sec. 7. Subsection (b) of section 9-391 of the general statutes is 59
93-repealed and the following is substituted in lieu thereof (Effective from 60
94-passage): 61
95-(b) Each selection of delegates to [a] any state or district convention 62
96-that may be held shall be made in accordance with the provisions of 63
97-section 9-390, as amended by this act, not earlier than the one-64
98-hundred-fortieth day and not later than the one-hundred-thirty-third 65
99-day preceding the day of the primary for such state or district office. 66
100-Such selection shall be certified to the clerk of the municipality by 67
101-either the chairperson or presiding officer or the secretary of the town 68
102-committee or caucus, as the case may be, not later than four o'clock 69
103-p.m. on the one-hundred-thirty-second day preceding the day of such 70
104-primary. Each such certification shall contain the name and street 71
105-address of each person so selected, the position as delegate, and the 72
106-name or number of the political subdivision or district, if any, for 73
107-which each such person is selected. If such a certificate of a party's 74
108-selection is not received by the clerk of the municipality by such time, 75
109-such certificate shall be invalid and such party, for the purposes of 76
110-sections 9-417 and 9-420, as amended by this act, shall be deemed to 77
111-Committee Bill No. 5041
112-
113-
114-LCO No. 6184 4 of 22
115-
116-have neither made nor certified any selection of any person for the 78
117-position of delegate. 79
118-Sec. 8. Section 9-393 of the general statutes is repealed and the 80
119-following is substituted in lieu thereof (Effective from passage): 81
120-All town committee members and delegates to [conventions] any 82
121-convention that may be held shall be chosen as provided in sections 9-83
122-382 to 9-450, inclusive, as amended by this act. Vacancies in town 84
123-committees, arising from any cause including failure to elect, shall be 85
124-filled in such manner as the rules of the party prescribe. The chairman 86
125-of a town committee may be chosen by the town committee from 87
126-within or without the membership of the town committee as the rules 88
127-of the party prescribe. Any town committee may, by party rules 89
128-adopted in accordance with section 9-375 and filed under section 9-374, 90
129-increase its membership and fill new positions created by such 91
130-increase in the manner prescribed in the applicable party rules. The 92
131-rules of a party may provide methods for the filling of vacancies in 93
132-delegations to conventions, which methods may include prescribing 94
133-that each delegate selected in conformity with the provisions of 95
134-sections 9-382 to 9-450, inclusive, as amended by this act, may 96
135-designate an alternate delegate or a proxy to act for him in his absence. 97
136-Sec. 9. Section 9-394 of the general statutes is repealed and the 98
137-following is substituted in lieu thereof (Effective from passage): 99
138-If the state rules of a party provide that certain delegates to [state 100
139-conventions] any state convention that may be held shall be chosen 101
140-from senatorial districts, the party-endorsed candidates for election as 102
141-such district delegates shall be selected in such manner as is prescribed 103
142-in such rules; provided such selection shall be made within the time 104
143-specified in section 9-391, as amended by this act; and provided, upon 105
144-such selection, the information required in section 9-390, as amended 106
145-by this act, shall forthwith be certified, in such manner as is prescribed 107
146-in such rules, to the clerk of each municipality in such district, and 108
147-such certification shall be deemed the certification of the party in such 109
148-Committee Bill No. 5041
149-
150-
151-LCO No. 6184 5 of 22
152-
153-municipality. Delegates allocated to and selected from towns shall not 110
154-be deemed to be district delegates. 111
155-Sec. 10. Section 9-394a of the general statutes is repealed and the 112
156-following is substituted in lieu thereof (Effective from passage): 113
157-Any major party in any part of a town which is a component part of 114
158-a senatorial or assembly district composed of parts of two towns or of 115
159-a town or towns and a part or parts of another town or other towns 116
160-may select delegates to [a] any senatorial or assembly district 117
161-convention that may be held in such district as provided in this title 118
162-and its party rules and may participate in the selection of a candidate 119
163-for state senator or state representative in such district in the manner 120
164-provided for a town which is a component part of a senatorial district 121
165-in a district composed of two or more towns under this title. In 122
166-addition to other requirements prescribed by law, the name of a person 123
167-on whose behalf a primary petition is filed for nomination to the office 124
168-of state senator or state representative for such district and the names 125
169-of the signers of any such petition shall appear on the last-completed 126
170-enrollment list of such party for such part of a town or for any other 127
171-town which is a component part of such district. 128
172-Sec. 11. Subsections (a) and (b) of section 9-400 of the general 129
173-statutes are repealed and the following is substituted in lieu thereof 130
174-(Effective from passage): 131
175-(a) A candidacy for nomination by a political party to a state office 132
176-may be filed by or on behalf of any person whose name appears upon 133
177-the last-completed enrollment list of such party in any municipality 134
178-within the state and who has either (1) received at least fifteen per cent 135
179-of the votes of the [convention] delegates present and voting on any 136
180-roll-call vote taken on the endorsement or proposed endorsement of a 137
181-candidate for such state office at any convention that may have been 138
182-held, whether or not the party-endorsed candidate for such office 139
183-received a unanimous vote on the last ballot, or (2) circulated a petition 140
184-and obtained the signatures of at least two per cent of the enrolled 141
185-Committee Bill No. 5041
186-
187-
188-LCO No. 6184 6 of 22
189-
190-members of such party in the state, in accordance with the provisions 142
191-of sections 9-404a to 9-404c, inclusive. Candidacies described in 143
192-subdivision (1) of this subsection shall be filed by submitting to the 144
193-Secretary of the State not later than four o'clock p.m. on the fourteenth 145
194-day following the close of [the] such state convention, a certificate, 146
195-signed by such candidate and attested by either (A) the chairman or 147
196-presiding officer, or (B) the secretary of the convention, that such 148
197-candidate received at least fifteen per cent of such votes, and that such 149
198-candidate consents to be a candidate in a primary of such party for 150
199-such state office. Such certificate shall specify the candidate's name as 151
200-the candidate authorizes it to appear on the ballot, the candidate's full 152
201-residence address and the title of the office for which the candidacy is 153
202-being filed. If such certificate for a state office is not received by the 154
203-Secretary of the State by such time, such certificate shall be invalid and 155
204-such party, for the purposes of sections 9-416, as amended by this act, 156
205-and 9-416a, shall be deemed to have made no valid certification of 157
206-candidacy for nomination [by a political party for] to such state office. 158
207-A single such certificate or petition for state office may be filed on 159
208-behalf of two or more candidates for different state offices who consent 160
209-to have their names appear on a single row of the primary ballot under 161
210-subsection (b) of section 9-437. Candidacies described in subdivision 162
211-(2) of this subsection shall be filed by submitting said petition not later 163
212-than four o'clock p.m. on the sixty-third day preceding the day of the 164
213-primary for such office to the registrar of voters of the towns in which 165
214-the respective petition pages were circulated. Each registrar shall file 166
215-each page of such petition with the Secretary of the State in accordance 167
216-with the provisions of section 9-404c. A petition filed by or on behalf of 168
217-a candidate for state office shall be invalid for such candidate if such 169
218-candidate is certified as the party-endorsed candidate pursuant to 170
219-section 9-388 or as receiving at least fifteen per cent of the convention 171
220-vote for such office pursuant to this subsection. Except as provided in 172
221-section 9-416a, upon the expiration of the time period for party 173
222-endorsement and circulation and tabulation of petitions and 174
223-signatures, if any, if one or more candidacies for such state office have 175
224-Committee Bill No. 5041
225-
226-
227-LCO No. 6184 7 of 22
228-
229-been filed pursuant to the provisions of this section, the Secretary of 176
230-the State shall notify all town clerks and registrars of voters in 177
231-accordance with the provisions of section 9-433, as amended by this 178
232-act, that a primary for such state office shall be held in each 179
233-municipality in accordance with the provisions of section 9-415. 180
234-(b) A candidacy for nomination by a political party to a district 181
235-office may be filed by or on behalf of any person whose name appears 182
236-upon the last-completed enrollment list of such party within the 183
237-district the person seeks to represent that is in the office of the 184
238-Secretary of the State at the end of the last day prior to the convention 185
239-for the party from which the person seeks nomination and who has 186
240-either (1) received at least fifteen per cent of the votes of the 187
241-[convention] delegates present and voting on any roll-call vote taken 188
242-on the endorsement or proposed endorsement of a candidate for such 189
243-district office at any convention that may have been held, whether or 190
244-not the party-endorsed candidate for such office received a unanimous 191
245-vote on the last ballot, or (2) circulated a petition and obtained the 192
246-signatures of at least two per cent of the enrolled members of such 193
247-party in the district for the district office of representative in Congress, 194
248-and at least five per cent of the enrolled members of such party in the 195
249-district for the district offices of state senator, state representative and 196
250-judge of probate, in accordance with the provisions of sections 9-404a 197
251-to 9-404c, inclusive. Candidacies described in subdivision (1) of this 198
252-subsection shall be filed by submitting to the Secretary of the State not 199
253-later than four o'clock p.m. on the fourteenth day following the close of 200
254-[the] such district convention, a certificate, signed by such candidate 201
255-and attested by either (A) the chairman or presiding officer, or (B) the 202
256-secretary of the convention, that such candidate received at least fifteen 203
257-per cent of such votes, and that the candidate consents to be a 204
258-candidate in a primary of such party for such district office. Such 205
259-certificate shall specify the candidate's name as the candidate 206
260-authorizes it to appear on the ballot, the candidate's full residence 207
261-address and the title and district of the office for which the candidacy 208
262-is being filed. If such certificate for a district office is not received by 209
263-Committee Bill No. 5041
264-
265-
266-LCO No. 6184 8 of 22
267-
268-the Secretary of the State by such time, such certificate shall be invalid 210
269-and such party, for the purposes of sections 9-416, as amended by this 211
270-act, and 9-416a, shall be deemed to have made no valid certification of 212
271-candidacy for nomination [by a political party for] to such district 213
272-office. Candidacies described in subdivision (2) of this subsection shall 214
273-be filed by submitting said petition not later than four o'clock p.m. on 215
274-the sixty-third day preceding the day of the primary for such office to 216
275-the registrar of voters of the towns in which the respective petition 217
276-pages were circulated. Each registrar shall file each page of such 218
277-petition with the Secretary in accordance with the provisions of section 219
278-9-404c. A petition may only be filed by or on behalf of a candidate for 220
279-the district office of state senator, state representative or judge of 221
280-probate who is not certified as the party-endorsed candidate pursuant 222
281-to section 9-388 or as receiving at least fifteen per cent of the 223
282-convention vote for such office pursuant to this subsection. A petition 224
283-filed by or on behalf of a candidate for the district office of 225
284-representative in Congress shall be invalid if said candidate is certified 226
285-as the party-endorsed candidate pursuant to section 9-388 or as 227
286-receiving at least fifteen per cent of the convention vote for such office 228
287-pursuant to this subsection. Except as provided in section 9-416a, upon 229
288-the expiration of the time period for party endorsement and circulation 230
289-and tabulation of petitions and signatures, if any, if one or more 231
290-candidacies for such district office have been filed pursuant to the 232
291-provisions of this section, the Secretary of the State shall notify all 233
292-town clerks within the district, in accordance with the provisions of 234
293-section 9-433, as amended by this act, that a primary for such district 235
294-office shall be held in each municipality and each part of a 236
295-municipality within the district in accordance with the provisions of 237
296-section 9-415. 238
297-Sec. 12. Section 9-416 of the general statutes is repealed and the 239
298-following is substituted in lieu thereof (Effective from passage): 240
299-If, (1) at [a] any state or district convention that may be held, no 241
300-person other than a party-endorsed candidate has received at least 242
301-Committee Bill No. 5041
302-
303-
304-LCO No. 6184 9 of 22
305-
306-fifteen per cent of the votes of the delegates present and voting on any 243
307-roll-call vote taken on the endorsement or proposed endorsement of a 244
308-candidate for a state or district office, and (2) within the time specified 245
309-in section 9-400, as amended by this act, no candidacy for nomination 246
310-by a political party to a state or district office has been filed by or on 247
311-behalf of a person other than a party-endorsed candidate in conformity 248
312-with the provisions of section 9-400, as amended by this act, then no 249
313-primary shall be held by such party for such office and the party-250
314-endorsed candidate for such office shall be deemed to have been 251
315-lawfully chosen as the nominee of such party for such office. 252
316-Sec. 13. Section 9-420 of the general statutes is repealed and the 253
317-following is substituted in lieu thereof (Effective from passage): 254
318-The persons selected by a political party to serve as delegates to [a] 255
319-any convention that may be held shall be deemed to have been 256
320-lawfully selected as such delegates or district delegates. 257
321-Sec. 14. Subsection (a) of section 9-433 of the general statutes is 258
322-repealed and the following is substituted in lieu thereof (Effective from 259
323-passage): 260
324-(a) After the deadline set forth in section 9-400, as amended by this 261
325-act, for filing candidacies, and upon the completion of the tabulation of 262
326-petition signatures, if any, if one or more candidacies for nomination 263
327-by a political party to a state or district office have been filed in 264
328-accordance with the provisions of section 9-400, as amended by this 265
329-act, the Secretary of the State shall notify the clerk of each town within 266
330-the state or within the district, as the case may be, that a primary is to 267
331-be held by such party for the nomination of such party to such office. 268
332-Such notice shall include a list of all the proposed candidates, those 269
333-endorsed by [the] any convention that may have been held as well as 270
334-those filing candidacies, together with their addresses and the titles of 271
335-the office for which they are candidates and, if applicable, a statement 272
336-that unaffiliated electors may vote in the primary. The clerk of each 273
337-such town shall thereupon cause such notice to be published forthwith 274
338-Committee Bill No. 5041
339-
340-
341-LCO No. 6184 10 of 22
342-
343-in a newspaper having a general circulation in such town, or towns in 275
344-the case of a joint publication under subsection (b) of this section, 276
345-together with a statement of the date upon which the primary is to be 277
346-held, the hours during which the polls shall be open and the location 278
347-of the polls. 279
348-Sec. 15. Subsections (d) and (e) of section 9-215 of the general 280
349-statutes are repealed and the following is substituted in lieu thereof 281
350-(Effective from passage): 282
351-(d) (1) If such vacancy resulting from the resignation or death of a 283
352-member or member-elect of the General Assembly exists in a senatorial 284
353-or assembly district composed of a single town or part of a single 285
354-town, [such] nominations by political parties to fill any such vacancy 286
355-shall be made as the rules of such parties provide, in accordance with 287
356-section 9-390, as amended by this act, and filed with the Secretary of 288
357-the State; except that (A) if such rules provide for selection by 289
358-delegates and the vacancy exists in a senatorial or assembly district 290
359-composed of a single town, the delegates to the convention held for the 291
360-nomination of a candidate for the office of state senator or state 292
361-representative in such town at the last state election shall be the 293
362-delegates for the purpose of selecting a [candidate] nominee to fill such 294
363-vacancy; (B) if such rules provide for the selection by delegates and the 295
364-vacancy exists in a senatorial or assembly district composed of part of 296
365-a single town, the delegates to the convention held for the nomination 297
366-of a candidate for the office of state senator or state representative in 298
367-such district at the last state election shall be the delegates for the 299
368-purpose of selecting a [candidate] nominee to fill such vacancy; and 300
369-(C) if such rules provide for direct primaries under section 9-390, as 301
370-amended by this act, the nomination shall be made by the town 302
371-committee of such party in the case of a vacancy in a senatorial or 303
372-assembly district composed of a single town and, in a senatorial or 304
373-assembly district composed of part of a single town, by the members of 305
374-the town committee from such political subdivision or senatorial or 306
375-assembly district. 307
376-Committee Bill No. 5041
377-
378-
379-LCO No. 6184 11 of 22
380-
381-(2) [If such] (A) Except as provided in subparagraph (B) of this 308
382-subdivision, if a vacancy resulting from the resignation or death of a 309
383-member or member-elect of the General Assembly exists in a district 310
384-office, as defined in section 9-372, as amended by this act, nominations 311
385-by political parties to fill any such vacancy may be made by the 312
386-delegates to [the] any senatorial or assembly convention that may have 313
387-been held for the last state election. [shall be the delegates for the 314
388-purpose of selecting a candidate to fill such vacancy.] 315
389-(B) If a vacancy resulting from the resignation or death of a member 316
390-or member-elect of the General Assembly exists in a district office and 317
391-no senatorial or assembly convention was held for the last state 318
392-election, nominations by political parties to fill any such vacancy shall 319
393-be made by direct primary in accordance with the provisions of 320
394-sections 9-400, as amended by this act, and 9-404a to 9-404c, inclusive, 321
395-except as provided in section 9-416a. 322
396-(3) If a vacancy occurs in the delegation from any town, political 323
397-subdivision or district, such vacancy may be filled by the town 324
398-committee of the town in which the delegate resided. 325
399-(4) Nominations by political parties pursuant to this section may be 326
400-made and certified at any time after the resignation or death of the 327
401-member or member-elect of the General Assembly and not later than 328
402-the thirty-sixth day before the day of the election. No such nomination 329
403-shall be effective until the presiding officer or secretary of any district 330
404-convention, or the head moderator or moderator, as applicable, of any 331
405-direct primary held, has certified the nomination to the Secretary of the 332
406-State or, in the case of a vacancy in a senatorial or assembly district 333
407-composed of a single town or part thereof, until the presiding officer or 334
408-secretary of the town committee or single town convention, or the 335
409-head moderator or moderator, as applicable, of any direct primary 336
410-held, has certified the nomination to the Secretary of the State. If a 337
411-certificate of a party's nomination to fill a vacancy resulting from the 338
412-resignation or death of a member or member-elect of the General 339
413-Committee Bill No. 5041
414-
415-
416-LCO No. 6184 12 of 22
417-
418-Assembly is not received by the Secretary of the State on or before the 340
419-thirty-sixth day prior to the day of the election, such certificate shall be 341
420-invalid and such party, for the purposes of section 9-224a, shall be 342
421-deemed to have made no valid certification of nomination [by a 343
422-political party] for such senatorial or assembly office. 344
423-(e) [No] Except as provided in subparagraph (B) of subdivision (1) 345
424-of subsection (d) of this section and subparagraph (B) of subdivision 346
425-(2) of said subsection, no primary shall be held for the nomination of 347
426-any political party to fill any vacancy in the office of state senator or 348
427-state representative and the [party-endorsed candidate so selected] 349
428-candidate selected pursuant to subparagraph (A) of subdivision (1) of 350
429-subsection (d) of this section or subparagraph (A) of subdivision (2) of 351
430-said subsection shall be deemed, for the purposes of chapter 153, the 352
431-person certified by the Secretary of the State under section 9-444 as the 353
432-nominee of such party. 354
433-Sec. 16. Section 9-450 of the general statutes is repealed and the 355
434-following is substituted in lieu thereof (Effective from passage): 356
435-(a) Nominations by major parties for any state, district or municipal 357
436-office to be filled under the provisions of any law relating to elections 358
437-to fill vacancies, unless otherwise provided therein, shall be made in 359
438-accordance with the provisions of sections 9-382 to 9-450, inclusive. 360
439-(b) (1) (A) [In] Except as provided in subparagraph (B) of this 361
440-subdivision, in the case of nominations for representatives in Congress 362
441-and judges of probate in probate districts composed of two or more 363
442-towns, provided for in sections 9-212 and 9-218, the delegates to [the] 364
443-convention that may have been held for the last state election shall be 365
444-the delegates for the purpose of selecting a candidate to fill such 366
445-vacancy. If a vacancy occurs in the delegation from any town, political 367
446-subdivision or district, such vacancy may be filled by the town 368
447-committee of the town in which the delegate resided. Endorsements by 369
448-political party conventions pursuant to this [subsection] subparagraph 370
449-may be made and certified at any time after the resignation or death 371
450-Committee Bill No. 5041
451-
452-
453-LCO No. 6184 13 of 22
454-
455-creating such vacancy and not later than the fiftieth day before the day 372
456-of the election. No such endorsement shall be effective until the 373
457-presiding officer or secretary of any district convention has certified 374
458-the endorsement to the Secretary of the State. 375
459-(B) In the case of nominations for representatives in Congress and 376
460-judges of probate in probate districts composed of two or more towns, 377
461-provided for in sections 9-212 and 9-218, and when no convention was 378
462-held for such office at the last state election, nominations by political 379
463-parties to fill any such vacancy shall be made by direct primary in 380
464-accordance with the provisions of sections 9-400, as amended by this 381
465-act, 9-404a to 9-404c, inclusive, except as provided in section 9-416a. 382
466-[(B) If] (2) (A) Except as provided in subparagraph (B) of this 383
467-subdivision, if such a vacancy occurs between the one hundred 384
468-twenty-fifth day and the sixty-third day before the day of a regular 385
469-state or municipal election in November of any year, and if a 386
470-convention was held as provided in subparagraph (A) of subdivision 387
471-(1) of this subsection, no primary shall be held for the nomination of 388
472-any political party and the party-endorsed candidate so selected shall 389
473-be deemed, for the purposes of this chapter, the person certified by the 390
474-Secretary of the State pursuant to section 9-444 as the nominee of such 391
475-party. 392
476-(B) If such a vacancy occurs between the one hundred twenty-fifth 393
477-day and the sixty-third day before the day of a regular state or 394
478-municipal election in November of any year, and when no convention 395
479-was held as provided in subparagraph (A) of subdivision (1) of this 396
480-subsection, nominations by political parties to fill any such vacancy 397
481-shall be made by direct primary in accordance with the provisions of 398
482-sections 9-400, as amended by this act, 9-404a to 9-404c, inclusive, 399
483-except as provided in section 9-416a. 400
484-[(C)] (3) Except as provided in [subparagraph (B) of this 401
485-subdivision] subdivision (2) of this subsection, if a candidacy for 402
486-nomination is filed by or on behalf of any person other than a [party-403
487-Committee Bill No. 5041
488-
489-
490-LCO No. 6184 14 of 22
491-
492-endorsed] candidate endorsed at any convention that may have been 404
493-held not later than fourteen days after [the] such party endorsement 405
494-and in conformity with the provisions of section 9-400, as amended by 406
495-this act, a primary shall be held in each municipality of the district and 407
496-each part of a municipality which is a component part of the district, to 408
497-determine the nominee of such party for such office, except as 409
498-provided in section 9-416a. Such primary shall be held on the day that 410
499-the writs of election issued by the Governor, pursuant to section 9-212, 411
500-ordered the election to be held, and new writs of election shall be 412
501-issued by the Governor in accordance with section 9-212. 413
502-[(D)] (4) Unless the provisions of [subparagraph (B) of this 414
503-subdivision] subdivision (2) of this subsection apply, petition forms for 415
504-candidacies for nomination by a political party pursuant to this 416
505-subdivision shall be available from the Secretary of the State beginning 417
506-on the day following the issuance of writs of election by the Governor 418
507-pursuant to section 9-212, except when a primary has already been 419
508-held, and the provisions of section 9-404a shall otherwise apply to such 420
509-petitions. 421
510-[(E)] (5) The registry lists used pursuant to this subsection shall be 422
511-the last-completed lists, as provided in sections 9-172a and 9-172b. 423
512-[(2)] (c) In the case of judges of probate in probate districts 424
513-composed of a single town, the day named for the election shall be not 425
514-earlier than the one hundred fifteenth day following the day on which 426
515-the writ of election is issued, and the times specified in sections 9-391, 427
516-9-405 and 9-423 shall be applicable. 428
517-[(3) (A) In] (d) (1) (A) Except as provided in subparagraph (B) of this 429
518-subdivision, in the case of nominations for senators in Congress, 430
519-provided for in section 9-211, the delegates to [the] any convention that 431
520-may have been held for the last state election shall be the delegates for 432
521-the purpose of selecting a candidate to fill such vacancy. If a vacancy 433
522-occurs in the delegation from any town or political subdivision, such 434
523-vacancy may be filled by the town committee of the town in which the 435
524-Committee Bill No. 5041
525-
526-
527-LCO No. 6184 15 of 22
528-
529-delegate resided. Endorsements by political party conventions 436
530-pursuant to this [subsection] subparagraph may be made and certified 437
531-at any time after the resignation or death creating such vacancy and 438
532-not later than the fifty-sixth day before the day of the primary. No such 439
533-endorsement shall be effective until the presiding officer or secretary of 440
534-any state convention has certified the endorsement to the Secretary of 441
535-the State. 442
536-(B) In the case of nominations for senators in Congress, provided for 443
537-in section 9-211, and when no convention was held for such office at 444
538-the last state election, nominations by political parties to fill any such 445
539-vacancy shall be made by direct primary in accordance with the 446
540-provisions of sections 9-400, as amended by this act, 9-404a to 9-404c, 447
541-inclusive, except as provided in section 9-416a. 448
542-[(B) If] (2) (A) Except as provided in subparagraph (B) of this 449
543-subdivision, if such a vacancy occurs between the one hundred 450
544-twenty-fifth day and the sixty-third day before the day of a regular 451
545-state or municipal election in November of any year, and if a 452
546-convention was held as provided in subparagraph (A) of subdivision 453
547-(1) of this subsection, no primary shall be held for the nomination of 454
548-any political party and the party-endorsed candidate so selected shall 455
549-be deemed, for the purposes of this chapter, the person certified by the 456
550-Secretary of the State, pursuant to section 9-444, as the nominee of such 457
551-party. In such an event, endorsements by political party conventions 458
552-shall be made not later than sixty days prior to the election. 459
553-(B) If such a vacancy occurs between the one hundred twenty-fifth 460
554-day and the sixty-third day before the day of a regular state or 461
555-municipal election in November of any year, and when no convention 462
556-was held as provided in subparagraph (A) of subdivision (1) of this 463
557-subsection, nominations by political parties to fill any such vacancy 464
558-shall be made by direct primary in accordance with the provisions of 465
559-sections 9-400, as amended by this act, 9-404a to 9-404c, inclusive, 466
560-except as provided in section 9-416a. 467
561-Committee Bill No. 5041
562-
563-
564-LCO No. 6184 16 of 22
565-
566-[(C)] (3) Except as provided in [subparagraph (B) of this 468
567-subdivision] subdivision (2) of this subsection, if a candidacy for 469
568-nomination is filed by or on behalf of any person other than a [party-470
569-endorsed] candidate endorsed at any convention that may have been 471
570-held not later than fourteen days after [the] such party endorsement 472
571-and in conformity with the provisions of section 9-400, as amended by 473
572-this act, a primary shall be held on the fifty-sixth day prior to the day 474
573-of the election in each municipality to determine the nominee of such 475
574-party for such office, except as provided in section 9-416a. 476
575-[(D)] (4) Unless the provisions of [subparagraph (B) of this 477
576-subdivision] subdivision (2) of this subsection apply, petition forms for 478
577-candidacies for nomination by a political party pursuant to this 479
578-subdivision shall be available from the Secretary of the State beginning 480
579-on the day following the issuance of writs of election by the Governor, 481
580-pursuant to section 9-211, except when a primary has already been 482
581-held and the provisions of section 9-404a shall otherwise apply to such 483
582-petitions. 484
583-[(E)] (5) The registry lists used pursuant to this subsection shall be 485
584-the last-completed lists, as provided in sections 9-172a and 9-172b. 486
585-[(4)] (e) The times specified in sections 9-391, 9-405 and 9-423 shall 487
586-be applicable to any special town election held to fill a vacancy in any 488
587-town office under subsection (b) of section 9-164. Except as provided 489
588-under subsection (c) of section 9-164, any election held to fill a vacancy 490
589-in any municipal office under the provisions of any special act shall be 491
590-held not earlier than the one hundred twenty-seventh day following 492
591-the day upon which warning of such election is issued, and the times 493
592-specified in sections 9-391, 9-405 and 9-423 shall be applicable. 494
593-Sec. 17. Subdivision (11) of section 9-700 of the general statutes is 495
594-repealed and the following is substituted in lieu thereof (Effective from 496
595-passage): 497
596-(11) "Primary campaign" means the period beginning on (A) the day 498
597-Committee Bill No. 5041
598-
599-
600-LCO No. 6184 17 of 22
601-
602-following the close of [(A) a] any convention that may have been held 499
603-pursuant to section 9-382, as amended by this act, for the purpose of 500
604-endorsing a candidate for nomination to the office of Governor, 501
605-Lieutenant Governor, Attorney General, State Comptroller, State 502
606-Treasurer or Secretary of the State or the district office of state senator 503
607-or state representative, (B) the last day for on which any such 504
608-convention may be closed pursuant to section 9-383, as amended by 505
609-this act, or [(B)] (C) a caucus, convention or town committee meeting 506
610-held pursuant to section 9-390, as amended by this act, for the purpose 507
611-of endorsing a candidate for the municipal office of state senator or 508
612-state representative, whichever is applicable, and ending on the day of 509
613-a primary held for the purpose of nominating a candidate for such 510
614-office. 511
615-Sec. 18. Subsection (a) of section 9-706 of the general statutes is 512
616-repealed and the following is substituted in lieu thereof (Effective from 513
617-passage): 514
618-(a) (1) A participating candidate for nomination to the office of state 515
619-senator or state representative in 2008, or thereafter, or the office of 516
620-Governor, Lieutenant Governor, Attorney General, State Comptroller, 517
621-Secretary of the State or State Treasurer in 2010, or thereafter, may 518
622-apply to the State Elections Enforcement Commission for a grant from 519
623-the fund under the Citizens' Election Program for a primary campaign, 520
624-after the close of [the] any state convention of the candidate's party 521
625-that [is] may have been called for the purpose of choosing candidates 522
626-for nomination for the office that the candidate is seeking, if a primary 523
627-is required under chapter 153, and (A) said party endorses the 524
628-candidate for the office that the candidate is seeking, (B) the candidate 525
629-is seeking nomination to the office of Governor, Lieutenant Governor, 526
630-Attorney General, State Comptroller, State Treasurer or Secretary of 527
631-the State or the district office of state senator or state representative 528
632-and receives at least fifteen per cent of the votes of the [convention] 529
633-delegates present and voting on any roll-call vote taken on the 530
634-endorsement or proposed endorsement of a candidate for the office the 531
635-Committee Bill No. 5041
636-
637-
638-LCO No. 6184 18 of 22
639-
640-candidate is seeking at such convention, or (C) the candidate circulates 532
641-a petition and obtains the required number of signatures for filing a 533
642-candidacy for nomination for (i) the office of Governor, Lieutenant 534
643-Governor, Attorney General, State Comptroller, State Treasurer or 535
644-Secretary of the State or the district office of state senator or state 536
645-representative, pursuant to section 9-400, as amended by this act, or (ii) 537
646-the municipal office of state senator or state representative, pursuant to 538
647-section 9-406, whichever is applicable. The State Elections Enforcement 539
648-Commission shall make any such grants to participating candidates in 540
649-accordance with the provisions of subsections (d) to (g), inclusive, of 541
650-this section. 542
651-(2) A participating candidate for nomination to the office of state 543
652-senator or state representative in 2008, or thereafter, or the office of 544
653-Governor, Attorney General, State Comptroller, Secretary of the State 545
654-or State Treasurer in 2010, or thereafter, may apply to the State 546
655-Elections Enforcement Commission for a grant from the fund under 547
656-the Citizens' Election Program for a general election campaign: 548
657-(A) After the close of [the] any state or district convention or 549
658-municipal caucus, convention or town committee meeting that may 550
659-have been held, whichever is applicable, of the candidate's party that is 551
660-called for the purpose of choosing candidates for nomination for the 552
661-office that the candidate is seeking, if (i) said party endorses said 553
662-candidate for the office that the candidate is seeking and no other 554
663-candidate of said party files a candidacy with the Secretary of the State 555
664-in accordance with the provisions of section 9-400, as amended by this 556
665-act, or 9-406, whichever is applicable, (ii) the candidate is seeking 557
666-election to the office of Governor, Lieutenant Governor, Attorney 558
667-General, State Comptroller, State Treasurer or Secretary of the State or 559
668-the district office of state senator or state representative and receives at 560
669-least fifteen per cent of the votes of the [convention] delegates present 561
670-and voting on any roll-call vote taken on the endorsement or proposed 562
671-endorsement of a candidate for the office the candidate is seeking at 563
672-such convention, no other candidate for said office at such convention 564
673-Committee Bill No. 5041
674-
675-
676-LCO No. 6184 19 of 22
677-
678-either receives the party endorsement or said percentage of said votes 565
679-for said endorsement or files a certificate of endorsement with the 566
680-Secretary of the State in accordance with the provisions of section 9-388 567
681-or a candidacy with the Secretary of the State in accordance with the 568
682-provisions of section 9-400, as amended by this act, and no other 569
683-candidate for said office circulates a petition and obtains the required 570
684-number of signatures for filing a candidacy for nomination for said 571
685-office pursuant to section 9-400, as amended by this act, (iii) the 572
686-candidate is seeking election to the office of Governor, Lieutenant 573
687-Governor, Attorney General, State Comptroller, State Treasurer or 574
688-Secretary of the State or the district office of state senator or state 575
689-representative, circulates a petition and obtains the required number of 576
690-signatures for filing a candidacy for nomination for said office 577
691-pursuant to section 9-400, as amended by this act, and no other 578
692-candidate for said office at [the] any such state or district convention 579
693-either receives the party endorsement or said percentage of said votes 580
694-for said endorsement or files a certificate of endorsement with the 581
695-Secretary of the State in accordance with the provisions of section 9-388 582
696-or a candidacy with the Secretary of the State in accordance with the 583
697-provisions of section 9-400, as amended by this act, or (iv) the 584
698-candidate is seeking election to the municipal office of state senator or 585
699-state representative, circulates a petition and obtains the required 586
700-number of signatures for filing a candidacy for nomination for the 587
701-office the candidate is seeking pursuant to section 9-406 and no other 588
702-candidate for said office at [the] any caucus, convention or town 589
703-committee meeting that may have been held either receives the party 590
704-endorsement or files a certification of endorsement with the town clerk 591
705-in accordance with the provisions of section 9-391, as amended by this 592
706-act; 593
707-(B) After any primary held by such party for nomination for said 594
708-office, if the Secretary of the State declares that the candidate is the 595
709-party nominee in accordance with the provisions of section 9-440; 596
710-(C) In the case of a minor party candidate, after the nomination of 597
711-Committee Bill No. 5041
712-
713-
714-LCO No. 6184 20 of 22
715-
716-such candidate is certified and filed with the Secretary of the State 598
717-pursuant to section 9-452; or 599
718-(D) In the case of a petitioning party candidate, after approval by 600
719-the Secretary of the State of such candidate's nominating petition 601
720-pursuant to section 9-453o. 602
721-(3) A participating candidate for nomination to the office of state 603
722-senator or state representative at a special election in 2008, or 604
723-thereafter, may apply to the State Elections Enforcement Commission 605
724-for a grant from the fund under the Citizens' Election Program for a 606
725-general election campaign after the close of [the] any district 607
726-convention or municipal caucus, convention or town committee 608
727-meeting of the candidate's party that [is] may have been called for the 609
728-purpose of choosing candidates for nomination for the office that the 610
729-candidate is seeking. 611
730-(4) Notwithstanding the provisions of subdivisions (1) and (2) of 612
731-this subsection, no participating candidate for nomination or election 613
732-who changes the candidate's status as a major party, minor party or 614
733-petitioning party candidate or becomes a candidate of a different 615
734-party, after filing the affidavit required under section 9-703, shall be 616
735-eligible to apply for a grant under the Citizens' Election Program for 617
736-such candidate's primary campaign for such nomination or general 618
737-election campaign for such election. The provisions of this subdivision 619
738-shall not apply in the case of a candidate who is nominated by more 620
739-than one party and does not otherwise change the candidate's status as 621
740-a major party, minor party or petitioning party candidate. 622
741-(5) Notwithstanding the provisions of this subsection, no candidate 623
742-may apply to the State Elections Enforcement Commission for a grant 624
743-from the fund under the Citizens' Election Program if such candidate 625
744-has been convicted of or pled guilty or nolo contendere to, in a court of 626
745-competent jurisdiction, any (A) criminal offense under this title unless 627
746-at least eight years have elapsed from the date of the conviction or plea 628
747-or the completion of any sentence, whichever date is later, without a 629
748-Committee Bill No. 5041
749-
750-
751-LCO No. 6184 21 of 22
752-
753-subsequent conviction of or plea to another such offense, or (B) a 630
754-felony related to the individual's public office, other than an offense 631
755-under this title in accordance with subparagraph (A) of this 632
756-subdivision. 633
757-Sec. 19. Subsection (a) of section 9-709 of the general statutes is 634
758-repealed and the following is substituted in lieu thereof (Effective from 635
759-passage): 636
760-(a) For purposes of this section, expenditures made to aid or 637
761-promote the success of both a candidate for nomination or election to 638
762-the office of Governor and a candidate for nomination or election to 639
763-the office of Lieutenant Governor jointly, shall be considered 640
764-expenditures made to aid or promote the success of a candidate for 641
765-nomination or election to the office of Governor. The party-endorsed 642
766-candidate for nomination or election to the office of Lieutenant 643
767-Governor, if any, and the party-endorsed candidate for nomination or 644
768-election to the office of Governor, if any, shall be deemed to be aiding 645
769-or promoting the success of both candidates jointly upon the earliest of 646
770-the following: (1) The primary, whether held for the office of Governor, 647
771-the office of Lieutenant Governor, or both; (2) if no primary is held for 648
772-the office of Governor or Lieutenant Governor, the fourteenth day 649
773-following the close of [the] any convention that may have been held; or 650
774-(3) a declaration by [the] such party-endorsed candidates that they will 651
775-campaign jointly. Any other candidate for nomination or election to 652
776-the office of Lieutenant Governor shall be deemed to be aiding or 653
777-promoting the success of such candidacy for the office of Lieutenant 654
778-Governor and the success of a candidate for nomination or election to 655
779-the office of Governor jointly upon a declaration by the candidates that 656
780-they shall campaign jointly. 657
781-This act shall take effect as follows and shall amend the following
782-sections:
783-
784-Section 1 from passage 9-372(2)
785-Sec. 2 from passage 9-372(9)
786-Committee Bill No. 5041
787-
788-
789-LCO No. 6184 22 of 22
790-
791-Sec. 3 from passage 9-382
792-Sec. 4 from passage 9-383
793-Sec. 5 from passage 9-384
794-Sec. 6 from passage 9-390(b)
795-Sec. 7 from passage 9-391(b)
796-Sec. 8 from passage 9-393
797-Sec. 9 from passage 9-394
798-Sec. 10 from passage 9-394a
799-Sec. 11 from passage 9-400(a) and (b)
800-Sec. 12 from passage 9-416
801-Sec. 13 from passage 9-420
802-Sec. 14 from passage 9-433(a)
803-Sec. 15 from passage 9-215(d) and (e)
804-Sec. 16 from passage 9-450
805-Sec. 17 from passage 9-700(11)
806-Sec. 18 from passage 9-706(a)
807-Sec. 19 from passage 9-709(a)
808-
23+That chapter 153 of the general statutes be amended to no longer 1
24+require major parties to hold conventions for the purpose of endorsing 2
25+candidates for nomination to certain elective offices, but to still permit 3
26+such parties to do so. 4
80927 Statement of Purpose:
810-To provide that major parties are not required to hold endorsing
811-conventions and instead may only conduct primaries to nominate
812-candidates for certain elective offices.
813-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
814-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
815-not underlined.]
816-
817-Co-Sponsors: REP. O'NEILL, 69th Dist.
818-
819-H.B. 5041
820-
821-
28+To allow major parties to not hold endorsing conventions and instead
29+only conduct primaries to nominate candidates for certain elective
30+offices.