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repealed and the following is substituted in lieu thereof (Effective from 2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repealed and the following is substituted in lieu thereof (Effective from 10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 Section 9-382 of the general statutes is repealed and the 19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