Connecticut 2019 Regular Session

Connecticut House Bill HB05610 Compare Versions

OldNewDifferences
11
22
3+LCO No. 1207 1 of 1
34
4-LCO No. 3791 1 of 4
5-
6-General Assembly Committee Bill No. 5610
5+General Assembly Proposed Bill No. 5610
76 January Session, 2019
8-LCO No. 3791
7+LCO No. 1207
98
109
1110 Referred to Committee on GOVERNMENT ADMINISTRATION
1211 AND ELECTIONS
1312
1413
1514 Introduced by:
16-(GAE)
15+REP. COOK, 65th Dist.
1716
1817
1918
2019 AN ACT CONCERNING REPLACEMENT OF A CANDIDATE ON A
2120 BALLOT.
2221 Be it enacted by the Senate and House of Representatives in General
2322 Assembly convened:
2423
25-Section 1. Section 9-460 of the general statutes is repealed and the 1
26-following is substituted in lieu thereof (Effective from passage): 2
27-If any party has nominated a candidate for office, or, on and after 3
28-November 4, 1981, if a candidate has qualified to appear on any ballot 4
29-by nominating petition under a reserved party designation, in 5
30-accordance with the provisions of this chapter, and such nominee 6
31-thereafter, but prior to [twenty-four] forty-six days before the opening 7
32-of the polls on the day of the election for which such nomination has 8
33-been made, dies, withdraws such nominee's name or for any reason 9
34-becomes disqualified to hold the office for which such nominee has 10
35-been nominated, (1) such party or, on and after November 4, 1981, the 11
36-party designation committee may make a nomination to fill such 12
37-vacancy or provide for the making of such nomination as its rules 13
38-prescribe, and (2) if another party that is qualified to nominate a 14
39-candidate for such office does not have a nominee for such office, such 15
40-Committee Bill No. 5610
41-
42-
43-LCO No. 3791 2 of 4
44-
45-party may also nominate a candidate for such office as its rules 16
46-prescribe. No withdrawal, and no nomination to replace a candidate 17
47-who has withdrawn, under this section shall be valid unless the 18
48-candidate who has withdrawn has filed a letter of withdrawal signed 19
49-by such candidate with the Secretary of the State in the case of a state 20
50-or district office or the office of state senator or state representative 21
51-from any district, or with the municipal clerk in the case of a municipal 22
52-office other than state senator or state representative. A copy of such 23
53-candidate's letter of withdrawal to the municipal clerk shall also be 24
54-filed with the Secretary of the State. No nomination to fill a vacancy 25
55-under this section shall be valid unless it is certified to the Secretary of 26
56-the State in the case of a state or district office or the office of state 27
57-senator or state representative from any district, or to the municipal 28
58-clerk in the case of a municipal office other than state senator or state 29
59-representative, by the organization or committee making such 30
60-nomination, at least [twenty-one] forty-two days before the opening of 31
61-the polls on the day of the election, except as otherwise provided by 32
62-this section. If a nominee dies within [twenty-four] forty-six days, but 33
63-prior to [twenty-four hours] forty-two days before the opening of the 34
64-polls on the day of the election for which such nomination has been 35
65-made, the vacancy may be filled in the manner prescribed in this 36
66-section [by two o'clock p.m. of the day before the election] with the 37
67-municipal clerk or the Secretary of the State, as the case may be. If a 38
68-nominee dies within [twenty-four hours] forty-two days before the 39
69-opening of the polls and prior to the close of the polls on the day of the 40
70-election for which such nomination has been made, such nominee shall 41
71-not be replaced and the votes cast for such nominee shall be canvassed 42
72-and counted, and if such nominee receives a plurality of the votes cast, 43
73-a vacancy shall exist in the office for which the nomination was made. 44
74-The vacancy shall then be filled in a manner prescribed by law. A copy 45
75-of such certification to the municipal clerk shall also be filed with the 46
76-Secretary of the State. Such nomination to fill a vacancy due to death or 47
77-disqualification shall include a statement setting forth the reason for 48
78-such vacancy. If at the time such nomination is certified to the 49
79-Committee Bill No. 5610
80-
81-
82-LCO No. 3791 3 of 4
83-
84-Secretary of the State or to the municipal clerk, as the case may be, the 50
85-[ballot labels] ballots have already been printed, the Secretary of the 51
86-State shall direct the municipal clerk in each municipality affected to 52
87-(A) have the [ballot labels] ballots reprinted with the nomination thus 53
88-made included thereon, (B) cause printed stickers to be affixed to the 54
89-[ballot labels] ballots so that the name of any candidate who has died, 55
90-withdrawn or been disqualified is deleted and the name of any 56
91-candidate chosen to fill such vacancy appears in the same position as 57
92-that in which the vacated candidacy appeared, or (C) cause blank 58
93-stickers to be so affixed if the vacancy is not filled. 59
94-Sec. 2. Section 9-428 of the general statutes is repealed and the 60
95-following is substituted in lieu thereof (Effective from passage): 61
96-If a party-endorsed candidate for nomination to an office or for 62
97-election to the position of town committee member, prior to [twenty-63
98-four hours before the opening of the polls at the primary, dies or, prior 64
99-to ten] thirty-two days before the day of such primary, dies, withdraws 65
100-his or her name from nomination or for any reason becomes 66
101-disqualified to hold the office or position for which he or she is a 67
102-candidate, the state central committee, the town committee or other 68
103-authority of the party which endorsed such candidate may make an 69
104-endorsement to fill such vacancy or provide for the making of such 70
105-endorsement, in such manner as is prescribed in the rules of such 71
106-party, and certify to the registrar and municipal clerk or to the 72
107-Secretary of the State, as the case may be, the name of the person so 73
108-endorsed. If such certification is made at least [twenty-four hours prior 74
109-to the opening of the polls at the primary, in the case of such an 75
110-endorsement to replace a candidate who has died, or at least seven] 76
111-twenty-eight days before the day of such primary, in the case of such 77
112-an endorsement to replace a candidate who has died, withdrawn or 78
113-become disqualified, such person so endorsed shall run in the primary 79
114-as the party-endorsed candidate, except as provided in sections 9-416 80
115-and 9-417. If such certification of another party-endorsed candidate has 81
116-been made within the time specified in this section, and if the ballots 82
117-Committee Bill No. 5610
118-
119-
120-LCO No. 3791 4 of 4
121-
122-have already been printed and the names of the candidates for such 83
123-office or position appear on the ballots, the Secretary of the State or the 84
124-registrar, as the case may be, shall direct the clerk of each municipality 85
125-holding such primary to have the ballots reprinted with the name of 86
126-the person so certified included thereon. [; provided, in the case of 87
127-such an endorsement to replace a candidate who has died, if such 88
128-certification has been made less than ninety-six hours but at least 89
129-twenty-four hours prior to the opening of the polls at the primary, 90
130-such Secretary or registrar shall direct such clerk to have stickers 91
131-printed and inserted upon the ballots, having the name of the person 92
132-so certified appearing thereon, and the moderator in each polling place 93
133-shall cause such stickers to be pasted on the ballots before the opening 94
134-of the polls at such primary.] 95
135-This act shall take effect as follows and shall amend the following
136-sections:
137-
138-Section 1 from passage 9-460
139-Sec. 2 from passage 9-428
140-
24+That title 9 of the general statutes be amended to provide that in the 1
25+event of vacancy in candidacy on a ballot at an election or primary, any 2
26+candidate chosen to fill such vacancy shall be so chosen prior to the 3
27+time at which the municipal clerk is required to issue printed absentee 4
28+and overseas ballots. 5
14129 Statement of Purpose:
14230 To ensure that absentee and overseas ballots accurately reflect the
14331 candidates for nomination or election.
144-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
145-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
146-not underlined.]
147-
148-Co-Sponsors: REP. COOK, 65th Dist.
149-
150-H.B. 5610
151-
152-