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General Assembly Committee Bill No. 5610
January Session, 2019
LCO No. 3791
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING REPLACEMENT OF A CAN DIDATE ON A
BALLOT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-460 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
If any party has nominated a candidate for office, or, on and after 3
November 4, 1981, if a candidate has qualified to appear on any ballot 4
by nominating petition under a reserved party designation, in 5
accordance with the provisions of this chapter, and such nominee 6
thereafter, but prior to [twenty-four] forty-six days before the opening 7
of the polls on the day of the election for which such nomination has 8
been made, dies, withdraws such nominee's name or for any reason 9
becomes disqualified to hold the office for which such nominee has 10
been nominated, (1) such party or, on and after November 4, 1981, the 11
party designation committee may make a nomination to fill such 12
vacancy or provide for the making of such nomination as its rules 13
prescribe, and (2) if another party that is qualified to nominate a 14
candidate for such office does not have a nominee for such office, such 15
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party may also nominate a candidate for such office as its rules 16
prescribe. No withdrawal, and no nomination to replace a candidate 17
who has withdrawn, under this section shall be valid unless the 18
candidate who has withdrawn has filed a letter of withdrawal signed 19
by such candidate with the Secretary of the State in the case of a state 20
or district office or the office of state senator or state representative 21
from any district, or with the municipal clerk in the case of a municipal 22
office other than state senator or state representative. A copy of such 23
candidate's letter of withdrawal to the municipal clerk shall also be 24
filed with the Secretary of the State. No nomination to fill a vacancy 25
under this section shall be valid unless it is certified to the Secretary of 26
the State in the case of a state or district office or the office of state 27
senator or state representative from any district, or to the municipal 28
clerk in the case of a municipal office other than state senator or state 29
representative, by the organization or committee making such 30
nomination, at least [twenty-one] forty-two days before the opening of 31
the polls on the day of the election, except as otherwise provided by 32
this section. If a nominee dies within [twenty-four] forty-six days, but 33
prior to [twenty-four hours] forty-two days before the opening of the 34
polls on the day of the election for which such nomination has been 35
made, the vacancy may be filled in the manner prescribed in this 36
section [by two o'clock p.m. of the day before the election] with the 37
municipal clerk or the Secretary of the State, as the case may be. If a 38
nominee dies within [twenty-four hours] forty-two days before the 39
opening of the polls and prior to the close of the polls on the day of the 40
election for which such nomination has been made, such nominee shall 41
not be replaced and the votes cast for such nominee shall be canvassed 42
and counted, and if such nominee receives a plurality of the votes cast, 43
a vacancy shall exist in the office for which the nomination was made. 44
The vacancy shall then be filled in a manner prescribed by law. A copy 45
of such certification to the municipal clerk shall also be filed with the 46
Secretary of the State. Such nomination to fill a vacancy due to death or 47
disqualification shall include a statement setting forth the reason for 48
such vacancy. If at the time such nomination is certified to the 49
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Secretary of the State or to the municipal clerk, as the case may be, the 50
[ballot labels] ballots have already been printed, the Secretary of the 51
State shall direct the municipal clerk in each municipality affected to 52
(A) have the [ballot labels] ballots reprinted with the nomination thus 53
made included thereon, (B) cause printed stickers to be affixed to the 54
[ballot labels] ballots so that the name of any candidate who has died, 55
withdrawn or been disqualified is deleted and the name of any 56
candidate chosen to fill such vacancy appears in the same position as 57
that in which the vacated candidacy appeared, or (C) cause blank 58
stickers to be so affixed if the vacancy is not filled. 59
Sec. 2. Section 9-428 of the general statutes is repealed and the 60
following is substituted in lieu thereof (Effective from passage): 61
If a party-endorsed candidate for nomination to an office or for 62
election to the position of town committee member, prior to [twenty-63
four hours before the opening of the polls at the primary, dies or, prior 64
to ten] thirty-two days before the day of such primary, dies, withdraws 65
his or her name from nomination or for any reason becomes 66
disqualified to hold the office or position for which he or she is a 67
candidate, the state central committee, the town committee or other 68
authority of the party which endorsed such candidate may make an 69
endorsement to fill such vacancy or provide for the making of such 70
endorsement, in such manner as is prescribed in the rules of such 71
party, and certify to the registrar and municipal clerk or to the 72
Secretary of the State, as the case may be, the name of the person so 73
endorsed. If such certification is made at least [twenty-four hours prior 74
to the opening of the polls at the primary, in the case of such an 75
endorsement to replace a candidate who has died, or at least seven] 76
twenty-eight days before the day of such primary, in the case of such 77
an endorsement to replace a candidate who has died, withdrawn or 78
become disqualified, such person so endorsed shall run in the primary 79
as the party-endorsed candidate, except as provided in sections 9-416 80
and 9-417. If such certification of another party-endorsed candidate has 81
been made within the time specified in this section, and if the ballots 82
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have already been printed and the names of the candidates for such 83
office or position appear on the ballots, the Secretary of the State or the 84
registrar, as the case may be, shall direct the clerk of each municipality 85
holding such primary to have the ballots reprinted with the name of 86
the person so certified included thereon. [; provided, in the case of 87
such an endorsement to replace a candidate who has died, if such 88
certification has been made less than ninety-six hours but at least 89
twenty-four hours prior to the opening of the polls at the primary, 90
such Secretary or registrar shall direct such clerk to have stickers 91
printed and inserted upon the ballots, having the name of the person 92
so certified appearing thereon, and the moderator in each polling place 93
shall cause such stickers to be pasted on the ballots before the opening 94
of the polls at such primary.] 95
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-460
Sec. 2 from passage 9-428
Statement of Purpose:
To ensure that absentee and overseas ballots accurately reflect the
candidates for nomination or election.
[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. COOK, 65th Dist.
H.B. 5610