LCO No. 3791 1 of 4 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 Section 9-460 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 If any party has nominated a candidate for office, or, on and after 3 November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 Committee Bill No. 5610 LCO No. 3791 2 of 4 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 No withdrawal, and no nomination to replace a candidate 17 who has withdrawn, under this section shall be valid unless the 18 candidate who has withdrawn has filed a letter of withdrawal signed 19 by such candidate with the Secretary of the State in the case of a state 20 or district office or the office of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 Committee Bill No. 5610 LCO No. 3791 3 of 4 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 Committee Bill No. 5610 LCO No. 3791 4 of 4 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