Connecticut 2019 Regular Session

Connecticut House Bill HB05610 Latest Draft

Bill / Comm Sub Version Filed 02/06/2019

                             
 
 
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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 Section 9-460 of the general statutes is repealed and the 1 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who has withdrawn, under this section shall be valid unless the 18 
candidate who has withdrawn has filed a letter of withdrawal signed 19 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