Connecticut 2019 Regular Session

Connecticut House Bill HB06065 Compare Versions

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3+LCO No. 2638 1 of 1
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4-LCO No. 5329 1 of 7
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6-General Assembly Committee Bill No. 6065
5+General Assembly Proposed Bill No. 6065
76 January Session, 2019
8-LCO No. 5329
7+LCO No. 2638
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109
1110 Referred to Committee on GOVERNMENT ADMINISTRATION
1211 AND ELECTIONS
1312
1413
1514 Introduced by:
16-(GAE)
15+REP. GILCHREST, 18th Dist.
1716
1817
1918
2019 AN ACT CONCERNING SPECIAL ELECTIONS TO FILL STATE
2120 LEGISLATIVE VACANCIES.
2221 Be it enacted by the Senate and House of Representatives in General
2322 Assembly convened:
2423
25-Section 1. Subsections (d) and (e) of section 9-215 of the general 1
26-statutes are repealed and the following is substituted in lieu thereof 2
27-(Effective October 1, 2019): 3
28-(d) (1) [If such] (A) Except as provided in subparagraph (B) of this 4
29-subdivision, if a vacancy resulting from the resignation or death of a 5
30-member or member-elect of the General Assembly exists in a senatorial 6
31-or assembly district composed of a single town or part of a single 7
32-town, [such] nominations by political parties to fill any such vacancy 8
33-shall be made as the rules of such parties provide, in accordance with 9
34-section 9-390, and filed with the Secretary of the State; except that [(A)] 10
35-(i) if such rules provide for selection by delegates and the vacancy 11
36-exists in a senatorial or assembly district composed of a single town, 12
37-the delegates to the convention held for the nomination of a candidate 13
38-for the office of state senator or state representative in such town at the 14
39-last state election shall be the delegates for the purpose of selecting a 15
40-Committee Bill No. 6065
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43-LCO No. 5329 2 of 7
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45-[candidate] nominee to fill such vacancy; [(B)] (ii) if such rules provide 16
46-for the selection by delegates and the vacancy exists in a senatorial or 17
47-assembly district composed of part of a single town, the delegates to 18
48-the convention held for the nomination of a candidate for the office of 19
49-state senator or state representative in such district at the last state 20
50-election shall be the delegates for the purpose of selecting a [candidate] 21
51-nominee to fill such vacancy; and [(C)] (iii) if such rules provide for 22
52-direct primaries under section 9-390, the nomination shall be made by 23
53-the town committee of such party in the case of a vacancy in a 24
54-senatorial or assembly district composed of a single town and, in a 25
55-senatorial or assembly district composed of part of a single town, by 26
56-the members of the town committee from such political subdivision or 27
57-senatorial or assembly district. 28
58-(B) (i) If a vacancy resulting from the resignation or death of a 29
59-member or member-elect of the General Assembly exists in (I) a 30
60-senatorial or assembly district composed of a single town, nominations 31
61-by political parties to fill any such vacancy may be made by caucus of 32
62-the enrolled members of such parties in such town, or (II) a senatorial 33
63-or assembly district composed of part of a single town, nominations by 34
64-political parties to fill any such vacancy may be made by caucus of the 35
65-enrolled members of such parties in such district. 36
66-(ii) As used in this subparagraph, "caucus" means any meeting, at a 37
67-designated hour and place, or at designated hours and places, of the 38
68-enrolled members of a political party within a town or district, as 39
69-applicable, for the purpose of making nominations to fill a vacancy 40
70-resulting from the resignation or death of a member or member-elect 41
71-of the General Assembly. 42
72-(2) [If such] (A) Except as provided in subparagraph (B) of this 43
73-subdivision, if a vacancy resulting from the resignation or death of a 44
74-member or member-elect of the General Assembly exists in a district 45
75-office, as defined in section 9-372, nominations by political parties to 46
76-fill any such vacancy shall be made by the delegates to the senatorial 47
77-Committee Bill No. 6065
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82-or assembly convention for the last state election. [shall be the 48
83-delegates for the purpose of selecting a candidate to fill such vacancy.] 49
84-(B) (i) If a vacancy resulting from the resignation or death of a 50
85-member or member-elect of the General Assembly exists in a district 51
86-office, nominations by political parties to fill any such vacancy may be 52
87-made by caucus of the enrolled members of such parties in the 53
88-geographic portion of the state served by such district office. 54
89-(ii) As used in this subparagraph, "caucus" means any meeting, at a 55
90-designated hour and place, or at designated hours and places, of the 56
91-enrolled members of a political party within the geographic portion of 57
92-the state served by a district office for the purpose of making 58
93-nominations to fill a vacancy resulting from the resignation or death of 59
94-a member or member-elect of the General Assembly. 60
95-(3) If a vacancy occurs in the delegation from any town, political 61
96-subdivision or district, such vacancy may be filled by the town 62
97-committee of the town in which the delegate resided. 63
98-(4) Nominations by political parties pursuant to this section may be 64
99-made and certified at any time after the resignation or death of the 65
100-member or member-elect of the General Assembly and not later than 66
101-the thirty-sixth day before the day of the election. No such nomination 67
102-shall be effective until the presiding officer or secretary of any district 68
103-convention, or the chairperson or presiding officer of any caucus held 69
104-pursuant to subdivision (2) of this subsection, has certified the 70
105-nomination to the Secretary of the State or, in the case of a vacancy in a 71
106-senatorial or assembly district composed of a single town or part 72
107-thereof, until the presiding officer or secretary of the town committee 73
108-or single town convention, or the chairperson or presiding officer of 74
109-any caucus held pursuant to subdivision (1) of this subsection, has 75
110-certified the nomination to the Secretary of the State. If a certificate of a 76
111-party's nomination to fill a vacancy resulting from the resignation or 77
112-death of a member or member-elect of the General Assembly is not 78
113-received by the Secretary of the State on or before the thirty-sixth day 79
114-Committee Bill No. 6065
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119-prior to the day of the election, such certificate shall be invalid and 80
120-such party, for the purposes of section 9-224a, shall be deemed to have 81
121-made no valid certification of nomination [by a political party] for such 82
122-senatorial or assembly office. 83
123-(e) No primary shall be held for the nomination of any political 84
124-party to fill any vacancy in the office of state senator or state 85
125-representative and the [party-endorsed candidate so selected] 86
126-candidate selected in accordance with subsection (d) of this section 87
127-shall be deemed, for the purposes of chapter 153, the person certified 88
128-by the Secretary of the State under section 9-444 as the nominee of such 89
129-party. 90
130-Sec. 2. Subparagraph (A) of subdivision (5) of subsection (a) of 91
131-section 9-7b of the general statutes is repealed and the following is 92
132-substituted in lieu thereof (Effective October 1, 2019): 93
133-(5) (A) To inspect or audit at any reasonable time and upon 94
134-reasonable notice the accounts or records of any treasurer or principal 95
135-treasurer, except as provided for in subparagraph (B) of this 96
136-subdivision, as required by chapter 155 or 157 and to audit any such 97
137-election, primary or referendum held within the state; provided, (i) (I) 98
138-not later than two months preceding the day of an election at which a 99
139-candidate is seeking election, the commission shall complete any audit 100
140-it has initiated in the absence of a complaint that involves a committee 101
141-of the same candidate from a previous election, and (II) during the 102
142-two-month period preceding the day of an election at which a 103
143-candidate is seeking election, the commission shall not initiate an audit 104
144-in the absence of a complaint that involves a committee of the same 105
145-candidate from a previous election, and (ii) the commission shall not 106
146-audit any caucus, as defined in subdivision (1) of section 9-372, or any 107
147-caucus held pursuant to subsection (d) of section 9-215, as amended by 108
148-this act. 109
149-Sec. 3. Section 9-396 of the general statutes is repealed and the 110
150-following is substituted in lieu thereof (Effective October 1, 2019): 111
151-Committee Bill No. 6065
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154-LCO No. 5329 5 of 7
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156-At any caucus of the enrolled members of any party in any 112
157-municipality or in any voting district of any municipality, [the 113
158-chairman] or at any caucus held pursuant to subsection (d) of section 114
159-9-215, as amended by this act, the chairperson or presiding officer of 115
160-such caucus shall, upon the receipt of a written motion from any 116
161-person lawfully participating in such caucus calling for a vote by ballot 117
162-upon such matter as such motion designates, submit such motion to a 118
163-rising vote; and, if fifteen electors present and legally entitled to 119
164-participate in such caucus vote in favor of such motion, the vote on the 120
165-matter specified in such motion shall be by ballot. The chairperson or 121
166-presiding officer shall thereupon appoint two tellers; and, upon the 122
167-written application of fifteen electors legally entitled to participate in 123
168-such caucus, he or she shall appoint a teller from the persons whose 124
169-names appear on such application. Before any ballot is deposited, the 125
170-name of the elector offering to vote shall be given to the clerk or 126
171-secretary of such caucus, and such name shall be checked on the 127
172-enrollment list of such party. No person shall vote or participate or 128
173-attempt to vote or participate in any caucus of a party in any voting 129
174-district unless he is enrolled on the last-completed enrollment list of 130
175-such party in such voting district; provided, if the party rules of such 131
176-party provide for a joint caucus for two or more voting districts of a 132
177-municipality, a person may vote in such joint caucus if the voting 133
178-district in which he is enrolled is participating in such joint caucus. 134
179-Any person who violates any provision of this section shall be guilty of 135
180-a class D misdemeanor. 136
181-Sec. 4. Section 9-414 of the general statutes is repealed and the 137
182-following is substituted in lieu thereof (Effective October 1, 2019): 138
183-(a) No town committee, caucus or convention shall endorse and 139
184-certify to the clerk of a municipality, and no primary shall choose, 140
185-more candidates for nomination to municipal office or more persons as 141
186-members of a town committee than an elector may vote for in each 142
187-such case. As used in this subsection, "caucus", "convention" and 143
188-"primary" have the same meanings as provided in section 9-372. 144
189-Committee Bill No. 6065
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192-LCO No. 5329 6 of 7
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194-(b) No caucus, as defined in subdivision (1) or (2), as applicable, of 145
195-subsection (d) of section 9-215, as amended by this act, and held 146
196-pursuant to said subsection, shall nominate and certify to the Secretary 147
197-of the State more candidates for nomination to the office of state 148
198-senator or state representative than an elector may vote for in the 149
199-election held pursuant to said section. 150
200-Sec. 5. Section 9-431a of the general statutes is repealed and the 151
201-following is substituted in lieu thereof (Effective October 1, 2019): 152
202-A person whose name does not appear on the registry list of any 153
203-town or district shall not be eligible to vote in any caucus, primary or 154
204-town convention, as those terms are defined in section 9-372, within 155
205-such town, or in any caucus, as defined in subdivision (1) or (2), as 156
206-applicable, of subsection (d) of section 9-215, as amended by this act, 157
207-and held pursuant to said subsection. 158
208-Sec. 6. Subdivision (3) of subsection (a) of section 9-706 of the 159
209-general statutes are repealed and the following is substituted in lieu 160
210-thereof (Effective October 1, 2019): 161
211-(3) A participating candidate for nomination to the office of state 162
212-senator or state representative at a special election in 2008, or 163
213-thereafter, may apply to the State Elections Enforcement Commission 164
214-for a grant from the fund under the Citizens' Election Program for a 165
215-general election campaign after the close of the (A) district convention, 166
216-(B) caucus held pursuant to subsection (d) of section 9-215, as amended 167
217-by this act, or (C) municipal caucus, convention or town committee 168
218-meeting of the candidate's party that is called for the purpose of 169
219-choosing candidates for nomination for the office that the candidate is 170
220-seeking. As used in subparagraph (B) of this subdivision, "caucus" has 171
221-the same meaning as provided in subdivision (1) or (2), as applicable, 172
222-of subsection (d) of section 9-215, as amended by this act, and as used 173
223-in subparagraph (C) of this subdivision, "caucus" has the same 174
224-meaning as provided in section 9-372. 175
225-Committee Bill No. 6065
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228-LCO No. 5329 7 of 7
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230-This act shall take effect as follows and shall amend the following
231-sections:
232-
233-Section 1 October 1, 2019 9-215(d) and (e)
234-Sec. 2 October 1, 2019 9-7b(a)(5)(A)
235-Sec. 3 October 1, 2019 9-396
236-Sec. 4 October 1, 2019 9-414
237-Sec. 5 October 1, 2019 9-431a
238-Sec. 6 October 1, 2019 9-706(a)(3)
239-
24+That section 9-215 of the general statutes be amended to permit a 1
25+political party to conduct a primary for the purpose of determining the 2
26+nominee who will appear on the ballot at any special election held to 3
27+fill a vacancy in the office of state senator or state representative. 4
24028 Statement of Purpose:
241-To allow political parties to hold caucuses to determine nominees to
242-run in special elections to fill state legislative vacancies.
243-[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
244-except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
245-not underlined.]
246-
247-Co-Sponsors: REP. GILCHREST, 18th Dist.
248-
249-H.B. 6065
250-
251-
29+To allow political parties to conduct primaries to determine nominees
30+to run in special elections held to fill state legislative vacancies.