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statutes are repealed and the following is substituted in lieu thereof 2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