Connecticut 2019 Regular Session

Connecticut House Bill HB07322 Compare Versions

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Version 2 (New)

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7	5		General Assembly Raised Bill No. 7322
8	6		January Session, 2019
9	7		LCO No. 5147
10	8
11	9
12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
14	12
15	13
16	14		Introduced by:
17	15		(GAE)
	16	+
18	17
19	18
20	19
21	20		AN ACT CONCERNING BA LLOT DESIGN.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 9-250 of the general statutes is repealed and the 1
26	25		following is substituted in lieu thereof (Effective from passage): 2
27	26		(a) Ballots shall be printed in plain clear type and on material of 3
28	27		such size as will fit the tabulator, and shall be furnished by the 4
29	28		registrar of voters. The size and style of the type used to print the 5
30	29		name of a political party on a ballot shall be identical with the size and 6
31	30		style of the type used to print the names of all other political parties 7
32	31		appearing on such ballot. The name of each major party candidate for a 8
33	32		municipal office, as defined in section 9-372, except for the municipal 9
34	33		offices of state senator and state representative, shall appear on the 10
35	34		ballot as authorized by each candidate. The name of each major party 11
36	35		candidate for a state or district office, as defined in section 9-372, or for 12
37	36		the municipal office of state senator or state representative shall appear 13
38	37		on the ballot as it appears on the certificate or statement of consent 14
39		-	filed under section 9-388, subsection (b) of section 9-391, or section 9-15
40		-	400 or 9-409. The name of each minor party candidate shall appear on 16 Raised Bill No. 7322
	38	+	filed under section 9-388, subsection (b) of section 9-391, or section 9-15 Raised Bill No. 7322
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	44	+	400 or 9-409. The name of each minor party candidate shall appear on 16
47	45		the ballot as authorized by each candidate. The name of each 17
48	46		nominating petition candidate shall appear on the ballot as it is 18
49	47		verified by the town clerk on the application filed under section 9-19
50	48		453b. The size and style of the type used to print the name of a 20
51	49		candidate on a ballot shall be identical with the size and style of the 21
52	50		type used to print the names of all other candidates appearing on such 22
53	51		ballot. Such ballot shall contain the names of the offices and the names 23
54	52		of the candidates arranged thereon. The names of the political parties 24
55	53		and party designations shall be arranged on the ballots and followed 25
56	54		by the word "party", either in columns or horizontal rows as set forth 26
57	55		in section 9-249a, as amended by this act, immediately adjacent to the 27
58	56		column or row occupied by the candidate or candidates of such 28
59	57		political party or organization. The ballot shall be printed in such 29
60	58		manner as to indicate how many candidates the elector may vote for 30
61	59		each office, provided in the case of a town adopting the provisions of 31
62	60		section 9-204a, such ballot shall indicate the maximum number of 32
63	61		candidates who may be elected to such office from any party. If two or 33
64	62		more candidates are to be elected to the same office for different terms, 34
65	63		the term for which each is nominated shall be printed on the official 35
66	64		ballot as a part of the title of the office. If, at any election, one candidate 36
67	65		is to be elected for a full term and another to fill a vacancy, the official 37
68	66		ballot containing the names of the candidates in the foregoing order 38
69	67		shall, as a part of the title of the office, designate the term which such 39
70	68		candidates are severally nominated to fill. No column, under the name 40
71	69		of any political party or independent organization, shall be printed on 41
72	70		any official ballot, which contains more candidates for any office than 42
73	71		the number for which an elector may vote for that office. 43
74	72		(b) Not later than ten days prior to an election, the registrars of 44
75	73		voters of each municipality shall file with the Secretary of the State, for 45
76	74		each voting district in such municipality, the official ballot to be used 46
77	75		for such voting district. No such official ballot shall be used at any 47
78	76		election unless it has been approved by the Secretary of the State. 48
79	77		Sec. 2. Subsection (j) of section 9-437 of the general statutes is 49 Raised Bill No. 7322
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86	83		repealed and the following is substituted in lieu thereof (Effective from 50
87	84		passage): 51
88	85		(j) (1) All ballots used at a primary shall be prepared by the clerk of 52
89	86		the municipality in which such primary is held and shall be printed at 53
90	87		the expense of the municipality. Not later than ten days prior to a 54
91	88		primary, such clerk shall file with the Secretary of the State, for each 55
92	89		voting district in such municipality at which such primary is held, the 56
93	90		ballot to be used for such voting district. No such ballot shall be used 57
94	91		at any primary unless it has been approved by the Secretary of the 58
95	92		State. 59
96	93		(2) Each municipality shall provide for all polling places: 60
97	94		[(1)] (A) At least forty-eight hours before the primary, such clerk 61
98	95		shall have sample ballots for general distribution, which shall contain 62
99	96		the offices or positions and names of candidates to be voted upon. 63
100	97		Each such sample ballot shall also include printed instructions 64
101	98		approved by the Secretary of the State concerning the use of the voting 65
102	99		tabulator and information concerning the date of the primary and the 66
103	100		hours during which polling places will be open. Such clerk shall have 67
104	101		available for distribution such number of sample ballots as such clerk 68
105	102		deems advisable, but in no event less than three which shall be posted 69
106	103		inside the polling place so as to be visible to those within the polling 70
107	104		place during the whole day of the primary. At least one of such sample 71
108	105		ballots shall be posted so as to be visible to an elector being instructed 72
109	106		on the demonstrator device, pursuant to section 9-260. If paper ballots 73
110	107		are used in any primary, such sample paper ballots shall be 74
111	108		overprinted with the word "Sample"; 75
112	109		[(2)] (B) Instructions on how to cast a provisional ballot, as 76
113	110		prescribed by the Secretary of the State; 77
114	111		[(3)] (C) Instructions for mail-in registrants and first-time voters 78
115	112		who register to vote by mail on or after January 1, 2003, as prescribed 79
116	113		by the Secretary of the State; 80 Raised Bill No. 7322
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123	119		[(4)] (D) General information concerning voting rights under federal 81
124	120		and Connecticut laws, including information on the right of an 82
125	121		individual to cast a provisional ballot and instructions on how to 83
126	122		contact the appropriate officials if such rights are alleged to have been 84
127	123		violated, as prescribed by the Secretary of the State; and 85
128	124		[(5)] (E) General information on federal and state laws concerning 86
129	125		prohibitions on acts of fraud and misrepresentation, as prescribed by 87
130	126		the Secretary of the State. 88
131	127		Sec. 3. Subsection (a) of section 9-135a of the general statutes is 89
132	128		repealed and the following is substituted in lieu thereof (Effective from 90
133	129		passage): 91
134	130		(a) Each absentee ballot shall be arranged to resemble the 92
135	131		appropriate ballot and sample ballot as prescribed by law, and shall 93
136	132		include, as applicable, the offices, party designations, names of 94
137	133		candidates and questions to be voted upon and spaces for write-in 95
138	134		votes. A replica of the state seal shall be printed on the ballot. The size, 96
139	135		type, form, instructions, specifications for paper and printing and 97
140	136		other specifications shall be prescribed by the Secretary of the State. 98
141	137		Prior to printing such absentee ballots pursuant to section 9-135a, as 99
142	138		amended by this act, the clerk of the municipality shall file with the 100
143	139		Secretary of the State, for each voting district in such municipality, the 101
144	140		absentee ballot to be used for such voting district. No such absentee 102
145	141		ballot shall be used at any election or primary unless it has been 103
146	142		approved by the Secretary of the State. 104
147	143		Sec. 4. Section 9-135b of the general statutes is repealed and the 105
148	144		following is substituted in lieu thereof (Effective from passage): 106
149	145		(a) Immediately after the deadline for certification of all candidates 107
150	146		whose names are to appear on the ballot, and in sufficient time to 108
151	147		begin issuing absentee ballots on the day prescribed by law, the 109
152	148		municipal clerk shall prepare the absentee ballots and have them 110
153		-	printed. Prior to printing such ballots, the registrars of voters of the 111 Raised Bill No. 7322
	149	+	printed. Prior to printing such ballots, the registrars of voters of the 111
	150	+	municipality may provide comments concerning the content and form 112 Raised Bill No. 7322
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160		-	municipality may provide comments concerning the content and form 112
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161	156		of such ballots to the clerk, provided no such ballot shall be printed 113
162	157		unless the Secretary of the State has approved thereof in accordance 114
163	158		with section 9-135a, as amended by this act. 115
164	159		(b) A layout model of each different absentee ballot shall be 116
165	160		available for public inspection at the clerk's office prior to printing. The 117
166	161		model shall indicate the type face to be used, the spelling and 118
167	162		placement of names and other information to be printed on the ballots. 119
168	163		(c) Immediately upon receiving the printed absentee ballots, the 120
169	164		municipal clerk shall file one with the Secretary of the State or, if there 121
170	165		are different ballots for different political subdivisions, one ballot for 122
171	166		each subdivision. The clerk shall also file his affidavit with the 123
172	167		Secretary, stating the number of ballots printed. The form of affidavit 124
173	168		shall be prescribed by the Secretary. If any correction or alteration is 125
174	169		subsequently made on any absentee ballot the clerk shall immediately 126
175	170		file a corrected or altered ballot and, using the prescribed form, his 127
176	171		affidavit stating the number of such ballots printed, with the Secretary. 128
177	172		(d) If a vacancy in candidacy occurs after the ballots have been 129
178	173		printed, the clerk may either reprint the ballots or cause blank or 130
179	174		printed stickers, as the case may be, to be affixed to them so that the 131
180	175		name of any candidate who has vacated his candidacy is deleted and 132
181	176		the name of any candidate chosen to fill the vacancy as provided in 133
182	177		section 9-428, as amended by this act, or section 9-460, as amended by 134
183	178		this act, appears in the same position as that in which the vacated 135
184	179		candidacy appeared except as provided in section 9-426 or 9-453s. 136
185	180		(e) [The] Nothing in this section shall be construed to prohibit the 137
186	181		Secretary of the State [shall examine each absentee ballot required to be 138
187	182		filed pursuant to this section and if a ballot contains an omission or 139
188	183		error, the Secretary shall order] from ordering the municipal clerk to 140
189	184		reprint a corrected absentee ballot or to take such other action as the 141
190	185		Secretary may deem appropriate in the case of an absentee ballot that 142
191		-	contains an omission or error. 143 Raised Bill No. 7322
	186	+	contains an omission or error. 143
	187	+	Sec. 5. Section 9-256 of the general statutes is repealed and the 144 Raised Bill No. 7322
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198		-	Sec. 5. Section 9-256 of the general statutes is repealed and the 144
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199	193		following is substituted in lieu thereof (Effective from passage): 145
200	194		[The registrars of voters of each municipality shall, not less than ten 146
201	195		days prior to an election, file with the Secretary of the State a sample 147
202	196		ballot identical with those to be provided for each polling place under 148
203	197		section 9-255. The Secretary of the State shall examine the sample 149
204	198		ballot required to be filed under this section, and if such sample ballot 150
205	199		contains an error, the Secretary of the State shall order] 151
206	200		Notwithstanding the provisions of subsection (b) of section 9-250, as 152
207	201		amended by this act, the Secretary of the State may order the registrars 153
208	202		of voters to reprint a corrected [sample] ballot or to take other such 154
209	203		action as the Secretary may deem appropriate in the case of any ballot 155
210	204		that contains an omission or error. 156
211	205		Sec. 6. Section 9-460 of the general statutes is repealed and the 157
212	206		following is substituted in lieu thereof (Effective from passage): 158
213	207		If any party has nominated a candidate for office, or, on and after 159
214	208		November 4, 1981, if a candidate has qualified to appear on any ballot 160
215	209		by nominating petition under a reserved party designation, in 161
216	210		accordance with the provisions of this chapter, and such nominee 162
217	211		thereafter, but prior to [twenty-four] forty-six days before the opening 163
218	212		of the polls on the day of the election for which such nomination has 164
219	213		been made, dies, withdraws such nominee's name or for any reason 165
220	214		becomes disqualified to hold the office for which such nominee has 166
221	215		been nominated, (1) such party or, on and after November 4, 1981, the 167
222	216		party designation committee may make a nomination to fill such 168
223	217		vacancy or provide for the making of such nomination as its rules 169
224	218		prescribe, and (2) if another party that is qualified to nominate a 170
225	219		candidate for such office does not have a nominee for such office, such 171
226	220		party may also nominate a candidate for such office as its rules 172
227	221		prescribe. No withdrawal, and no nomination to replace a candidate 173
228	222		who has withdrawn, under this section shall be valid unless the 174
229	223		candidate who has withdrawn has filed a letter of withdrawal signed 175
230		-	by such candidate with the Secretary of the State in the case of a state 176 Raised Bill No. 7322
	224	+	by such candidate with the Secretary of the State in the case of a state 176
	225	+	or district office or the office of state senator or state representative 177 Raised Bill No. 7322
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237		-	or district office or the office of state senator or state representative 177
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238	231		from any district, or with the municipal clerk in the case of a municipal 178
239	232		office other than state senator or state representative. A copy of such 179
240	233		candidate's letter of withdrawal to the municipal clerk shall also be 180
241	234		filed with the Secretary of the State. No nomination to fill a vacancy 181
242	235		under this section shall be valid unless it is certified to the Secretary of 182
243	236		the State in the case of a state or district office or the office of state 183
244	237		senator or state representative from any district, or to the municipal 184
245	238		clerk in the case of a municipal office other than state senator or state 185
246	239		representative, by the organization or committee making such 186
247	240		nomination, at least [twenty-one] forty-two days before the opening of 187
248	241		the polls on the day of the election, except as otherwise provided by 188
249	242		this section. If a nominee dies within [twenty-four] forty-six days, but 189
250	243		prior to [twenty-four hours] forty-two days before the opening of the 190
251	244		polls on the day of the election for which such nomination has been 191
252	245		made, the vacancy may be filled in the manner prescribed in this 192
253	246		section [by two o'clock p.m. of the day before the election] with the 193
254	247		municipal clerk or the Secretary of the State, as the case may be. If a 194
255	248		nominee dies within [twenty-four hours] forty-two days before the 195
256	249		opening of the polls and prior to the close of the polls on the day of the 196
257	250		election for which such nomination has been made, such nominee shall 197
258	251		not be replaced and the votes cast for such nominee shall be canvassed 198
259	252		and counted, and if such nominee receives a plurality of the votes cast, 199
260	253		a vacancy shall exist in the office for which the nomination was made. 200
261	254		The vacancy shall then be filled in a manner prescribed by law. A copy 201
262	255		of such certification to the municipal clerk shall also be filed with the 202
263	256		Secretary of the State. Such nomination to fill a vacancy due to death or 203
264	257		disqualification shall include a statement setting forth the reason for 204
265	258		such vacancy. If at the time such nomination is certified to the 205
266	259		Secretary of the State or to the municipal clerk, as the case may be, the 206
267	260		[ballot labels] ballots have already been printed, the Secretary of the 207
268	261		State shall direct the municipal clerk in each municipality affected to 208
269	262		(A) have the [ballot labels] ballots reprinted with the nomination thus 209
270	263		made included thereon, (B) cause printed stickers to be affixed to the 210
271		-	[ballot labels] ballots so that the name of any candidate who has died, 211 Raised Bill No. 7322
	264	+	[ballot labels] ballots so that the name of any candidate who has died, 211
	265	+	withdrawn or been disqualified is deleted and the name of any 212 Raised Bill No. 7322
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278		-	withdrawn or been disqualified is deleted and the name of any 212
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279	271		candidate chosen to fill such vacancy appears in the same position as 213
280	272		that in which the vacated candidacy appeared, or (C) cause blank 214
281	273		stickers to be so affixed if the vacancy is not filled. 215
282	274		Sec. 7. Section 9-428 of the general statutes is repealed and the 216
283	275		following is substituted in lieu thereof (Effective from passage): 217
284	276		If a party-endorsed candidate for nomination to an office or for 218
285	277		election to the position of town committee member, prior to [twenty-219
286	278		four hours before the opening of the polls at the primary, dies or, prior 220
287	279		to ten] thirty-two days before the day of such primary, dies, withdraws 221
288	280		his or her name from nomination or for any reason becomes 222
289	281		disqualified to hold the office or position for which he or she is a 223
290	282		candidate, the state central committee, the town committee or other 224
291	283		authority of the party which endorsed such candidate may make an 225
292	284		endorsement to fill such vacancy or provide for the making of such 226
293	285		endorsement, in such manner as is prescribed in the rules of such 227
294	286		party, and certify to the registrar and municipal clerk or to the 228
295	287		Secretary of the State, as the case may be, the name of the person so 229
296	288		endorsed. If such certification is made at least [twenty-four hours prior 230
297	289		to the opening of the polls at the primary, in the case of such an 231
298	290		endorsement to replace a candidate who has died, or at least seven] 232
299	291		twenty-eight days before the day of such primary, in the case of such 233
300	292		an endorsement to replace a candidate who has died, withdrawn or 234
301	293		become disqualified, such person so endorsed shall run in the primary 235
302	294		as the party-endorsed candidate, except as provided in sections 9-416 236
303	295		and 9-417. If such certification of another party-endorsed candidate has 237
304	296		been made within the time specified in this section, and if the ballots 238
305	297		have already been printed and the names of the candidates for such 239
306	298		office or position appear on the ballots, the Secretary of the State or the 240
307	299		registrar, as the case may be, shall direct the clerk of each municipality 241
308	300		holding such primary to [have the ballots reprinted with the name of 242
309	301		the person so certified included thereon; provided, in the case of such 243
310		-	an endorsement to replace a candidate who has died, if such 244 Raised Bill No. 7322
	302	+	an endorsement to replace a candidate who has died, if such 244
	303	+	certification has been made less than ninety-six hours but at least 245
	304	+	twenty-four hours prior to the opening of the polls at the primary, 246 Raised Bill No. 7322
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317		-	~~certification has been made less than ninety-six~~ ~~hours but at least 245~~
318		-	~~twenty-four hours prior to the opening of the polls at the primary, 246~~
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319	310		such Secretary or registrar shall direct such clerk to have stickers 247
320	311		printed and inserted upon the ballots, having the name of the person 248
321	312		so certified appearing thereon, and the moderator in each polling place 249
322	313		shall cause such stickers to be pasted on the ballots before the opening 250
323	314		of the polls at such primary] (A) have the ballots reprinted with the 251
324	315		endorsement thus made included thereon, (B) cause printed stickers to 252
325	316		be affixed to the ballots so that the name of any candidate who has 253
326	317		died, withdrawn or been disqualified is deleted and the name of any 254
327	318		candidate chosen to fill such vacancy appears in the same position as 255
328	319		that in which the vacated candidacy appeared, or (C) cause blank 256
329	320		stickers to be so affixed if the vacancy is not filled. 257
330	321		Sec. 8. Section 9-249a of the general statutes is repealed and the 258
331	322		following is substituted in lieu thereof (Effective from passage): 259
332	323		(a) The names of the parties shall be arranged on the ballots in the 260
333	324		following order: 261
334	325		(1) The party [whose candidate for Governor polled the highest 262
335	326		number of votes in] of the Governor elected at the last-preceding 263
336	327		election; 264
337	328		(2) Other parties who had candidates for Governor in the last-265
338	329		preceding election, in descending order, according to the number of 266
339	330		votes polled for each such candidate; 267
340	331		(3) Minor parties who had no candidate for Governor in the last-268
341	332		preceding election; 269
342	333		(4) Petitioning candidates with party designation whose names are 270
343	334		contained in petitions approved pursuant to section 9-453o; and 271
344	335		(5) Petitioning candidates with no party designation whose names 272
345		-	are contained in petitions approved pursuant to section 9-453o. 273 Raised Bill No. 7322
	336	+	are contained in petitions approved pursuant to section 9-453o. 273
	337	+	[(b) Within each of subdivisions (3) and (4) of subsection (a) of this 274
	338	+	section, the following rules shall apply in the following order: 275 Raised Bill No. 7322
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352		-	~~[(b) Within each~~ of ~~subdivisions (3) and (4) of subsection (a) of this 274~~
353		-	~~section, the following rules shall apply in the following order: 275~~
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354	344		(1) Precedence shall be given to the party any of whose candidates 276
355	345		seeks an office representing more people than are represented by any 277
356	346		office sought by any candidate of any other party; 278
357	347		(2) A party having prior sequence of office as set forth in section 9-279
358	348		251 shall be given precedence; and 280
359	349		(3) Parties shall be listed in alphabetical order.] 281
360	350		(b) Within each of subdivisions (3) and (4) of subsection (a) of this 282
361	351		section, the parties shall be listed in alphabetical order. 283
362	352		(c) Within subdivision (5) of subsection (a) of this section, 284
363	353		candidates shall be listed according to the provisions of section 9-453r. 285
364	354		This act shall take effect as follows and shall amend the following
365	355		sections:
366	356
367	357		Section 1 from passage 9-250
368	358		Sec. 2 from passage 9-437(j)
369	359		Sec. 3 from passage 9-135a(a)
370	360		Sec. 4 from passage 9-135b
371	361		Sec. 5 from passage 9-256
372	362		Sec. 6 from passage 9-460
373	363		Sec. 7 from passage 9-428
374	364		Sec. 8 from passage 9-249a
375	365
376		-	GAE Joint Favorable
	366	+	Statement of Purpose:
	367	+	To provide for greater consistency in the form of ballots state-wide,
	368	+	limit late-occurring changes in candidacy on ballots and modify the
	369	+	ordering of minor and petitioning parties on ballots.
	370	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	371	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	372	+	not underlined.]
377	373