LCO 5147 \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-R01-
HB.docx
1 of 10
General Assembly Raised Bill No. 7322
January Session, 2019
LCO No. 5147
Referred to Committee on GOVERNMENT
ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING BA LLOT DESIGN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-250 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Ballots shall be printed in plain clear type and on material of 3
such size as will fit the tabulator, and shall be furnished by the 4
registrar of voters. The size and style of the type used to print the 5
name of a political party on a ballot shall be identical with the size and 6
style of the type used to print the names of all other political parties 7
appearing on such ballot. The name of each major party candidate for a 8
municipal office, as defined in section 9-372, except for the municipal 9
offices of state senator and state representative, shall appear on the 10
ballot as authorized by each candidate. The name of each major party 11
candidate for a state or district office, as defined in section 9-372, or for 12
the municipal office of state senator or state representative shall appear 13
on the ballot as it appears on the certificate or statement of consent 14
filed under section 9-388, subsection (b) of section 9-391, or section 9-15
400 or 9-409. The name of each minor party candidate shall appear on 16 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
2 of 10
the ballot as authorized by each candidate. The name of each 17
nominating petition candidate shall appear on the ballot as it is 18
verified by the town clerk on the application filed under section 9-19
453b. The size and style of the type used to print the name of a 20
candidate on a ballot shall be identical with the size and style of the 21
type used to print the names of all other candidates appearing on such 22
ballot. Such ballot shall contain the names of the offices and the names 23
of the candidates arranged thereon. The names of the political parties 24
and party designations shall be arranged on the ballots and followed 25
by the word "party", either in columns or horizontal rows as set forth 26
in section 9-249a, as amended by this act, immediately adjacent to the 27
column or row occupied by the candidate or candidates of such 28
political party or organization. The ballot shall be printed in such 29
manner as to indicate how many candidates the elector may vote for 30
each office, provided in the case of a town adopting the provisions of 31
section 9-204a, such ballot shall indicate the maximum number of 32
candidates who may be elected to such office from any party. If two or 33
more candidates are to be elected to the same office for different terms, 34
the term for which each is nominated shall be printed on the official 35
ballot as a part of the title of the office. If, at any election, one candidate 36
is to be elected for a full term and another to fill a vacancy, the official 37
ballot containing the names of the candidates in the foregoing order 38
shall, as a part of the title of the office, designate the term which such 39
candidates are severally nominated to fill. No column, under the name 40
of any political party or independent organization, shall be printed on 41
any official ballot, which contains more candidates for any office than 42
the number for which an elector may vote for that office. 43
(b) Not later than ten days prior to an election, the registrars of 44
voters of each municipality shall file with the Secretary of the State, for 45
each voting district in such municipality, the official ballot to be used 46
for such voting district. No such official ballot shall be used at any 47
election unless it has been approved by the Secretary of the State. 48
Sec. 2. Subsection (j) of section 9-437 of the general statutes is 49 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
3 of 10
repealed and the following is substituted in lieu thereof (Effective from 50
passage): 51
(j) (1) All ballots used at a primary shall be prepared by the clerk of 52
the municipality in which such primary is held and shall be printed at 53
the expense of the municipality. Not later than ten days prior to a 54
primary, such clerk shall file with the Secretary of the State, for each 55
voting district in such municipality at which such primary is held, the 56
ballot to be used for such voting district. No such ballot shall be used 57
at any primary unless it has been approved by the Secretary of the 58
State. 59
(2) Each municipality shall provide for all polling places: 60
[(1)] (A) At least forty-eight hours before the primary, such clerk 61
shall have sample ballots for general distribution, which shall contain 62
the offices or positions and names of candidates to be voted upon. 63
Each such sample ballot shall also include printed instructions 64
approved by the Secretary of the State concerning the use of the voting 65
tabulator and information concerning the date of the primary and the 66
hours during which polling places will be open. Such clerk shall have 67
available for distribution such number of sample ballots as such clerk 68
deems advisable, but in no event less than three which shall be posted 69
inside the polling place so as to be visible to those within the polling 70
place during the whole day of the primary. At least one of such sample 71
ballots shall be posted so as to be visible to an elector being instructed 72
on the demonstrator device, pursuant to section 9-260. If paper ballots 73
are used in any primary, such sample paper ballots shall be 74
overprinted with the word "Sample"; 75
[(2)] (B) Instructions on how to cast a provisional ballot, as 76
prescribed by the Secretary of the State; 77
[(3)] (C) Instructions for mail-in registrants and first-time voters 78
who register to vote by mail on or after January 1, 2003, as prescribed 79
by the Secretary of the State; 80 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
4 of 10
[(4)] (D) General information concerning voting rights under federal 81
and Connecticut laws, including information on the right of an 82
individual to cast a provisional ballot and instructions on how to 83
contact the appropriate officials if such rights are alleged to have been 84
violated, as prescribed by the Secretary of the State; and 85
[(5)] (E) General information on federal and state laws concerning 86
prohibitions on acts of fraud and misrepresentation, as prescribed by 87
the Secretary of the State. 88
Sec. 3. Subsection (a) of section 9-135a of the general statutes is 89
repealed and the following is substituted in lieu thereof (Effective from 90
passage): 91
(a) Each absentee ballot shall be arranged to resemble the 92
appropriate ballot and sample ballot as prescribed by law, and shall 93
include, as applicable, the offices, party designations, names of 94
candidates and questions to be voted upon and spaces for write-in 95
votes. A replica of the state seal shall be printed on the ballot. The size, 96
type, form, instructions, specifications for paper and printing and 97
other specifications shall be prescribed by the Secretary of the State. 98
Prior to printing such absentee ballots pursuant to section 9-135a, as 99
amended by this act, the clerk of the municipality shall file with the 100
Secretary of the State, for each voting district in such municipality, the 101
absentee ballot to be used for such voting district. No such absentee 102
ballot shall be used at any election or primary unless it has been 103
approved by the Secretary of the State. 104
Sec. 4. Section 9-135b of the general statutes is repealed and the 105
following is substituted in lieu thereof (Effective from passage): 106
(a) Immediately after the deadline for certification of all candidates 107
whose names are to appear on the ballot, and in sufficient time to 108
begin issuing absentee ballots on the day prescribed by law, the 109
municipal clerk shall prepare the absentee ballots and have them 110
printed. Prior to printing such ballots, the registrars of voters of the 111 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
5 of 10
municipality may provide comments concerning the content and form 112
of such ballots to the clerk, provided no such ballot shall be printed 113
unless the Secretary of the State has approved thereof in accordance 114
with section 9-135a, as amended by this act. 115
(b) A layout model of each different absentee ballot shall be 116
available for public inspection at the clerk's office prior to printing. The 117
model shall indicate the type face to be used, the spelling and 118
placement of names and other information to be printed on the ballots. 119
(c) Immediately upon receiving the printed absentee ballots, the 120
municipal clerk shall file one with the Secretary of the State or, if there 121
are different ballots for different political subdivisions, one ballot for 122
each subdivision. The clerk shall also file his affidavit with the 123
Secretary, stating the number of ballots printed. The form of affidavit 124
shall be prescribed by the Secretary. If any correction or alteration is 125
subsequently made on any absentee ballot the clerk shall immediately 126
file a corrected or altered ballot and, using the prescribed form, his 127
affidavit stating the number of such ballots printed, with the Secretary. 128
(d) If a vacancy in candidacy occurs after the ballots have been 129
printed, the clerk may either reprint the ballots or cause blank or 130
printed stickers, as the case may be, to be affixed to them so that the 131
name of any candidate who has vacated his candidacy is deleted and 132
the name of any candidate chosen to fill the vacancy as provided in 133
section 9-428, as amended by this act, or section 9-460, as amended by 134
this act, appears in the same position as that in which the vacated 135
candidacy appeared except as provided in section 9-426 or 9-453s. 136
(e) [The] Nothing in this section shall be construed to prohibit the 137
Secretary of the State [shall examine each absentee ballot required to be 138
filed pursuant to this section and if a ballot contains an omission or 139
error, the Secretary shall order] from ordering the municipal clerk to 140
reprint a corrected absentee ballot or to take such other action as the 141
Secretary may deem appropriate in the case of an absentee ballot that 142
contains an omission or error. 143 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
6 of 10
Sec. 5. Section 9-256 of the general statutes is repealed and the 144
following is substituted in lieu thereof (Effective from passage): 145
[The registrars of voters of each municipality shall, not less than ten 146
days prior to an election, file with the Secretary of the State a sample 147
ballot identical with those to be provided for each polling place under 148
section 9-255. The Secretary of the State shall examine the sample 149
ballot required to be filed under this section, and if such sample ballot 150
contains an error, the Secretary of the State shall order] 151
Notwithstanding the provisions of subsection (b) of section 9-250, as 152
amended by this act, the Secretary of the State may order the registrars 153
of voters to reprint a corrected [sample] ballot or to take other such 154
action as the Secretary may deem appropriate in the case of any ballot 155
that contains an omission or error. 156
Sec. 6. Section 9-460 of the general statutes is repealed and the 157
following is substituted in lieu thereof (Effective from passage): 158
If any party has nominated a candidate for office, or, on and after 159
November 4, 1981, if a candidate has qualified to appear on any ballot 160
by nominating petition under a reserved party designation, in 161
accordance with the provisions of this chapter, and such nominee 162
thereafter, but prior to [twenty-four] forty-six days before the opening 163
of the polls on the day of the election for which such nomination has 164
been made, dies, withdraws such nominee's name or for any reason 165
becomes disqualified to hold the office for which such nominee has 166
been nominated, (1) such party or, on and after November 4, 1981, the 167
party designation committee may make a nomination to fill such 168
vacancy or provide for the making of such nomination as its rules 169
prescribe, and (2) if another party that is qualified to nominate a 170
candidate for such office does not have a nominee for such office, such 171
party may also nominate a candidate for such office as its rules 172
prescribe. No withdrawal, and no nomination to replace a candidate 173
who has withdrawn, under this section shall be valid unless the 174
candidate who has withdrawn has filed a letter of withdrawal signed 175
by such candidate with the Secretary of the State in the case of a state 176 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
7 of 10
or district office or the office of state senator or state representative 177
from any district, or with the municipal clerk in the case of a municipal 178
office other than state senator or state representative. A copy of such 179
candidate's letter of withdrawal to the municipal clerk shall also be 180
filed with the Secretary of the State. No nomination to fill a vacancy 181
under this section shall be valid unless it is certified to the Secretary of 182
the State in the case of a state or district office or the office of state 183
senator or state representative from any district, or to the municipal 184
clerk in the case of a municipal office other than state senator or state 185
representative, by the organization or committee making such 186
nomination, at least [twenty-one] forty-two days before the opening of 187
the polls on the day of the election, except as otherwise provided by 188
this section. If a nominee dies within [twenty-four] forty-six days, but 189
prior to [twenty-four hours] forty-two days before the opening of the 190
polls on the day of the election for which such nomination has been 191
made, the vacancy may be filled in the manner prescribed in this 192
section [by two o'clock p.m. of the day before the election] with the 193
municipal clerk or the Secretary of the State, as the case may be. If a 194
nominee dies within [twenty-four hours] forty-two days before the 195
opening of the polls and prior to the close of the polls on the day of the 196
election for which such nomination has been made, such nominee shall 197
not be replaced and the votes cast for such nominee shall be canvassed 198
and counted, and if such nominee receives a plurality of the votes cast, 199
a vacancy shall exist in the office for which the nomination was made. 200
The vacancy shall then be filled in a manner prescribed by law. A copy 201
of such certification to the municipal clerk shall also be filed with the 202
Secretary of the State. Such nomination to fill a vacancy due to death or 203
disqualification shall include a statement setting forth the reason for 204
such vacancy. If at the time such nomination is certified to the 205
Secretary of the State or to the municipal clerk, as the case may be, the 206
[ballot labels] ballots have already been printed, the Secretary of the 207
State shall direct the municipal clerk in each municipality affected to 208
(A) have the [ballot labels] ballots reprinted with the nomination thus 209
made included thereon, (B) cause printed stickers to be affixed to the 210
[ballot labels] ballots so that the name of any candidate who has died, 211 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
8 of 10
withdrawn or been disqualified is deleted and the name of any 212
candidate chosen to fill such vacancy appears in the same position as 213
that in which the vacated candidacy appeared, or (C) cause blank 214
stickers to be so affixed if the vacancy is not filled. 215
Sec. 7. Section 9-428 of the general statutes is repealed and the 216
following is substituted in lieu thereof (Effective from passage): 217
If a party-endorsed candidate for nomination to an office or for 218
election to the position of town committee member, prior to [twenty-219
four hours before the opening of the polls at the primary, dies or, prior 220
to ten] thirty-two days before the day of such primary, dies, withdraws 221
his or her name from nomination or for any reason becomes 222
disqualified to hold the office or position for which he or she is a 223
candidate, the state central committee, the town committee or other 224
authority of the party which endorsed such candidate may make an 225
endorsement to fill such vacancy or provide for the making of such 226
endorsement, in such manner as is prescribed in the rules of such 227
party, and certify to the registrar and municipal clerk or to the 228
Secretary of the State, as the case may be, the name of the person so 229
endorsed. If such certification is made at least [twenty-four hours prior 230
to the opening of the polls at the primary, in the case of such an 231
endorsement to replace a candidate who has died, or at least seven] 232
twenty-eight days before the day of such primary, in the case of such 233
an endorsement to replace a candidate who has died, withdrawn or 234
become disqualified, such person so endorsed shall run in the primary 235
as the party-endorsed candidate, except as provided in sections 9-416 236
and 9-417. If such certification of another party-endorsed candidate has 237
been made within the time specified in this section, and if the ballots 238
have already been printed and the names of the candidates for such 239
office or position appear on the ballots, the Secretary of the State or the 240
registrar, as the case may be, shall direct the clerk of each municipality 241
holding such primary to [have the ballots reprinted with the name of 242
the person so certified included thereon; provided, in the case of such 243
an endorsement to replace a candidate who has died, if such 244 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
9 of 10
certification has been made less than ninety-six hours but at least 245
twenty-four hours prior to the opening of the polls at the primary, 246
such Secretary or registrar shall direct such clerk to have stickers 247
printed and inserted upon the ballots, having the name of the person 248
so certified appearing thereon, and the moderator in each polling place 249
shall cause such stickers to be pasted on the ballots before the opening 250
of the polls at such primary] (A) have the ballots reprinted with the 251
endorsement thus made included thereon, (B) cause printed stickers to 252
be affixed to the ballots so that the name of any candidate who has 253
died, withdrawn or been disqualified is deleted and the name of any 254
candidate chosen to fill such vacancy appears in the same position as 255
that in which the vacated candidacy appeared, or (C) cause blank 256
stickers to be so affixed if the vacancy is not filled. 257
Sec. 8. Section 9-249a of the general statutes is repealed and the 258
following is substituted in lieu thereof (Effective from passage): 259
(a) The names of the parties shall be arranged on the ballots in the 260
following order: 261
(1) The party [whose candidate for Governor polled the highest 262
number of votes in] of the Governor elected at the last-preceding 263
election; 264
(2) Other parties who had candidates for Governor in the last-265
preceding election, in descending order, according to the number of 266
votes polled for each such candidate; 267
(3) Minor parties who had no candidate for Governor in the last-268
preceding election; 269
(4) Petitioning candidates with party designation whose names are 270
contained in petitions approved pursuant to section 9-453o; and 271
(5) Petitioning candidates with no party designation whose names 272
are contained in petitions approved pursuant to section 9-453o. 273 Raised Bill No. 7322
LCO 5147 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07322-
R01-HB.docx }
10 of 10
[(b) Within each of subdivisions (3) and (4) of subsection (a) of this 274
section, the following rules shall apply in the following order: 275
(1) Precedence shall be given to the party any of whose candidates 276
seeks an office representing more people than are represented by any 277
office sought by any candidate of any other party; 278
(2) A party having prior sequence of office as set forth in section 9-279
251 shall be given precedence; and 280
(3) Parties shall be listed in alphabetical order.] 281
(b) Within each of subdivisions (3) and (4) of subsection (a) of this 282
section, the parties shall be listed in alphabetical order. 283
(c) Within subdivision (5) of subsection (a) of this section, 284
candidates shall be listed according to the provisions of section 9-453r. 285
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-250
Sec. 2 from passage 9-437(j)
Sec. 3 from passage 9-135a(a)
Sec. 4 from passage 9-135b
Sec. 5 from passage 9-256
Sec. 6 from passage 9-460
Sec. 7 from passage 9-428
Sec. 8 from passage 9-249a
GAE Joint Favorable