Connecticut 2019 Regular Session

Connecticut House Bill HB07324 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 7324
	5	+	General Assembly Raised Bill No. 7324
8	6		January Session, 2019
	7	+	LCO No. 5018
9	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
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14	20		AN ACT CONCERNING NE CESSARY ADJUSTMENTS FOR
15	21		CIRCULATORS OF NOMIN ATING AND PRIMARY PE TITIONS.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 9-453e of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective from passage): 2
21	27		Each circulator of a nominating petition page shall be a United 3
22	28		States citizen [,] and at least eighteen years of age, [and a resident of a 4
23	29		town in this state] and shall not be on parole for conviction of a felony. 5
24	30		Any individual proposed as a candidate in any nominating petition 6
25	31		may serve as circulator of the pages of such nominating petition. 7
26	32		Sec. 2. Section 9-453j of the general statutes is repealed and the 8
27	33		following is substituted in lieu thereof (Effective from passage): 9
28	34		Each page of a nominating petition submitted to the town clerk or 10
29	35		the Secretary of the State and filed with the Secretary of the State under 11
30	36		the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 12
31		-	shall contain a statement as to the residency [in this state] and 13
	37	+	shall contain a statement as to the residency [in this state] and 13 Raised Bill No. 7324
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32	43		eligibility of the circulator and as to the authenticity of the signatures 14
33	44		thereon, signed under [penalties] penalty of false statement, by the 15
34	45		person who circulated the same. Such statement shall set forth (1) 16
35	46		[such] the circulator's residence address, including the town [in this 17
36		-	state] in which [such] the circulator is a resident, (2) if the circulator is 18 Substitute Bill No. 7324
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	47	+	state] in which [such] the circulator is a resident, (2) if the circulator is 18
43	48		not a resident in this state, that the circulator agrees to submit to the 19
44	49		jurisdiction of the state in any case or controversy arising out of or 20
45	50		related to the circulation of a petition pursuant to this subpart, (3) the 21
46	51		circulator's date of birth and that the circulator is at least eighteen 22
47	52		years of age, [(3)] (4) that the circulator is a United States citizen and 23
48	53		not on parole for conviction of a felony, and [(4)] (5) that each person 24
49	54		whose name appears on such page signed the same in person in the 25
50	55		presence of [such] the circulator and that either the circulator knows 26
51	56		each such signer or that the signer satisfactorily identified himself or 27
52	57		herself to the circulator. Any false statement committed with respect to 28
53	58		such statement shall be deemed to have been committed in the town in 29
54	59		which the petition was circulated. 30
55	60		Sec. 3. Subsection (a) of section 9-453k of the general statutes is 31
56	61		repealed and the following is substituted in lieu thereof (Effective from 32
57	62		passage): 33
58	63		(a) The town clerk or Secretary of the State shall not accept any page 34
59	64		of a nominating petition unless the circulator thereof has signed before 35
60	65		[him] the clerk, the Secretary or an appropriate person, as provided in 36
61	66		section 1-29, the statement as to the residency [in this state] and 37
62		-	eligibility of the circulator and ~~as to the~~ authenticity of the signatures 38
63		-	~~thereon~~ required by section 9-453j, as amended by this act. 39
	67	+	eligibility of the circulator and authenticity of the signatures thereon 38
	68	+	required by section 9-453j, as amended by this act. 39
64	69		Sec. 4. Subsection (a) of section 9-453o of the general statutes is 40
65	70		repealed and the following is substituted in lieu thereof (Effective from 41
66	71		passage): 42
67	72		(a) The Secretary of the State may not count for purposes of 43
68	73		determining compliance with the number of signatures required by 44
69		-	section 9-453d the signatures certified by the town clerk on any 45
	74	+	section 9-453d the signatures certified by the town clerk on any 45 Raised Bill No. 7324
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70	80		petition page filed under sections 9-453a to 9-453s, inclusive, or 9-216 46
71	81		if: (1) The name of the candidate, [his] the candidate's address or the 47
72	82		party designation, if any, has been omitted from the face of the 48
73	83		petition; (2) the page does not contain a statement by the circulator as 49
74		-	to the residency [in this state] and eligibility of the circulator and as to 50 Substitute Bill No. 7324
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	84	+	to the residency [in this state] and eligibility of the circulator and as to 50
81	85		the authenticity of the signatures thereon as required by section 9-453j, 51
82	86		as amended by this act, or upon which such statement of the circulator 52
83	87		is incomplete in any respect; or (3) the page does not contain the 53
84	88		certifications required by sections 9-453a to 9-453s, inclusive, by the 54
85	89		town clerk of the town in which the signers reside. The town clerk 55
86	90		shall cure any omission on his or her part by signing any such page at 56
87	91		the office of the Secretary of the State and making the necessary 57
88	92		amendment or by filing a separate statement in this regard, which 58
89	93		amendment shall be dated. 59
90	94		Sec. 5. Subsection (d) of section 9-404b of the general statutes is 60
91	95		repealed and the following is substituted in lieu thereof (Effective from 61
92	96		passage): 62
93	97		(d) [Each] A person may be a circulator of a primary petition page 63
94	98		[shall be] if such person is entitled to vote and (1) is an enrolled party 64
95	99		member of a municipality in [this state. Each] the state, or (2) agrees to 65
96	100		submit to the jurisdiction of the state in any case or controversy arising 66
97	101		out of or related to the circulation of a petition. For any circulator 67
98	102		described in subdivision (1) of this subsection, each petition page shall 68
99	103		contain a statement signed by the registrar of the municipality in 69
100	104		which the circulator is an enrolled party member attesting that the 70
101	105		circulator is an enrolled party member in the municipality. For any 71
102	106		circulator described in subdivision (2) of this subsection, each petition 72
103	107		page shall contain a statement signed by such circulator that he or she 73
104	108		agrees to submit to the jurisdiction of the state in any case or 74
105	109		controversy arising out of or related to the circulation of a petition, 75
106	110		which signed statement shall be attested to by the registrar of the town 76
107	111		in which such page was circulated. Unless such a statement by the 77
108	112		registrar of voters appears on each page so submitted, the Secretary 78
109		-	shall reject the page. Each separate page of the petition shall contain a 79
	113	+	shall reject the page. Each separate page of the petition shall contain a 79 Raised Bill No. 7324
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110	119		statement as to the authenticity of the signatures on the page and the 80
111	120		number of such signatures, and shall be signed under the [penalties] 81
112	121		penalty of false statement by the person who circulated the page, 82
113		-	setting forth the circulator's address and the town in which the 83 Substitute Bill No. 7324
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	122	+	setting forth the circulator's address and the town in which the 83
120	123		circulator is an enrolled party member and attesting that each person 84
121	124		whose name appears on the page signed the petition in person in the 85
122	125		presence of the circulator, that the circulator either knows each such 86
123	126		signer or that the signer satisfactorily identified himself or herself to 87
124	127		the circulator and that the spaces for candidates supported, offices 88
125	128		sought and the political party involved were filled in prior to the 89
126	129		obtaining of the signatures. Each separate page of the petition shall 90
127	130		also be acknowledged before an appropriate person as provided in 91
128	131		section 1-29. The Secretary shall reject any page of a petition filed with 92
129	132		the Secretary which does not contain such a statement by the circulator 93
130	133		as to the authenticity of the signatures on the page, or upon which the 94
131	134		statement of the circulator is incomplete in any respect, or which does 95
132	135		not contain the certification required under this section by the registrar 96
133	136		of the town in which the circulator is an enrolled party member. Any 97
134	137		individual proposed as a candidate in any primary petition may serve 98
135	138		as a circulator of the pages of the petition, provided the individual's 99
136	139		service as circulator does not violate any provision of this section. 100
137	140		Sec. 6. Subsection (c) of section 9-410 of the general statutes is 101
138	141		repealed and the following is substituted in lieu thereof (Effective from 102
139	142		passage): 103
140	143		(c) [Each] A person may be a circulator of a primary petition page 104
141	144		[shall be] if such person is entitled to vote and (1) is an enrolled party 105
142	145		member of a municipality in [this state who is entitled to vote. Each] 106
143	146		the state, or (2) agrees to submit to the jurisdiction of the state in any 107
144	147		case or controversy arising out of or related to the circulation of a 108
145	148		petition. For any circulator described in subdivision (1) of this 109
146	149		subsection, each petition page shall contain a statement signed by the 110
147	150		registrar of the municipality in which such circulator is an enrolled 111
148	151		party member attesting that the circulator is an enrolled party member 112
149		-	in such municipality. For any circulator described in subdivision (2) of 113
	152	+	in such municipality. For any circulator described in subdivision (2) of 113 Raised Bill No. 7324
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150	158		this subsection, each petition page shall contain a statement signed by 114
151	159		such circulator that he or she agrees to submit to the jurisdiction of the 115
152		-	state in any case or controversy arising out of or related to the 116 Substitute Bill No. 7324
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	160	+	state in any case or controversy arising out of or related to the 116
159	161		circulation of a petition, which signed statement shall be attested to by 117
160	162		the registrar of the town in which such page was circulated. Unless 118
161	163		such a statement by the registrar appears on each page so submitted, 119
162	164		the registrar shall reject such page. No candidate for the nomination of 120
163	165		a party for a municipal office or the position of town committee 121
164	166		member shall circulate any petition for another candidate or another 122
165	167		group of candidates contained in one primary petition for the 123
166	168		nomination of such party for the same office or position, and any 124
167	169		petition page circulated in violation of this provision shall be rejected 125
168	170		by the registrar. No person shall circulate petitions for more than the 126
169	171		maximum number of candidates to be nominated by a party for the 127
170	172		same office or position, and any petition page circulated in violation of 128
171	173		this provision shall be rejected by the registrar. Each separate sheet of 129
172	174		such petition shall contain a statement as to the authenticity of the 130
173	175		signatures thereon and the number of such signatures, and shall be 131
174	176		signed under the penalties of false statement by the person who 132
175	177		circulated the same, setting forth such circulator's address and the 133
176	178		town in which such circulator is an enrolled party member and 134
177	179		attesting that each person whose name appears on such sheet signed 135
178	180		the same in person in the presence of such circulator, that the circulator 136
179	181		either knows each such signer or that the signer satisfactorily 137
180	182		identified the signer to the circulator and that the spaces for candidates 138
181	183		supported, offices or positions sought and the political party involved 139
182	184		were filled in prior to the obtaining of the signatures. Each separate 140
183	185		sheet of such petition shall also be acknowledged before an 141
184	186		appropriate person as provided in section 1-29. Any sheet of a petition 142
185	187		filed with the registrar which does not contain such a statement by the 143
186	188		circulator as to the authenticity of the signatures thereon, or upon 144
187	189		which the statement of the circulator is incomplete in any respect, or 145
188	190		which does not contain the certification hereinbefore required by the 146
189	191		registrar of the town in which the circulator is an enrolled party 147
190		-	member, shall be rejected by the registrar. Any individual proposed as 148
	192	+	member, shall be rejected by the registrar. Any individual proposed as 148 Raised Bill No. 7324
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191	198		a candidate in any primary petition may serve as a circulator of the 149
192	199		pages of such petition, provided such individual's service as circulator 150
193		-	does not violate any provision of this section. 151 Substitute Bill No. 7324
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	200	+	does not violate any provision of this section. 151
200	201		This act shall take effect as follows and shall amend the following
201	202		sections:
202	203
203	204		Section 1 from passage 9-453e
204	205		Sec. 2 from passage 9-453j
205	206		Sec. 3 from passage 9-453k(a)
206	207		Sec. 4 from passage 9-453o(a)
207	208		Sec. 5 from passage 9-404b(d)
208	209		Sec. 6 from passage 9-410(c)
209	210
210		-	Statement of Legislative Commissioners:
211		-	In Section 3, "as to the" was inserted for consistency and clarity.
212		-
213		-	GAE Joint Favorable Subst. -LCO
	211	+	Statement of Purpose:
	212	+	To bring certain state laws relating to the circulation of nominating
	213	+	and primary petitions into compliance with federal case law.
	214	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	215	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	216	+	not underlined.]
214	217