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General Assembly Raised Bill No. 1049
January Session, 2019
LCO No. 5386
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING MO DERN ELECTIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) The Secretary of the State 1
shall develop and implement a system through which the Secretary 2
may permit any person to submit an electronic signature for the 3
purpose of signing any form or application pursuant to chapters 141 to 4
154, inclusive, of the general statutes. The Secretary may include in, or 5
exclude from, such system any such form or application. 6
Notwithstanding any other provision of law, any such form or 7
application on which any such electronic signature appears shall be 8
deemed to have been signed in the original. 9
Sec. 2. Subsection (k) of section 9-140 of the general statutes is 10
repealed and the following is substituted in lieu thereof (Effective from 11
passage): 12
(k) (1) (A) [A] Except as provided in subdivision (2) of this 13
subsection, a person shall register with the [town] municipal clerk 14 Raised Bill No. 1049
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before distributing five or more absentee ballot applications for an 15
election, primary or referendum, not including applications 16
distributed to such person's immediate family. Such requirement shall 17
not apply to a person who is the designee of an applicant. 18
[(2)] (B) Any person who distributes absentee ballot applications 19
pursuant to subparagraph (A) of this subdivision shall maintain a list 20
of the names and addresses of prospective absentee ballot applicants 21
who receive such applications, and shall file such list with the [town] 22
municipal clerk prior to the date of the primary, election or 23
referendum for which the applications were so distributed. 24
(2) The Secretary of the State shall develop an online system 25
through which a person may register to distribute absentee ballot 26
applications for an election, primary or referendum. Such system shall 27
provide a unique identifier for each such person, which unique 28
identifier shall appear on each such application that may be 29
distributed. The information of any person registering through such 30
system shall be transmitted to the appropriate municipal clerk, who 31
shall provide such applications to such person. Any such person 32
registering through such system shall be deemed to have fully 33
complied with the provisions of this subsection. 34
(3) Any person who distributes absentee ballot applications and 35
receives an executed application shall forthwith file the application 36
with the [town] municipal clerk. 37
Sec. 3. Section 9-324 of the general statutes is repealed and the 38
following is substituted in lieu thereof (Effective from passage): 39
(a) Any elector or candidate who claims that such elector or 40
candidate is aggrieved by any ruling of any election official in 41
connection with any election for Governor, Lieutenant Governor, 42
Secretary of the State, State Treasurer, Attorney General, State 43
Comptroller or judge of probate, held in such elector's or candidate's 44
town, or that there has been a mistake in the count of the votes cast at 45
such election for candidates for said offices or any of them, at any 46 Raised Bill No. 1049
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voting district in such elector's or candidate's town, or any candidate 47
for such an office who claims that such candidate is aggrieved by a 48
violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-49
364, 9-364a or 9-365 in the casting of absentee ballots at such election or 50
any candidate for the office of Governor, Lieutenant Governor, 51
Secretary of the State, State Treasurer, Attorney General or State 52
Comptroller, who claims that such candidate is aggrieved by a 53
violation of any provision of sections 9-700 to 9-716, inclusive, may 54
bring such elector's or candidate's complaint to any judge of the 55
[Superior Court, in which such] superior court for the judicial district 56
of Hartford. Such elector or candidate shall set out in the complaint the 57
claimed errors of such election official, the claimed errors in the count 58
or the claimed violations of said sections. In any action brought 59
pursuant to the provisions of this section, the complainant shall send a 60
copy of the complaint by first-class mail, or deliver a copy of the 61
complaint by hand, to the State Elections Enforcement Commission. If 62
such complaint is made prior to such election, such judge shall proceed 63
expeditiously to render judgment on the complaint and shall cause 64
notice of the hearing to be given to the Secretary of the State and the 65
State Elections Enforcement Commission. If such complaint is made 66
subsequent to the election, it shall be brought not later than fourteen 67
days after the election or, if such complaint is brought in response to 68
the manual tabulation of paper ballots authorized pursuant to section 69
9-320f, such complaint shall be brought not later than seven days after 70
the close of any such manual tabulation. [and, in either such 71
circumstance, such] 72
(b) Such judge shall forthwith order a hearing to be had upon such 73
complaint, upon a day not more than five nor less than three days 74
from the making of such order, and shall cause notice of not less than 75
three nor more than five days to be given to any candidate or 76
candidates whose election may be affected by the decision upon such 77
hearing, to such election official, the Secretary of the State, the State 78
Elections Enforcement Commission and to any other party or parties 79
whom such judge deems proper parties thereto, of the time and place 80 Raised Bill No. 1049
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for the hearing upon such complaint. Such judge shall, on the day 81
fixed for such hearing and without unnecessary delay, proceed to hear 82
the parties. If sufficient reason is shown, such judge may order any 83
voting tabulators to be unlocked or any ballot boxes to be opened and 84
a recount of the votes cast, including absentee ballots, to be made. Such 85
judge shall thereupon, in case such judge finds any error in the rulings 86
of the election official, any mistake in the count of the votes or any 87
violation of said sections, certify the result of such judge's finding or 88
decision to the Secretary of the State before the fifteenth day of the next 89
succeeding December. Such judge may order a new election or a 90
change in the existing election schedule. 91
(c) Such certificate of such judge of such judge's finding or decision 92
shall be final and conclusive upon all questions relating to errors in the 93
rulings of such election officials, to the correctness of such count, and, 94
for the purposes of this section only, such claimed violations, and shall 95
operate to correct the returns of the moderators or presiding officers, 96
so as to conform to such finding or decision, unless the same is 97
appealed from as provided in section 9-325, as amended by this act. 98
Sec. 4. Section 9-325 of the general statutes is repealed and the 99
following is substituted in lieu thereof (Effective from passage): 100
If, upon any such hearing by a judge of the [Superior Court] 101
superior court for the judicial district of Hartford, any question of law 102
is raised which any party to the complaint claims should be reviewed 103
by the Supreme Court, such judge, instead of filing the certificate of his 104
finding or decision with the Secretary of the State, shall transmit the 105
same, including therein such questions of law, together with a proper 106
finding of facts, to the Chief Justice of the Supreme Court, who shall 107
thereupon call a special session of [said court] the Supreme Court for 108
the purpose of an immediate hearing upon the questions of law so 109
certified. A copy of the finding and decision so certified by the judge of 110
the [Superior Court] superior court for the judicial district of Hartford, 111
together with the decision of the Supreme Court, on the questions of 112
law therein certified, shall be attested by the clerk of the Supreme 113 Raised Bill No. 1049
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Court, and by him transmitted to the Secretary of the State forthwith. 114
The finding and decision of the judge of the [Superior Court] superior 115
court for the judicial district of Hartford, together with the decision of 116
the Supreme Court on the questions of law thus certified, shall be final 117
and conclusive upon all questions relating to errors in the rulings of 118
the election officials and to the correctness of such count and shall 119
operate to correct the returns of the moderators or presiding officers so 120
as to conform to such [decision of said court] decisions. Nothing in this 121
section shall be considered as prohibiting an appeal to the Supreme 122
Court from a final judgment of the [Superior Court] superior court for 123
the judicial district of Hartford. The judges of the Supreme Court may 124
establish rules of procedure for the speedy and inexpensive hearing of 125
such appeals within fifteen days of such judgment of a judge of the 126
[Superior Court] superior court for the judicial district of Hartford. 127
Sec. 5. Section 9-328 of the general statutes is repealed and the 128
following is substituted in lieu thereof (Effective from passage): 129
(a) Any elector or candidate claiming to have been aggrieved by any 130
ruling of any election official in connection with an election for any 131
municipal office or a primary for justice of the peace, or any elector or 132
candidate claiming that there has been a mistake in the count of votes 133
cast for any such office at such election or primary, or any candidate in 134
such an election or primary claiming that he is aggrieved by a violation 135
of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-136
364a or 9-365 in the casting of absentee ballots at such election or 137
primary, may bring a complaint to any judge of the [Superior Court] 138
superior court for the judicial district of Hartford for relief therefrom. 139
In any action brought pursuant to the provisions of this section, the 140
complainant shall send a copy of the complaint by first-class mail, or 141
deliver a copy of the complaint by hand, to the State Elections 142
Enforcement Commission. If such complaint is made prior to such 143
election or primary, such judge shall proceed expeditiously to render 144
judgment on the complaint and shall cause notice of the hearing to be 145
given to the Secretary of the State and the State Elections Enforcement 146
Commission. If such complaint is made subsequent to such election or 147 Raised Bill No. 1049
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primary, it shall be brought not later than fourteen days after such 148
election or primary, except that if such complaint is brought in 149
response to the manual tabulation of paper ballots, authorized 150
pursuant to section 9-320f, such complaint shall be brought not later 151
than seven days after the close of any such manual tabulation, to any 152
judge of the [Superior Court] superior court for the judicial district of 153
Hartford, in which he shall set out the claimed errors of the election 154
official, the claimed errors in the count or the claimed violations of said 155
sections. 156
(b) Such judge shall forthwith order a hearing to be had upon such 157
complaint, upon a day not more than five nor less than three days 158
from the making of such order, and shall cause notice of not less than 159
three nor more than five days to be given to any candidate or 160
candidates whose election or nomination may be affected by the 161
decision upon such hearing, to such election official, the Secretary of 162
the State, the State Elections Enforcement Commission and to any 163
other party or parties whom such judge deems proper parties thereto, 164
of the time and place for the hearing upon such complaint. Such judge 165
shall, on the day fixed for such hearing and without unnecessary 166
delay, proceed to hear the parties. If sufficient reason is shown, he may 167
order any voting tabulators to be unlocked or any ballot boxes to be 168
opened and a recount of the votes cast, including absentee ballots, to 169
be made. Such judge shall thereupon, if he finds any error in the 170
rulings of the election official or any mistake in the count of the votes, 171
certify the result of his finding or decision to the Secretary of the State 172
before the tenth day succeeding the conclusion of the hearing. Such 173
judge may order a new election or primary or a change in the existing 174
election schedule. 175
(c) Such certificate of such judge of his finding or decision shall be 176
final and conclusive upon all questions relating to errors in the ruling 177
of such election officials, to the correctness of such count, and, for the 178
purposes of this section only, such claimed violations, and shall 179
operate to correct the returns of the moderators or presiding officers, 180
so as to conform to such finding or decision, except that this section 181 Raised Bill No. 1049
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shall not affect the right of appeal to the Supreme Court and it shall 182
not prevent such judge from reserving such questions of law for the 183
advice of the Supreme Court as provided in section 9-325, as amended 184
by this act. Such judge may, if necessary, issue [his] a writ of 185
mandamus, requiring the adverse party and those under him to 186
deliver to the complainant the appurtenances of such office, and shall 187
cause his finding and [decree] decision to be entered on the records of 188
the Superior Court in the proper judicial district. 189
Sec. 6. Section 9-329a of the general statutes is repealed and the 190
following is substituted in lieu thereof (Effective from passage): 191
(a) Any (1) elector or candidate aggrieved by a ruling of an election 192
official in connection with any primary held pursuant to (A) section 9-193
423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 194
alleges that there has been a mistake in the count of the votes cast at 195
such primary, or (3) candidate in such a primary who alleges that he is 196
aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-197
361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots 198
at such primary, may bring his complaint to any judge of the [Superior 199
Court] superior court for the judicial district of Hartford for 200
appropriate action. In any action brought pursuant to the provisions of 201
this section, the complainant shall file a certification attached to the 202
complaint indicating that a copy of the complaint has been sent by 203
first-class mail or delivered to the State Elections Enforcement 204
Commission. If such complaint is made prior to such primary such 205
judge shall proceed expeditiously to render judgment on the complaint 206
and shall cause notice of the hearing to be given to the Secretary of the 207
State and the State Elections Enforcement Commission. If such 208
complaint is made subsequent to such primary it shall be brought, not 209
later than fourteen days after such primary, or if such complaint is 210
brought in response to the manual tabulation of paper ballots, 211
described in section 9-320f, such complaint shall be brought, not later 212
than seven days after the close of any such manual tabulation, to any 213
judge of the [Superior Court] superior court for the judicial district of 214
Hartford. 215 Raised Bill No. 1049
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(b) Such judge shall forthwith order a hearing to be held upon such 216
complaint upon a day not more than five nor less than three days after 217
the making of such order, and shall cause notice of not less than three 218
days to be given to any candidate or candidates in any way directly 219
affected by the decision upon such hearing, to such election official, to 220
the Secretary of the State, the State Elections Enforcement Commission 221
and to any other person or persons, whom such judge deems proper 222
parties thereto, of the time and place of the hearing upon such 223
complaint. Such judge shall, on the day fixed for such hearing, and 224
without delay, proceed to hear the parties and determine the result. If, 225
after hearing, sufficient reason is shown, such judge may order any 226
voting tabulators to be unlocked or any ballot boxes to be opened and 227
a recount of the votes cast, including absentee ballots, to be made. Such 228
judge shall thereupon, if he finds any error in the ruling of the election 229
official, any mistake in the count of the votes or any violation of said 230
sections, certify the result of his finding or decision to the Secretary of 231
the State before the tenth day following the conclusion of the hearing. 232
Such judge may (1) determine the result of such primary; (2) order a 233
change in the existing primary schedule; or (3) order a new primary if 234
he finds that but for the error in the ruling of the election official, any 235
mistake in the count of the votes or any violation of said sections, the 236
result of such primary might have been different and he is unable to 237
determine the result of such primary. 238
(c) The certification by the judge of his finding or decision shall be 239
final and conclusive upon all questions relating to errors in the ruling 240
of such election official, to the correctness of such count, and, for the 241
purposes of this section only, such alleged violations, and shall operate 242
to correct any returns or certificates filed by the election officials, 243
unless the same is appealed from as provided in section 9-325, as 244
amended by this act. In the event a new primary is held pursuant to 245
such [Superior Court] order of the superior court for the judicial 246
district of Hartford, the result of such new primary shall be final and 247
conclusive unless a complaint is brought pursuant to this section. The 248
clerk of the court shall forthwith transmit a copy of such findings and 249 Raised Bill No. 1049
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order to the Secretary of the State. 250
Sec. 7. Section 9-329b of the general statutes is repealed and the 251
following is substituted in lieu thereof (Effective from passage): 252
At any time prior to a primary held pursuant to sections 9-423, 9-425 253
and 9-464, or a special act or prior to any election, the [Superior Court] 254
superior court for the judicial district of Hartford may issue an order 255
removing a candidate from a ballot where it is shown that [said] such 256
candidate is improperly on the ballot. 257
Sec. 8. Section 9-388 of the general statutes is repealed and the 258
following is substituted in lieu thereof (Effective from passage): 259
(a) Whenever a convention of a political party is held for the 260
endorsement of candidates for nomination to state or district office, 261
each candidate endorsed at such convention shall file with the 262
Secretary of the State a certificate, signed by him, stating that he was 263
endorsed by such convention, his name as he authorizes it to appear 264
on the ballot, his full residence address and the title and district, if 265
applicable, of the office for which he was endorsed. Such certificate 266
shall be attested by either (1) the chairman or presiding officer, or (2) 267
the secretary of such convention and shall be received by the Secretary 268
of the State not later than four o'clock p.m. on the fourteenth day after 269
the close of such convention. Such certificate shall either be mailed to 270
the Secretary of the State by certified mail, return receipt requested, or 271
delivered in person, in which case a receipt indicating the date and 272
time of delivery shall be provided by the Secretary of the State to the 273
person making delivery. If a certificate of a party's endorsement for a 274
particular state or district office is not received by the Secretary of the 275
State by such time, such certificate shall be invalid and such party, for 276
the purposes of [section 9-416 and section 9-416a] sections 9-416 and 9-277
416a, shall be deemed to have made no endorsement of any candidate 278
for such office. If applicable, the chairman of a party's state convention 279
shall, forthwith upon the close of such convention, file with the 280
Secretary of the State the names and full residence addresses of 281 Raised Bill No. 1049
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persons selected by such convention as the nominees of such party for 282
electors of President and Vice-President of the United States in 283
accordance with the provisions of section 9-175. 284
(b) (1) Except as provided in subdivision (2) of this subsection, in the 285
case of an error or omission in any such certificate of a party's 286
endorsement, which error or omission would operate to invalidate 287
such endorsement and which certificate is timely filed pursuant to 288
subsection (a) of this section, the candidate so certified or an individual 289
authorized to act on behalf of such candidate may correct such error or 290
omission by appearing in person at the office of the Secretary of the 291
State not later than four o'clock p.m. on the nineteenth day after the 292
close of the state or district convention, as applicable, and amending 293
such certificate to make such correction, provided neither failure of 294
such candidate to timely file such certificate pursuant to subsection (a) 295
of this section nor failure of the chairman, presiding officer or secretary 296
of the convention, as applicable, to attest such certificate shall be an 297
error or omission that may be corrected pursuant to this subsection. If 298
such candidate or individual does not appear to so amend such 299
certificate by such time, such certificate shall be invalid and such party, 300
for the purposes of sections 9-416 and 9-416a, shall be deemed to have 301
made no such endorsement. 302
(2) The Secretary of the State may amend a certificate of a party's 303
endorsement to correct any error or omission deemed by the Secretary 304
to be harmless, and shall keep a record of any such amendment made 305
pursuant to this subdivision. Nothing in this subdivision shall be 306
construed to require the Secretary to affirmatively attempt to identify 307
any error or omission in any such certificate. 308
Sec. 9. Subsection (c) of section 9-391 of the general statutes is 309
repealed and the following is substituted in lieu thereof (Effective from 310
passage): 311
(c) (1) Each endorsement of a candidate to run in a primary for the 312
nomination of candidates for a municipal office to be voted upon at a 313 Raised Bill No. 1049
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state election shall be made under the provisions of section 9-390 not 314
earlier than the eighty-fourth day or later than the seventy-seventh day 315
preceding the day of such primary. Each certification to be filed under 316
this subsection shall be received by the Secretary of the State not later 317
than four o'clock p.m. on the fourteenth day after the close of the town 318
committee meeting, caucus or convention, as the case may be. If such a 319
certificate of a party's endorsement is not received by the Secretary of 320
the State by such time, such certificate shall be invalid and such party, 321
for the purposes of sections 9-417 and 9-418, shall be deemed to have 322
neither made nor certified any endorsement of any candidate for such 323
office. The candidate so endorsed for a municipal office to be voted 324
upon at a state election, other than the office of justice of the peace, 325
shall file with the Secretary of the State a certificate, signed by that 326
candidate, stating that such candidate was so endorsed, the candidate's 327
name as the candidate authorizes it to appear on the ballot, the 328
candidate's full street address and the title and district of the office for 329
which the candidate was endorsed. Such certificate may be filed by a 330
candidate whose name appears upon the last-completed enrollment 331
list of such party within the senatorial district within which the 332
candidate is endorsed to run for nomination in the case of the 333
municipal office of state senator, or the assembly district within which 334
the candidate is endorsed to run for nomination in the case of the 335
municipal office of state representative, or the municipality or political 336
subdivision within which the candidate is to run for nomination for 337
other municipal offices to be voted on at a state election. Such 338
certificate shall be attested by either the chairperson or presiding 339
officer or the secretary of the town committee, caucus or convention 340
which made such endorsement. The endorsement of any candidate for 341
the office of justice of the peace shall be certified to the clerk of the 342
municipality by either the chairperson or presiding officer or the 343
secretary of the town committee, caucus or convention, and shall 344
contain the name and street address of each candidate so endorsed and 345
the title of the office for which each such candidate is endorsed. Such 346
certification shall be made on a form prescribed by the Secretary of the 347
State or on such other form as may comply with the provisions of this 348 Raised Bill No. 1049
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subsection. 349
(2) (A) In the case of an error or omission in any such certificate of a 350
party's endorsement, which error or omission would operate to 351
invalidate such endorsement and which certificate is timely filed 352
pursuant to subdivision (1) of this subsection, the candidate so 353
certified or an individual authorized to act on behalf of such candidate 354
may correct such error or omission by appearing in person at the office 355
of the Secretary of the State not later than four o'clock p.m. on the 356
nineteenth day after the close of the town committee meeting, caucus 357
or convention, as the case may be, and amending such certificate to 358
make such correction, provided neither failure of such candidate to 359
timely file such certificate pursuant to subdivision (1) of this 360
subsection nor failure of the chairperson, presiding officer or secretary 361
of the town committee, caucus or convention to attest such certificate 362
shall be an error or omission that may be corrected pursuant to this 363
subdivision. If such candidate or individual does not appear to so 364
amend such certificate by such time, such certificate shall be invalid 365
and such party, for the purposes of sections 9-417 and 9-418, shall be 366
deemed to have neither made nor certified such endorsement. 367
(B) The Secretary of the State may amend a certificate of a party's 368
endorsement to correct any error or omission deemed by the Secretary 369
to be harmless, and shall keep a record of any such amendment made 370
pursuant to this subparagraph. Nothing in this subparagraph shall be 371
construed to require the Secretary to affirmatively attempt to identify 372
any error or omission in any such certificate. 373
Sec. 10. Section 9-400 of the general statutes is repealed and the 374
following is substituted in lieu thereof (Effective from passage): 375
(a) A candidacy for nomination by a political party to a state office 376
may be filed by or on behalf of any person whose name appears upon 377
the last-completed enrollment list of such party in any municipality 378
within the state and who has either (1) received at least fifteen per cent 379
of the votes of the convention delegates present and voting on any roll-380 Raised Bill No. 1049
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call vote taken on the endorsement or proposed endorsement of a 381
candidate for such state office, whether or not the party-endorsed 382
candidate for such office received a unanimous vote on the last ballot, 383
or (2) circulated a petition and obtained the signatures of at least two 384
per cent of the enrolled members of such party in the state, in 385
accordance with the provisions of sections 9-404a to 9-404c, inclusive. 386
Candidacies described in subdivision (1) of this subsection shall be 387
filed by submitting to the Secretary of the State not later than four 388
o'clock p.m. on the fourteenth day following the close of the state 389
convention, a certificate, signed by such candidate and attested by 390
either (A) the chairman or presiding officer, or (B) the secretary of the 391
convention, that such candidate received at least fifteen per cent of 392
such votes, and that such candidate consents to be a candidate in a 393
primary of such party for such state office. Such certificate shall specify 394
the candidate's name as the candidate authorizes it to appear on the 395
ballot, the candidate's full residence address and the title of the office 396
for which the candidacy is being filed. If such certificate for a state 397
office is not received by the Secretary of the State by such time, such 398
certificate shall be invalid and such person, for the purposes of sections 399
9-416 and 9-416a, shall be deemed to have made no valid certification 400
of candidacy for nomination by a political party [for] to such state 401
office. A single such certificate or petition for state office may be filed 402
on behalf of two or more candidates for different state offices who 403
consent to have their names appear on a single row of the primary 404
ballot under subsection (b) of section 9-437. Candidacies described in 405
subdivision (2) of this subsection shall be filed by submitting said 406
petition not later than four o'clock p.m. on the sixty-third day 407
preceding the day of the primary for such office to the registrar of 408
voters of the towns in which the respective petition pages were 409
circulated. Each registrar shall file each page of such petition with the 410
Secretary of the State in accordance with the provisions of section 9-411
404c. A petition filed by or on behalf of a candidate for state office shall 412
be invalid for such candidate if such candidate is certified as the party-413
endorsed candidate pursuant to section 9-388, as amended by this act, 414
or as receiving at least fifteen per cent of the convention vote for such 415 Raised Bill No. 1049
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office pursuant to this subsection. Except as provided in section 9-416a, 416
upon the expiration of the time period for party endorsement and 417
circulation and tabulation of petitions and signatures, if any, if one or 418
more candidacies for such state office have been filed pursuant to the 419
provisions of this section, the Secretary of the State shall notify all 420
town clerks and registrars of voters in accordance with the provisions 421
of section 9-433, that a primary for such state office shall be held in 422
each municipality in accordance with the provisions of section 9-415. 423
(b) A candidacy for nomination by a political party to a district 424
office may be filed by or on behalf of any person whose name appears 425
upon the last-completed enrollment list of such party within the 426
district the person seeks to represent that is in the office of the 427
Secretary of the State at the end of the last day prior to the convention 428
for the party from which the person seeks nomination and who has 429
either (1) received at least fifteen per cent of the votes of the 430
convention delegates present and voting on any roll-call vote taken on 431
the endorsement or proposed endorsement of a candidate for such 432
district office, whether or not the party-endorsed candidate for such 433
office received a unanimous vote on the last ballot, or (2) circulated a 434
petition and obtained the signatures of at least two per cent of the 435
enrolled members of such party in the district for the district office of 436
representative in Congress, and at least five per cent of the enrolled 437
members of such party in the district for the district offices of state 438
senator, state representative and judge of probate, in accordance with 439
the provisions of sections 9-404a to 9-404c, inclusive. Candidacies 440
described in subdivision (1) of this subsection shall be filed by 441
submitting to the Secretary of the State not later than four o'clock p.m. 442
on the fourteenth day following the close of the district convention, a 443
certificate, signed by such candidate and attested by either (A) the 444
chairman or presiding officer, or (B) the secretary of the convention, 445
that such candidate received at least fifteen per cent of such votes, and 446
that the candidate consents to be a candidate in a primary of such 447
party for such district office. Such certificate shall specify the 448
candidate's name as the candidate authorizes it to appear on the ballot, 449 Raised Bill No. 1049
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the candidate's full residence address and the title and district of the 450
office for which the candidacy is being filed. If such certificate for a 451
district office is not received by the Secretary of the State by such time, 452
such certificate shall be invalid and such person, for the purposes of 453
sections 9-416 and 9-416a, shall be deemed to have made no valid 454
certification of candidacy for nomination by a political party [for] to 455
such district office. Candidacies described in subdivision (2) of this 456
subsection shall be filed by submitting said petition not later than four 457
o'clock p.m. on the sixty-third day preceding the day of the primary 458
for such office to the registrar of voters of the towns in which the 459
respective petition pages were circulated. Each registrar shall file each 460
page of such petition with the Secretary in accordance with the 461
provisions of section 9-404c. A petition may only be filed by or on 462
behalf of a candidate for the district office of state senator, state 463
representative or judge of probate who is not certified as the party-464
endorsed candidate pursuant to section 9-388, as amended by this act, 465
or as receiving at least fifteen per cent of the convention vote for such 466
office pursuant to this subsection. A petition filed by or on behalf of a 467
candidate for the district office of representative in Congress shall be 468
invalid if said candidate is certified as the party-endorsed candidate 469
pursuant to section 9-388, as amended by this act, or as receiving at 470
least fifteen per cent of the convention vote for such office pursuant to 471
this subsection. Except as provided in section 9-416a, upon the 472
expiration of the time period for party endorsement and circulation 473
and tabulation of petitions and signatures, if any, if one or more 474
candidacies for such district office have been filed pursuant to the 475
provisions of this section, the Secretary of the State shall notify all 476
town clerks within the district, in accordance with the provisions of 477
section 9-433, that a primary for such district office shall be held in 478
each municipality and each part of a municipality within the district in 479
accordance with the provisions of section 9-415. 480
(c) (1) In the case of an error or omission in any such certificate of 481
candidacy for nomination by a political party, which error or omission 482
would operate to invalidate such candidacy and which certificate is 483 Raised Bill No. 1049
LCO No. 5386 16 of 25
timely filed pursuant to subsection (a) or (b) of this section, as 484
applicable, the person so certified or an agent of such person may 485
correct such error or omission by appearing in person at the office of 486
the Secretary of the State not later than four o'clock p.m. on the 487
nineteenth day after the close of the state or district convention, as 488
applicable, and amending such certificate to make such correction, 489
provided neither failure of such person to timely file such certificate 490
pursuant to subsection (a) or (b) of this section nor failure of the 491
chairperson, presiding officer or secretary of the convention to attest 492
such certificate shall be an error or omission that may be corrected 493
pursuant to this subsection. If such person or agent does not appear to 494
so amend such certificate by such time, such certificate shall be invalid 495
and such person, for the purposes of sections 9-416 and 9-416a, shall be 496
deemed to have made no valid certification of candidacy for 497
nomination by a political party. As used in this subsection, "agent" 498
means an individual authorized to act on behalf of a person. 499
(2) The Secretary of the State may amend a certificate of candidacy 500
for nomination to correct any error or omission deemed by the 501
Secretary to be harmless, and shall keep a record of any such 502
amendment made pursuant to this subdivision. Nothing in this 503
subdivision shall be construed to require the Secretary to affirmatively 504
attempt to identify any error or omission in any such certificate. 505
[(c)] (d) For the purposes of this section, the number of enrolled 506
members of a party shall be determined by the latest enrollment 507
records in the office of the Secretary of the State prior to the earliest 508
date that primary petitions were available. The names of electors on 509
the inactive registry list compiled under section 9-35 shall not be 510
counted for purposes of computing the number of petition signatures 511
required under this section, as provided in section 9-35c. 512
[(d)] (e) On the last day for filing primary petition candidacies in 513
accordance with the provisions of this section, the office or office 514
facilities of the registrars of voters shall open not later than one o'clock 515
p.m., and remain open until at least four o'clock p.m., and such 516 Raised Bill No. 1049
LCO No. 5386 17 of 25
registrars or the deputy or assistant registrars shall be present. 517
Sec. 11. Section 9-452 of the general statutes is repealed and the 518
following is substituted in lieu thereof (Effective from passage): 519
(a) All minor parties nominating candidates for any elective office 520
shall make such nominations and certify and file a list of such 521
nominations, as required by this section, not later than the sixty-second 522
day prior to the day of the election at which such candidates are to be 523
voted for. A list of nominees in printed or typewritten form that 524
includes each candidate's name as authorized by each candidate to 525
appear on the ballot, the signature of each candidate, the full street 526
address of each candidate and the title and district of the office for 527
which each candidate is nominated shall be certified by the presiding 528
officer of the committee, meeting or other authority making such 529
nomination and shall be filed by such presiding officer with the 530
Secretary of the State, in the case of any state, district or municipal 531
office to be voted upon at a state election, or with the clerk of the 532
municipality, in the case of any municipal office to be voted upon at a 533
municipal election, not later than the sixty-second day prior to the day 534
of the election. The registrars of voters of such municipality shall 535
promptly verify and correct the names on any such list filed with him, 536
or the names of nominees forwarded to the clerk of the municipality 537
by the Secretary of the State, in accordance with the registry list of such 538
municipality and endorse the same as having been so verified and 539
corrected. For purposes of this section, a list of nominations shall be 540
deemed to be filed when it is received by the Secretary of the State or 541
clerk of the municipality, as appropriate. If such certificate of a party's 542
nomination is not received by the Secretary of the State or clerk of the 543
municipality, as appropriate, by such time, such certificate shall be 544
invalid and such party, for the purposes of sections 9-460, 9-461 and 9-545
462, shall be deemed to have neither made nor certified any 546
nomination of any candidate for such office. A candidacy for 547
nomination by a minor party to a district or municipal office may be 548
filed on behalf of any person whose name appears on the last-549
completed registry list of the district or municipality represented by 550 Raised Bill No. 1049
LCO No. 5386 18 of 25
such office, as the case may be. A candidacy for nomination by a minor 551
party to a state office may be filed on behalf of any person whose name 552
appears on the last-completed registry list of the state. 553
(b) (1) In the case of an error or omission in any such certificate of 554
nomination for any state, district or municipal office to be voted upon 555
at a state election, which error or omission would operate to invalidate 556
such nomination and which certificate is timely filed pursuant to 557
subsection (a) of this section, the candidate so certified or an individual 558
authorized to act on behalf of such candidate may correct such error or 559
omission by appearing in person at the office of the Secretary of the 560
State not later than four o'clock p.m. on the fifty-seventh day prior to 561
the day of the election and amending such certificate to make such 562
correction, provided neither failure of the presiding officer of the 563
committee, meeting or other authority to timely file such certificate 564
pursuant to subsection (a) of this section nor failure of the candidate to 565
sign such certificate shall be an error or omission that may be corrected 566
pursuant to this subsection. If such candidate or individual does not 567
appear to so amend such certificate by such time, such certificate shall 568
be invalid and such party, for the purposes of sections 9-460, 9-461 and 569
9-462, shall be deemed to have neither made nor certified any such 570
nomination. 571
(2) The Secretary of the State may amend a certificate of nomination 572
to correct any error or omission deemed by the Secretary to be 573
harmless, and shall keep a record of any such amendment made 574
pursuant to this subdivision. Nothing in this subdivision shall be 575
construed to require the Secretary to affirmatively attempt to identify 576
any error or omission in any such certificate. 577
Sec. 12. Section 9-19j of the general statutes is repealed and the 578
following is substituted in lieu thereof (Effective from passage): 579
(a) As used in this subsection and subsections (b) to (i), inclusive, of 580
this section, "election day" means the day on which a regular election, 581
as defined in section 9-1, is held. 582 Raised Bill No. 1049
LCO No. 5386 19 of 25
(b) Notwithstanding the provisions of this chapter, a person who (1) 583
is (A) not an elector, or (B) an elector registered in a municipality who 584
wishes to change his or her registration to another municipality 585
pursuant to the provisions of subdivision (2) of subsection (e) of this 586
section, and (2) meets the eligibility requirements under subsection (a) 587
of section 9-12, may apply for admission as an elector on election day 588
pursuant to the provisions of subsections (a) to (i), inclusive, of this 589
section. 590
(c) (1) The registrars of voters shall designate a location for the 591
completion and processing of election day registration applications on 592
election day, provided (A) the registrars of voters shall have access to 593
the state-wide centralized voter registration system from such location, 594
and (B) such location shall be certified in writing to the Secretary of the 595
State not later than thirty-one days before election day. The written 596
certification required pursuant to subparagraph (B) of this subdivision 597
shall (i) include the name, street address and relevant contact 598
information associated with such location, (ii) list the name and 599
address of each election official appointed to serve at such location, if 600
any, and (iii) provide a description of the design of such location and a 601
plan for effective completion and processing of such applications. 602
Upon review of such written certification, the Secretary may require 603
the registrars of voters to appoint one or more additional election 604
officials or to alter such design or plan. 605
(2) The registrars of voters may [appoint one or more election 606
officials to serve at such location and may delegate to such election 607
officials] delegate to each election official appointed pursuant to 608
subdivision (1) of this subsection, if any, any of the responsibilities 609
assigned to the registrars of voters. The registrars of voters shall 610
supervise each such election [officials] official and train each such 611
election [officials] official to be an election day registration election 612
[officials] official. 613
(d) Any person applying to register on election day under the 614
provisions of subsections (a) to (i), inclusive, of this section shall make 615 Raised Bill No. 1049
LCO No. 5386 20 of 25
application in accordance with the provisions of section 9-20, provided 616
(1) on election day, the applicant shall appear in person at the location 617
designated by the registrars of voters for election day registration, (2) 618
an applicant who is a student enrolled at an institution of higher 619
education may submit a current photo identification card issued by 620
[said] such institution in lieu of the identification required by section 9-621
20, and (3) the applicant shall declare under oath that the applicant has 622
not previously voted in the election. If the information that the 623
applicant is required to provide under section 9-20 and subsections (a) 624
to (i), inclusive, of this section does not include proof of the applicant's 625
residential address, the applicant shall also submit identification that 626
shows the applicant's bona fide residence address, including, but not 627
limited to, a learner's permit issued under section 14-36 or a utility bill 628
that has the applicant's name and current address and that has a due 629
date that is not later than thirty days after the election or, in the case of 630
a student enrolled at an institution of higher education, a registration 631
or fee statement from such institution that has the applicant's name 632
and current address. 633
(e) If the registrars of voters determine that an applicant satisfies the 634
application requirements set forth in subsection (d) of this section, the 635
registrars of voters shall [check the state-wide centralized voter 636
registration system before admitting] admit such applicant as an 637
elector and the privileges of an elector shall attach immediately. 638
[(1) If the registrars of voters determine that the applicant is not 639
already an elector, the registrars of voters shall admit the applicant as 640
an elector and the privileges of an elector shall attach immediately. 641
(2) If the registrars of voters determine that such applicant is an 642
elector in another municipality and such applicant states that he or she 643
wants to change the municipality in which the applicant is an elector, 644
notwithstanding the provisions of section 9-21, the registrars of voters 645
of the municipality in which such elector now seeks to register shall 646
immediately notify the registrars of voters in such other municipality 647
that such elector is changing the municipality in which the applicant is 648 Raised Bill No. 1049
LCO No. 5386 21 of 25
an elector. The registrars of voters in such other municipality shall 649
notify the election officials in such municipality to remove such elector 650
from the official voter list of such municipality. Such election officials 651
shall cross through the elector's name on such official voter list and 652
mark "off" next to such elector's name on such official voter list. 653
(A) If it is reported that such applicant already voted in such other 654
municipality, the registrars of voters of such other municipality shall 655
immediately notify the registrars of voters of the municipality in which 656
such elector now seeks to register. In such event, such elector shall not 657
receive an election day registration ballot from the registrars of voters 658
of the municipality in which such elector now seeks to register. For any 659
such elector, the election day registration process shall cease in the 660
municipality in which such elector now seeks to register and such 661
matter shall be reviewed by the registrars of voters in the municipality 662
in which such elector now seeks to register. After completion of such 663
review, if a resolution of the matter can not be made, such matter shall 664
be reported to the State Elections Enforcement Commission which 665
shall conduct an investigation of the matter. 666
(B) If there is no such report that such applicant already voted in the 667
other municipality, the registrars of voters of the municipality in which 668
the applicant seeks to register shall admit the applicant as an elector 669
and the privileges of an elector shall attach immediately.] 670
(f) [If the applicant is admitted] Upon admission of the applicant as 671
an elector, the registrars of voters shall provide the elector with an 672
election day registration ballot and election day registration envelope 673
and shall make a record of such issuance. The elector shall complete an 674
affirmation imprinted upon the back of the envelope for an election 675
day registration ballot and shall declare under oath that the applicant 676
has not previously voted in the election. The affirmation shall be in the 677
form substantially as follows and signed by the voter: 678
AFFIRMATION: I, the undersigned, do hereby state, under penalty 679
of false statement, (perjury) that: 680 Raised Bill No. 1049
LCO No. 5386 22 of 25
1. I am the person admitted here as an elector in the town indicated. 681
2. I am eligible to vote in the election indicated for today in the town 682
indicated. 683
3. The information on my voter registration card is correct and 684
complete. 685
4. I reside at the address that I have given to the registrars of voters. 686
5. If previously registered at another location, I have provided such 687
address to the registrars of voters and hereby request cancellation of 688
such prior registration. 689
6. I have not voted in person or by absentee ballot and I will not 690
vote otherwise than by this ballot at this election. 691
7. I completed an application for an election day registration ballot 692
and received an election day registration ballot. 693
.... (Signature of voter) 694
(g) The elector shall forthwith mark the election day registration 695
ballot in the presence of the registrars of voters in such a manner that 696
the registrars of voters shall not know how the election day 697
registration ballot is marked. The elector shall place the election day 698
registration ballot in the election day registration ballot envelope 699
provided, and deposit such envelope in a secured election day 700
registration ballot depository receptacle. At the time designated by the 701
registrars of voters and noticed to election officials, the registrars of 702
voters shall transport such receptacle containing the election day 703
registration ballots to the central location or polling place, pursuant to 704
subsection (b) of section 9-147a, where absentee ballots are counted 705
and such election day registration ballots shall be counted by the 706
election officials present at such central location or polling place. A 707
section of the head moderator's return shall show the number of 708
election day registration ballots received from electors. The registrars 709
of voters shall seal a copy of the vote tally for election day registration 710 Raised Bill No. 1049
LCO No. 5386 23 of 25
ballots in a depository envelope with the election day registration 711
ballots and store such election day registration depository envelope 712
with the other election results materials. The election day registration 713
depository envelope shall be preserved by the registrars of voters for 714
the period of time required to preserve counted ballots for elections. 715
(h) The provisions of the general statutes and regulations 716
concerning procedures relating to the custody, control and counting of 717
absentee ballots shall apply as nearly as possible, to the custody, 718
control and counting of election day registration ballots under 719
subsections (a) to (i), inclusive, of this section. 720
(i) After the acceptance of an election day registration, the registrars 721
of voters shall forthwith send a registration confirmation notice to the 722
residential address of each applicant who is admitted as an elector on 723
election day under subsections (a) to (i), inclusive, of this section. Such 724
confirmation shall be sent by first class mail with instructions on the 725
envelope that it be returned if not deliverable at the address shown on 726
the envelope. If a confirmation notice is returned undelivered, the 727
registrars shall forthwith take the necessary action in accordance with 728
section 9-35 or 9-43, as applicable, notwithstanding the May first 729
deadline in section 9-35. 730
(j) No person shall solicit in behalf of or in opposition to the 731
candidacy of another or himself or herself or in behalf of or in 732
opposition to any question being submitted at the election, or loiter or 733
peddle or offer any advertising matter, ballot or circular to another 734
person within a radius of seventy-five feet of any outside entrance in 735
use as an entry to the [registrars' of voters designated location] location 736
designated by the registrars of voters for election day registration 737
balloting or in any corridor, passageway or other approach leading 738
from any such outside entrance to such [registrars' of voters 739
designated] location or in any room opening upon any such corridor, 740
passageway or approach. 741
Sec. 13. (NEW) (Effective from passage) Upon the adoption or 742 Raised Bill No. 1049
LCO No. 5386 24 of 25
determination of a plan of districting pursuant to Article XVI or Article 743
XXXI of the Amendments to the Constitution of Connecticut, as 744
applicable, the Secretary of the State shall request of the authority that 745
so adopted or determined such plan any statistical and voting district 746
information as the Secretary may deem necessary to ensure effective 747
implementation of such plan. In the case of any error in the 748
implementation of such plan in a municipality, the Secretary shall 749
notify the registrars of voters of such municipality of such error and 750
require that such registrars of voters undertake measures to correct 751
such error. Such registrars of voters shall immediately correct such 752
error and certify in writing to the Secretary when such error has been 753
corrected. 754
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage 9-140(k)
Sec. 3 from passage 9-324
Sec. 4 from passage 9-325
Sec. 5 from passage 9-328
Sec. 6 from passage 9-329a
Sec. 7 from passage 9-329b
Sec. 8 from passage 9-388
Sec. 9 from passage 9-391(c)
Sec. 10 from passage 9-400
Sec. 11 from passage 9-452
Sec. 12 from passage 9-19j
Sec. 13 from passage New section
Statement of Purpose:
To (1) require the Secretary of the State to develop a system through
which election-related forms can be signed electronically, (2) require
the Secretary to develop an online system for the registration of
circulators of absentee ballots, (3) require that certain disputes
concerning elections or primaries be adjudicated by the superior court
for the judicial district of Hartford, (4) permit candidates or their
agents to amend certain election-related filings to correct errors or Raised Bill No. 1049
LCO No. 5386 25 of 25
omissions without penalty if done so within specified timeframes, (5)
require registrars of voters to certify certain information regarding
designated locations for election day registration, permit the Secretary
to order any changes deemed necessary for the effective conduct of
election day registration and eliminate the requirement to perform a
cross-check before admitting an applicant for election day registration,
and (6) permit the Secretary to use redistricting plan data to require
registrars of voters to effectively implement such redistricting plan.
[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.]