Connecticut 2020 Regular Session

Connecticut House Bill HB05280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1779 1 of 26
4	4
5	5	General Assembly Raised Bill No. 5280
6	6	February Session, 2020
7	7	LCO No. 1779
8	8
9	9
10	10	Referred to Committee on GOVERNMENT ADMINISTRATION
11	11	AND ELECTIONS
12	12
13	13
14	14	Introduced by:
15	15	(GAE)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING AD MINISTRATIVE CHANGES TO ELECTIONS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 9-388 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective from passage): 2
26	26	(a) Whenever a convention of a political party is held for the 3
27	27	endorsement of candidates for nomination to state or district office, each 4
28	28	candidate endorsed at such convention shall file with the Secretary of 5
29	29	the State a certificate, signed by him, stating that he was endorsed by 6
30	30	such convention, his name as he authorizes it to appear on the ballot, his 7
31	31	full residence address and the title and district, if applicable, of the office 8
32	32	for which he was endorsed. Such certificate shall be attested by either 9
33	33	(1) the chairman or presiding officer, or (2) the secretary of such 10
34	34	convention and shall be received by the Secretary of the State not later 11
35	35	than four o'clock p.m. on the fourteenth day after the close of such 12
36	36	convention. Such certificate shall either be mailed to the Secretary of the 13
37	37	State by certified mail, return receipt requested, or delivered in person, 14
38	38	in which case a receipt indicating the date and time of delivery shall be 15 Raised Bill No. 5280
39	39
40	40
41	41
42	42	LCO No. 1779 2 of 26
43	43
44	44	provided by the Secretary of the State to the person making delivery. If 16
45	45	a certificate of a party's endorsement for a particular state or district 17
46	46	office is not received by the Secretary of the State by such time, such 18
47	47	certificate shall be invalid and such party, for the purposes of [section 9-19
48	48	416 and section 9-416a] sections 9-416 and 9-416a, shall be deemed to 20
49	49	have made no endorsement of any candidate for such office. If 21
50	50	applicable, the chairman of a party's state convention shall, forthwith 22
51	51	upon the close of such convention, file with the Secretary of the State the 23
52	52	names and full residence addresses of persons selected by such 24
53	53	convention as the nominees of such party for electors of President and 25
54	54	Vice-President of the United States in accordance with the provisions of 26
55	55	section 9-175. 27
56	56	(b) (1) Except as provided in subdivision (2) of this subsection, in the 28
57	57	case of an error or omission in any such certificate of a party's 29
58	58	endorsement, which error or omission would operate to invalidate such 30
59	59	endorsement and which certificate is timely filed pursuant to subsection 31
60	60	(a) of this section, the candidate so certified or an individual authorized 32
61	61	to act on behalf of such candidate may correct such error or omission by 33
62	62	appearing in person at the office of the Secretary of the State not later 34
63	63	than four o'clock p.m. on the nineteenth day after the close of the state 35
64	64	or district convention, as applicable, and amending such certificate to 36
65	65	make such correction, provided neither failure of such candidate to 37
66	66	timely file such certificate pursuant to subsection (a) of this section nor 38
67	67	failure of the chairman, presiding officer or secretary of the convention, 39
68	68	as applicable, to attest such certificate shall be an error or omission that 40
69	69	may be corrected pursuant to this subsection. If such candidate or 41
70	70	individual does not appear to so amend such certificate by such time, 42
71	71	such certificate shall be invalid and such party, for the purposes of 43
72	72	sections 9-416 and 9-416a, shall be deemed to have made no such 44
73	73	endorsement. 45
74	74	(2) The Secretary of the State may amend a certificate of a party's 46
75	75	endorsement to correct any error or omission deemed by the Secretary 47
76	76	to be harmless, and shall keep a record of any such amendment made 48
77	77	pursuant to this subdivision. Nothing in this subdivision shall be 49 Raised Bill No. 5280
78	78
79	79
80	80
81	81	LCO No. 1779 3 of 26
82	82
83	83	construed to require the Secretary to affirmatively attempt to identify 50
84	84	any error or omission in any such certificate. 51
85	85	Sec. 2. Subsection (c) of section 9-391 of the general statutes is 52
86	86	repealed and the following is substituted in lieu thereof (Effective from 53
87	87	passage): 54
88	88	(c) (1) Each endorsement of a candidate to run in a primary for the 55
89	89	nomination of candidates for a municipal office to be voted upon at a 56
90	90	state election shall be made under the provisions of section 9-390 not 57
91	91	earlier than the eighty-fourth day or later than the seventy-seventh day 58
92	92	preceding the day of such primary. Each certification to be filed under 59
93	93	this subsection shall be received by the Secretary of the State not later 60
94	94	than four o'clock p.m. on the fourteenth day after the close of the town 61
95	95	committee meeting, caucus or convention, as the case may be. If such a 62
96	96	certificate of a party's endorsement is not received by the Secretary of 63
97	97	the State by such time, such certificate shall be invalid and such party, 64
98	98	for the purposes of sections 9-417 and 9-418, shall be deemed to have 65
99	99	neither made nor certified any endorsement of any candidate for such 66
100	100	office. The candidate so endorsed for a municipal office to be voted upon 67
101	101	at a state election, other than the office of justice of the peace, shall file 68
102	102	with the Secretary of the State a certificate, signed by that candidate, 69
103	103	stating that such candidate was so endorsed, the candidate's name as 70
104	104	the candidate authorizes it to appear on the ballot, the candidate's full 71
105	105	street address and the title and district of the office for which the 72
106	106	candidate was endorsed. Such certificate may be filed by a candidate 73
107	107	whose name appears upon the last-completed enrollment list of such 74
108	108	party within the senatorial district within which the candidate is 75
109	109	endorsed to run for nomination in the case of the municipal office of 76
110	110	state senator, or the assembly district within which the candidate is 77
111	111	endorsed to run for nomination in the case of the municipal office of 78
112	112	state representative, or the municipality or political subdivision within 79
113	113	which the candidate is to run for nomination for other municipal offices 80
114	114	to be voted on at a state election. Such certificate shall be attested by 81
115	115	either the chairperson or presiding officer or the secretary of the town 82
116	116	committee, caucus or convention which made such endorsement. The 83 Raised Bill No. 5280
117	117
118	118
119	119
120	120	LCO No. 1779 4 of 26
121	121
122	122	endorsement of any candidate for the office of justice of the peace shall 84
123	123	be certified to the clerk of the municipality by either the chairperson or 85
124	124	presiding officer or the secretary of the town committee, caucus or 86
125	125	convention, and shall contain the name and street address of each 87
126	126	candidate so endorsed and the title of the office for which each such 88
127	127	candidate is endorsed. Such certification shall be made on a form 89
128	128	prescribed by the Secretary of the State or on such other form as may 90
129	129	comply with the provisions of this subsection. 91
130	130	(2) (A) Except as provided in subparagraph (B) of this subdivision, in 92
131	131	the case of an error or omission in any such certificate of a party's 93
132	132	endorsement, which error or omission would operate to invalidate such 94
133	133	endorsement and which certificate is timely filed pursuant to 95
134	134	subdivision (1) of this subsection, the candidate so certified or an 96
135	135	individual authorized to act on behalf of such candidate may correct 97
136	136	such error or omission by appearing in person at the office of the 98
137	137	Secretary of the State not later than four o'clock p.m. on the nineteenth 99
138	138	day after the close of the town committee meeting, caucus or 100
139	139	convention, as the case may be, and amending such certificate to make 101
140	140	such correction, provided neither failure of such candidate to timely file 102
141	141	such certificate pursuant to subdivision (1) of this subsection nor failure 103
142	142	of the chairperson, presiding officer or secretary of the town committee, 104
143	143	caucus or convention, as the case may be, to attest such certificate shall 105
144	144	be an error or omission that may be corrected pursuant to this 106
145	145	subdivision. If such candidate or individual does not appear to so 107
146	146	amend such certificate by such time, such certificate shall be invalid and 108
147	147	such party, for the purposes of sections 9-417 and 9-418, shall be deemed 109
148	148	to have neither made nor certified such endorsement. 110
149	149	(B) The Secretary of the State may amend a certificate of a party's 111
150	150	endorsement to correct any error or omission deemed by the Secretary 112
151	151	to be harmless, and shall keep a record of any such amendment made 113
152	152	pursuant to this subparagraph. Nothing in this subparagraph shall be 114
153	153	construed to require the Secretary to affirmatively attempt to identify 115
154	154	any error or omission in any such certificate. 116 Raised Bill No. 5280
155	155
156	156
157	157
158	158	LCO No. 1779 5 of 26
159	159
160	160	Sec. 3. Section 9-400 of the general statutes is repealed and the 117
161	161	following is substituted in lieu thereof (Effective from passage): 118
162	162	(a) A candidacy for nomination by a political party to a state office 119
163	163	may be filed by or on behalf of any person whose name appears upon 120
164	164	the last-completed enrollment list of such party in any municipality 121
165	165	within the state and who has either (1) received at least fifteen per cent 122
166	166	of the votes of the convention delegates present and voting on any roll-123
167	167	call vote taken on the endorsement or proposed endorsement of a 124
168	168	candidate for such state office, whether or not the party-endorsed 125
169	169	candidate for such office received a unanimous vote on the last ballot, 126
170	170	or (2) circulated a petition and obtained the signatures of at least two 127
171	171	per cent of the enrolled members of such party in the state, in accordance 128
172	172	with the provisions of sections 9-404a to 9-404c, inclusive. Candidacies 129
173	173	described in subdivision (1) of this subsection shall be filed by 130
174	174	submitting to the Secretary of the State not later than four o'clock p.m. 131
175	175	on the fourteenth day following the close of the state convention, a 132
176	176	certificate, signed by such candidate and attested by either (A) the 133
177	177	chairman or presiding officer, or (B) the secretary of the convention, that 134
178	178	such candidate received at least fifteen per cent of such votes, and that 135
179	179	such candidate consents to be a candidate in a primary of such party for 136
180	180	such state office. Such certificate shall specify the candidate's name as 137
181	181	the candidate authorizes it to appear on the ballot, the candidate's full 138
182	182	residence address and the title of the office for which the candidacy is 139
183	183	being filed. If such certificate for a state office is not received by the 140
184	184	Secretary of the State by such time, such certificate shall be invalid and 141
185	185	such person, for the purposes of sections 9-416 and 9-416a, shall be 142
186	186	deemed to have made no valid certification of candidacy for nomination 143
187	187	by a political party [for] to such state office. A single such certificate or 144
188	188	petition for state office may be filed on behalf of two or more candidates 145
189	189	for different state offices who consent to have their names appear on a 146
190	190	single row of the primary ballot under subsection (b) of section 9-437. 147
191	191	Candidacies described in subdivision (2) of this subsection shall be filed 148
192	192	by submitting said petition not later than four o'clock p.m. on the sixty-149
193	193	third day preceding the day of the primary for such office to the registrar 150 Raised Bill No. 5280
194	194
195	195
196	196
197	197	LCO No. 1779 6 of 26
198	198
199	199	of voters of the towns in which the respective petition pages were 151
200	200	circulated. Each registrar shall file each page of such petition with the 152
201	201	Secretary of the State in accordance with the provisions of section 9-404c. 153
202	202	A petition filed by or on behalf of a candidate for state office shall be 154
203	203	invalid for such candidate if such candidate is certified as the party-155
204	204	endorsed candidate pursuant to section 9-388, as amended by this act, 156
205	205	or as receiving at least fifteen per cent of the convention vote for such 157
206	206	office pursuant to this subsection. Except as provided in section 9-416a, 158
207	207	upon the expiration of the time period for party endorsement and 159
208	208	circulation and tabulation of petitions and signatures, if any, if one or 160
209	209	more candidacies for such state office have been filed pursuant to the 161
210	210	provisions of this section, the Secretary of the State shall notify all town 162
211	211	clerks and registrars of voters in accordance with the provisions of 163
212	212	section 9-433, that a primary for such state office shall be held in each 164
213	213	municipality in accordance with the provisions of section 9-415. 165
214	214	(b) A candidacy for nomination by a political party to a district office 166
215	215	may be filed by or on behalf of any person whose name appears upon 167
216	216	the last-completed enrollment list of such party within the district the 168
217	217	person seeks to represent that is in the office of the Secretary of the State 169
218	218	at the end of the last day prior to the convention for the party from 170
219	219	which the person seeks nomination and who has either (1) received at 171
220	220	least fifteen per cent of the votes of the convention delegates present and 172
221	221	voting on any roll-call vote taken on the endorsement or proposed 173
222	222	endorsement of a candidate for such district office, whether or not the 174
223	223	party-endorsed candidate for such office received a unanimous vote on 175
224	224	the last ballot, or (2) circulated a petition and obtained the signatures of 176
225	225	at least two per cent of the enrolled members of such party in the district 177
226	226	for the district office of representative in Congress, and at least five per 178
227	227	cent of the enrolled members of such party in the district for the district 179
228	228	offices of state senator, state representative and judge of probate, in 180
229	229	accordance with the provisions of sections 9-404a to 9-404c, inclusive. 181
230	230	Candidacies described in subdivision (1) of this subsection shall be filed 182
231	231	by submitting to the Secretary of the State not later than four o'clock 183
232	232	p.m. on the fourteenth day following the close of the district convention, 184 Raised Bill No. 5280
233	233
234	234
235	235
236	236	LCO No. 1779 7 of 26
237	237
238	238	a certificate, signed by such candidate and attested by either (A) the 185
239	239	chairman or presiding officer, or (B) the secretary of the convention, that 186
240	240	such candidate received at least fifteen per cent of such votes, and that 187
241	241	the candidate consents to be a candidate in a primary of such party for 188
242	242	such district office. Such certificate shall specify the candidate's name as 189
243	243	the candidate authorizes it to appear on the ballot, the candidate's full 190
244	244	residence address and the title and district of the office for which the 191
245	245	candidacy is being filed. If such certificate for a district office is not 192
246	246	received by the Secretary of the State by such time, such certificate shall 193
247	247	be invalid and such person, for the purposes of sections 9-416 and 9-194
248	248	416a, shall be deemed to have made no valid certification of candidacy 195
249	249	for nomination by a political party [for] to such district office. 196
250	250	Candidacies described in subdivision (2) of this subsection shall be filed 197
251	251	by submitting said petition not later than four o'clock p.m. on the sixty-198
252	252	third day preceding the day of the primary for such office to the registrar 199
253	253	of voters of the towns in which the respective petition pages were 200
254	254	circulated. Each registrar shall file each page of such petition with the 201
255	255	Secretary in accordance with the provisions of section 9-404c. A petition 202
256	256	may only be filed by or on behalf of a candidate for the district office of 203
257	257	state senator, state representative or judge of probate who is not certified 204
258	258	as the party-endorsed candidate pursuant to section 9-388, as amended 205
259	259	by this act, or as receiving at least fifteen per cent of the convention vote 206
260	260	for such office pursuant to this subsection. A petition filed by or on 207
261	261	behalf of a candidate for the district office of representative in Congress 208
262	262	shall be invalid if said candidate is certified as the party-endorsed 209
263	263	candidate pursuant to section 9-388, as amended by this act, or as 210
264	264	receiving at least fifteen per cent of the convention vote for such office 211
265	265	pursuant to this subsection. Except as provided in section 9-416a, upon 212
266	266	the expiration of the time period for party endorsement and circulation 213
267	267	and tabulation of petitions and signatures, if any, if one or more 214
268	268	candidacies for such district office have been filed pursuant to the 215
269	269	provisions of this section, the Secretary of the State shall notify all town 216
270	270	clerks within the district, in accordance with the provisions of section 9-217
271	271	433, that a primary for such district office shall be held in each 218
272	272	municipality and each part of a municipality within the district in 219 Raised Bill No. 5280
273	273
274	274
275	275
276	276	LCO No. 1779 8 of 26
277	277
278	278	accordance with the provisions of section 9-415. 220
279	279	(c) (1) Except as provided in subdivision (2) of this subsection, in the 221
280	280	case of an error or omission in any such certificate of candidacy for 222
281	281	nomination by a political party, which error or omission would operate 223
282	282	to invalidate such candidacy and which certificate is timely filed 224
283	283	pursuant to subsection (a) or (b) of this section, as applicable, the person 225
284	284	so certified or an agent of such person may correct such error or 226
285	285	omission by appearing in person at the office of the Secretary of the State 227
286	286	not later than four o'clock p.m. on the nineteenth day after the close of 228
287	287	the state or district convention, as applicable, and amending such 229
288	288	certificate to make such correction, provided neither failure of such 230
289	289	person to timely file such certificate pursuant to subsection (a) or (b) of 231
290	290	this section nor failure of the chairperson, presiding officer or secretary 232
291	291	of the convention to attest such certificate shall be an error or omission 233
292	292	that may be corrected pursuant to this subsection. If such person or 234
293	293	agent does not appear to so amend such certificate by such time, such 235
294	294	certificate shall be invalid and such person, for the purposes of sections 236
295	295	9-416 and 9-416a, shall be deemed to have made no valid certification of 237
296	296	candidacy for nomination by a political party. As used in this 238
297	297	subsection, "agent" means an individual authorized to act on behalf of a 239
298	298	person. 240
299	299	(2) The Secretary of the State may amend a certificate of candidacy 241
300	300	for nomination to correct any error or omission deemed by the Secretary 242
301	301	to be harmless, and shall keep a record of any such amendment made 243
302	302	pursuant to this subdivision. Nothing in this subdivision shall be 244
303	303	construed to require the Secretary to affirmatively attempt to identify 245
304	304	any error or omission in any such certificate. 246
305	305	[(c)] (d) For the purposes of this section, the number of enrolled 247
306	306	members of a party shall be determined by the latest enrollment records 248
307	307	in the office of the Secretary of the State prior to the earliest date that 249
308	308	primary petitions were available. The names of electors on the inactive 250
309	309	registry list compiled under section 9-35 shall not be counted for 251
310	310	purposes of computing the number of petition signatures required 252 Raised Bill No. 5280
311	311
312	312
313	313
314	314	LCO No. 1779 9 of 26
315	315
316	316	under this section, as provided in section 9-35c. 253
317	317	[(d)] (e) On the last day for filing primary petition candidacies in 254
318	318	accordance with the provisions of this section, the office or office 255
319	319	facilities of the registrars of voters shall open not later than one o'clock 256
320	320	p.m., and remain open until at least four o'clock p.m., and such 257
321	321	registrars or the deputy or assistant registrars shall be present. 258
322	322	Sec. 4. Section 9-452 of the general statutes is repealed and the 259
323	323	following is substituted in lieu thereof (Effective from passage): 260
324	324	(a) All minor parties nominating candidates for any elective office 261
325	325	shall make such nominations and certify and file a list of such 262
326	326	nominations, as required by this section, not later than the sixty-second 263
327	327	day prior to the day of the election at which such candidates are to be 264
328	328	voted for. A list of nominees in printed or typewritten form that includes 265
329	329	each candidate's name as authorized by each candidate to appear on the 266
330	330	ballot, the signature of each candidate, the full street address of each 267
331	331	candidate and the title and district of the office for which each candidate 268
332	332	is nominated shall be certified by the presiding officer of the committee, 269
333	333	meeting or other authority making such nomination and shall be filed 270
334	334	by such presiding officer with the Secretary of the State, in the case of 271
335	335	any state, district or municipal office to be voted upon at a state election, 272
336	336	or with the clerk of the municipality, in the case of any municipal office 273
337	337	to be voted upon at a municipal election, not later than the sixty-second 274
338	338	day prior to the day of the election. The registrars of voters of such 275
339	339	municipality shall promptly verify and correct the names on any such 276
340	340	list filed with him, or the names of nominees forwarded to the clerk of 277
341	341	the municipality by the Secretary of the State, in accordance with the 278
342	342	registry list of such municipality and endorse the same as having been 279
343	343	so verified and corrected. For purposes of this section, a list of 280
344	344	nominations shall be deemed to be filed when it is received by the 281
345	345	Secretary of the State or clerk of the municipality, as appropriate. If such 282
346	346	certificate of a party's nomination is not received by the Secretary of the 283
347	347	State or clerk of the municipality, as appropriate, by such time, such 284
348	348	certificate shall be invalid and such party, for the purposes of sections 285 Raised Bill No. 5280
349	349
350	350
351	351
352	352	LCO No. 1779 10 of 26
353	353
354	354	9-460, 9-461 and 9-462, shall be deemed to have neither made nor 286
355	355	certified any nomination of any candidate for such office. A candidacy 287
356	356	for nomination by a minor party to a district or municipal office may be 288
357	357	filed on behalf of any person whose name appears on the last-completed 289
358	358	registry list of the district or municipality represented by such office, as 290
359	359	the case may be. A candidacy for nomination by a minor party to a state 291
360	360	office may be filed on behalf of any person whose name appears on the 292
361	361	last-completed registry list of the state. 293
362	362	(b) (1) Except as provided in subdivision (2) of this subsection, in the 294
363	363	case of an error or omission in any such certificate of nomination for any 295
364	364	state, district or municipal office to be voted upon at a state election, 296
365	365	which error or omission would operate to invalidate such nomination 297
366	366	and which certificate is timely filed pursuant to subsection (a) of this 298
367	367	section the candidate so certified or an individual authorized to act on 299
368	368	behalf of such candidate may correct such error or omission by 300
369	369	appearing in person at the office of the Secretary of the State not later 301
370	370	than four o'clock p.m. on the fifty-seventh day prior to the day of the 302
371	371	election and amending such certificate to make such correction, 303
372	372	provided neither failure of the presiding officer of the committee, 304
373	373	meeting or other authority to timely file such certificate pursuant to 305
374	374	subsection (a) of this section nor failure of the candidate to sign such 306
375	375	certificate shall be an error or omission that may be corrected pursuant 307
376	376	to this subsection. If such candidate or individual does not appear to so 308
377	377	amend such certificate by such time, such certificate shall be invalid and 309
378	378	such party, for the purposes of sections 9-460, 9-461 and 9-462, shall be 310
379	379	deemed to have neither made nor certified any such nomination. 311
380	380	(2) The Secretary of the State may amend a certificate of nomination 312
381	381	to correct any error or omission deemed by the Secretary to be harmless, 313
382	382	and shall keep a record of any such amendment made pursuant to this 314
383	383	subdivision. Nothing in this subdivision shall be construed to require 315
384	384	the Secretary to affirmatively attempt to identify any error or omission 316
385	385	in any such certificate. 317
386	386	Sec. 5. Section 9-453e of the general statutes is repealed and the 318 Raised Bill No. 5280
387	387
388	388
389	389
390	390	LCO No. 1779 11 of 26
391	391
392	392	following is substituted in lieu thereof (Effective from passage): 319
393	393	Each circulator of a nominating petition page shall be a United States 320
394	394	citizen, at least eighteen years of age, [and a resident of a town in this 321
395	395	state] and shall not be on parole for conviction of a felony. Any 322
396	396	individual proposed as a candidate in any nominating petition may 323
397	397	serve as circulator of the pages of such nominating petition. 324
398	398	Sec. 6. Section 9-453j of the general statutes is repealed and the 325
399	399	following is substituted in lieu thereof (Effective from passage): 326
400	400	Each page of a nominating petition submitted to the town clerk or the 327
401	401	Secretary of the State and filed with the Secretary of the State under the 328
402	402	provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 shall 329
403	403	contain a statement as to the residency [in this state] and eligibility of 330
404	404	the circulator and as to the authenticity of the signatures thereon, signed 331
405	405	under [penalties] penalty of false statement, by the person who 332
406	406	circulated the same. Such statement shall set forth (1) [such] the 333
407	407	circulator's residence address, including the town [in this state] in which 334
408	408	[such] the circulator is a resident, (2) if the circulator is not a resident in 335
409	409	this state, that the circulator agrees to submit to the jurisdiction of the 336
410	410	state in any case or controversy arising out of or related to the circulation 337
411	411	of a petition pursuant to this subpart, (3) the circulator's date of birth 338
412	412	and that the circulator is at least eighteen years of age, [(3)] (4) that the 339
413	413	circulator is a United States citizen and not on parole for conviction of a 340
414	414	felony, and [(4)] (5) that each person whose name appears on such page 341
415	415	signed the same in person in the presence of [such] the circulator and 342
416	416	that either the circulator knows each such signer or that the signer 343
417	417	satisfactorily identified himself or herself to the circulator. Any false 344
418	418	statement committed with respect to such statement shall be deemed to 345
419	419	have been committed in the town in which the petition was circulated. 346
420	420	Sec. 7. Subsection (a) of section 9-453k of the general statutes is 347
421	421	repealed and the following is substituted in lieu thereof (Effective from 348
422	422	passage): 349
423	423	(a) The town clerk or Secretary of the State shall not accept any page 350 Raised Bill No. 5280
424	424
425	425
426	426
427	427	LCO No. 1779 12 of 26
428	428
429	429	of a nominating petition unless the circulator thereof has signed before 351
430	430	[him] the clerk, the Secretary or an appropriate person, as provided in 352
431	431	section 1-29, the statement as to the residency [in this state] and 353
432	432	eligibility of the circulator and as to the authenticity of the signatures 354
433	433	thereon required by section 9-453j, as amended by this act. 355
434	434	Sec. 8. Subsection (a) of section 9-453o of the general statutes is 356
435	435	repealed and the following is substituted in lieu thereof (Effective from 357
436	436	passage): 358
437	437	(a) The Secretary of the State may not count for purposes of 359
438	438	determining compliance with the number of signatures required by 360
439	439	section 9-453d the signatures certified by the town clerk on any petition 361
440	440	page filed under sections 9-453a to 9-453s, inclusive, or 9-216 if: (1) The 362
441	441	name of the candidate, [his] the candidate's address or the party 363
442	442	designation, if any, has been omitted from the face of the petition; (2) the 364
443	443	page does not contain a statement by the circulator as to the residency 365
444	444	[in this state] and eligibility of the circulator and as to the authenticity 366
445	445	of the signatures thereon as required by section 9-453j, as amended by 367
446	446	this act, or upon which such statement of the circulator is incomplete in 368
447	447	any respect; or (3) the page does not contain the certifications required 369
448	448	by sections 9-453a to 9-453s, inclusive, by the town clerk of the town in 370
449	449	which the signers reside. The town clerk shall cure any omission on his 371
450	450	or her part by signing any such page at the office of the Secretary of the 372
451	451	State and making the necessary amendment or by filing a separate 373
452	452	statement in this regard, which amendment shall be dated. 374
453	453	Sec. 9. Subsection (d) of section 9-404b of the general statutes is 375
454	454	repealed and the following is substituted in lieu thereof (Effective from 376
455	455	passage): 377
456	456	(d) [Each] Any person who has attained the age of eighteen years may 378
457	457	be a circulator of a primary petition page [shall be] if such person (1) is 379
458	458	an enrolled party member of a municipality in this state, [. Each] or (2) 380
459	459	agrees to submit to the jurisdiction of this state in any case or 381
460	460	controversy arising out of or related to the circulation of a primary 382 Raised Bill No. 5280
461	461
462	462
463	463
464	464	LCO No. 1779 13 of 26
465	465
466	466	petition. For any circulator described in subdivision (1) of this 383
467	467	subsection, each petition page shall contain a statement signed by the 384
468	468	registrar of the municipality in which the circulator is an enrolled party 385
469	469	member attesting that the circulator is an enrolled party member in the 386
470	470	municipality. For any circulator described in subdivision (2) of this 387
471	471	subsection, each petition page shall contain a statement signed by such 388
472	472	circulator that he or she agrees to submit to the jurisdiction of this state 389
473	473	in any case or controversy arising out of or related to the circulation of 390
474	474	a primary petition, which signed statement shall be attested to by the 391
475	475	registrar of the municipality in which such page was circulated. Unless 392
476	476	such a statement by the registrar of voters appears on each page so 393
477	477	submitted, the Secretary shall reject the page. Each separate page of the 394
478	478	petition shall contain a statement as to the authenticity of the signatures 395
479	479	on the page and the number of such signatures, and shall be signed 396
480	480	under the [penalties] penalty of false statement by the person who 397
481	481	circulated the page, setting forth the circulator's address and the town 398
482	482	in which the circulator is an enrolled party member and attesting that 399
483	483	each person whose name appears on the page signed the petition in 400
484	484	person in the presence of the circulator, that the circulator either knows 401
485	485	each such signer or that the signer satisfactorily identified himself or 402
486	486	herself to the circulator and that the spaces for candidates supported, 403
487	487	offices sought and the political party involved were filled in prior to the 404
488	488	obtaining of the signatures. Each separate page of the petition shall also 405
489	489	be acknowledged before an appropriate person as provided in section 406
490	490	1-29. The Secretary shall reject any page of a petition filed with the 407
491	491	Secretary which does not contain such a statement by the circulator as 408
492	492	to the authenticity of the signatures on the page, or upon which the 409
493	493	statement of the circulator is incomplete in any respect, or which does 410
494	494	not contain the certification required under this section by the registrar 411
495	495	of the town in which the circulator is an enrolled party member. Any 412
496	496	individual proposed as a candidate in any primary petition may serve 413
497	497	as a circulator of the pages of the petition, provided the individual's 414
498	498	service as circulator does not violate any provision of this section. 415
499	499	Sec. 10. Subsection (c) of section 9-410 of the general statutes is 416 Raised Bill No. 5280
500	500
501	501
502	502
503	503	LCO No. 1779 14 of 26
504	504
505	505	repealed and the following is substituted in lieu thereof (Effective from 417
506	506	passage): 418
507	507	(c) [Each] Any person who has attained the age of eighteen years may 419
508	508	be a circulator of a primary petition page [shall be] if such person (1) is 420
509	509	an enrolled party member of a municipality in this state, [who is entitled 421
510	510	to vote. Each] or (2) agrees to submit to the jurisdiction of this state in 422
511	511	any case or controversy arising out of or related to the circulation of a 423
512	512	primary petition. For any circulator described in subdivision (1) of this 424
513	513	subsection, each petition page shall contain a statement signed by the 425
514	514	registrar of the municipality in which such circulator is an enrolled party 426
515	515	member attesting that the circulator is an enrolled party member in such 427
516	516	municipality. For any circulator described in subdivision (2) of this 428
517	517	subsection, each petition page shall contain a statement signed by such 429
518	518	circulator that he or she agrees to submit to the jurisdiction of this state 430
519	519	in any case or controversy arising out of or related to the circulation of 431
520	520	a petition, which signed statement shall be attested to by the registrar of 432
521	521	the municipality in which such page was circulated. Unless such a 433
522	522	statement by the registrar appears on each page so submitted, the 434
523	523	registrar shall reject such page. No candidate for the nomination of a 435
524	524	party for a municipal office or the position of town committee member 436
525	525	shall circulate any petition for another candidate or another group of 437
526	526	candidates contained in one primary petition for the nomination of such 438
527	527	party for the same office or position, and any petition page circulated in 439
528	528	violation of this provision shall be rejected by the registrar. No person 440
529	529	shall circulate petitions for more than the maximum number of 441
530	530	candidates to be nominated by a party for the same office or position, 442
531	531	and any petition page circulated in violation of this provision shall be 443
532	532	rejected by the registrar. Each separate sheet of such petition shall 444
533	533	contain a statement as to the authenticity of the signatures thereon and 445
534	534	the number of such signatures, and shall be signed under the penalties 446
535	535	of false statement by the person who circulated the same, setting forth 447
536	536	such circulator's address and the town in which such circulator is an 448
537	537	enrolled party member and attesting that each person whose name 449
538	538	appears on such sheet signed the same in person in the presence of such 450 Raised Bill No. 5280
539	539
540	540
541	541
542	542	LCO No. 1779 15 of 26
543	543
544	544	circulator, that the circulator either knows each such signer or that the 451
545	545	signer satisfactorily identified the signer to the circulator and that the 452
546	546	spaces for candidates supported, offices or positions sought and the 453
547	547	political party involved were filled in prior to the obtaining of the 454
548	548	signatures. Each separate sheet of such petition shall also be 455
549	549	acknowledged before an appropriate person as provided in section 1-456
550	550	29. Any sheet of a petition filed with the registrar which does not contain 457
551	551	such a statement by the circulator as to the authenticity of the signatures 458
552	552	thereon, or upon which the statement of the circulator is incomplete in 459
553	553	any respect, or which does not contain the certification hereinbefore 460
554	554	required by the registrar of the town in which the circulator is an 461
555	555	enrolled party member, shall be rejected by the registrar. Any individual 462
556	556	proposed as a candidate in any primary petition may serve as a 463
557	557	circulator of the pages of such petition, provided such individual's 464
558	558	service as circulator does not violate any provision of this section. 465
559	559	Sec. 11. Section 9-450 of the general statutes is repealed and the 466
560	560	following is substituted in lieu thereof (Effective from passage): 467
561	561	(a) Nominations by major parties for any state, district or municipal 468
562	562	office to be filled under the provisions of any law relating to elections to 469
563	563	fill vacancies, unless otherwise provided therein, shall be made in 470
564	564	accordance with the provisions of sections 9-382 to 9-450, inclusive, as 471
565	565	amended by this act. 472
566	566	(b) (1) [(A)] In the case of nominations for representatives in Congress 473
567	567	and judges of probate in probate districts composed of two or more 474
568	568	towns, provided for in sections 9-212, as amended by this act, and 9-218, 475
569	569	the delegates to the convention for the last state election shall be the 476
570	570	delegates for the purpose of selecting a candidate to fill such vacancy. If 477
571	571	a vacancy occurs in the delegation from any town, political subdivision 478
572	572	or district, such vacancy may be filled by the town committee of the 479
573	573	town in which the delegate resided. Endorsements by political party 480
574	574	conventions pursuant to this subsection may be made and certified at 481
575	575	any time after the resignation or death creating such vacancy and not 482
576	576	later than the fiftieth day before the day of the election. No such 483 Raised Bill No. 5280
577	577
578	578
579	579
580	580	LCO No. 1779 16 of 26
581	581
582	582	endorsement shall be effective until the presiding officer or secretary of 484
583	583	any district convention has certified the endorsement to the Secretary of 485
584	584	the State. 486
585	585	[(B)] (2) If such a vacancy occurs between the one hundred twenty-487
586	586	fifth day and the sixty-third day before the day of a regular state or 488
587	587	municipal election in November of any year, no primary shall be held 489
588	588	for the nomination of any political party and the party-endorsed 490
589	589	candidate so selected shall be deemed, for the purposes of this chapter, 491
590	590	the person certified by the Secretary of the State pursuant to section 9-492
591	591	444 as the nominee of such party. 493
592	592	[(C)] (3) Except as provided in [subparagraph (B) of this] subdivision 494
593	593	(2) of this subsection, if a candidacy for nomination is filed by or on 495
594	594	behalf of any person other than a party-endorsed candidate not later 496
595	595	than [fourteen days] the day after the party endorsement and in 497
596	596	conformity with the provisions of section 9-400, as amended by this act, 498
597	597	a primary shall be held in each municipality of the district and each part 499
598	598	of a municipality which is a component part of the district, to determine 500
599	599	the nominee of such party for such office, except as provided in section 501
600	600	9-416a. Such primary shall be held on the day that the writs of election 502
601	601	issued by the Governor, pursuant to section 9-212, as amended by this 503
602	602	act, ordered the election to be held, and new writs of election shall be 504
603	603	issued by the Governor in accordance with section 9-212, as amended 505
604	604	by this act. 506
605	605	[(D)] (4) Unless the provisions of [subparagraph (B) of this] 507
606	606	subdivision (2) of this subsection apply, petition forms for candidacies 508
607	607	for nomination by a political party pursuant to this subdivision shall be 509
608	608	available from the Secretary of the State beginning on the day following 510
609	609	the issuance of writs of election by the Governor pursuant to section 9-511
610	610	212, as amended by this act, except when a primary has already been 512
611	611	held, and the provisions of section 9-404a shall otherwise apply to such 513
612	612	petitions. 514
613	613	[(E)] (5) The registry lists used pursuant to this subsection shall be the 515 Raised Bill No. 5280
614	614
615	615
616	616
617	617	LCO No. 1779 17 of 26
618	618
619	619	last-completed lists, as provided in sections 9-172a and 9-172b. 516
620	620	[(2)] (c) In the case of judges of probate in probate districts composed 517
621	621	of a single town, the day named for the election shall be not earlier than 518
622	622	the one hundred fifteenth day following the day on which the writ of 519
623	623	election is issued, and the times specified in sections 9-391, as amended 520
624	624	by this act, 9-405 and 9-423 shall be applicable. 521
625	625	[(3) (A)] (d) (1) In the case of nominations for senators in Congress 522
626	626	provided for in section 9-211, the delegates to the convention for the last 523
627	627	state election shall be the delegates for the purpose of selecting a 524
628	628	candidate to fill such vacancy. If a vacancy occurs in the delegation from 525
629	629	any town or political subdivision, such vacancy may be filled by the 526
630	630	town committee of the town in which the delegate resided. 527
631	631	Endorsements by political party conventions pursuant to this subsection 528
632	632	may be made and certified at any time after the resignation or death 529
633	633	creating such vacancy and not later than the fifty-sixth day before the 530
634	634	day of the primary. No such endorsement shall be effective until the 531
635	635	presiding officer or secretary of any state convention has certified the 532
636	636	endorsement to the Secretary of the State. 533
637	637	[(B)] (2) If such a vacancy occurs between the one hundred twenty-534
638	638	fifth day and the sixty-third day before the day of a regular state or 535
639	639	municipal election in November of any year, no primary shall be held 536
640	640	for the nomination of any political party and the party-endorsed 537
641	641	candidate so selected shall be deemed, for the purposes of this chapter, 538
642	642	the person certified by the Secretary of the State, pursuant to section 9-539
643	643	444, as the nominee of such party. In such an event, endorsements by 540
644	644	political party conventions shall be made not later than sixty days prior 541
645	645	to the election. 542
646	646	[(C)] (3) Except as provided in [subparagraph (B) of this] subdivision 543
647	647	(2) of this subsection, if a candidacy for nomination is filed by or on 544
648	648	behalf of any person other than a party-endorsed candidate not later 545
649	649	than [fourteen days] the day after the party endorsement and in 546
650	650	conformity with the provisions of section 9-400, as amended by this act, 547 Raised Bill No. 5280
651	651
652	652
653	653
654	654	LCO No. 1779 18 of 26
655	655
656	656	a primary shall be held on the fifty-sixth day prior to the day of the 548
657	657	election in each municipality to determine the nominee of such party for 549
658	658	such office, except as provided in section 9-416a. 550
659	659	[(D)] (4) Unless the provisions of [subparagraph (B) of this] 551
660	660	subdivision (2) of this subsection apply, petition forms for candidacies 552
661	661	for nomination by a political party pursuant to this subdivision shall be 553
662	662	available from the Secretary of the State beginning on the day following 554
663	663	the issuance of writs of election by the Governor, pursuant to section 9-555
664	664	211, except when a primary has already been held and the provisions of 556
665	665	section 9-404a shall otherwise apply to such petitions. 557
666	666	[(E)] (5) The registry lists used pursuant to this subsection shall be the 558
667	667	last-completed lists, as provided in sections 9-172a and 9-172b. 559
668	668	[(4)] (e) The times specified in sections 9-391, as amended by this act, 560
669	669	9-405 and 9-423 shall be applicable to any special town election held to 561
670	670	fill a vacancy in any town office under subsection (b) of section 9-164. 562
671	671	Except as provided under subsection (c) of section 9-164, any election 563
672	672	held to fill a vacancy in any municipal office under the provisions of any 564
673	673	special act shall be held not earlier than the one hundred twenty-seventh 565
674	674	day following the day upon which warning of such election is issued, 566
675	675	and the times specified in sections 9-391, as amended by this act, 9-405 567
676	676	and 9-423 shall be applicable. 568
677	677	Sec. 12. Subsection (a) of section 9-212 of the general statutes is 569
678	678	repealed and the following is substituted in lieu thereof (Effective from 570
679	679	passage): 571
680	680	(a) In case of a vacancy in the office of representative in Congress 572
681	681	from any district, the Governor, except as otherwise provided by law, 573
682	682	shall not more than ten days after the occurrence of such vacancy issue 574
683	683	writs of election directed to the town clerks or assistant town clerks, in 575
684	684	such district, ordering an election to be held on the sixtieth day after the 576
685	685	issue of such writs on a day, other than a Saturday or Sunday, to fill such 577
686	686	vacancy, provided (1) if such a vacancy occurs between the one hundred 578
687	687	twenty-fifth day and the sixty-third day before the day of a regular state 579 Raised Bill No. 5280
688	688
689	689
690	690
691	691	LCO No. 1779 19 of 26
692	692
693	693	or municipal election in November of any year, the Governor shall so 580
694	694	issue such writs on the sixtieth day before the day of such regular 581
695	695	election, ordering an election to be held on the day of such regular 582
696	696	election, (2) if such a vacancy occurs after the sixty-third day before the 583
697	697	day of a regular state election but before the regular state election, the 584
698	698	Governor shall not issue such writs and no election shall be held under 585
699	699	this section, unless the position vacated is that of member-elect, in which 586
700	700	case the Governor shall issue such writs and an election shall be held as 587
701	701	provided in this section, and (3) if a primary for such office occurs 588
702	702	pursuant to [subparagraph (C) of] subdivision [(1)] (3) of subsection (b) 589
703	703	of section 9-450, as amended by this act, the Governor shall, within ten 590
704	704	days following the filing of a candidacy for nomination by a person 591
705	705	other than the party-endorsed candidate, issue new writs of election, in 592
706	706	place of those first issued pursuant to this section. 593
707	707	Sec. 13. Section 9-324 of the general statutes is repealed and the 594
708	708	following is substituted in lieu thereof (Effective from passage): 595
709	709	(a) Any elector or candidate who claims that such elector or candidate 596
710	710	is aggrieved by any ruling of any election official in connection with any 597
711	711	election for Governor, Lieutenant Governor, Secretary of the State, State 598
712	712	Treasurer, Attorney General, State Comptroller or judge of probate, held 599
713	713	in such elector's or candidate's town, or that there has been a mistake in 600
714	714	the count of the votes cast at such election for candidates for said offices 601
715	715	or any of them, at any voting district in such elector's or candidate's 602
716	716	town, or any candidate for such an office who claims that such candidate 603
717	717	is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-604
718	718	361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 605
719	719	such election or any candidate for the office of Governor, Lieutenant 606
720	720	Governor, Secretary of the State, State Treasurer, Attorney General or 607
721	721	State Comptroller, who claims that such candidate is aggrieved by a 608
722	722	violation of any provision of sections 9-700 to 9-716, inclusive, may bring 609
723	723	such elector's or candidate's complaint to any judge of the [Superior 610
724	724	Court, in which such] superior court for the judicial district of Hartford. 611
725	725	Such elector or candidate shall set out in the complaint the claimed 612
726	726	errors of such election official, the claimed errors in the count or the 613 Raised Bill No. 5280
727	727
728	728
729	729
730	730	LCO No. 1779 20 of 26
731	731
732	732	claimed violations of said sections. In any action brought pursuant to 614
733	733	the provisions of this section, the complainant shall send a copy of the 615
734	734	complaint by first-class mail, or deliver a copy of the complaint by hand, 616
735	735	to the State Elections Enforcement Commission. If such complaint is 617
736	736	made prior to such election, such judge shall proceed expeditiously to 618
737	737	render judgment on the complaint and shall cause notice of the hearing 619
738	738	to be given to the Secretary of the State and the State Elections 620
739	739	Enforcement Commission. If such complaint is made subsequent to the 621
740	740	election, it shall be brought not later than fourteen days after the election 622
741	741	or, if such complaint is brought in response to the manual tabulation of 623
742	742	paper ballots authorized pursuant to section 9-320f, such complaint 624
743	743	shall be brought not later than seven days after the close of any such 625
744	744	manual tabulation. [and, in either such circumstance, such] 626
745	745	(b) Such judge shall forthwith order a hearing to be had upon such 627
746	746	complaint, upon a day not more than five nor less than three days from 628
747	747	the making of such order, and shall cause notice of not less than three 629
748	748	nor more than five days to be given to any candidate or candidates 630
749	749	whose election may be affected by the decision upon such hearing, to 631
750	750	such election official, the Secretary of the State, the State Elections 632
751	751	Enforcement Commission and to any other party or parties whom such 633
752	752	judge deems proper parties thereto, of the time and place for the hearing 634
753	753	upon such complaint. Such judge shall, on the day fixed for such hearing 635
754	754	and without unnecessary delay, proceed to hear the parties. If sufficient 636
755	755	reason is shown, such judge may order any voting tabulators to be 637
756	756	unlocked or any ballot boxes to be opened and a recount of the votes 638
757	757	cast, including absentee ballots, to be made. Such judge shall thereupon, 639
758	758	in case such judge finds any error in the rulings of the election official, 640
759	759	any mistake in the count of the votes or any violation of said sections, 641
760	760	certify the result of such judge's finding or decision to the Secretary of 642
761	761	the State before the fifteenth day of the next succeeding December. Such 643
762	762	judge may order a new election or a change in the existing election 644
763	763	schedule. 645
764	764	(c) Such certificate of such judge of such judge's finding or decision 646
765	765	shall be final and conclusive upon all questions relating to errors in the 647 Raised Bill No. 5280
766	766
767	767
768	768
769	769	LCO No. 1779 21 of 26
770	770
771	771	rulings of such election officials, to the correctness of such count, and, 648
772	772	for the purposes of this section only, such claimed violations, and shall 649
773	773	operate to correct the returns of the moderators or presiding officers, so 650
774	774	as to conform to such finding or decision, unless the same is appealed 651
775	775	from as provided in section 9-325, as amended by this act. 652
776	776	Sec. 14. Section 9-325 of the general statutes is repealed and the 653
777	777	following is substituted in lieu thereof (Effective from passage): 654
778	778	If, upon any such hearing by a judge of the [Superior Court] superior 655
779	779	court for the judicial district of Hartford, any question of law is raised 656
780	780	which any party to the complaint claims should be reviewed by the 657
781	781	Supreme Court, such judge, instead of filing the certificate of his finding 658
782	782	or decision with the Secretary of the State, shall transmit the same, 659
783	783	including therein such questions of law, together with a proper finding 660
784	784	of facts, to the Chief Justice of the Supreme Court, who shall thereupon 661
785	785	call a special session of [said court] the Supreme Court for the purpose 662
786	786	of an immediate hearing upon the questions of law so certified. A copy 663
787	787	of the finding and decision so certified by the judge of the [Superior 664
788	788	Court] superior court for the judicial district of Hartford, together with 665
789	789	the decision of the Supreme Court, on the questions of law therein 666
790	790	certified, shall be attested by the clerk of the Supreme Court, and by him 667
791	791	transmitted to the Secretary of the State forthwith. The finding and 668
792	792	decision of the judge of the [Superior Court] superior court for the 669
793	793	judicial district of Hartford, together with the decision of the Supreme 670
794	794	Court on the questions of law thus certified, shall be final and conclusive 671
795	795	upon all questions relating to errors in the rulings of the election officials 672
796	796	and to the correctness of such count and shall operate to correct the 673
797	797	returns of the moderators or presiding officers so as to conform to such 674
798	798	decision of [said court] the Supreme Court. Nothing in this section shall 675
799	799	be considered as prohibiting an appeal to the Supreme Court from a 676
800	800	final judgment of the [Superior Court] superior court for the judicial 677
801	801	district of Hartford. The judges of the Supreme Court may establish 678
802	802	rules of procedure for the speedy and inexpensive hearing of such 679
803	803	appeals within fifteen days of such judgment of a judge of the [Superior 680
804	804	Court] superior court for the judicial district of Hartford. 681 Raised Bill No. 5280
805	805
806	806
807	807
808	808	LCO No. 1779 22 of 26
809	809
810	810	Sec. 15. Section 9-328 of the general statutes is repealed and the 682
811	811	following is substituted in lieu thereof (Effective from passage): 683
812	812	(a) Any elector or candidate claiming to have been aggrieved by any 684
813	813	ruling of any election official in connection with an election for any 685
814	814	municipal office or a primary for justice of the peace, or any elector or 686
815	815	candidate claiming that there has been a mistake in the count of votes 687
816	816	cast for any such office at such election or primary, or any candidate in 688
817	817	such an election or primary claiming that he is aggrieved by a violation 689
818	818	of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a 690
819	819	or 9-365 in the casting of absentee ballots at such election or primary, 691
820	820	may bring a complaint to any judge of the [Superior Court] superior 692
821	821	court for the judicial district of Hartford for relief therefrom. In any 693
822	822	action brought pursuant to the provisions of this section, the 694
823	823	complainant shall send a copy of the complaint by first-class mail, or 695
824	824	deliver a copy of the complaint by hand, to the State Elections 696
825	825	Enforcement Commission. If such complaint is made prior to such 697
826	826	election or primary, such judge shall proceed expeditiously to render 698
827	827	judgment on the complaint and shall cause notice of the hearing to be 699
828	828	given to the Secretary of the State and the State Elections Enforcement 700
829	829	Commission. If such complaint is made subsequent to such election or 701
830	830	primary, it shall be brought not later than fourteen days after such 702
831	831	election or primary, except that if such complaint is brought in response 703
832	832	to the manual tabulation of paper ballots, authorized pursuant to section 704
833	833	9-320f, such complaint shall be brought not later than seven days after 705
834	834	the close of any such manual tabulation, to any judge of the [Superior 706
835	835	Court] superior court for the judicial district of Hartford, in which he 707
836	836	shall set out the claimed errors of the election official, the claimed errors 708
837	837	in the count or the claimed violations of said sections. 709
838	838	(b) Such judge shall forthwith order a hearing to be had upon such 710
839	839	complaint, upon a day not more than five nor less than three days from 711
840	840	the making of such order, and shall cause notice of not less than three 712
841	841	nor more than five days to be given to any candidate or candidates 713
842	842	whose election or nomination may be affected by the decision upon such 714
843	843	hearing, to such election official, the Secretary of the State, the State 715 Raised Bill No. 5280
844	844
845	845
846	846
847	847	LCO No. 1779 23 of 26
848	848
849	849	Elections Enforcement Commission and to any other party or parties 716
850	850	whom such judge deems proper parties thereto, of the time and place 717
851	851	for the hearing upon such complaint. Such judge shall, on the day fixed 718
852	852	for such hearing and without unnecessary delay, proceed to hear the 719
853	853	parties. If sufficient reason is shown, he may order any voting tabulators 720
854	854	to be unlocked or any ballot boxes to be opened and a recount of the 721
855	855	votes cast, including absentee ballots, to be made. Such judge shall 722
856	856	thereupon, if he finds any error in the rulings of the election official or 723
857	857	any mistake in the count of the votes, certify the result of his finding or 724
858	858	decision to the Secretary of the State before the tenth day succeeding the 725
859	859	conclusion of the hearing. Such judge may order a new election or 726
860	860	primary or a change in the existing election schedule. 727
861	861	(c) Such certificate of such judge of his finding or decision shall be 728
862	862	final and conclusive upon all questions relating to errors in the ruling of 729
863	863	such election officials, to the correctness of such count, and, for the 730
864	864	purposes of this section only, such claimed violations, and shall operate 731
865	865	to correct the returns of the moderators or presiding officers, so as to 732
866	866	conform to such finding or decision, except that this section shall not 733
867	867	affect the right of appeal to the Supreme Court and it shall not prevent 734
868	868	such judge from reserving such questions of law for the advice of the 735
869	869	Supreme Court as provided in section 9-325, as amended by this act. 736
870	870	Such judge may, if necessary, issue [his] a writ of mandamus, requiring 737
871	871	the adverse party and those under him to deliver to the complainant the 738
872	872	appurtenances of such office, and shall cause his finding and [decree] 739
873	873	decision to be entered on the records of the Superior Court in the proper 740
874	874	judicial district. 741
875	875	Sec. 16. Section 9-329a of the general statutes is repealed and the 742
876	876	following is substituted in lieu thereof (Effective from passage): 743
877	877	(a) Any (1) elector or candidate aggrieved by a ruling of an election 744
878	878	official in connection with any primary held pursuant to (A) section 9-745
879	879	423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 746
880	880	alleges that there has been a mistake in the count of the votes cast at such 747
881	881	primary, or (3) candidate in such a primary who alleges that he is 748 Raised Bill No. 5280
882	882
883	883
884	884
885	885	LCO No. 1779 24 of 26
886	886
887	887	aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-749
888	888	361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at 750
889	889	such primary, may bring his complaint to any judge of the [Superior 751
890	890	Court] superior court for the judicial district of Hartford for appropriate 752
891	891	action. In any action brought pursuant to the provisions of this section, 753
892	892	the complainant shall file a certification attached to the complaint 754
893	893	indicating that a copy of the complaint has been sent by first-class mail 755
894	894	or delivered to the State Elections Enforcement Commission. If such 756
895	895	complaint is made prior to such primary such judge shall proceed 757
896	896	expeditiously to render judgment on the complaint and shall cause 758
897	897	notice of the hearing to be given to the Secretary of the State and the 759
898	898	State Elections Enforcement Commission. If such complaint is made 760
899	899	subsequent to such primary it shall be brought, not later than fourteen 761
900	900	days after such primary, or if such complaint is brought in response to 762
901	901	the manual tabulation of paper ballots, described in section 9-320f, such 763
902	902	complaint shall be brought, not later than seven days after the close of 764
903	903	any such manual tabulation, to any judge of the [Superior Court] 765
904	904	superior court for the judicial district of Hartford. 766
905	905	(b) Such judge shall forthwith order a hearing to be held upon such 767
906	906	complaint upon a day not more than five nor less than three days after 768
907	907	the making of such order, and shall cause notice of not less than three 769
908	908	days to be given to any candidate or candidates in any way directly 770
909	909	affected by the decision upon such hearing, to such election official, to 771
910	910	the Secretary of the State, the State Elections Enforcement Commission 772
911	911	and to any other person or persons, whom such judge deems proper 773
912	912	parties thereto, of the time and place of the hearing upon such 774
913	913	complaint. Such judge shall, on the day fixed for such hearing, and 775
914	914	without delay, proceed to hear the parties and determine the result. If, 776
915	915	after hearing, sufficient reason is shown, such judge may order any 777
916	916	voting tabulators to be unlocked or any ballot boxes to be opened and a 778
917	917	recount of the votes cast, including absentee ballots, to be made. Such 779
918	918	judge shall thereupon, if he finds any error in the ruling of the election 780
919	919	official, any mistake in the count of the votes or any violation of said 781
920	920	sections, certify the result of his finding or decision to the Secretary of 782 Raised Bill No. 5280
921	921
922	922
923	923
924	924	LCO No. 1779 25 of 26
925	925
926	926	the State before the tenth day following the conclusion of the hearing. 783
927	927	Such judge may (1) determine the result of such primary; (2) order a 784
928	928	change in the existing primary schedule; or (3) order a new primary if 785
929	929	he finds that but for the error in the ruling of the election official, any 786
930	930	mistake in the count of the votes or any violation of said sections, the 787
931	931	result of such primary might have been different and he is unable to 788
932	932	determine the result of such primary. 789
933	933	(c) The certification by the judge of his finding or decision shall be 790
934	934	final and conclusive upon all questions relating to errors in the ruling of 791
935	935	such election official, to the correctness of such count, and, for the 792
936	936	purposes of this section only, such alleged violations, and shall operate 793
937	937	to correct any returns or certificates filed by the election officials, unless 794
938	938	the same is appealed from as provided in section 9-325, as amended by 795
939	939	this act. In the event a new primary is held pursuant to such [Superior 796
940	940	Court] order of the superior court for the judicial district of Hartford, 797
941	941	the result of such new primary shall be final and conclusive unless a 798
942	942	complaint is brought pursuant to this section. The clerk of the court shall 799
943	943	forthwith transmit a copy of such findings and order to the Secretary of 800
944	944	the State. 801
945	945	Sec. 17. Section 9-329b of the general statutes is repealed and the 802
946	946	following is substituted in lieu thereof (Effective from passage): 803
947	947	At any time prior to a primary held pursuant to sections 9-423, 9-425 804
948	948	and 9-464, or a special act or prior to any election, the [Superior Court] 805
949	949	superior court for the judicial district of Hartford may issue an order 806
950	950	removing a candidate from a ballot where it is shown that [said] such 807
951	951	candidate is improperly on the ballot. 808
952	952	This act shall take effect as follows and shall amend the following
953	953	sections:
954	954
955	955	Section 1 from passage 9-388
956	956	Sec. 2 from passage 9-391(c)
957	957	Sec. 3 from passage 9-400
958	958	Sec. 4 from passage 9-452 Raised Bill No. 5280
959	959
960	960
961	961
962	962	LCO No. 1779 26 of 26
963	963
964	964	Sec. 5 from passage 9-453e
965	965	Sec. 6 from passage 9-453j
966	966	Sec. 7 from passage 9-453k(a)
967	967	Sec. 8 from passage 9-453o(a)
968	968	Sec. 9 from passage 9-404b(d)
969	969	Sec. 10 from passage 9-410(c)
970	970	Sec. 11 from passage 9-450
971	971	Sec. 12 from passage 9-212(a)
972	972	Sec. 13 from passage 9-324
973	973	Sec. 14 from passage 9-325
974	974	Sec. 15 from passage 9-328
975	975	Sec. 16 from passage 9-329a
976	976	Sec. 17 from passage 9-329b
977	977
978	978	Statement of Purpose:
979	979	To (1) permit candidates or their agents to amend certain election-
980	980	related filings to correct errors or omissions without penalty if done so
981	981	within specified time frames, (2) bring certain state laws relating to the
982	982	circulation of nominating and primary petitions into compliance with
983	983	federal case law, (3) in the case of nominations for judges of probate and
984	984	members of Congress, reduce the time by which a person other than a
985	985	party-endorsed candidate can file a candidacy for nomination in order
986	986	for a primary to be held, and (4) require that certain disputes concerning
987	987	elections or primaries be adjudicated by the superior court for the
988	988	judicial district of Hartford.
989	989	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
990	990	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
991	991	underlined.]
992	992