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 Section 9-388 of the general statutes is repealed and the 1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