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General Assembly Raised Bill No. 5528
February Session, 2020
LCO No. 3088
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING RE VISIONS TO ELECTION LAWS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-417 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) [If] Except as provided in subsection (b) of this section, if within 3
the time specified in section 9-405, no candidacy for nomination by a 4
political party to a municipal office has been filed by or on behalf of a 5
person other than a party-endorsed candidate or, in the case of election 6
as member of the town committee of such party, by persons other than 7
party-endorsed candidates numbering at least twenty-five per cent of 8
the number of town committee members to be elected by such party 9
either in the municipality or in the political subdivision, as the case may 10
be, in conformity with the provisions of sections 9-405 to 9-412, 11
inclusive, as amended by this act, 9-413a and 9-414, no primary shall be 12
held by such party for such office or for town committee members, as 13
the case may be, and the party-endorsed candidate or candidates for 14
such office shall be deemed to have been lawfully chosen as the nominee 15 Raised Bill No. 5528
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or nominees of such party to such office, or, as the case may be, and the 16
party-endorsed candidates for election as members of the town 17
committee shall be deemed to have been lawfully elected to such 18
positions at the times specified in section 9-392. 19
(b) In the case of any municipality having a population of one 20
hundred thousand or more and in which a party by its rules provides, 21
pursuant to subsection (g) of section 9-390, that the town committee 22
members of such party be chosen at direct primaries, if, by four o'clock 23
p.m. on the forty-first day preceding the day of the primary of such 24
party, the number of persons who have requested petition forms for 25
candidacies for election as members of such town committee and filed a 26
signed statement consenting to be a candidate for such position, in 27
accordance with subsection (c) of section 9-409, is equal to or less than 28
the number of town committee members to be elected by such party, but 29
at least twenty-five per cent of such number, in accordance with section 30
9-411, then (1) the requirements regarding such persons' filing of 31
candidacies for election under section 9-405, and signed petitions under 32
section 9-406, as amended by this act, shall not apply, (2) the 33
requirements regarding the registrar's receipt of petition pages and 34
certification of signatures on such pages under section 9-412, as 35
amended by this act, shall not apply, and (3) no primary shall be held 36
by such party for town committee members and such persons shall be 37
deemed to have lawfully been elected to such positions at the times 38
specified in section 9-392. 39
Sec. 2. Subsection (a) of section 9-404c of the general statutes is 40
repealed and the following is substituted in lieu thereof (Effective from 41
passage): 42
(a) Upon the receipt of any page of a petition proposing a candidacy 43
for a state or district office, the registrar shall forthwith sign and give to 44
the person submitting the petition a receipt, in duplicate, stating the 45
number of pages filed and the date and time of filing. The person or the 46
candidate shall forthwith send one copy of the receipt to the Secretary 47
of the State. The registrar of voters shall forthwith (1) indicate on each 48 Raised Bill No. 5528
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such petition page the date and time of filing, [shall forthwith] (2) certify 49
on each such page the number of signers of the page who were enrolled 50
on the last-completed enrollment list of such party in the municipality 51
or political subdivision, as the case may be, [and shall forthwith] on the 52
earliest date such petition was available, as provided in section 9-404a, 53
and (3) file such certified page in person or by mail, as described in 54
section 9-140b, with the Secretary [within] not later than seven days after 55
receipt of the page. In checking the signatures on primary petition 56
pages, the registrar shall reject any name [which] that does not appear 57
on the last-completed enrollment list of such party in the municipality 58
or political subdivision, as the case may be, on the earliest date such 59
petition was available, as provided in section 9-404a. Such rejection shall 60
be indicated by placing a mark in a manner prescribed by the Secretary 61
before the name rejected. The registrar may place a check mark before 62
each name appearing on the enrollment list to indicate approval but 63
shall place no other mark on the page except as provided in this chapter. 64
The registrar shall not reject any name for which the street address on 65
the petition is different from the street address on the enrollment list, if 66
[(1)] (A) such person is eligible to vote for the candidate or candidates 67
named in the petition in the municipality of the registrar, and [(2)] (B) 68
the person's date of birth, as shown on the petition page, is the same as 69
the date of birth on the person's registration record. 70
Sec. 3. Subsections (a) to (c), inclusive, of section 9-400 of the general 71
statutes are repealed and the following is substituted in lieu thereof 72
(Effective from passage): 73
(a) A candidacy for nomination by a political party to a state office 74
may be filed by or on behalf of any person whose name appears upon 75
the last-completed enrollment list of such party in any municipality 76
within the state and who has either (1) received at least fifteen per cent 77
of the votes of the convention delegates present and voting on any roll-78
call vote taken on the endorsement or proposed endorsement of a 79
candidate for such state office, whether or not the party-endorsed 80
candidate for such office received a unanimous vote on the last ballot, 81
or (2) circulated a petition and obtained the signatures of at least two 82 Raised Bill No. 5528
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per cent of the enrolled members of such party in the state, in accordance 83
with the provisions of sections 9-404a to 9-404c, inclusive. Candidacies 84
described in subdivision (1) of this subsection shall be filed by 85
submitting to the Secretary of the State not later than four o'clock p.m. 86
on the fourteenth day following the close of the state convention, a 87
certificate, signed by such candidate and attested by either (A) the 88
chairman or presiding officer, or (B) the secretary of the convention, that 89
such candidate received at least fifteen per cent of such votes, and that 90
such candidate consents to be a candidate in a primary of such party for 91
such state office. Such certificate shall specify the candidate's name as 92
the candidate authorizes it to appear on the ballot, the candidate's full 93
residence address and the title of the office for which the candidacy is 94
being filed. If such certificate for a state office is not received by the 95
Secretary of the State by such time, such certificate shall be invalid and 96
such party, for the purposes of sections 9-416 and 9-416a, shall be 97
deemed to have made no valid certification of candidacy for nomination 98
[by a political party for] to such state office. A single such certificate or 99
petition for state office may be filed on behalf of two or more candidates 100
for different state offices who consent to have their names appear on a 101
single row of the primary ballot under subsection (b) of section 9-437. 102
Candidacies described in subdivision (2) of this subsection shall be filed 103
by submitting said petition not later than four o'clock p.m. on the sixty-104
third day preceding the day of the primary for such office to the registrar 105
of voters of the towns in which the respective petition pages were 106
circulated. Each registrar shall file each page of such petition with the 107
Secretary of the State in accordance with the provisions of section 9-404c. 108
A petition filed by or on behalf of a candidate for state office shall be 109
invalid for such candidate if such candidate is certified as the party-110
endorsed candidate pursuant to section 9-388 or as receiving at least 111
fifteen per cent of the convention vote for such office pursuant to this 112
subsection. Except as provided in section 9-416a, upon the expiration of 113
the time period for party endorsement and circulation and tabulation of 114
petitions and signatures, if any, if one or more candidacies for such state 115
office have been filed pursuant to the provisions of this section, the 116
Secretary of the State shall notify all town clerks and registrars of voters 117 Raised Bill No. 5528
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in accordance with the provisions of section 9-433, that a primary for 118
such state office shall be held in each municipality in accordance with 119
the provisions of section 9-415. 120
(b) A candidacy for nomination by a political party to a district office 121
may be filed by or on behalf of any person whose name appears upon 122
the last-completed enrollment list of such party within the district the 123
person seeks to represent that is in the office of the Secretary of the State 124
at the end of the last day prior to the convention for the party from 125
which the person seeks nomination and who has either (1) received at 126
least fifteen per cent of the votes of the convention delegates present and 127
voting on any roll-call vote taken on the endorsement or proposed 128
endorsement of a candidate for such district office, whether or not the 129
party-endorsed candidate for such office received a unanimous vote on 130
the last ballot, or (2) circulated a petition and obtained the signatures of 131
at least two per cent of the enrolled members of such party in the district 132
for the district office of representative in Congress, [and] at least five per 133
cent of the enrolled members of such party in the district for the district 134
[offices of state senator, state representative and] office of judge of 135
probate and at least seven per cent of the enrolled members of such 136
party in the district for the district offices of state senator and state 137
representative, in accordance with the provisions of sections 9-404a to 138
9-404c, inclusive. Candidacies described in subdivision (1) of this 139
subsection shall be filed by submitting to the Secretary of the State not 140
later than four o'clock p.m. on the fourteenth day following the close of 141
the district convention, a certificate, signed by such candidate and 142
attested by either (A) the chairman or presiding officer, or (B) the 143
secretary of the convention, that such candidate received at least fifteen 144
per cent of such votes, and that the candidate consents to be a candidate 145
in a primary of such party for such district office. Such certificate shall 146
specify the candidate's name as the candidate authorizes it to appear on 147
the ballot, the candidate's full residence address and the title and district 148
of the office for which the candidacy is being filed. If such certificate for 149
a district office is not received by the Secretary of the State by such time, 150
such certificate shall be invalid and such party, for the purposes of 151 Raised Bill No. 5528
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sections 9-416 and 9-416a, shall be deemed to have made no valid 152
certification of candidacy for nomination [by a political party for] to 153
such district office. Candidacies described in subdivision (2) of this 154
subsection shall be filed by submitting said petition not later than four 155
o'clock p.m. on the sixty-third day preceding the day of the primary for 156
such office to the registrar of voters of the towns in which the respective 157
petition pages were circulated. Each registrar shall file each page of such 158
petition with the Secretary in accordance with the provisions of section 159
9-404c. A petition may only be filed by or on behalf of a candidate for 160
the district office of state senator, state representative or judge of probate 161
who is not certified as the party-endorsed candidate pursuant to section 162
9-388 or as receiving at least fifteen per cent of the convention vote for 163
such office pursuant to this subsection. A petition filed by or on behalf 164
of a candidate for the district office of representative in Congress shall 165
be invalid if said candidate is certified as the party-endorsed candidate 166
pursuant to section 9-388 or as receiving at least fifteen per cent of the 167
convention vote for such office pursuant to this subsection. Except as 168
provided in section 9-416a, upon the expiration of the time period for 169
party endorsement and circulation and tabulation of petitions and 170
signatures, if any, if one or more candidacies for such district office have 171
been filed pursuant to the provisions of this section, the Secretary of the 172
State shall notify all town clerks within the district, in accordance with 173
the provisions of section 9-433, that a primary for such district office 174
shall be held in each municipality and each part of a municipality within 175
the district in accordance with the provisions of section 9-415. 176
(c) For the purposes of any candidacy described in subdivision (2) of 177
subsection (a), or subdivision (2) of subsection (b), of this section, the 178
number of enrolled members of a party shall be determined by the latest 179
enrollment records in the office of the Secretary of the State prior to the 180
earliest date that primary petitions were available, and the name of any 181
person who submits an application for admission as an elector and 182
enrollment in a party after such date and that appears on any petition 183
page filed with the Secretary by a registrar pursuant to this section shall 184
not be included in such determination of the number of enrolled 185 Raised Bill No. 5528
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members of such party and shall not be counted for the purpose of 186
computing the number of petition signatures required under this 187
section. The names of electors on the inactive registry list compiled 188
under section 9-35 shall not be counted for purposes of computing the 189
number of petition signatures required under this section, as provided 190
in section 9-35c. 191
Sec. 4. Section 9-412 of the general statutes is repealed and the 192
following is substituted in lieu thereof (Effective from passage): 193
Upon the receipt of any page of a petition proposing a candidacy for 194
a municipal office or for member of a town committee, the registrar shall 195
forthwith (1) sign and give to the person submitting the petition a 196
receipt in duplicate, stating the number of pages filed and the date and 197
time of filing, [and shall forthwith] (2) certify on each such page the 198
number of signers on the page who were enrolled on the last-completed 199
enrollment list of such party in the municipality or political subdivision, 200
as the case may be, [and shall forthwith] on the earliest date such 201
petition was available, as provided in section 9-409, and (3) file such 202
certified page in person or by mail, as described in section 9-140b, with 203
the clerk of the municipality, together with the registrar's certificate as 204
to the whole number of names on the last-completed enrollment list of 205
such party in such municipality or political subdivision, as the case may 206
be, not later than seven days after receipt of the page. If such page 207
involves a municipal office to be voted upon at a state election, such 208
registrar shall also file a certificate, on a form prescribed by the Secretary 209
of the State, that includes the name and full street address of each 210
candidate and the title and district of such office not later than seven 211
days after receipt of such page. In checking signatures on primary 212
petition pages, the registrar shall reject any name [if such name] that 213
does not appear on the last-completed enrollment list in the 214
municipality or political subdivision, as the case may be, on the earliest 215
date such petition was available, as provided in section 9-409. Such 216
rejection shall be indicated by placing a mark in a manner prescribed by 217
the Secretary before the name so rejected. The registrar may place a 218
check mark before each name appearing on the enrollment list to 219 Raised Bill No. 5528
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indicate approval but shall place no other mark on the page except as 220
provided in this chapter. The registrar shall not reject any name for 221
which the street address on the petition is different from the street 222
address on the enrollment list, if [(1)] (A) such person is eligible to vote 223
for the candidate or candidates named in the petition, and [(2)] (B) the 224
person's date of birth, as shown on the petition page, is the same as the 225
date of birth on the person's registration record. The registrar shall reject 226
any page of a petition which does not contain the certifications provided 227
in section 9-410, or which the registrar determines to have been 228
circulated in violation of any other provision of section 9-410. Petitions 229
filed with the municipal clerk shall be preserved for a period of three 230
years and then may be destroyed. 231
Sec. 5. Section 9-406 of the general statutes is repealed and the 232
following is substituted in lieu thereof (Effective from passage): 233
(a) [A] Except as provided in subsection (b) of this section, a 234
candidacy for nomination by a political party to a municipal office or a 235
candidacy for election as a member of a town committee may be filed 236
by or on behalf of any person whose name appears upon the 237
last-completed enrollment list of such party within [the senatorial 238
district within which a person is to be nominated in the case of the 239
municipal office of state senator, or the assembly district within which 240
a person is to be nominated in the case of the municipal office of state 241
representative, or] the municipality or political subdivision within 242
which a person is to be (1) nominated in the case of a [town committee 243
member or for any other] municipal office, or (2) elected in the case of a 244
town committee member. Any such candidacy shall be filed by filing 245
with the registrar within the applicable time specified in section 9-405 a 246
petition signed by [(1)] (A) at least five per cent of the electors whose 247
names appear upon the last-completed enrollment list of such party in 248
such municipality or in such political subdivision, [senatorial district or 249
assembly district, or (2)] or (B) such lesser number of such electors as 250
such party by its rules prescribes, as the case may be. 251
(b) A candidacy for nomination by a political party to the municipal 252 Raised Bill No. 5528
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office of state senator or the municipal office of state representative may 253
be filed by or on behalf of any person whose name appears upon the 254
last-completed enrollment list of such party within the senatorial district 255
within which a person is to be nominated in the case of the municipal 256
office of state senator, or the assembly district within which a person is 257
to be nominated in the case of the municipal office of state 258
representative. Any such candidacy shall be filed by filing with the 259
registrar within the applicable time specified in section 9-405 a petition 260
signed by at least seven per cent of the electors whose names appear 261
upon the last-completed enrollment list of such party in such senatorial 262
district or assembly district, as applicable. 263
(c) For the purpose of computing five per cent of the last-completed 264
enrollment list, the registrar shall use the last printed enrollment list and 265
the printed updated list, if any, of a political party certified and last 266
completed by the registrars of voters prior to the [date the first primary 267
petition was issued] earliest date that primary petitions were available, 268
excluding therefrom the names of individuals who have ceased to be 269
electors and of individuals who have submitted an application for 270
admission as an elector and enrollment in a party after such date. 271
Sec. 6. Subdivision (4) of subsection (d) of section 9-215 of the general 272
statutes is repealed and the following is substituted in lieu thereof 273
(Effective from passage): 274
(4) Nominations by political parties pursuant to this section may be 275
made and certified at any time after the resignation or death of the 276
member or member-elect of the General Assembly and not later than the 277
thirty-sixth day before the day of the election. No such nomination shall 278
be effective until the presiding officer or secretary of any district 279
convention has certified the nomination to the Secretary of the State or, 280
in the case of a vacancy in a senatorial or assembly district composed of 281
a single town or part thereof, until the presiding officer or secretary of 282
the town committee or single town convention has certified the 283
nomination to the Secretary of the State. If a certificate of a party's 284
nomination to fill a vacancy resulting from the resignation or death of a 285 Raised Bill No. 5528
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member or member-elect of the General Assembly is not received by the 286
Secretary of the State on or before the thirty-sixth day prior to the day 287
of the election, such certificate shall be invalid and such party, for the 288
purposes of section 9-224a, shall be deemed to have made no valid 289
certification of nomination [by a political party for] to such senatorial or 290
assembly office. 291
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-417
Sec. 2 from passage 9-404c(a)
Sec. 3 from passage 9-400(a) to (c)
Sec. 4 from passage 9-412
Sec. 5 from passage 9-406
Sec. 6 from passage 9-215(d)(4)
Statement of Purpose:
To (1) provide an additional circumstance under which a no-contest
election of town committee members may occur, (2) specify dates
certain after which new enrollees in a party may not be used in
computing the number of signatures required on nominating petitions,
(3) increase the signature threshold on primary petitions for candidates
for state legislative offices, and (4) make technical and conforming
changes.
[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.]