Connecticut 2020 Regular Session

Connecticut House Bill HB05528 Compare Versions

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

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4	4	LCO No. 3088 1 of 10
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6	6	General Assembly Raised Bill No. 5528
7	7	February Session, 2020
8	8	LCO No. 3088
9	9
10	10
11	11	Referred to Committee on GOVERNMENT ADMINISTRATION
12	12	AND ELECTIONS
13	13
14	14
15	15	Introduced by:
16	16	(GAE)
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21	21	AN ACT CONCERNING RE VISIONS TO ELECTION LAWS.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 9-417 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective from passage): 2
27	27	(a) [If] Except as provided in subsection (b) of this section, if within 3
28	28	the time specified in section 9-405, no candidacy for nomination by a 4
29	29	political party to a municipal office has been filed by or on behalf of a 5
30	30	person other than a party-endorsed candidate or, in the case of election 6
31	31	as member of the town committee of such party, by persons other than 7
32	32	party-endorsed candidates numbering at least twenty-five per cent of 8
33	33	the number of town committee members to be elected by such party 9
34	34	either in the municipality or in the political subdivision, as the case may 10
35	35	be, in conformity with the provisions of sections 9-405 to 9-412, 11
36	36	inclusive, as amended by this act, 9-413a and 9-414, no primary shall be 12
37	37	held by such party for such office or for town committee members, as 13
38	38	the case may be, and the party-endorsed candidate or candidates for 14
39	39	such office shall be deemed to have been lawfully chosen as the nominee 15 Raised Bill No. 5528
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41	41
42	42
43	43	LCO No. 3088 2 of 10
44	44
45	45	or nominees of such party to such office, or, as the case may be, and the 16
46	46	party-endorsed candidates for election as members of the town 17
47	47	committee shall be deemed to have been lawfully elected to such 18
48	48	positions at the times specified in section 9-392. 19
49	49	(b) In the case of any municipality having a population of one 20
50	50	hundred thousand or more and in which a party by its rules provides, 21
51	51	pursuant to subsection (g) of section 9-390, that the town committee 22
52	52	members of such party be chosen at direct primaries, if, by four o'clock 23
53	53	p.m. on the forty-first day preceding the day of the primary of such 24
54	54	party, the number of persons who have requested petition forms for 25
55	55	candidacies for election as members of such town committee and filed a 26
56	56	signed statement consenting to be a candidate for such position, in 27
57	57	accordance with subsection (c) of section 9-409, is equal to or less than 28
58	58	the number of town committee members to be elected by such party, but 29
59	59	at least twenty-five per cent of such number, in accordance with section 30
60	60	9-411, then (1) the requirements regarding such persons' filing of 31
61	61	candidacies for election under section 9-405, and signed petitions under 32
62	62	section 9-406, as amended by this act, shall not apply, (2) the 33
63	63	requirements regarding the registrar's receipt of petition pages and 34
64	64	certification of signatures on such pages under section 9-412, as 35
65	65	amended by this act, shall not apply, and (3) no primary shall be held 36
66	66	by such party for town committee members and such persons shall be 37
67	67	deemed to have lawfully been elected to such positions at the times 38
68	68	specified in section 9-392. 39
69	69	Sec. 2. Subsection (a) of section 9-404c of the general statutes is 40
70	70	repealed and the following is substituted in lieu thereof (Effective from 41
71	71	passage): 42
72	72	(a) Upon the receipt of any page of a petition proposing a candidacy 43
73	73	for a state or district office, the registrar shall forthwith sign and give to 44
74	74	the person submitting the petition a receipt, in duplicate, stating the 45
75	75	number of pages filed and the date and time of filing. The person or the 46
76	76	candidate shall forthwith send one copy of the receipt to the Secretary 47
77	77	of the State. The registrar of voters shall forthwith (1) indicate on each 48 Raised Bill No. 5528
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81	81	LCO No. 3088 3 of 10
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83	83	such petition page the date and time of filing, [shall forthwith] (2) certify 49
84	84	on each such page the number of signers of the page who were enrolled 50
85	85	on the last-completed enrollment list of such party in the municipality 51
86	86	or political subdivision, as the case may be, [and shall forthwith] on the 52
87	87	earliest date such petition was available, as provided in section 9-404a, 53
88	88	and (3) file such certified page in person or by mail, as described in 54
89	89	section 9-140b, with the Secretary [within] not later than seven days after 55
90	90	receipt of the page. In checking the signatures on primary petition 56
91	91	pages, the registrar shall reject any name [which] that does not appear 57
92	92	on the last-completed enrollment list of such party in the municipality 58
93	93	or political subdivision, as the case may be, on the earliest date such 59
94	94	petition was available, as provided in section 9-404a. Such rejection shall 60
95	95	be indicated by placing a mark in a manner prescribed by the Secretary 61
96	96	before the name rejected. The registrar may place a check mark before 62
97	97	each name appearing on the enrollment list to indicate approval but 63
98	98	shall place no other mark on the page except as provided in this chapter. 64
99	99	The registrar shall not reject any name for which the street address on 65
100	100	the petition is different from the street address on the enrollment list, if 66
101	101	[(1)] (A) such person is eligible to vote for the candidate or candidates 67
102	102	named in the petition in the municipality of the registrar, and [(2)] (B) 68
103	103	the person's date of birth, as shown on the petition page, is the same as 69
104	104	the date of birth on the person's registration record. 70
105	105	Sec. 3. Subsections (a) to (c), inclusive, of section 9-400 of the general 71
106	106	statutes are repealed and the following is substituted in lieu thereof 72
107	107	(Effective from passage): 73
108	108	(a) A candidacy for nomination by a political party to a state office 74
109	109	may be filed by or on behalf of any person whose name appears upon 75
110	110	the last-completed enrollment list of such party in any municipality 76
111	111	within the state and who has either (1) received at least fifteen per cent 77
112	112	of the votes of the convention delegates present and voting on any roll-78
113	113	call vote taken on the endorsement or proposed endorsement of a 79
114	114	candidate for such state office, whether or not the party-endorsed 80
115	115	candidate for such office received a unanimous vote on the last ballot, 81
116	116	or (2) circulated a petition and obtained the signatures of at least two 82 Raised Bill No. 5528
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118	118
119	119
120	120	LCO No. 3088 4 of 10
121	121
122	122	per cent of the enrolled members of such party in the state, in accordance 83
123	123	with the provisions of sections 9-404a to 9-404c, inclusive. Candidacies 84
124	124	described in subdivision (1) of this subsection shall be filed by 85
125	125	submitting to the Secretary of the State not later than four o'clock p.m. 86
126	126	on the fourteenth day following the close of the state convention, a 87
127	127	certificate, signed by such candidate and attested by either (A) the 88
128	128	chairman or presiding officer, or (B) the secretary of the convention, that 89
129	129	such candidate received at least fifteen per cent of such votes, and that 90
130	130	such candidate consents to be a candidate in a primary of such party for 91
131	131	such state office. Such certificate shall specify the candidate's name as 92
132	132	the candidate authorizes it to appear on the ballot, the candidate's full 93
133	133	residence address and the title of the office for which the candidacy is 94
134	134	being filed. If such certificate for a state office is not received by the 95
135	135	Secretary of the State by such time, such certificate shall be invalid and 96
136	136	such party, for the purposes of sections 9-416 and 9-416a, shall be 97
137	137	deemed to have made no valid certification of candidacy for nomination 98
138	138	[by a political party for] to such state office. A single such certificate or 99
139	139	petition for state office may be filed on behalf of two or more candidates 100
140	140	for different state offices who consent to have their names appear on a 101
141	141	single row of the primary ballot under subsection (b) of section 9-437. 102
142	142	Candidacies described in subdivision (2) of this subsection shall be filed 103
143	143	by submitting said petition not later than four o'clock p.m. on the sixty-104
144	144	third day preceding the day of the primary for such office to the registrar 105
145	145	of voters of the towns in which the respective petition pages were 106
146	146	circulated. Each registrar shall file each page of such petition with the 107
147	147	Secretary of the State in accordance with the provisions of section 9-404c. 108
148	148	A petition filed by or on behalf of a candidate for state office shall be 109
149	149	invalid for such candidate if such candidate is certified as the party-110
150	150	endorsed candidate pursuant to section 9-388 or as receiving at least 111
151	151	fifteen per cent of the convention vote for such office pursuant to this 112
152	152	subsection. Except as provided in section 9-416a, upon the expiration of 113
153	153	the time period for party endorsement and circulation and tabulation of 114
154	154	petitions and signatures, if any, if one or more candidacies for such state 115
155	155	office have been filed pursuant to the provisions of this section, the 116
156	156	Secretary of the State shall notify all town clerks and registrars of voters 117 Raised Bill No. 5528
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158	158
159	159
160	160	LCO No. 3088 5 of 10
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162	162	in accordance with the provisions of section 9-433, that a primary for 118
163	163	such state office shall be held in each municipality in accordance with 119
164	164	the provisions of section 9-415. 120
165	165	(b) A candidacy for nomination by a political party to a district office 121
166	166	may be filed by or on behalf of any person whose name appears upon 122
167	167	the last-completed enrollment list of such party within the district the 123
168	168	person seeks to represent that is in the office of the Secretary of the State 124
169	169	at the end of the last day prior to the convention for the party from 125
170	170	which the person seeks nomination and who has either (1) received at 126
171	171	least fifteen per cent of the votes of the convention delegates present and 127
172	172	voting on any roll-call vote taken on the endorsement or proposed 128
173	173	endorsement of a candidate for such district office, whether or not the 129
174	174	party-endorsed candidate for such office received a unanimous vote on 130
175	175	the last ballot, or (2) circulated a petition and obtained the signatures of 131
176	176	at least two per cent of the enrolled members of such party in the district 132
177	177	for the district office of representative in Congress, [and] at least five per 133
178	178	cent of the enrolled members of such party in the district for the district 134
179	179	[offices of state senator, state representative and] office of judge of 135
180	180	probate and at least seven per cent of the enrolled members of such 136
181	181	party in the district for the district offices of state senator and state 137
182	182	representative, in accordance with the provisions of sections 9-404a to 138
183	183	9-404c, inclusive. Candidacies described in subdivision (1) of this 139
184	184	subsection shall be filed by submitting to the Secretary of the State not 140
185	185	later than four o'clock p.m. on the fourteenth day following the close of 141
186	186	the district convention, a certificate, signed by such candidate and 142
187	187	attested by either (A) the chairman or presiding officer, or (B) the 143
188	188	secretary of the convention, that such candidate received at least fifteen 144
189	189	per cent of such votes, and that the candidate consents to be a candidate 145
190	190	in a primary of such party for such district office. Such certificate shall 146
191	191	specify the candidate's name as the candidate authorizes it to appear on 147
192	192	the ballot, the candidate's full residence address and the title and district 148
193	193	of the office for which the candidacy is being filed. If such certificate for 149
194	194	a district office is not received by the Secretary of the State by such time, 150
195	195	such certificate shall be invalid and such party, for the purposes of 151 Raised Bill No. 5528
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199	199	LCO No. 3088 6 of 10
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201	201	sections 9-416 and 9-416a, shall be deemed to have made no valid 152
202	202	certification of candidacy for nomination [by a political party for] to 153
203	203	such district office. Candidacies described in subdivision (2) of this 154
204	204	subsection shall be filed by submitting said petition not later than four 155
205	205	o'clock p.m. on the sixty-third day preceding the day of the primary for 156
206	206	such office to the registrar of voters of the towns in which the respective 157
207	207	petition pages were circulated. Each registrar shall file each page of such 158
208	208	petition with the Secretary in accordance with the provisions of section 159
209	209	9-404c. A petition may only be filed by or on behalf of a candidate for 160
210	210	the district office of state senator, state representative or judge of probate 161
211	211	who is not certified as the party-endorsed candidate pursuant to section 162
212	212	9-388 or as receiving at least fifteen per cent of the convention vote for 163
213	213	such office pursuant to this subsection. A petition filed by or on behalf 164
214	214	of a candidate for the district office of representative in Congress shall 165
215	215	be invalid if said candidate is certified as the party-endorsed candidate 166
216	216	pursuant to section 9-388 or as receiving at least fifteen per cent of the 167
217	217	convention vote for such office pursuant to this subsection. Except as 168
218	218	provided in section 9-416a, upon the expiration of the time period for 169
219	219	party endorsement and circulation and tabulation of petitions and 170
220	220	signatures, if any, if one or more candidacies for such district office have 171
221	221	been filed pursuant to the provisions of this section, the Secretary of the 172
222	222	State shall notify all town clerks within the district, in accordance with 173
223	223	the provisions of section 9-433, that a primary for such district office 174
224	224	shall be held in each municipality and each part of a municipality within 175
225	225	the district in accordance with the provisions of section 9-415. 176
226	226	(c) For the purposes of any candidacy described in subdivision (2) of 177
227	227	subsection (a), or subdivision (2) of subsection (b), of this section, the 178
228	228	number of enrolled members of a party shall be determined by the latest 179
229	229	enrollment records in the office of the Secretary of the State prior to the 180
230	230	earliest date that primary petitions were available, and the name of any 181
231	231	person who submits an application for admission as an elector and 182
232	232	enrollment in a party after such date and that appears on any petition 183
233	233	page filed with the Secretary by a registrar pursuant to this section shall 184
234	234	not be included in such determination of the number of enrolled 185 Raised Bill No. 5528
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237	237
238	238	LCO No. 3088 7 of 10
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240	240	members of such party and shall not be counted for the purpose of 186
241	241	computing the number of petition signatures required under this 187
242	242	section. The names of electors on the inactive registry list compiled 188
243	243	under section 9-35 shall not be counted for purposes of computing the 189
244	244	number of petition signatures required under this section, as provided 190
245	245	in section 9-35c. 191
246	246	Sec. 4. Section 9-412 of the general statutes is repealed and the 192
247	247	following is substituted in lieu thereof (Effective from passage): 193
248	248	Upon the receipt of any page of a petition proposing a candidacy for 194
249	249	a municipal office or for member of a town committee, the registrar shall 195
250	250	forthwith (1) sign and give to the person submitting the petition a 196
251	251	receipt in duplicate, stating the number of pages filed and the date and 197
252	252	time of filing, [and shall forthwith] (2) certify on each such page the 198
253	253	number of signers on the page who were enrolled on the last-completed 199
254	254	enrollment list of such party in the municipality or political subdivision, 200
255	255	as the case may be, [and shall forthwith] on the earliest date such 201
256	256	petition was available, as provided in section 9-409, and (3) file such 202
257	257	certified page in person or by mail, as described in section 9-140b, with 203
258	258	the clerk of the municipality, together with the registrar's certificate as 204
259	259	to the whole number of names on the last-completed enrollment list of 205
260	260	such party in such municipality or political subdivision, as the case may 206
261	261	be, not later than seven days after receipt of the page. If such page 207
262	262	involves a municipal office to be voted upon at a state election, such 208
263	263	registrar shall also file a certificate, on a form prescribed by the Secretary 209
264	264	of the State, that includes the name and full street address of each 210
265	265	candidate and the title and district of such office not later than seven 211
266	266	days after receipt of such page. In checking signatures on primary 212
267	267	petition pages, the registrar shall reject any name [if such name] that 213
268	268	does not appear on the last-completed enrollment list in the 214
269	269	municipality or political subdivision, as the case may be, on the earliest 215
270	270	date such petition was available, as provided in section 9-409. Such 216
271	271	rejection shall be indicated by placing a mark in a manner prescribed by 217
272	272	the Secretary before the name so rejected. The registrar may place a 218
273	273	check mark before each name appearing on the enrollment list to 219 Raised Bill No. 5528
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277	277	LCO No. 3088 8 of 10
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279	279	indicate approval but shall place no other mark on the page except as 220
280	280	provided in this chapter. The registrar shall not reject any name for 221
281	281	which the street address on the petition is different from the street 222
282	282	address on the enrollment list, if [(1)] (A) such person is eligible to vote 223
283	283	for the candidate or candidates named in the petition, and [(2)] (B) the 224
284	284	person's date of birth, as shown on the petition page, is the same as the 225
285	285	date of birth on the person's registration record. The registrar shall reject 226
286	286	any page of a petition which does not contain the certifications provided 227
287	287	in section 9-410, or which the registrar determines to have been 228
288	288	circulated in violation of any other provision of section 9-410. Petitions 229
289	289	filed with the municipal clerk shall be preserved for a period of three 230
290	290	years and then may be destroyed. 231
291	291	Sec. 5. Section 9-406 of the general statutes is repealed and the 232
292	292	following is substituted in lieu thereof (Effective from passage): 233
293	293	(a) [A] Except as provided in subsection (b) of this section, a 234
294	294	candidacy for nomination by a political party to a municipal office or a 235
295	295	candidacy for election as a member of a town committee may be filed 236
296	296	by or on behalf of any person whose name appears upon the 237
297	297	last-completed enrollment list of such party within [the senatorial 238
298	298	district within which a person is to be nominated in the case of the 239
299	299	municipal office of state senator, or the assembly district within which 240
300	300	a person is to be nominated in the case of the municipal office of state 241
301	301	representative, or] the municipality or political subdivision within 242
302	302	which a person is to be (1) nominated in the case of a [town committee 243
303	303	member or for any other] municipal office, or (2) elected in the case of a 244
304	304	town committee member. Any such candidacy shall be filed by filing 245
305	305	with the registrar within the applicable time specified in section 9-405 a 246
306	306	petition signed by [(1)] (A) at least five per cent of the electors whose 247
307	307	names appear upon the last-completed enrollment list of such party in 248
308	308	such municipality or in such political subdivision, [senatorial district or 249
309	309	assembly district, or (2)] or (B) such lesser number of such electors as 250
310	310	such party by its rules prescribes, as the case may be. 251
311	311	(b) A candidacy for nomination by a political party to the municipal 252 Raised Bill No. 5528
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315	315	LCO No. 3088 9 of 10
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317	317	office of state senator or the municipal office of state representative may 253
318	318	be filed by or on behalf of any person whose name appears upon the 254
319	319	last-completed enrollment list of such party within the senatorial district 255
320	320	within which a person is to be nominated in the case of the municipal 256
321	321	office of state senator, or the assembly district within which a person is 257
322	322	to be nominated in the case of the municipal office of state 258
323	323	representative. Any such candidacy shall be filed by filing with the 259
324	324	registrar within the applicable time specified in section 9-405 a petition 260
325	325	signed by at least seven per cent of the electors whose names appear 261
326	326	upon the last-completed enrollment list of such party in such senatorial 262
327	327	district or assembly district, as applicable. 263
328	328	(c) For the purpose of computing five per cent of the last-completed 264
329	329	enrollment list, the registrar shall use the last printed enrollment list and 265
330	330	the printed updated list, if any, of a political party certified and last 266
331	331	completed by the registrars of voters prior to the [date the first primary 267
332	332	petition was issued] earliest date that primary petitions were available, 268
333	333	excluding therefrom the names of individuals who have ceased to be 269
334	334	electors and of individuals who have submitted an application for 270
335	335	admission as an elector and enrollment in a party after such date. 271
336	336	Sec. 6. Subdivision (4) of subsection (d) of section 9-215 of the general 272
337	337	statutes is repealed and the following is substituted in lieu thereof 273
338	338	(Effective from passage): 274
339	339	(4) Nominations by political parties pursuant to this section may be 275
340	340	made and certified at any time after the resignation or death of the 276
341	341	member or member-elect of the General Assembly and not later than the 277
342	342	thirty-sixth day before the day of the election. No such nomination shall 278
343	343	be effective until the presiding officer or secretary of any district 279
344	344	convention has certified the nomination to the Secretary of the State or, 280
345	345	in the case of a vacancy in a senatorial or assembly district composed of 281
346	346	a single town or part thereof, until the presiding officer or secretary of 282
347	347	the town committee or single town convention has certified the 283
348	348	nomination to the Secretary of the State. If a certificate of a party's 284
349	349	nomination to fill a vacancy resulting from the resignation or death of a 285 Raised Bill No. 5528
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353	353	LCO No. 3088 10 of 10
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355	355	member or member-elect of the General Assembly is not received by the 286
356	356	Secretary of the State on or before the thirty-sixth day prior to the day 287
357	357	of the election, such certificate shall be invalid and such party, for the 288
358	358	purposes of section 9-224a, shall be deemed to have made no valid 289
359	359	certification of nomination [by a political party for] to such senatorial or 290
360	360	assembly office. 291
361	361	This act shall take effect as follows and shall amend the following
362	362	sections:
363	363
364	364	Section 1 from passage 9-417
365	365	Sec. 2 from passage 9-404c(a)
366	366	Sec. 3 from passage 9-400(a) to (c)
367	367	Sec. 4 from passage 9-412
368	368	Sec. 5 from passage 9-406
369	369	Sec. 6 from passage 9-215(d)(4)
370	370
371	371	Statement of Purpose:
372	372	To (1) provide an additional circumstance under which a no-contest
373	373	election of town committee members may occur, (2) specify dates
374	374	certain after which new enrollees in a party may not be used in
375	375	computing the number of signatures required on nominating petitions,
376	376	(3) increase the signature threshold on primary petitions for candidates
377	377	for state legislative offices, and (4) make technical and conforming
378	378	changes.
379	379	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
380	380	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
381	381	underlined.]
382	382