Connecticut 2023 Regular Session

Connecticut House Bill HB06825 Compare Versions

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Version 2 (New)

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7	5		General Assembly Raised Bill No. 6825
8	6		January Session, 2023
9	7		LCO No. 5150
10	8
11	9
12		-	Referred to Committee on GOVERNMENT
13		-	~~ADMINISTRATION~~ AND ELECTIONS
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
14	12
15	13
16	14		Introduced by:
17	15		(GAE)
	16	+
18	17
19	18
20	19
21	20		AN ACT CONCERNING THE APPEARANCE OF UNFILLED
22	21		VACANCIES IN CANDIDACIES ON THE BALLOT.
23	22		Be it enacted by the Senate and House of Representatives in General
24	23		Assembly convened:
25	24
26	25		Section 1. Section 9-460 of the general statutes is repealed and the 1
27	26		following is substituted in lieu thereof (Effective from passage): 2
28	27		If any party has nominated a candidate for office, or, on and after 3
29	28		November 4, 1981, if a candidate has qualified to appear on any ballot 4
30	29		by nominating petition under a reserved party designation, in 5
31	30		accordance with the provisions of this chapter, and such nominee 6
32	31		thereafter, but prior to forty-six days before the opening of the polls on 7
33	32		the day of the election for which such nomination has been made, dies, 8
34		-	withdraws such nominee's name or for any reason becomes 9
35		-	disqualified to hold the office for which such nominee has been 10
36		-	nominated, (1) such party or, on and after November 4, 1981, the party 11
37		-	designation committee may make a nomination to fill such vacancy or 12
38		-	provide for the making of such nomination as its rules prescribe, and 13
39		-	(2) if another party that is qualified to nominate a candidate for such 14
40		-	office does not have a nominee for such office, such party may also 15 Bill No. 6825
	33	+	withdraws such nominee's name or for any reason becomes disqualified 9
	34	+	to hold the office for which such nominee has been nominated, (1) such 10
	35	+	party or, on and after November 4, 1981, the party designation 11
	36	+	committee may make a nomination to fill such vacancy or provide for 12
	37	+	the making of such nomination as its rules prescribe, and (2) if another 13
	38	+	party that is qualified to nominate a candidate for such office does not 14 Raised Bill No. 6825
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47		-	nominate a candidate for such office as its rules prescribe. No 16
48		-	withdrawal, and no nomination to replace a candidate who has 17
49		-	withdrawn, under this section shall be valid unless the candidate who 18
50		-	has withdrawn has filed a letter of withdrawal signed by such 19
51		-	candidate with the Secretary of the State in the case of a state or district 20
52		-	office or the office of state senator or state representative from any 21
53		-	district, or with the municipal clerk in the case of a municipal office 22
54		-	other than state senator or state representative. A copy of such 23
55		-	candidate's letter of withdrawal to the municipal clerk shall also be 24
56		-	filed with the Secretary of the State. No nomination to fill a vacancy 25
57		-	under this section shall be valid unless it is certified to the Secretary of 26
58		-	the State in the case of a state or district office or the office of state 27
59		-	senator or state representative from any district, or to the municipal 28
60		-	clerk in the case of a municipal office other than state senator or state 29
61		-	representative, by the organization or committee making such 30
62		-	nomination, at least forty-two days before the opening of the polls on 31
63		-	the day of the election, except as otherwise provided by this section. If 32
64		-	a nominee dies within forty-six days, but prior to twenty-four hours, 33
65		-	before the opening of the polls on the day of the election for which 34
66		-	such nomination has been made, the vacancy may be filled in the 35
67		-	manner prescribed in this section by two o'clock p.m. of the day before 36
68		-	the election with the municipal clerk or the Secretary of the State, as 37
69		-	the case may be. If a nominee dies within twenty-four hours before the 38
70		-	opening of the polls and prior to the close of the polls on the day of the 39
71		-	election for which such nomination has been made, such nominee shall 40
72		-	not be replaced and the votes cast for such nominee shall be canvassed 41
73		-	and counted, and if such nominee receives a plurality of the votes cast, 42
74		-	a vacancy shall exist in the office for which the nomination was made. 43
75		-	The vacancy shall then be filled in a manner prescribed by law. A copy 44
76		-	of such certification to the municipal clerk shall also be filed with the 45
77		-	Secretary of the State. Such nomination to fill a vacancy due to death or 46
78		-	disqualification shall include a statement setting forth the reason for 47
79		-	such vacancy. If at the time such nomination is certified to the 48
80		-	Secretary of the State or to the municipal clerk, as the case may be, the 49
81		-	ballots have already been printed, the Secretary of the State shall direct 50 Bill No. 6825
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	43	+
	44	+	have a nominee for such office, such party may also nominate a 15
	45	+	candidate for such office as its rules prescribe. No withdrawal, and no 16
	46	+	nomination to replace a candidate who has withdrawn, under this 17
	47	+	section shall be valid unless the candidate who has withdrawn has filed 18
	48	+	a letter of withdrawal signed by such candidate with the Secretary of the 19
	49	+	State in the case of a state or district office or the office of state senator 20
	50	+	or state representative from any district, or with the municipal clerk in 21
	51	+	the case of a municipal office other than state senator or state 22
	52	+	representative. A copy of such candidate's letter of withdrawal to the 23
	53	+	municipal clerk shall also be filed with the Secretary of the State. No 24
	54	+	nomination to fill a vacancy under this section shall be valid unless it is 25
	55	+	certified to the Secretary of the State in the case of a state or district office 26
	56	+	or the office of state senator or state representative from any district, or 27
	57	+	to the municipal clerk in the case of a municipal office other than state 28
	58	+	senator or state representative, by the organization or committee 29
	59	+	making such nomination, at least forty-two days before the opening of 30
	60	+	the polls on the day of the election, except as otherwise provided by this 31
	61	+	section. If a nominee dies within forty-six days, but prior to twenty-four 32
	62	+	hours before the opening of the polls on the day of the election for which 33
	63	+	such nomination has been made, the vacancy may be filled in the 34
	64	+	manner prescribed in this section by two o'clock p.m. of the day before 35
	65	+	the election with the municipal clerk or the Secretary of the State, as the 36
	66	+	case may be. If a nominee dies within twenty-four hours before the 37
	67	+	opening of the polls and prior to the close of the polls on the day of the 38
	68	+	election for which such nomination has been made, such nominee shall 39
	69	+	not be replaced and the votes cast for such nominee shall be canvassed 40
	70	+	and counted, and if such nominee receives a plurality of the votes cast, 41
	71	+	a vacancy shall exist in the office for which the nomination was made. 42
	72	+	The vacancy shall then be filled in a manner prescribed by law. A copy 43
	73	+	of such certification to the municipal clerk shall also be filed with the 44
	74	+	Secretary of the State. Such nomination to fill a vacancy due to death or 45
	75	+	disqualification shall include a statement setting forth the reason for 46
	76	+	such vacancy. If at the time such nomination is certified to the Secretary 47
	77	+	of the State or to the municipal clerk, as the case may be, the ballots have 48
	78	+	already been printed, the Secretary of the State shall direct the municipal 49 Raised Bill No. 6825
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88		-	the municipal clerk in each municipality affected to (A) have the 51
89		-	ballots reprinted with the nomination thus made included thereon, (B) 52
90		-	cause printed stickers to be affixed to the ballots so that the name of 53
91		-	any candidate who has died [, withdrawn or been disqualified] is 54
92		-	deleted and the name of any candidate chosen to fill such vacancy 55
93		-	appears in the same position as that in which the vacated candidacy 56
94		-	appeared, or (C) cause [blank stickers to be so affixed] to be obscured 57
95		-	the name of the candidate whose candidacy has been vacated if the 58
96		-	vacancy is not filled. 59
97		-	Sec. 2. Subsection (a) of section 9-437 of the general statutes is 60
98		-	repealed and the following is substituted in lieu thereof (Effective from 61
99		-	passage): 62
100		-	(a) At the top of each ballot shall be printed the name of the party 63
101		-	holding the primary, and each ballot shall contain the names of all 64
102		-	candidates to be voted upon at such primary, except the names of 65
103		-	justices of the peace. The vertical columns shall be headed by the 66
104		-	designation of the office or position and instructions as to the number 67
105		-	for which an elector may vote for such office or position, in the same 68
106		-	manner as a ballot used in a regular election. The name of each 69
107		-	candidate for town committee or municipal office, except for the 70
108		-	municipal offices of state senator and state representative, shall appear 71
109		-	on the ballot as authorized by each candidate. The name of each 72
110		-	candidate for state or district office or for the municipal offices of state 73
111		-	senator or state representative shall appear on the ballot as it appears 74
112		-	on the certificate or statement of consent filed under section 9-388, 9-75
113		-	391, 9-400 or 9-409. On the first horizontal line, below the designation 76
114		-	of the office or position in each column, shall be placed the name of the 77
115		-	party-endorsed candidate for such office or position, such name to be 78
116		-	marked with an asterisk; provided, where more than one person may 79
117		-	be voted for for any office or position, the names of the party-endorsed 80
118		-	candidates shall be arranged in alphabetical order from left to right 81
119		-	under the appropriate office or position designation and shall 82
120		-	continue, if necessary, from left to right on the next lower line or lines. 83 Bill No. 6825
	82	+	LCO No. 5150 3 of 5
	83	+
	84	+	clerk in each municipality affected to (A) have the ballots reprinted with 50
	85	+	the nomination thus made included thereon, (B) cause printed stickers 51
	86	+	to be affixed to the ballots so that the name of any candidate who has 52
	87	+	died [, withdrawn or been disqualified] is deleted and the name of any 53
	88	+	candidate chosen to fill such vacancy appears in the same position as 54
	89	+	that in which the vacated candidacy appeared, or (C) cause [blank 55
	90	+	stickers to be so affixed] to be obscured the name of the candidate whose 56
	91	+	candidacy has been vacated if the vacancy is not filled. 57
	92	+	Sec. 2. Subsection (a) of section 9-437 of the general statutes is 58
	93	+	repealed and the following is substituted in lieu thereof (Effective from 59
	94	+	passage): 60
	95	+	(a) At the top of each ballot shall be printed the name of the party 61
	96	+	holding the primary, and each ballot shall contain the names of all 62
	97	+	candidates to be voted upon at such primary, except the names of 63
	98	+	justices of the peace. The vertical columns shall be headed by the 64
	99	+	designation of the office or position and instructions as to the number 65
	100	+	for which an elector may vote for such office or position, in the same 66
	101	+	manner as a ballot used in a regular election. The name of each 67
	102	+	candidate for town committee or municipal office, except for the 68
	103	+	municipal offices of state senator and state representative, shall appear 69
	104	+	on the ballot as authorized by each candidate. The name of each 70
	105	+	candidate for state or district office or for the municipal offices of state 71
	106	+	senator or state representative shall appear on the ballot as it appears on 72
	107	+	the certificate or statement of consent filed under section 9-388, 9-391, 9-73
	108	+	400 or 9-409. On the first horizontal line, below the designation of the 74
	109	+	office or position in each column, shall be placed the name of the party-75
	110	+	endorsed candidate for such office or position, such name to be marked 76
	111	+	with an asterisk; provided, where more than one person may be voted 77
	112	+	for for any office or position, the names of the party-endorsed 78
	113	+	candidates shall be arranged in alphabetical order from left to right 79
	114	+	under the appropriate office or position designation and shall continue, 80
	115	+	if necessary, from left to right on the next lower line or lines. In the case 81
	116	+	of no party endorsement there shall be inserted the designation "no 82
	117	+	party endorsement" at the head of the vertical column, immediately 83 Raised Bill No. 6825
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127		-	In the case of no party endorsement there shall be inserted the 84
128		-	designation "no party endorsement" at the head of the vertical column, 85
129		-	immediately beneath the designation of the office or position. On the 86
130		-	horizontal lines below the line for party-endorsed candidates shall be 87
131		-	placed, in the appropriate columns, the names of all other candidates 88
132		-	as [hereinafter] provided in this section. 89
133		-	Sec. 3. Subsection (g) of section 9-437 of the general statutes is 90
134		-	repealed and the following is substituted in lieu thereof (Effective from 91
135		-	passage): 92
136		-	(g) The name of each candidate shall appear on the ballot in such 93
137		-	position as is [hereinbefore] required in this section, and such position 94
138		-	shall be determined as of the final time for filing candidacies specified 95
139		-	in section 9-400 or 9-405. Vacancies in candidacies thereafter occurring 96
140		-	shall not cause the position of any candidate's name on the ballot to be 97
141		-	changed to another position. The name of any candidate whose 98
142		-	candidacy has been vacated shall not appear on the ballot. If such a 99
143		-	vacancy results in the cancellation of a primary for any office, the office 100
144		-	column or columns where the names of the candidates and the title of 101
145		-	the office would have appeared if the primary for that office had not 102
146		-	been cancelled shall be left blank. If a vacancy occurs in a party-103
147		-	endorsed candidacy and a person is chosen in accordance with section 104
148		-	9-426 or 9-428 to fill the resulting vacancy in candidacy, the name of 105
149		-	the person so chosen shall appear in the same position as that in which 106
150		-	the name of the vacating candidate appeared. The municipal clerk 107
151		-	shall have the ballot prepared so that the name of any candidate who 108
152		-	has vacated such candidate's candidacy is deleted and so that the name 109
153		-	of any candidate chosen to fill a vacancy in candidacy appears in the 110
154		-	same position as that in which the vacated candidacy appeared. The 111
155		-	municipal clerk may use [blank or] printed stickers [, as the case may 112
156		-	be,] in preparing the ballots if the ballots were printed before [the 113
157		-	occurrence of the vacancy in candidacy or] the selection of a candidate 114
158		-	to fill a vacancy in candidacy. The municipal clerk shall cause to be 115
159		-	obscured the name of the candidate whose candidacy has been vacated 116 Bill No. 6825
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	122	+
	123	+	beneath the designation of the office or position. On the horizontal lines 84
	124	+	below the line for party-endorsed candidates shall be placed, in the 85
	125	+	appropriate columns, the names of all other candidates as [hereinafter] 86
	126	+	provided in this section. 87
	127	+	Sec. 3. Subsection (g) of section 9-437 of the general statutes is 88
	128	+	repealed and the following is substituted in lieu thereof (Effective from 89
	129	+	passage): 90
	130	+	(g) The name of each candidate shall appear on the ballot in such 91
	131	+	position as is [hereinbefore] required in this section, and such position 92
	132	+	shall be determined as of the final time for filing candidacies specified 93
	133	+	in section 9-400 or 9-405. Vacancies in candidacies thereafter occurring 94
	134	+	shall not cause the position of any candidate's name on the ballot to be 95
	135	+	changed to another position. The name of any candidate whose 96
	136	+	candidacy has been vacated shall not appear on the ballot. If such a 97
	137	+	vacancy results in the cancellation of a primary for any office, the office 98
	138	+	column or columns where the names of the candidates and the title of 99
	139	+	the office would have appeared if the primary for that office had not 100
	140	+	been cancelled shall be left blank. If a vacancy occurs in a party-101
	141	+	endorsed candidacy and a person is chosen in accordance with section 102
	142	+	9-426 or 9-428 to fill the resulting vacancy in candidacy, the name of the 103
	143	+	person so chosen shall appear in the same position as that in which the 104
	144	+	name of the vacating candidate appeared. The municipal clerk shall 105
	145	+	have the ballot prepared so that the name of any candidate who has 106
	146	+	vacated such candidate's candidacy is deleted and so that the name of 107
	147	+	any candidate chosen to fill a vacancy in candidacy appears in the same 108
	148	+	position as that in which the vacated candidacy appeared. The 109
	149	+	municipal clerk may use [blank or] printed stickers [, as the case may 110
	150	+	be,] in preparing the ballots if the ballots were printed before [the 111
	151	+	occurrence of the vacancy in candidacy or] the selection of a candidate 112
	152	+	to fill a vacancy in candidacy. The municipal clerk shall cause to be 113
	153	+	obscured the name of the candidate whose candidacy has been vacated 114
	154	+	if the vacancy is not filled. The order of the offices and positions shall be 115
	155	+	as prescribed by the Secretary of the State. 116 Raised Bill No. 6825
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166		-	~~if the vacancy is not filled~~. ~~The order~~ of ~~the offices and positions shall 117~~
167		-	~~be as prescribed by the Secretary of the State. 118~~
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	160	+
168	161		This act shall take effect as follows and shall amend the following
169	162		sections:
170	163
171	164		Section 1 from passage 9-460
172	165		Sec. 2 from passage 9-437(a)
173	166		Sec. 3 from passage 9-437(g)
174	167
175		-	GAE Joint Favorable
	168	+	Statement of Purpose:
	169	+	To require municipal clerks to, when a vacancy in candidacy is unfilled,
	170	+	obscure the name of the vacated candidate on the ballot.
	171	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	172	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	173	+	underlined.]
176	174