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 Section 9-460 of the general statutes is repealed and the 1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withdrawn, under this section shall be valid unless the candidate who 18
has withdrawn has filed a letter of withdrawal signed by such 19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