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| 3 | 3 | | LCO No. 5151 1 of 9 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 1156 |
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| 6 | 6 | | January Session, 2023 |
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| 7 | 7 | | LCO No. 5151 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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| 11 | 11 | | AND ELECTIONS |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | Introduced by: |
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| 15 | 15 | | (GAE) |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING CIRCULATORS OF NOMINATING AND |
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| 21 | 21 | | PRIMARY PETITIONS. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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| 23 | 23 | | Assembly convened: |
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| 24 | 24 | | |
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| 25 | 25 | | Section 1. Section 9-453e of the general statutes is repealed and the 1 |
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| 26 | 26 | | following is substituted in lieu thereof (Effective from passage): 2 |
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| 27 | 27 | | Each circulator of a nominating petition page shall be a United States 3 |
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| 28 | 28 | | citizen [,] and at least eighteen years of age, [and a resident of a town in 4 |
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| 29 | 29 | | this state] and shall not be on parole for conviction of a felony. Any 5 |
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| 30 | 30 | | individual proposed as a candidate in any nominating petition may 6 |
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| 31 | 31 | | serve as circulator of the pages of such nominating petition. 7 |
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| 32 | 32 | | Sec. 2. Section 9-453j of the general statutes is repealed and the 8 |
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| 33 | 33 | | following is substituted in lieu thereof (Effective from passage): 9 |
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| 34 | 34 | | Each page of a nominating petition submitted to the town clerk or 10 |
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| 35 | 35 | | [the] Secretary of the State and filed with the Secretary of the State under 11 |
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| 36 | 36 | | the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 12 |
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| 37 | 37 | | shall contain a statement as to the residency [in this state] and eligibility 13 Raised Bill No. 1156 |
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| 38 | 38 | | |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LCO No. 5151 2 of 9 |
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| 42 | 42 | | |
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| 43 | 43 | | of the circulator and as to the authenticity of the signatures thereon, 14 |
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| 44 | 44 | | signed under [penalties] penalty of false statement, by the person who 15 |
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| 45 | 45 | | circulated the same. Such statement shall set forth (1) [such] the 16 |
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| 46 | 46 | | circulator's residence address, including the town [in this state] in which 17 |
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| 47 | 47 | | [such] the circulator is a resident, (2) if the circulator is not a resident in 18 |
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| 48 | 48 | | this state, that the circulator agrees to submit to the jurisdiction of the 19 |
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| 49 | 49 | | state in any case or controversy arising out of or related to the circulation 20 |
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| 50 | 50 | | of a petition pursuant to this subpart, (3) the circulator's date of birth 21 |
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| 51 | 51 | | and that the circulator is at least eighteen years of age, [(3)] (4) that the 22 |
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| 52 | 52 | | circulator is a United States citizen and not on parole for conviction of a 23 |
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| 53 | 53 | | felony, and [(4)] (5) that each person whose name appears on such page 24 |
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| 54 | 54 | | signed the same in person in the presence of [such] the circulator and 25 |
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| 55 | 55 | | that either the circulator knows each such signer or that the signer 26 |
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| 56 | 56 | | satisfactorily identified [himself] such signer to the circulator. Any false 27 |
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| 57 | 57 | | statement committed with respect to such statement shall be deemed to 28 |
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| 58 | 58 | | have been committed in the town in which the petition was circulated. 29 |
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| 59 | 59 | | Sec. 3. Subsections (a) and (b), inclusive, of section 9-453k of the 30 |
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| 60 | 60 | | general statutes are repealed and the following is substituted in lieu 31 |
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| 61 | 61 | | thereof (Effective from passage): 32 |
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| 62 | 62 | | (a) The town clerk or Secretary of the State shall not accept any page 33 |
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| 63 | 63 | | of a nominating petition unless the circulator thereof has signed before 34 |
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| 64 | 64 | | [him] the clerk or Secretary, or an appropriate person as provided in 35 |
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| 65 | 65 | | section 1-29, the statement as to the residency [in this state] and 36 |
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| 66 | 66 | | eligibility of the circulator and as to the authenticity of the signatures 37 |
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| 67 | 67 | | thereon required by section 9-453j, as amended by this act. 38 |
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| 68 | 68 | | (b) The town clerk or Secretary of the State, or an appropriate person 39 |
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| 69 | 69 | | as provided in section 1-29, shall certify on each such page that the 40 |
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| 70 | 70 | | circulator thereof signed such statement in [his] the presence of the 41 |
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| 71 | 71 | | clerk, Secretary or appropriate person, as applicable, and that either [he] 42 |
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| 72 | 72 | | the clerk, Secretary or appropriate person, as applicable, knows the 43 |
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| 73 | 73 | | circulator or that the circulator satisfactorily identified [himself] such 44 |
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| 74 | 74 | | circulator to the individual certifying. 45 Raised Bill No. 1156 |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | |
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| 78 | 78 | | LCO No. 5151 3 of 9 |
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| 79 | 79 | | |
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| 80 | 80 | | Sec. 4. Section 9-453o of the general statutes is repealed and the 46 |
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| 81 | 81 | | following is substituted in lieu thereof (Effective from passage): 47 |
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| 82 | 82 | | (a) The Secretary of the State may not count, for purposes of 48 |
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| 83 | 83 | | determining compliance with the number of signatures required by 49 |
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| 84 | 84 | | section 9-453d, the signatures certified by the town clerk on any petition 50 |
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| 85 | 85 | | page filed under sections 9-453a to 9-453s, inclusive, or 9-216 if: (1) The 51 |
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| 86 | 86 | | name of the candidate, [his] such candidate's address or the party 52 |
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| 87 | 87 | | designation, if any, has been omitted from the face of the petition; (2) the 53 |
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| 88 | 88 | | page does not contain a statement by the circulator as to the residency 54 |
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| 89 | 89 | | [in this state] and eligibility of the circulator and as to the authenticity 55 |
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| 90 | 90 | | of the signatures thereon as required by section 9-453j, as amended by 56 |
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| 91 | 91 | | this act, or upon which such statement of the circulator is incomplete in 57 |
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| 92 | 92 | | any respect; or (3) the page does not contain the certifications required 58 |
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| 93 | 93 | | by sections 9-453a to 9-453s, inclusive, by the town clerk of the town in 59 |
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| 94 | 94 | | which the signers reside. The town clerk shall cure any omission on [his] 60 |
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| 95 | 95 | | the clerk's part by signing any such page at the office of the Secretary of 61 |
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| 96 | 96 | | the State and making the necessary amendment or by filing a separate 62 |
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| 97 | 97 | | statement in this regard, which amendment shall be dated. 63 |
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| 98 | 98 | | (b) Except as otherwise provided in this subsection, the Secretary of 64 |
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| 99 | 99 | | the State shall approve [every] each nominating petition which contains 65 |
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| 100 | 100 | | sufficient signatures counted and certified on approved pages by the 66 |
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| 101 | 101 | | town clerks. In the case of a candidate who petitions under a reserved 67 |
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| 102 | 102 | | party designation, the Secretary shall approve the petition only if it 68 |
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| 103 | 103 | | meets the signature requirement and if a statement endorsing such 69 |
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| 104 | 104 | | candidate is filed with the Secretary by the party designation committee 70 |
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| 105 | 105 | | not later than four o'clock p.m. on the sixty-second day before the 71 |
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| 106 | 106 | | election. In the case of a candidate who petitions under a party 72 |
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| 107 | 107 | | designation which is the same as the name of a minor party, the 73 |
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| 108 | 108 | | Secretary shall approve the petition only if it meets the signature 74 |
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| 109 | 109 | | requirement and if a statement endorsing such candidate is filed in the 75 |
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| 110 | 110 | | office of the Secretary by the chairman or secretary of such minor party 76 |
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| 111 | 111 | | not later than four o'clock p.m. on the sixty-second day before the 77 |
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| 112 | 112 | | election. No candidate shall be qualified to appear on any ballot by 78 |
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| 113 | 113 | | nominating petition unless the candidate's petition is approved by the 79 Raised Bill No. 1156 |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LCO No. 5151 4 of 9 |
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| 118 | 118 | | |
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| 119 | 119 | | Secretary pursuant to this subsection. 80 |
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| 120 | 120 | | (c) The Secretary of the State may approve a nominating petition 81 |
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| 121 | 121 | | received under section 9-453k, as amended by this act, at any time, 82 |
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| 122 | 122 | | except such approval shall be withdrawn if sufficient signatures are 83 |
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| 123 | 123 | | withdrawn under section 9-453h. 84 |
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| 124 | 124 | | Sec. 5. Subsections (c) and (d) of section 9-404b of the general statutes 85 |
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| 125 | 125 | | are repealed and the following is substituted in lieu thereof (Effective 86 |
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| 126 | 126 | | from passage): 87 |
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| 127 | 127 | | (c) The names of enrolled party members signing a primary petition 88 |
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| 128 | 128 | | may be on several pages, provided no person shall sign more than one 89 |
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| 129 | 129 | | petition page for the same candidate or candidates. Any person who 90 |
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| 130 | 130 | | signs a name other than the person's own to a primary petition filed 91 |
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| 131 | 131 | | under the provisions of this section or who signs a name other than the 92 |
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| 132 | 132 | | person's own as circulator of such petition shall be fined not more than 93 |
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| 133 | 133 | | one hundred dollars or imprisoned not more than one year, or both. 94 |
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| 134 | 134 | | Each such page shall indicate the candidate or candidates supported, 95 |
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| 135 | 135 | | the offices sought and the political party for which nomination is being 96 |
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| 136 | 136 | | sought. No page of such a petition shall contain the names of enrolled 97 |
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| 137 | 137 | | party members residing in different municipalities and any petition 98 |
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| 138 | 138 | | page that has been certified by the registrars of voters of two or more 99 |
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| 139 | 139 | | municipalities shall be rejected by the Secretary. Withdrawal of petition 100 |
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| 140 | 140 | | signatures shall not be permitted. 101 |
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| 141 | 141 | | (d) [Each] Any person qualified to vote under the laws of any state or 102 |
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| 142 | 142 | | territory of the United States may be a circulator of a primary petition 103 |
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| 143 | 143 | | page [shall be] if such person (1) is an enrolled party member of a 104 |
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| 144 | 144 | | municipality in this state, [. Each] or (2) agrees to submit to the 105 |
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| 145 | 145 | | jurisdiction of this state in any case or controversy arising out of or 106 |
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| 146 | 146 | | related to the circulation of a primary petition. For any circulator 107 |
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| 147 | 147 | | described in subdivision (1) of this subsection, each petition page shall 108 |
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| 148 | 148 | | contain a statement signed by the registrar of voters of the municipality 109 |
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| 149 | 149 | | in which the circulator is an enrolled party member attesting that the 110 |
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| 150 | 150 | | circulator is an enrolled party member in the municipality. For any 111 Raised Bill No. 1156 |
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| 151 | 151 | | |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LCO No. 5151 5 of 9 |
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| 155 | 155 | | |
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| 156 | 156 | | circulator described in subdivision (2) of this subsection, each petition 112 |
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| 157 | 157 | | page shall contain a statement signed by the circulator that the circulator 113 |
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| 158 | 158 | | agrees to submit to the jurisdiction of this state in any case or 114 |
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| 159 | 159 | | controversy arising out of or related to the circulation of a primary 115 |
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| 160 | 160 | | petition, which signed statement shall be attested to by the registrar of 116 |
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| 161 | 161 | | voters of the municipality in which such page was circulated. Unless 117 |
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| 162 | 162 | | such [a] an attested statement by the registrar of voters appears on each 118 |
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| 163 | 163 | | page so submitted, the Secretary shall reject the page. Each separate 119 |
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| 164 | 164 | | page of the petition shall contain a statement as to the authenticity of the 120 |
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| 165 | 165 | | signatures on the page and the number of such signatures, and shall be 121 |
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| 166 | 166 | | signed under the [penalties] penalty of false statement by the person 122 |
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| 167 | 167 | | who circulated the page, setting forth the circulator's address and the 123 |
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| 168 | 168 | | town in which the circulator is an enrolled party member and attesting 124 |
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| 169 | 169 | | that each person whose name appears on the page signed the petition in 125 |
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| 170 | 170 | | person in the presence of the circulator, that the circulator either knows 126 |
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| 171 | 171 | | each such signer or that the signer satisfactorily identified [himself or 127 |
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| 172 | 172 | | herself] such signer to the circulator and that the spaces for candidates 128 |
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| 173 | 173 | | supported, offices sought and the political party involved were filled in 129 |
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| 174 | 174 | | prior to the obtaining of the signatures. Each separate page of the 130 |
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| 175 | 175 | | petition shall also be acknowledged before an appropriate person as 131 |
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| 176 | 176 | | provided in section 1-29. The Secretary shall reject any page of a petition 132 |
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| 177 | 177 | | filed with the Secretary which does not contain such a statement by the 133 |
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| 178 | 178 | | circulator as to the authenticity of the signatures on the page, or upon 134 |
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| 179 | 179 | | which the statement of the circulator is incomplete in any respect, or 135 |
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| 180 | 180 | | which does not contain the [certification] attested statement required 136 |
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| 181 | 181 | | under this section by the registrar of voters of the town in which the 137 |
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| 182 | 182 | | circulator is an enrolled party member or in which the page was 138 |
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| 183 | 183 | | circulated. Any individual proposed as a candidate in any primary 139 |
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| 184 | 184 | | petition may serve as a circulator of the pages of the petition, provided 140 |
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| 185 | 185 | | the individual's service as circulator does not violate any provision of 141 |
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| 186 | 186 | | this section. 142 |
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| 187 | 187 | | Sec. 6. Section 9-410 of the general statutes is repealed and the 143 |
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| 188 | 188 | | following is substituted in lieu thereof (Effective from passage): 144 |
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| 189 | 189 | | (a) The petition form for candidacies for nomination to municipal 145 Raised Bill No. 1156 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | LCO No. 5151 6 of 9 |
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| 194 | 194 | | |
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| 195 | 195 | | office or for election as members of town committees shall be prescribed 146 |
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| 196 | 196 | | by the Secretary of the State and provided by the registrar of voters of 147 |
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| 197 | 197 | | the municipality in which the candidacy is to be filed or duplicate 148 |
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| 198 | 198 | | petition pages shall be produced in accordance with section 9-409, and 149 |
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| 199 | 199 | | signatures shall be obtained only on such forms or such duplicate 150 |
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| 200 | 200 | | petition pages. Such form shall include, at the top of the form and in 151 |
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| 201 | 201 | | bold print, the following: 152 |
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| 202 | 202 | | WARNING 153 |
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| 203 | 203 | | IT IS A CRIME TO SIGN THIS PETITION 154 |
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| 204 | 204 | | IN THE NAME OF ANOTHER PERSON 155 |
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| 205 | 205 | | WITHOUT LEGAL AUTHORITY TO DO SO 156 |
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| 206 | 206 | | AND YOU MAY NOT SIG N THIS PETITION 157 |
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| 207 | 207 | | IF YOU ARE NOT AN ELECTOR. 158 |
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| 208 | 208 | | The form shall include thereon a statement of instructions to persons 159 |
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| 209 | 209 | | using the form and shall indicate the date and time by which it shall be 160 |
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| 210 | 210 | | filed and the person with whom it shall be filed. The form shall provide 161 |
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| 211 | 211 | | spaces for the names and addresses of the candidates, the offices to 162 |
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| 212 | 212 | | which nomination is sought or the positions to which election is sought 163 |
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| 213 | 213 | | and the political party holding the primary, and shall provide lines for 164 |
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| 214 | 214 | | the signatures, street addresses, dates of birth and the printing of the 165 |
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| 215 | 215 | | names of enrolled party members supporting the person or persons on 166 |
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| 216 | 216 | | behalf of whose candidacy the petition is used. Only as many candidates 167 |
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| 217 | 217 | | may be proposed in any one primary petition for the same office or 168 |
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| 218 | 218 | | position as are to be nominated or chosen by such party for such office 169 |
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| 219 | 219 | | or position; but any one primary petition may propose as many 170 |
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| 220 | 220 | | candidates for different offices or positions as there are nominations to 171 |
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| 221 | 221 | | be made or positions to be filled. 172 |
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| 222 | 222 | | (b) The names of enrolled party members signing a primary petition 173 |
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| 223 | 223 | | need not all be on one sheet but may be on several sheets, but no person 174 |
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| 224 | 224 | | shall sign more than one petition page for the same candidate or 175 Raised Bill No. 1156 |
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| 225 | 225 | | |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LCO No. 5151 7 of 9 |
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| 229 | 229 | | |
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| 230 | 230 | | candidates. Any person who signs a name other than the person's own 176 |
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| 231 | 231 | | to a primary petition filed under the provisions of this section or who 177 |
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| 232 | 232 | | signs a name other than the person's own as circulator of such a petition 178 |
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| 233 | 233 | | shall be fined not more than one hundred dollars or imprisoned not 179 |
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| 234 | 234 | | more than one year or both. Each such sheet shall indicate the candidate 180 |
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| 235 | 235 | | or candidates supported, the offices or positions sought and the political 181 |
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| 236 | 236 | | party the nomination of which is sought or which is holding the primary 182 |
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| 237 | 237 | | for election of town committee members. No page of such a petition 183 |
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| 238 | 238 | | shall contain the names of enrolled party members residing in different 184 |
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| 239 | 239 | | municipalities and any page thereof which has been certified by the 185 |
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| 240 | 240 | | registrars of voters of two or more municipalities shall be rejected by the 186 |
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| 241 | 241 | | registrar of voters. Withdrawal of petition signatures shall not be 187 |
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| 242 | 242 | | permitted. 188 |
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| 243 | 243 | | (c) [Each] Any person qualified to vote under the laws of any state or 189 |
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| 244 | 244 | | territory of the United States may be a circulator of a primary petition 190 |
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| 245 | 245 | | page [shall be] if such person (1) is an enrolled party member of a 191 |
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| 246 | 246 | | municipality in this state, [who is entitled to vote. Each] or (2) agrees to 192 |
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| 247 | 247 | | submit to the jurisdiction of this state in any case or controversy arising 193 |
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| 248 | 248 | | out of or related to the circulation of a primary petition. For any 194 |
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| 249 | 249 | | circulator described in subdivision (1) of this subsection, each petition 195 |
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| 250 | 250 | | page shall contain a statement signed by the registrar of voters of the 196 |
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| 251 | 251 | | municipality in which such circulator is an enrolled party member 197 |
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| 252 | 252 | | attesting that the circulator is an enrolled party member in such 198 |
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| 253 | 253 | | municipality. For any circulator described in subdivision (2) of this 199 |
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| 254 | 254 | | subsection, each petition page shall contain a statement signed by the 200 |
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| 255 | 255 | | circulator that the circulator agrees to submit to the jurisdiction of this 201 |
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| 256 | 256 | | state in any case or controversy arising out of or related to the circulation 202 |
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| 257 | 257 | | of a primary petition, which signed statement shall be attested to by the 203 |
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| 258 | 258 | | registrar of voters of the municipality in which such page was 204 |
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| 259 | 259 | | circulated. Unless such [a] an attested statement by the registrar of 205 |
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| 260 | 260 | | voters appears on each page so submitted, the registrar of voters shall 206 |
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| 261 | 261 | | reject such page. No candidate for the nomination of a party for a 207 |
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| 262 | 262 | | municipal office or the position of town committee member shall 208 |
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| 263 | 263 | | circulate any petition for another candidate or another group of 209 Raised Bill No. 1156 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | |
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| 267 | 267 | | LCO No. 5151 8 of 9 |
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| 268 | 268 | | |
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| 269 | 269 | | candidates contained in one primary petition for the nomination of such 210 |
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| 270 | 270 | | party for the same office or position, and any petition page circulated in 211 |
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| 271 | 271 | | violation of this provision shall be rejected by the registrar of voters. No 212 |
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| 272 | 272 | | person shall circulate petitions for more than the maximum number of 213 |
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| 273 | 273 | | candidates to be nominated by a party for the same office or position, 214 |
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| 274 | 274 | | and any petition page circulated in violation of this provision shall be 215 |
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| 275 | 275 | | rejected by the registrar of voters. Each separate sheet of such petition 216 |
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| 276 | 276 | | shall contain a statement as to the authenticity of the signatures thereon 217 |
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| 277 | 277 | | and the number of such signatures, and shall be signed under the 218 |
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| 278 | 278 | | [penalties] penalty of false statement by the person who circulated the 219 |
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| 279 | 279 | | same, setting forth such circulator's address and the town in which such 220 |
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| 280 | 280 | | circulator is an enrolled party member and attesting that each person 221 |
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| 281 | 281 | | whose name appears on such sheet signed the same in person in the 222 |
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| 282 | 282 | | presence of such circulator, that the circulator either knows each such 223 |
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| 283 | 283 | | signer or that the signer satisfactorily identified [the signer] such signer 224 |
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| 284 | 284 | | to the circulator and that the spaces for candidates supported, offices or 225 |
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| 285 | 285 | | positions sought and the political party involved were filled in prior to 226 |
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| 286 | 286 | | the obtaining of the signatures. Each separate sheet of such petition shall 227 |
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| 287 | 287 | | also be acknowledged before an appropriate person as provided in 228 |
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| 288 | 288 | | section 1-29. Any sheet of a petition filed with the registrar of voters 229 |
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| 289 | 289 | | which does not contain such a statement by the circulator as to the 230 |
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| 290 | 290 | | authenticity of the signatures thereon, or upon which the statement of 231 |
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| 291 | 291 | | the circulator is incomplete in any respect, or which does not contain the 232 |
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| 292 | 292 | | [certification hereinbefore] attested statement required under this 233 |
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| 293 | 293 | | section by the registrar of voters of the town in which the circulator is 234 |
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| 294 | 294 | | an enrolled party member or in which the page was circulated, shall be 235 |
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| 295 | 295 | | rejected by the registrar of voters. Any individual proposed as a 236 |
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| 296 | 296 | | candidate in any primary petition may serve as a circulator of the pages 237 |
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| 297 | 297 | | of such petition, provided such individual's service as circulator does 238 |
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| 298 | 298 | | not violate any provision of this section. 239 |
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| 299 | 299 | | This act shall take effect as follows and shall amend the following |
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| 300 | 300 | | sections: |
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| 301 | 301 | | |
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| 302 | 302 | | Section 1 from passage 9-453e |
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| 303 | 303 | | Sec. 2 from passage 9-453j Raised Bill No. 1156 |
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| 304 | 304 | | |
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| 305 | 305 | | |
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| 306 | 306 | | |
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| 307 | 307 | | LCO No. 5151 9 of 9 |
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| 308 | 308 | | |
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| 309 | 309 | | Sec. 3 from passage 9-453k(a) and (b) |
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| 310 | 310 | | Sec. 4 from passage 9-453o |
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| 311 | 311 | | Sec. 5 from passage 9-404b(c) and (d) |
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| 312 | 312 | | Sec. 6 from passage 9-410 |
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| 313 | 313 | | |
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| 314 | 314 | | Statement of Purpose: |
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| 315 | 315 | | To bring into compliance with federal case law certain state statutes |
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| 316 | 316 | | relating to the circulation of nominating and primary petitions. |
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| 317 | 317 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 318 | 318 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 319 | 319 | | underlined.] |
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| 320 | 320 | | |
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