Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | - | LCO 1 of | |
3 | + | LCO No. 6375 1 of 26 | |
4 | 4 | ||
5 | - | General Assembly | |
5 | + | General Assembly Raised Bill No. 7230 | |
6 | 6 | January Session, 2025 | |
7 | + | LCO No. 6375 | |
7 | 8 | ||
9 | + | ||
10 | + | Referred to Committee on GOVERNMENT ADMINISTRATION | |
11 | + | AND ELECTIONS | |
12 | + | ||
13 | + | ||
14 | + | Introduced by: | |
15 | + | (GAE) | |
8 | 16 | ||
9 | 17 | ||
10 | 18 | ||
11 | 19 | ||
12 | 20 | AN ACT CONCERNING ELECTION STATUTES RELATED TO FILINGS | |
13 | - | WITH THE SUPERIOR COURT. | |
21 | + | WITH THE SUPERIOR COURT AND PETITION CIRCULATION. | |
14 | 22 | Be it enacted by the Senate and House of Representatives in General | |
15 | 23 | Assembly convened: | |
16 | 24 | ||
17 | 25 | Section 1. Section 9-324 of the general statutes is repealed and the 1 | |
18 | 26 | following is substituted in lieu thereof (Effective July 1, 2025, and 2 | |
19 | 27 | applicable to complaints brought on or after July 1, 2025): 3 | |
20 | 28 | (a) Any elector or candidate who claims that such elector or candidate 4 | |
21 | 29 | is aggrieved by any ruling of any election official in connection with any 5 | |
22 | 30 | election for Governor, Lieutenant Governor, Secretary of the State, State 6 | |
23 | 31 | Treasurer, Attorney General, State Comptroller or judge of probate, held 7 | |
24 | 32 | in such elector's or candidate's town, or that there has been a mistake in 8 | |
25 | 33 | the count of the votes cast at such election for candidates for said offices 9 | |
26 | 34 | or any of them, at any voting district in such elector's or candidate's 10 | |
27 | 35 | town, or any candidate for such an office who claims that such candidate 11 | |
28 | 36 | is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-12 | |
29 | 37 | 361, inclusive, section 9-364, 9-364a or 9-365 in the casting of absentee 13 | |
30 | 38 | ballots at such election or any candidate for the office of Governor, 14 | |
39 | + | Raised Bill No. 7230 | |
40 | + | ||
41 | + | ||
42 | + | ||
43 | + | LCO No. 6375 2 of 26 | |
44 | + | ||
31 | 45 | Lieutenant Governor, Secretary of the State, State Treasurer, Attorney 15 | |
32 | 46 | General or State Comptroller, who claims that such candidate is 16 | |
33 | 47 | aggrieved by a violation of any provision of sections 9-700 to 9-716, 17 | |
34 | 48 | inclusive, may bring such elector's or candidate's complaint [to any 18 | |
35 | - | judge of the Superior Court, in which such] in the superior court for the 19 Substitute Bill No. 7230 | |
36 | - | ||
37 | - | ||
38 | - | LCO 2 of 17 | |
39 | - | ||
49 | + | judge of the Superior Court, in which such] in the superior court for the 19 | |
40 | 50 | judicial district of Hartford or for the judicial district of Bridgeport. Such 20 | |
41 | 51 | elector or candidate shall set out in the complaint the claimed errors of 21 | |
42 | 52 | such election official, the claimed errors in the count or the claimed 22 | |
43 | 53 | violations of said sections. In any action brought pursuant to the 23 | |
44 | 54 | provisions of this section, the complainant shall send a copy of the 24 | |
45 | 55 | complaint by first-class mail, or deliver a copy of the complaint by hand, 25 | |
46 | 56 | to the State Elections Enforcement Commission. If such complaint is 26 | |
47 | 57 | made prior to such election, [such judge] the court shall proceed 27 | |
48 | 58 | expeditiously to render judgment on the complaint and shall cause 28 | |
49 | 59 | notice of the hearing to be given to the Secretary of the State and the 29 | |
50 | 60 | State Elections Enforcement Commission. If such complaint is made 30 | |
51 | 61 | subsequent to the election, it shall be brought not later than fourteen 31 | |
52 | 62 | days after the election or, if such complaint is brought in response to the 32 | |
53 | 63 | manual tabulation of paper ballots authorized pursuant to section 9-33 | |
54 | 64 | 320f, such complaint shall be brought not later than seven days after the 34 | |
55 | 65 | close of any such manual tabulation. [and, in either such circumstance, 35 | |
56 | 66 | such judge] 36 | |
57 | 67 | (b) The court shall forthwith order a hearing to be [had] held upon 37 | |
58 | 68 | [such] a complaint filed under subsection (a) of this section, upon a day 38 | |
59 | 69 | not more than five nor less than three days from the making of such 39 | |
60 | 70 | order, and shall cause notice of not less than three nor more than five 40 | |
61 | 71 | days to be given to any candidate or candidates whose election may be 41 | |
62 | 72 | affected by the decision upon such hearing, to such election official, the 42 | |
63 | 73 | Secretary of the State, the State Elections Enforcement Commission and 43 | |
64 | 74 | to any other party or parties whom [such judge] the court deems proper 44 | |
65 | 75 | parties thereto, of the time and place for the hearing upon such 45 | |
66 | 76 | complaint. [Such judge] The court shall, on the day fixed for such 46 | |
67 | 77 | hearing and without unnecessary delay, proceed to hear the parties. If 47 | |
78 | + | Raised Bill No. 7230 | |
79 | + | ||
80 | + | ||
81 | + | ||
82 | + | LCO No. 6375 3 of 26 | |
83 | + | ||
68 | 84 | sufficient reason is shown, [such judge] the court may order any voting 48 | |
69 | 85 | tabulators to be unlocked or any ballot boxes to be opened and a recount 49 | |
70 | 86 | of the votes cast, including absentee ballots, to be made. [Such judge] 50 | |
71 | 87 | The court shall thereupon, in case [such judge] the court finds any error 51 | |
72 | 88 | in the rulings of the election official, any mistake in the count of the votes 52 | |
73 | - | or any violation of [said sections] any provision of sections 9-355, 9-357 53 Substitute Bill No. 7230 | |
74 | - | ||
75 | - | ||
76 | - | LCO 3 of 17 | |
77 | - | ||
89 | + | or any violation of [said sections] any provision of sections 9-355, 9-357 53 | |
78 | 90 | to 9-361, inclusive, section 9-364, 9-364a or 9-365 or sections 9-700 to 9-54 | |
79 | 91 | 716, inclusive, certify the result of [such judge's] the court's finding or 55 | |
80 | 92 | decision to the Secretary of the State before the fifteenth day of the next 56 | |
81 | 93 | succeeding December. [Such judge] The court may order a new election 57 | |
82 | 94 | or a change in the existing election schedule. [Such certificate of such 58 | |
83 | 95 | judge of such judge's] 59 | |
84 | 96 | (c) The certificate of the court's finding or decision pursuant to 60 | |
85 | 97 | subsection (b) of this section shall be final and conclusive upon all 61 | |
86 | 98 | questions relating to errors in the rulings of such election officials, to the 62 | |
87 | 99 | correctness of such count, and, for the purposes of this section only, such 63 | |
88 | 100 | claimed violations, and shall operate to correct the returns of the 64 | |
89 | 101 | moderators or presiding officers, so as to conform to such finding or 65 | |
90 | 102 | decision, unless the same is appealed from as provided in section 9-325, 66 | |
91 | 103 | as amended by this act. 67 | |
92 | 104 | Sec. 2. Section 9-325 of the general statutes is repealed and the 68 | |
93 | 105 | following is substituted in lieu thereof (Effective July 1, 2025, and 69 | |
94 | 106 | applicable to complaints brought on or after July 1, 2025): 70 | |
95 | 107 | If, upon any such hearing [by a judge of the Superior Court] in the 71 | |
96 | 108 | superior court for the judicial district of Hartford or for the judicial 72 | |
97 | 109 | district of Bridgeport, any question of law is raised which any party to 73 | |
98 | 110 | the complaint claims should be reviewed by the Supreme Court, [such 74 | |
99 | 111 | judge] the court, instead of filing the certificate of [his] the court's 75 | |
100 | 112 | finding or decision with the Secretary of the State, shall transmit the 76 | |
101 | 113 | same, including therein such questions of law, together with a proper 77 | |
102 | 114 | finding of facts, to the Chief Justice of the Supreme Court, who shall 78 | |
103 | 115 | thereupon call a special session of [said court] the Supreme Court for 79 | |
116 | + | Raised Bill No. 7230 | |
117 | + | ||
118 | + | ||
119 | + | ||
120 | + | LCO No. 6375 4 of 26 | |
121 | + | ||
104 | 122 | the purpose of an immediate hearing upon the questions of law so 80 | |
105 | 123 | certified. A copy of the finding and decision so certified by [the judge of 81 | |
106 | 124 | the Superior Court] such superior court, together with the decision of 82 | |
107 | 125 | the Supreme Court, on the questions of law therein certified, shall be 83 | |
108 | 126 | attested by the clerk of the Supreme Court, and by [him] such clerk 84 | |
109 | 127 | transmitted to the Secretary of the State forthwith. The finding and 85 | |
110 | - | decision of [the judge of the Superior Court] such superior court, 86 Substitute Bill No. 7230 | |
111 | - | ||
112 | - | ||
113 | - | LCO 4 of 17 | |
114 | - | ||
128 | + | decision of [the judge of the Superior Court] such superior court, 86 | |
115 | 129 | together with the decision of the Supreme Court on the questions of law 87 | |
116 | 130 | thus certified, shall be final and conclusive upon all questions relating 88 | |
117 | 131 | to errors in the rulings of the election officials and to the correctness of 89 | |
118 | 132 | such count and shall operate to correct the returns of the moderators or 90 | |
119 | 133 | presiding officers so as to conform to such decision of [said court] the 91 | |
120 | 134 | Supreme Court. Nothing in this section shall be considered as 92 | |
121 | 135 | prohibiting an appeal to the Supreme Court from a final judgment of 93 | |
122 | 136 | [the Superior Court] such superior court. The judges of the Supreme 94 | |
123 | 137 | Court may establish rules of procedure for the speedy and inexpensive 95 | |
124 | 138 | hearing of such appeals within fifteen days of such judgment of [a judge 96 | |
125 | 139 | of the Superior Court] such superior court. 97 | |
126 | 140 | Sec. 3. Section 9-328 of the general statutes is repealed and the 98 | |
127 | 141 | following is substituted in lieu thereof (Effective July 1, 2025, and 99 | |
128 | 142 | applicable to complaints brought on or after July 1, 2025): 100 | |
129 | 143 | (a) Any elector or candidate claiming to have been aggrieved by any 101 | |
130 | 144 | ruling of any election official in connection with an election for any 102 | |
131 | 145 | municipal office or a primary for justice of the peace, or any elector or 103 | |
132 | 146 | candidate claiming that there has been a mistake in the count of votes 104 | |
133 | 147 | cast for any such office at such election or primary, or any candidate in 105 | |
134 | 148 | such an election or primary claiming that [he] such candidate is 106 | |
135 | 149 | aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-107 | |
136 | 150 | 361, inclusive, section 9-364, 9-364a or 9-365 in the casting of absentee 108 | |
137 | 151 | ballots at such election or primary, may bring a complaint [to any judge 109 | |
138 | 152 | of the Superior Court] in the superior court for the judicial district of 110 | |
139 | 153 | Hartford or for the judicial district of Bridgeport for relief therefrom. In 111 | |
140 | 154 | any action brought pursuant to the provisions of this section, the 112 | |
155 | + | Raised Bill No. 7230 | |
156 | + | ||
157 | + | ||
158 | + | ||
159 | + | LCO No. 6375 5 of 26 | |
160 | + | ||
141 | 161 | complainant shall send a copy of the complaint by first-class mail, or 113 | |
142 | 162 | deliver a copy of the complaint by hand, to the State Elections 114 | |
143 | 163 | Enforcement Commission. If such complaint is made prior to such 115 | |
144 | 164 | election or primary, [such judge] the court shall proceed expeditiously 116 | |
145 | 165 | to render judgment on the complaint and shall cause notice of the 117 | |
146 | 166 | hearing to be given to the Secretary of the State and the State Elections 118 | |
147 | 167 | Enforcement Commission. If such complaint is made subsequent to 119 | |
148 | - | such election or primary, it shall be brought not later than fourteen days 120 Substitute Bill No. 7230 | |
149 | - | ||
150 | - | ||
151 | - | LCO 5 of 17 | |
152 | - | ||
168 | + | such election or primary, it shall be brought not later than fourteen days 120 | |
153 | 169 | after such election or primary, except that if such complaint is brought 121 | |
154 | 170 | in response to the manual tabulation of paper ballots, authorized 122 | |
155 | 171 | pursuant to section 9-320f, such complaint shall be brought not later 123 | |
156 | 172 | than seven days after the close of any such manual tabulation, to any 124 | |
157 | 173 | judge of [the Superior Court] such superior court, in which [he] such 125 | |
158 | 174 | complainant shall set out the claimed errors of the election official, the 126 | |
159 | 175 | claimed errors in the count or the claimed violations of [said sections. 127 | |
160 | 176 | Such judge] any provision of sections 9-355, 9-357 to 9-361, inclusive, 128 | |
161 | 177 | section 9-364, 9-364a or 9-365. 129 | |
162 | 178 | (b) The court shall forthwith order a hearing to be [had] held upon 130 | |
163 | 179 | [such] a complaint filed under subsection (a) of this section, upon a day 131 | |
164 | 180 | not more than five nor less than three days from the making of such 132 | |
165 | 181 | order, and shall cause notice of not less than three nor more than five 133 | |
166 | 182 | days to be given to any candidate or candidates whose election or 134 | |
167 | 183 | nomination may be affected by the decision upon such hearing, to such 135 | |
168 | 184 | election official, the Secretary of the State, the State Elections 136 | |
169 | 185 | Enforcement Commission and to any other party or parties whom [such 137 | |
170 | 186 | judge] the court deems proper parties thereto, of the time and place for 138 | |
171 | 187 | the hearing upon such complaint. [Such judge] The court shall, on the 139 | |
172 | 188 | day fixed for such hearing and without unnecessary delay, proceed to 140 | |
173 | 189 | hear the parties. If sufficient reason is shown, [he] the court may order 141 | |
174 | 190 | any voting tabulators to be unlocked or any ballot boxes to be opened 142 | |
175 | 191 | and a recount of the votes cast, including absentee ballots, to be made. 143 | |
176 | 192 | [Such judge] The court shall thereupon, if [he] the court finds any error 144 | |
177 | 193 | in the rulings of the election official or any mistake in the count of the 145 | |
194 | + | Raised Bill No. 7230 | |
195 | + | ||
196 | + | ||
197 | + | ||
198 | + | LCO No. 6375 6 of 26 | |
199 | + | ||
178 | 200 | votes, certify the result of [his] the court's finding or decision to the 146 | |
179 | 201 | Secretary of the State before the tenth day succeeding the conclusion of 147 | |
180 | 202 | the hearing. [Such judge] The court may order a new election or primary 148 | |
181 | 203 | or a change in the existing election schedule. [Such certificate of such 149 | |
182 | 204 | judge of his] 150 | |
183 | 205 | (c) The certificate of the court's finding or decision under subsection 151 | |
184 | 206 | (b) of this section shall be final and conclusive upon all questions 152 | |
185 | 207 | relating to errors in the ruling of such election officials, to the correctness 153 | |
186 | - | of such count, and, for the purposes of this section only, such claimed 154 Substitute Bill No. 7230 | |
187 | - | ||
188 | - | ||
189 | - | LCO 6 of 17 | |
190 | - | ||
208 | + | of such count, and, for the purposes of this section only, such claimed 154 | |
191 | 209 | violations, and shall operate to correct the returns of the moderators or 155 | |
192 | 210 | presiding officers, so as to conform to such finding or decision, except 156 | |
193 | 211 | that this section shall not affect the right of appeal to the Supreme Court 157 | |
194 | 212 | and [it] shall not prevent [such judge] the court from reserving such 158 | |
195 | 213 | questions of law for the advice of the Supreme Court as provided in 159 | |
196 | 214 | section 9-325, as amended by this act. [Such judge] The court may, if 160 | |
197 | 215 | necessary, issue [his] a writ of mandamus, requiring the adverse party 161 | |
198 | 216 | and those [under him] thereunder to deliver to the complainant the 162 | |
199 | 217 | appurtenances of such office, and shall cause [his] the court's finding 163 | |
200 | 218 | and [decree] decision to be entered on the records of the Superior Court 164 | |
201 | 219 | in the proper judicial district. 165 | |
202 | 220 | Sec. 4. Section 9-329a of the general statutes is repealed and the 166 | |
203 | 221 | following is substituted in lieu thereof (Effective July 1, 2025, and 167 | |
204 | 222 | applicable to complaints brought on or after July 1, 2025): 168 | |
205 | 223 | (a) Any (1) elector or candidate aggrieved by a ruling of an election 169 | |
206 | 224 | official in connection with any primary held pursuant to (A) section 9-170 | |
207 | 225 | 423, 9-425 or 9-464, or (B) a special act, (2) elector or candidate who 171 | |
208 | 226 | alleges that there has been a mistake in the count of the votes cast at such 172 | |
209 | 227 | primary, or (3) candidate in such a primary who alleges that [he] such 173 | |
210 | 228 | candidate is aggrieved by a violation of any provision of sections 9-355, 174 | |
211 | 229 | 9-357 to 9-361, inclusive, section 9-364, 9-364a or 9-365 in the casting of 175 | |
212 | 230 | absentee ballots at such primary, may bring [his] a complaint [to any 176 | |
213 | 231 | judge of the Superior Court] in the superior court for the judicial district 177 | |
232 | + | Raised Bill No. 7230 | |
233 | + | ||
234 | + | ||
235 | + | ||
236 | + | LCO No. 6375 7 of 26 | |
237 | + | ||
214 | 238 | of Hartford or for the judicial district of Bridgeport for appropriate 178 | |
215 | 239 | action. In any action brought pursuant to the provisions of this section, 179 | |
216 | 240 | the complainant shall file a certification attached to the complaint 180 | |
217 | 241 | indicating that a copy of the complaint has been sent by first-class mail 181 | |
218 | 242 | or delivered to the State Elections Enforcement Commission. If such 182 | |
219 | - | complaint is made prior to such primary | |
243 | + | complaint is made prior to such primary [such judge] the court shall 183 | |
220 | 244 | proceed expeditiously to render judgment on the complaint and shall 184 | |
221 | 245 | cause notice of the hearing to be given to the Secretary of the State and 185 | |
222 | 246 | the State Elections Enforcement Commission. If such complaint is made 186 | |
223 | - | subsequent to such primary, [it] such complaint shall be brought [,] not 187 | |
224 | - | later than fourteen days after such primary [,] or, if such complaint is 188 Substitute Bill No. 7230 | |
225 | - | ||
226 | - | ||
227 | - | LCO 7 of 17 | |
228 | - | ||
229 | - | brought in response to the manual tabulation of paper ballots [,] 189 | |
230 | - | described in section 9-320f, such complaint shall be brought [,] not later 190 | |
231 | - | than seven days after the close of any such manual tabulation, [to any 191 | |
232 | - | judge of the Superior Court] in such superior court. 192 | |
247 | + | subsequent to such primary [it] such complaint shall be brought, not 187 | |
248 | + | later than fourteen days after such primary, or if such complaint is 188 | |
249 | + | brought in response to the manual tabulation of paper ballots, described 189 | |
250 | + | in section 9-320f, such complaint shall be brought, not later than seven 190 | |
251 | + | days after the close of any such manual tabulation, [to any judge of the 191 | |
252 | + | Superior Court] in such superior court. 192 | |
233 | 253 | (b) [Such judge] The court shall forthwith order a hearing to be held 193 | |
234 | 254 | upon [such] a complaint filed pursuant to subsection (a) of this section, 194 | |
235 | 255 | upon a day not more than five nor less than three days after the making 195 | |
236 | 256 | of such order, and shall cause notice of not less than three days to be 196 | |
237 | 257 | given to any candidate or candidates in any way directly affected by the 197 | |
238 | 258 | decision upon such hearing, to such election official, to the Secretary of 198 | |
239 | 259 | the State, the State Elections Enforcement Commission and to any other 199 | |
240 | 260 | person or persons, whom [such judge] the court deems proper parties 200 | |
241 | 261 | thereto, of the time and place of the hearing upon such complaint. [Such 201 | |
242 | 262 | judge] The court shall, on the day fixed for such hearing, and without 202 | |
243 | 263 | delay, proceed to hear the parties and determine the result. If, after 203 | |
244 | 264 | hearing, sufficient reason is shown, [such judge] the court may order 204 | |
245 | 265 | any voting tabulators to be unlocked or any ballot boxes to be opened 205 | |
246 | 266 | and a recount of the votes cast, including absentee ballots, to be made. 206 | |
247 | 267 | [Such judge] The court shall thereupon, if [he] the court finds any error 207 | |
248 | 268 | in the ruling of the election official, any mistake in the count of the votes 208 | |
249 | 269 | or any violation of [said sections] any provision of sections 9-355, 9-357 209 | |
250 | 270 | to 9-361, inclusive, section 9-364, 9-364a or 9-365, certify the result of 210 | |
271 | + | Raised Bill No. 7230 | |
272 | + | ||
273 | + | ||
274 | + | ||
275 | + | LCO No. 6375 8 of 26 | |
276 | + | ||
251 | 277 | [his] the court's finding or decision to the Secretary of the State before 211 | |
252 | 278 | the tenth day following the conclusion of the hearing. [Such judge] The 212 | |
253 | 279 | court may (1) determine the result of such primary; (2) order a change 213 | |
254 | 280 | in the existing primary schedule; or (3) order a new primary if [he] the 214 | |
255 | 281 | court finds that, but for the error in the ruling of the election official, any 215 | |
256 | 282 | mistake in the count of the votes or any violation of [said sections] any 216 | |
257 | 283 | provision of sections 9-355, 9-357 to 9-361, inclusive, section 9-364, 9-217 | |
258 | 284 | 364a or 9-365, the result of such primary might have been different and 218 | |
259 | 285 | [he] the court is unable to determine the result of such primary. 219 | |
260 | 286 | (c) [The certification by the judge of his] The certificate of the court's 220 | |
261 | 287 | finding or decision under subsection (b) of this section shall be final and 221 | |
262 | - | conclusive upon all questions relating to errors in the ruling of such 222 Substitute Bill No. 7230 | |
263 | - | ||
264 | - | ||
265 | - | LCO 8 of 17 | |
266 | - | ||
288 | + | conclusive upon all questions relating to errors in the ruling of such 222 | |
267 | 289 | election official, to the correctness of such count, and, for the purposes 223 | |
268 | 290 | of this section only, such alleged violations, and shall operate to correct 224 | |
269 | 291 | any returns or certificates filed by the election officials, unless the same 225 | |
270 | 292 | is appealed from as provided in section 9-325, as amended by this act. 226 | |
271 | 293 | In the event a new primary is held pursuant to such [Superior Court] 227 | |
272 | 294 | order of such superior court, the result of such new primary shall be 228 | |
273 | 295 | final and conclusive unless a complaint is brought pursuant to this 229 | |
274 | 296 | section. The clerk of [the] such superior court shall forthwith transmit a 230 | |
275 | 297 | copy of such findings and order to the Secretary of the State. 231 | |
276 | 298 | Sec. 5. Section 9-329b of the general statutes is repealed and the 232 | |
277 | 299 | following is substituted in lieu thereof (Effective July 1, 2025, and 233 | |
278 | 300 | applicable to complaints brought on or after July 1, 2025): 234 | |
279 | 301 | (a) At any time prior to a primary held before April 1, [2024] 2026, 235 | |
280 | 302 | and pursuant to sections 9-423, 9-425 and 9-464, or a special act, or prior 236 | |
281 | 303 | to any election held before April 1, [2024] 2026, the [Superior Court] 237 | |
282 | 304 | superior court for the judicial district of Hartford or for the judicial 238 | |
283 | 305 | district of Bridgeport may issue an order removing a candidate from a 239 | |
284 | 306 | ballot where it is shown that such candidate is improperly on the ballot. 240 | |
285 | 307 | (b) At any time prior to the commencement of the period of early 241 | |
308 | + | Raised Bill No. 7230 | |
309 | + | ||
310 | + | ||
311 | + | ||
312 | + | LCO No. 6375 9 of 26 | |
313 | + | ||
286 | 314 | voting at a primary held on or after April 1, [2024] 2026, and pursuant 242 | |
287 | 315 | to sections 9-423, 9-425 and 9-464, or a special act, or prior to the 243 | |
288 | 316 | commencement of the period of early voting at any election held on or 244 | |
289 | 317 | after April 1, [2024] 2026, the [Superior Court] superior court for the 245 | |
290 | 318 | judicial district of Hartford or for the judicial district of Bridgeport may 246 | |
291 | 319 | issue an order removing a candidate from a ballot where it is shown that 247 | |
292 | 320 | such candidate is improperly on the ballot. 248 | |
293 | 321 | Sec. 6. Subparagraph (B) of subdivision (2) of subsection (b) of section 249 | |
294 | 322 | 9-368j of the general statutes is repealed and the following is substituted 250 | |
295 | 323 | in lieu thereof (Effective July 1, 2025, and applicable to actions brought on or 251 | |
296 | 324 | after July 1, 2025): 252 | |
297 | 325 | (B) (i) In determining whether divergent voting patterns occur in a 253 | |
298 | - | municipality or whether a method of election in such municipality 254 Substitute Bill No. 7230 | |
299 | - | ||
300 | - | ||
301 | - | LCO 9 of 17 | |
302 | - | ||
326 | + | municipality or whether a method of election in such municipality 254 | |
303 | 327 | results in a dilutive effect on the vote of protected class members, the 255 | |
304 | 328 | superior court for the judicial district [in which such municipality is 256 | |
305 | 329 | located] of Hartford or for the judicial district of Bridgeport (I) shall 257 | |
306 | 330 | consider elections held prior to the filing of an action pursuant to this 258 | |
307 | 331 | section as more probative than elections conducted after such filing, (II) 259 | |
308 | 332 | shall consider evidence concerning elections for any municipal office in 260 | |
309 | 333 | such municipality as more probative than evidence concerning elections 261 | |
310 | 334 | for other offices, but may still afford probative value to evidence 262 | |
311 | 335 | concerning elections for such other offices, (III) shall consider statistical 263 | |
312 | 336 | evidence as more probative than nonstatistical evidence, (IV) in the case 264 | |
313 | 337 | of claims brought on behalf of two or more protected classes that are 265 | |
314 | 338 | politically cohesive in such municipality, shall combine members of 266 | |
315 | 339 | such protected classes to determine whether voting by such combined 267 | |
316 | 340 | protected class members is divergent from other electors and shall not 268 | |
317 | 341 | require evidence that voting by each such protected class's members is 269 | |
318 | 342 | separately divergent from such other electors, and (V) shall not require 270 | |
319 | 343 | evidence concerning the intent of electors, elected officials or such 271 | |
320 | 344 | municipality to discriminate against protected class members. 272 | |
321 | 345 | (ii) Evidence concerning the causes of, or reasons for, the occurrence 273 | |
346 | + | Raised Bill No. 7230 | |
347 | + | ||
348 | + | ||
349 | + | ||
350 | + | LCO No. 6375 10 of 26 | |
351 | + | ||
322 | 352 | of divergent voting patterns shall not be deemed relevant to the 274 | |
323 | 353 | determination of whether divergent voting patterns occur or whether a 275 | |
324 | 354 | method of election results in a dilutive effect on the vote of protected 276 | |
325 | 355 | class members. 277 | |
326 | 356 | Sec. 7. Subdivision (1) of subsection (c) of section 9-368j of the general 278 | |
327 | 357 | statutes is repealed and the following is substituted in lieu thereof 279 | |
328 | 358 | (Effective July 1, 2025, and applicable to actions brought on or after July 1, 280 | |
329 | 359 | 2025): 281 | |
330 | 360 | (c) (1) In determining whether, based on the totality of the 282 | |
331 | 361 | circumstances, an impairment of the right to vote for any protected class 283 | |
332 | 362 | member in a municipality, or of the opportunity or ability of protected 284 | |
333 | 363 | class members in a municipality to participate in the political process 285 | |
334 | 364 | and elect candidates of their choice or otherwise influence the outcome 286 | |
335 | - | of elections, has occurred, the superior court for the judicial district [in 287 Substitute Bill No. 7230 | |
336 | - | ||
337 | - | ||
338 | - | LCO 10 of 17 | |
339 | - | ||
365 | + | of elections, has occurred, the superior court for the judicial district [in 287 | |
340 | 366 | which such municipality is located] of Hartford or for the judicial 288 | |
341 | 367 | district of Bridgeport may consider factors that include, but are not 289 | |
342 | 368 | limited to: (A) The history of discrimination in or affecting the 290 | |
343 | 369 | municipality or state; (B) the extent to which protected class members 291 | |
344 | 370 | have been elected to office in the municipality; (C) the use of any 292 | |
345 | 371 | qualification for eligibility to be an elector or other prerequisite to 293 | |
346 | 372 | voting, any statute, ordinance, regulation or other law regarding the 294 | |
347 | 373 | administration of elections, or any standard, practice, procedure or 295 | |
348 | 374 | policy, by the municipality that may enhance the dilutive effects of a 296 | |
349 | 375 | method of election in such municipality; (D) the extent of any history of 297 | |
350 | 376 | unequal access on the part of protected class members or candidates to 298 | |
351 | 377 | election administration or campaign finance processes that determine 299 | |
352 | 378 | which candidates will receive access to the ballot or financial or other 300 | |
353 | 379 | support in a given election for an office of the municipality; (E) the 301 | |
354 | 380 | extent to which protected class members in the municipality or state 302 | |
355 | 381 | have historically made expenditures, as defined in section 9-601b, at 303 | |
356 | 382 | lower rates than other individuals in such municipality or state; (F) the 304 | |
357 | 383 | extent to which protected class members in the municipality or state 305 | |
358 | 384 | vote at lower rates than other electors in the municipality or state, as 306 | |
385 | + | Raised Bill No. 7230 | |
386 | + | ||
387 | + | ||
388 | + | ||
389 | + | LCO No. 6375 11 of 26 | |
390 | + | ||
359 | 391 | applicable; (G) the extent to which protected class members in the 307 | |
360 | 392 | municipality are disadvantaged, or otherwise bear the effects of public 308 | |
361 | 393 | or private discrimination, in areas that may hinder their ability to 309 | |
362 | 394 | participate effectively in the political process, such as education, 310 | |
363 | 395 | employment, health, criminal justice, housing, transportation, land use 311 | |
364 | 396 | or environmental protection; (H) the extent to which protected class 312 | |
365 | 397 | members in the municipality are disadvantaged in other areas that may 313 | |
366 | 398 | hinder their ability to participate effectively in the political process; (I) 314 | |
367 | 399 | the use of overt or subtle racial appeals in political campaigns in the 315 | |
368 | 400 | municipality or surrounding the adoption or maintenance of a 316 | |
369 | 401 | challenged practice; (J) the extent to which candidates face hostility or 317 | |
370 | 402 | barriers while campaigning due to their membership in a protected 318 | |
371 | 403 | class; (K) a significant or recurring lack of responsiveness on the part of 319 | |
372 | 404 | elected officials of the municipality to the particularized needs of a 320 | |
373 | 405 | community or communities of protected class members, except that 321 | |
374 | - | compliance with a court order shall not be considered to be evidence of 322 Substitute Bill No. 7230 | |
375 | - | ||
376 | - | ||
377 | - | LCO 11 of 17 | |
378 | - | ||
406 | + | compliance with a court order shall not be considered to be evidence of 322 | |
379 | 407 | such responsiveness; and (L) whether the particular method of election, 323 | |
380 | 408 | ordinance, regulation or other law regarding the administration of 324 | |
381 | 409 | elections, standard, practice, procedure or policy was designed to 325 | |
382 | 410 | advance, and does materially advance, a valid state interest. 326 | |
383 | 411 | Sec. 8. Subsection (d) of section 9-368j of the general statutes is 327 | |
384 | 412 | repealed and the following is substituted in lieu thereof (Effective July 1, 328 | |
385 | 413 | 2025, and applicable to actions brought on or after July 1, 2025): 329 | |
386 | 414 | (d) Any individual aggrieved by a violation of this section, any 330 | |
387 | 415 | organization whose membership includes individuals aggrieved by 331 | |
388 | 416 | such a violation or the Secretary of the State may file an action alleging 332 | |
389 | 417 | a violation of this section in the superior court for the judicial district [in 333 | |
390 | 418 | which such violation has occurred] of Hartford or for the judicial district 334 | |
391 | 419 | of Bridgeport. Members of two or more protected classes that are 335 | |
392 | 420 | politically cohesive in a municipality may jointly file such an action in 336 | |
393 | 421 | such court. 337 | |
394 | 422 | Sec. 9. Subdivision (1) of subsection (e) of section 9-368j of the general 338 | |
423 | + | Raised Bill No. 7230 | |
424 | + | ||
425 | + | ||
426 | + | ||
427 | + | LCO No. 6375 12 of 26 | |
428 | + | ||
395 | 429 | statutes is repealed and the following is substituted in lieu thereof 339 | |
396 | 430 | (Effective July 1, 2025, and applicable to actions brought on or after July 1, 340 | |
397 | 431 | 2025): 341 | |
398 | 432 | (e) (1) Notwithstanding any provision of this title and any special act, 342 | |
399 | 433 | charter or home rule ordinance, whenever the superior court for [a] the 343 | |
400 | 434 | judicial district of Hartford or for the judicial district of Bridgeport finds 344 | |
401 | 435 | a violation by a municipality [within such judicial district] of any 345 | |
402 | 436 | provision of this section, such court shall order appropriate remedies 346 | |
403 | 437 | that are tailored to address such violation in such municipality and to 347 | |
404 | 438 | ensure protected class members have equitable opportunities to fully 348 | |
405 | 439 | participate in the political process and that can be implemented in a 349 | |
406 | 440 | manner that will not unduly disrupt the administration of an ongoing 350 | |
407 | 441 | or imminent election. Such court shall take into account the ability of 351 | |
408 | 442 | officials who administer elections in such municipality to implement 352 | |
409 | 443 | any change to voting for an ongoing or imminent election in a manner 353 | |
410 | - | that is orderly and fiscally sound, and shall not order any remedy that 354 Substitute Bill No. 7230 | |
411 | - | ||
412 | - | ||
413 | - | LCO 12 of 17 | |
414 | - | ||
444 | + | that is orderly and fiscally sound, and shall not order any remedy that 354 | |
415 | 445 | contravenes the Constitution of Connecticut. Appropriate remedies 355 | |
416 | 446 | may include, but need not be limited to: (A) A district-based method of 356 | |
417 | 447 | election; (B) an alternative method of election; (C) new or revised 357 | |
418 | 448 | districting or redistricting plans; (D) elimination of staggered elections 358 | |
419 | 449 | so that all members of the legislative body are elected at the same time; 359 | |
420 | 450 | (E) reasonably increasing the size of the legislative body; (F) additional 360 | |
421 | 451 | voting days or hours; (G) additional polling places; (H) additional 361 | |
422 | 452 | means of voting, such as voting by mail, or additional opportunities to 362 | |
423 | 453 | return ballots; (I) holding of special elections; (J) expanded 363 | |
424 | 454 | opportunities for admission of electors; (K) additional elector education; 364 | |
425 | 455 | (L) the restoration or addition of individuals to registry lists; or (M) 365 | |
426 | 456 | retaining jurisdiction for such period of time as the court may deem 366 | |
427 | 457 | appropriate, during which period no qualification for eligibility to be an 367 | |
428 | 458 | elector or prerequisite to voting, or standard, practice or procedure with 368 | |
429 | 459 | respect to voting, that is different from that which was in effect at the 369 | |
430 | 460 | time an action under subsection (d) of this section was commenced shall 370 | |
431 | 461 | be enforced unless the court finds that such qualification, prerequisite, 371 | |
462 | + | Raised Bill No. 7230 | |
463 | + | ||
464 | + | ||
465 | + | ||
466 | + | LCO No. 6375 13 of 26 | |
467 | + | ||
432 | 468 | standard, practice or procedure does not have the purpose, and will not 372 | |
433 | 469 | have the effect, of impairing the right to vote on the basis of protected 373 | |
434 | 470 | class membership or in contravention of the guarantees with respect to 374 | |
435 | 471 | such right that are set forth in sections 9-368j to 9-368q, inclusive, as 375 | |
436 | 472 | amended by this act, provided, in any action brought pursuant to 376 | |
437 | 473 | chapter 149, any remedy ordered shall be consistent with the provisions 377 | |
438 | 474 | of said chapter. Notwithstanding the provisions of subparagraph (M) of 378 | |
439 | 475 | this subdivision, any such finding by the court shall not be a bar to any 379 | |
440 | 476 | subsequent action to enjoin enforcement of such qualification, 380 | |
441 | 477 | prerequisite, standard, practice or procedure. 381 | |
442 | 478 | Sec. 10. Subparagraphs (E) and (F) of subdivision (2) of subsection (g) 382 | |
443 | 479 | of section 9-368j of the general statutes are repealed and the following is 383 | |
444 | 480 | substituted in lieu thereof (Effective July 1, 2025, and applicable to actions 384 | |
445 | 481 | brought on or after July 1, 2025): 385 | |
446 | 482 | (E) If, pursuant to the provisions of this subsection, a municipality 386 | |
447 | 483 | enacts or implements a remedy or the Secretary of the State approves a 387 | |
448 | - | proposed remedy, a party who sent a notification letter described in 388 Substitute Bill No. 7230 | |
449 | - | ||
450 | - | ||
451 | - | LCO 13 of 17 | |
452 | - | ||
484 | + | proposed remedy, a party who sent a notification letter described in 388 | |
453 | 485 | subdivision (1) of this subsection regarding a potential violation that is 389 | |
454 | 486 | related to such remedy may, not later than thirty days after such 390 | |
455 | 487 | enactment, implementation or approval, submit a claim for 391 | |
456 | 488 | reimbursement from such municipality for the costs associated with 392 | |
457 | 489 | producing and sending such notification letter. Such party shall submit 393 | |
458 | 490 | such claim in writing and substantiate such claim with financial 394 | |
459 | 491 | documentation, including a detailed invoice for any demography 395 | |
460 | 492 | services or analysis of voting patterns in such municipality. Upon 396 | |
461 | 493 | receipt of any such claim, such municipality may request additional 397 | |
462 | 494 | financial documentation if that which has been provided by such party 398 | |
463 | 495 | is insufficient to substantiate such costs. Such municipality shall 399 | |
464 | 496 | reimburse such party for reasonable costs claimed or for an amount to 400 | |
465 | 497 | which such party and such municipality agree, except that the 401 | |
466 | 498 | cumulative amount of any such reimbursements to all such parties other 402 | |
467 | 499 | than the Secretary of the State shall not exceed fifty thousand dollars, 403 | |
468 | 500 | adjusted in accordance with any change in the consumer price index for 404 | |
501 | + | Raised Bill No. 7230 | |
502 | + | ||
503 | + | ||
504 | + | ||
505 | + | LCO No. 6375 14 of 26 | |
506 | + | ||
469 | 507 | all urban consumers as published by the United States Department of 405 | |
470 | 508 | Labor, Bureau of Labor Statistics. If any such party and such 406 | |
471 | 509 | municipality fail to agree to a reimbursement amount, either such party 407 | |
472 | 510 | or such municipality may file an action for a declaratory judgment with 408 | |
473 | 511 | the superior court for the judicial district [in which such municipality is 409 | |
474 | 512 | located] of Hartford or for the judicial district of Bridgeport for a 410 | |
475 | 513 | clarification of rights. 411 | |
476 | 514 | (F) (i) Notwithstanding the provisions of this subsection, a party 412 | |
477 | 515 | described in subsection (d) of this section may seek preliminary relief 413 | |
478 | 516 | for a regular election held in a municipality by filing an action pursuant 414 | |
479 | 517 | to this section during the one hundred twenty days prior to such regular 415 | |
480 | 518 | election. Not later than the filing of such action, such party shall send a 416 | |
481 | 519 | notification letter described in subdivision (1) of this subsection to such 417 | |
482 | 520 | municipality. In the event any such action is withdrawn or dismissed as 418 | |
483 | 521 | being moot as a result of such municipality's enactment or 419 | |
484 | 522 | implementation of a remedy, or the approval by the Secretary of the 420 | |
485 | 523 | State of a proposed remedy, any such party may only submit a claim for 421 | |
486 | - | reimbursement in accordance with the provisions of subparagraph (E) 422 Substitute Bill No. 7230 | |
487 | - | ||
488 | - | ||
489 | - | LCO 14 of 17 | |
490 | - | ||
524 | + | reimbursement in accordance with the provisions of subparagraph (E) 422 | |
491 | 525 | of this subdivision. 423 | |
492 | 526 | (ii) In the case of preliminary relief sought pursuant to subparagraph 424 | |
493 | 527 | (F)(i) of this subdivision by a party described in subsection (d) of this 425 | |
494 | 528 | section, the superior court for the judicial district [in which such 426 | |
495 | 529 | municipality is located] of Hartford or for the judicial district of 427 | |
496 | 530 | Bridgeport shall grant such relief if such court determines that (I) such 428 | |
497 | 531 | party has shown a substantial likelihood of success on the merits, and 429 | |
498 | 532 | (II) it is possible to implement an appropriate remedy that would 430 | |
499 | 533 | resolve the violation alleged under this section prior to such election in 431 | |
500 | 534 | a manner that will not unduly disrupt such election. 432 | |
501 | 535 | Sec. 11. Subsection (g) of section 9-368l of the general statutes is 433 | |
502 | 536 | repealed and the following is substituted in lieu thereof (Effective July 1, 434 | |
503 | 537 | 2025, and applicable to actions brought on or after July 1, 2025): 435 | |
538 | + | Raised Bill No. 7230 | |
539 | + | ||
540 | + | ||
541 | + | ||
542 | + | LCO No. 6375 15 of 26 | |
543 | + | ||
504 | 544 | (g) Any individual aggrieved by a violation of this section, any 436 | |
505 | 545 | organization whose membership includes individuals aggrieved by 437 | |
506 | 546 | such a violation or the Secretary of the State may file an action alleging 438 | |
507 | 547 | a violation of this section in the superior court for the judicial district [in 439 | |
508 | 548 | which such violation has occurred] of Hartford or for the judicial district 440 | |
509 | 549 | of Bridgeport, except that no determination of the Secretary under this 441 | |
510 | 550 | section to designate a municipality or a language for the provision of 442 | |
511 | 551 | assistance shall constitute a violation of this section. 443 | |
512 | 552 | Sec. 12. Subsection (a) of section 9-368m of the general statutes is 444 | |
513 | 553 | repealed and the following is substituted in lieu thereof (Effective July 1, 445 | |
514 | 554 | 2025, and applicable to actions brought on or after July 1, 2025): 446 | |
515 | 555 | (a) In accordance with the provisions of this section, the enactment or 447 | |
516 | 556 | implementation of a covered policy, as described in subsection (b) of this 448 | |
517 | 557 | section, by a covered jurisdiction, as described in subsection (c) of this 449 | |
518 | 558 | section, shall be subject to preclearance, as described in subsections (e) 450 | |
519 | 559 | and (f) of this section, by the Secretary of the State or the superior court 451 | |
520 | 560 | for the judicial district [in which such covered jurisdiction is located] of 452 | |
521 | - | Hartford or for the judicial district of Bridgeport. 453 Substitute Bill No. 7230 | |
522 | - | ||
523 | - | ||
524 | - | LCO 15 of 17 | |
525 | - | ||
561 | + | Hartford or for the judicial district of Bridgeport. 453 | |
526 | 562 | Sec. 13. Subdivision (1) of subsection (f) of section 9-368m of the 454 | |
527 | 563 | general statutes is repealed and the following is substituted in lieu 455 | |
528 | 564 | thereof (Effective July 1, 2025, and applicable to actions brought on or after 456 | |
529 | 565 | July 1, 2025): 457 | |
530 | 566 | (f) (1) If a covered jurisdiction seeks preclearance from the superior 458 | |
531 | 567 | court for the judicial district [in which such covered jurisdiction is 459 | |
532 | 568 | located] of Hartford or for the judicial district of Bridgeport for the 460 | |
533 | 569 | adoption or implementation of any covered policy, in lieu of seeking 461 | |
534 | 570 | such preclearance from the Secretary of the State pursuant to subsection 462 | |
535 | 571 | (e) of this section, such covered jurisdiction shall submit, in writing, 463 | |
536 | 572 | such covered policy to such court and may obtain such preclearance in 464 | |
537 | 573 | accordance with the provisions of this subsection, provided (A) such 465 | |
538 | 574 | covered jurisdiction shall also contemporaneously transmit to the 466 | |
575 | + | Raised Bill No. 7230 | |
576 | + | ||
577 | + | ||
578 | + | ||
579 | + | LCO No. 6375 16 of 26 | |
580 | + | ||
539 | 581 | Secretary of the State a copy of such submission, and (B) failure to so 467 | |
540 | 582 | provide such copy shall result in an automatic denial of such 468 | |
541 | 583 | preclearance. Notwithstanding the transmission to the Secretary of a 469 | |
542 | 584 | copy of any such submission, the court shall exercise exclusive 470 | |
543 | 585 | jurisdiction over such submission. The covered jurisdiction shall bear 471 | |
544 | 586 | the burden of proof in the court's determination as to preclearance. 472 | |
545 | 587 | Sec. 14. Subsection (g) of section 9-368m of the general statutes is 473 | |
546 | 588 | repealed and the following is substituted in lieu thereof (Effective July 1, 474 | |
547 | 589 | 2025, and applicable to actions brought on or after July 1, 2025): 475 | |
548 | 590 | (g) If any covered jurisdiction enacts or implements any covered 476 | |
549 | 591 | policy without obtaining preclearance for such covered policy in 477 | |
550 | 592 | accordance with the provisions of this section, the Secretary of the State 478 | |
551 | 593 | or any party described in subsection (d) of section 9-368j, as amended 479 | |
552 | 594 | by this act, may file an action in the superior court for the judicial district 480 | |
553 | 595 | [in which such covered jurisdiction is located] of Hartford or for the 481 | |
554 | 596 | judicial district of Bridgeport to enjoin such enactment or 482 | |
555 | 597 | implementation and seek sanctions against such covered jurisdiction for 483 | |
556 | 598 | violations of this section. 484 | |
557 | - | Sec. 15. Subdivision (1) of subsection (c) of section 9-368n of the 485 Substitute Bill No. 7230 | |
558 | - | ||
559 | - | ||
560 | - | LCO 16 of 17 | |
561 | - | ||
599 | + | Sec. 15. Subdivision (1) of subsection (c) of section 9-368n of the 485 | |
562 | 600 | general statutes is repealed and the following is substituted in lieu 486 | |
563 | 601 | thereof (Effective July 1, 2025, and applicable to actions brought on or after 487 | |
564 | 602 | July 1, 2025): 488 | |
565 | 603 | (c) (1) Any individual aggrieved by a violation of this section or any 489 | |
566 | 604 | organization whose membership includes individuals aggrieved by 490 | |
567 | 605 | such a violation may file an action alleging a violation of this section in 491 | |
568 | 606 | the superior court for the judicial district [in which such violation has 492 | |
569 | 607 | occurred] of Hartford or for the judicial district of Bridgeport. Such an 493 | |
570 | 608 | action may be filed irrespective of any action that may be filed by the 494 | |
571 | 609 | State Elections Enforcement Commission, the Attorney General or the 495 | |
572 | 610 | State's Attorney as a result of such a violation. 496 | |
611 | + | Sec. 16. Section 9-453e of the general statutes is repealed and the 497 | |
612 | + | Raised Bill No. 7230 | |
613 | + | ||
614 | + | ||
615 | + | ||
616 | + | LCO No. 6375 17 of 26 | |
617 | + | ||
618 | + | following is substituted in lieu thereof (Effective July 1, 2025): 498 | |
619 | + | Each circulator of a nominating petition page shall be a United States 499 | |
620 | + | citizen [,] and at least eighteen years of age, [and a resident of a town in 500 | |
621 | + | this state] and shall not be on parole for conviction of a felony. Any 501 | |
622 | + | individual proposed as a candidate in any nominating petition may 502 | |
623 | + | serve as circulator of the pages of such nominating petition. 503 | |
624 | + | Sec. 17. Section 9-453j of the general statutes is repealed and the 504 | |
625 | + | following is substituted in lieu thereof (Effective July 1, 2025): 505 | |
626 | + | Each page of a nominating petition submitted to the town clerk or 506 | |
627 | + | [the] Secretary of the State and filed with the Secretary of the State under 507 | |
628 | + | the provisions of sections 9-453a to 9-453s, inclusive, or section 9-216 508 | |
629 | + | shall contain a statement as to the residency [in this state] and eligibility 509 | |
630 | + | of the circulator and as to the authenticity of the signatures thereon, 510 | |
631 | + | signed under [penalties] penalty of false statement, by the person who 511 | |
632 | + | circulated the same. Such statement shall set forth (1) [such] the 512 | |
633 | + | circulator's residence address, including the town [in this state] in which 513 | |
634 | + | [such] the circulator is a resident, (2) if the circulator is not a resident in 514 | |
635 | + | this state, that the circulator agrees to submit to the jurisdiction of this 515 | |
636 | + | state in any case or controversy arising out of or related to the circulation 516 | |
637 | + | of a petition pursuant to this subpart, (3) the circulator's date of birth 517 | |
638 | + | and that the circulator is at least eighteen years of age, [(3)] (4) that the 518 | |
639 | + | circulator is a United States citizen and not on parole for conviction of a 519 | |
640 | + | felony, and [(4)] (5) that each person whose name appears on such page 520 | |
641 | + | signed the same in person in the presence of [such] the circulator and 521 | |
642 | + | that either the circulator knows each such signer or that the signer 522 | |
643 | + | satisfactorily identified [himself] such signer to the circulator. Any false 523 | |
644 | + | statement committed with respect to such statement shall be deemed to 524 | |
645 | + | have been committed in the town in which the petition was circulated. 525 | |
646 | + | Sec. 18. Subsections (a) and (b) of section 9-453k of the general statutes 526 | |
647 | + | are repealed and the following is substituted in lieu thereof (Effective July 527 | |
648 | + | 1, 2025): 528 | |
649 | + | Raised Bill No. 7230 | |
650 | + | ||
651 | + | ||
652 | + | ||
653 | + | LCO No. 6375 18 of 26 | |
654 | + | ||
655 | + | (a) The town clerk or Secretary of the State shall not accept any page 529 | |
656 | + | of a nominating petition unless the circulator thereof has signed before 530 | |
657 | + | [him] the clerk or Secretary, or an appropriate person as provided in 531 | |
658 | + | section 1-29, the statement as to the residency [in this state] and 532 | |
659 | + | eligibility of the circulator and as to the authenticity of the signatures 533 | |
660 | + | thereon required by section 9-453j, as amended by this act. 534 | |
661 | + | (b) The town clerk or Secretary of the State, or an appropriate person 535 | |
662 | + | as provided in section 1-29, shall certify on each such page that the 536 | |
663 | + | circulator thereof signed such statement in [his] the presence of the 537 | |
664 | + | clerk, Secretary or appropriate person, as applicable, and that either [he] 538 | |
665 | + | the clerk, Secretary or appropriate person, as applicable, knows the 539 | |
666 | + | circulator or that the circulator satisfactorily identified [himself] such 540 | |
667 | + | circulator to the individual so certifying. 541 | |
668 | + | Sec. 19. Section 9-453o of the general statutes is repealed and the 542 | |
669 | + | following is substituted in lieu thereof (Effective July 1, 2025): 543 | |
670 | + | (a) The Secretary of the State may not count, for purposes of 544 | |
671 | + | determining compliance with the number of signatures required by 545 | |
672 | + | section 9-453d, the signatures certified by the town clerk on any petition 546 | |
673 | + | page filed under sections 9-453a to 9-453s, inclusive, or 9-216 if: (1) The 547 | |
674 | + | name of the candidate, [his] such candidate's address or the party 548 | |
675 | + | designation, if any, has been omitted from the face of the petition; (2) the 549 | |
676 | + | page does not contain a statement by the circulator as to the residency 550 | |
677 | + | [in this state] and eligibility of the circulator and as to the authenticity 551 | |
678 | + | of the signatures thereon as required by section 9-453j, as amended by 552 | |
679 | + | this act, or upon which such statement of the circulator is incomplete in 553 | |
680 | + | any respect; or (3) the page does not contain the certifications required 554 | |
681 | + | by sections 9-453a to 9-453s, inclusive, by the town clerk of the town in 555 | |
682 | + | which the signers reside. The town clerk shall cure any omission on [his] 556 | |
683 | + | the clerk's part by signing any such page at the office of the Secretary of 557 | |
684 | + | the State and making the necessary amendment or by filing a separate 558 | |
685 | + | statement in this regard, which amendment shall be dated. 559 | |
686 | + | Raised Bill No. 7230 | |
687 | + | ||
688 | + | ||
689 | + | ||
690 | + | LCO No. 6375 19 of 26 | |
691 | + | ||
692 | + | (b) Except as otherwise provided in this subsection, the Secretary of 560 | |
693 | + | the State shall approve [every] each nominating petition which contains 561 | |
694 | + | sufficient signatures counted and certified on approved pages by the 562 | |
695 | + | town clerks. In the case of a candidate who petitions under a reserved 563 | |
696 | + | party designation the Secretary shall approve the petition only if it 564 | |
697 | + | meets the signature requirement and if a statement endorsing such 565 | |
698 | + | candidate is filed with the Secretary by the party designation committee 566 | |
699 | + | not later than four o'clock p.m. on the sixty-second day before the 567 | |
700 | + | election. In the case of a candidate who petitions under a party 568 | |
701 | + | designation which is the same as the name of a minor party the Secretary 569 | |
702 | + | shall approve the petition only if it meets the signature requirement and 570 | |
703 | + | if a statement endorsing such candidate is filed in the office of the 571 | |
704 | + | Secretary by the chairman or secretary of such minor party not later than 572 | |
705 | + | four o'clock p.m. on the sixty-second day before the election. No 573 | |
706 | + | candidate shall be qualified to appear on any ballot by nominating 574 | |
707 | + | petition unless the candidate's petition is approved by the Secretary 575 | |
708 | + | pursuant to this subsection. 576 | |
709 | + | (c) The Secretary of the State may approve a nominating petition 577 | |
710 | + | received under section 9-453k, as amended by this act, at any time 578 | |
711 | + | except such approval shall be withdrawn if sufficient signatures are 579 | |
712 | + | withdrawn under section 9-453h. 580 | |
713 | + | Sec. 20. Subsections (c) and (d) of section 9-404b of the general statutes 581 | |
714 | + | are repealed and the following is substituted in lieu thereof (Effective July 582 | |
715 | + | 1, 2025): 583 | |
716 | + | (c) The names of enrolled party members signing a primary petition 584 | |
717 | + | may be on several pages, provided no person shall sign more than one 585 | |
718 | + | petition page for the same candidate or candidates. Any person who 586 | |
719 | + | signs a name other than the person's own to a primary petition filed 587 | |
720 | + | under the provisions of this section or who signs a name other than the 588 | |
721 | + | person's own as circulator of such petition shall be fined not more than 589 | |
722 | + | one hundred dollars or imprisoned not more than one year, or both. 590 | |
723 | + | Each such page shall indicate the candidate or candidates supported, 591 | |
724 | + | Raised Bill No. 7230 | |
725 | + | ||
726 | + | ||
727 | + | ||
728 | + | LCO No. 6375 20 of 26 | |
729 | + | ||
730 | + | the offices sought and the political party for which nomination is being 592 | |
731 | + | sought. No page of such a petition shall contain the names of enrolled 593 | |
732 | + | party members residing in different municipalities and any petition 594 | |
733 | + | page that has been certified by the registrars of voters of two or more 595 | |
734 | + | municipalities shall be rejected by the Secretary. Withdrawal of petition 596 | |
735 | + | signatures shall not be permitted. 597 | |
736 | + | (d) [Each] Any person qualified to vote under the laws of any state or 598 | |
737 | + | territory of the United States may be a circulator of a primary petition 599 | |
738 | + | page [shall be] if such person (1) is an enrolled party member of a 600 | |
739 | + | municipality in this state, [. Each] or (2) agrees to submit to the 601 | |
740 | + | jurisdiction of this state in any case or controversy arising out of or 602 | |
741 | + | related to the circulation of a primary petition. For any circulator 603 | |
742 | + | described in subdivision (1) of this subsection, each petition page shall 604 | |
743 | + | contain a statement signed by the registrar of voters of the municipality 605 | |
744 | + | in which the circulator is an enrolled party member attesting that the 606 | |
745 | + | circulator is an enrolled party member in the municipality. For any 607 | |
746 | + | circulator described in subdivision (2) of this subsection, each petition 608 | |
747 | + | page shall contain a statement signed by the circulator that the circulator 609 | |
748 | + | agrees to submit to the jurisdiction of this state in any case or 610 | |
749 | + | controversy arising out of or related to the circulation of a primary 611 | |
750 | + | petition, which signed statement shall be attested to by the registrar of 612 | |
751 | + | voters of the municipality in which such page was circulated. Unless 613 | |
752 | + | such [a] an attested statement by the registrar of voters appears on each 614 | |
753 | + | page so submitted, the Secretary shall reject the page. Each separate 615 | |
754 | + | page of the petition shall contain a statement as to the authenticity of the 616 | |
755 | + | signatures on the page and the number of such signatures, and shall be 617 | |
756 | + | signed under the [penalties] penalty of false statement by the person 618 | |
757 | + | who circulated the page, setting forth the circulator's address and the 619 | |
758 | + | town in which the circulator is an enrolled party member and attesting 620 | |
759 | + | that each person whose name appears on the page signed the petition in 621 | |
760 | + | person in the presence of the circulator, that the circulator either knows 622 | |
761 | + | each such signer or that the signer satisfactorily identified [himself or 623 | |
762 | + | herself] such signer to the circulator and that the spaces for candidates 624 | |
763 | + | Raised Bill No. 7230 | |
764 | + | ||
765 | + | ||
766 | + | ||
767 | + | LCO No. 6375 21 of 26 | |
768 | + | ||
769 | + | supported, offices sought and the political party involved were filled in 625 | |
770 | + | prior to the obtaining of the signatures. Each separate page of the 626 | |
771 | + | petition shall also be acknowledged before an appropriate person as 627 | |
772 | + | provided in section 1-29. The Secretary shall reject any page of a petition 628 | |
773 | + | filed with the Secretary which does not contain such a statement by the 629 | |
774 | + | circulator as to the authenticity of the signatures on the page, or upon 630 | |
775 | + | which the statement of the circulator is incomplete in any respect, or 631 | |
776 | + | which does not contain the [certification] attested statement required 632 | |
777 | + | under this section by the registrar of voters of the town in which the 633 | |
778 | + | circulator is an enrolled party member or in which the page was 634 | |
779 | + | circulated. Any individual proposed as a candidate in any primary 635 | |
780 | + | petition may serve as a circulator of the pages of the petition, provided 636 | |
781 | + | the individual's service as circulator does not violate any provision of 637 | |
782 | + | this section. 638 | |
783 | + | Sec. 21. Section 9-410 of the general statutes is repealed and the 639 | |
784 | + | following is substituted in lieu thereof (Effective July 1, 2025): 640 | |
785 | + | (a) The petition form for candidacies for nomination to municipal 641 | |
786 | + | office or for election as members of town committees shall be prescribed 642 | |
787 | + | by the Secretary of the State and provided by the registrar of voters of 643 | |
788 | + | the municipality in which the candidacy is to be filed or duplicate 644 | |
789 | + | petition pages shall be produced in accordance with section 9-409, and 645 | |
790 | + | signatures shall be obtained only on such forms or such duplicate 646 | |
791 | + | petition pages. Such form shall include, at the top of the form and in 647 | |
792 | + | bold print, the following: 648 | |
793 | + | WARNING 649 | |
794 | + | IT IS A CRIME TO SIGN THIS PETITION 650 | |
795 | + | IN THE NAME OF ANOTHER PERSON 651 | |
796 | + | WITHOUT LEGAL AUTHORITY TO DO SO 652 | |
797 | + | AND YOU MAY NOT SIGN THIS PETITION 653 | |
798 | + | Raised Bill No. 7230 | |
799 | + | ||
800 | + | ||
801 | + | ||
802 | + | LCO No. 6375 22 of 26 | |
803 | + | ||
804 | + | IF YOU ARE NOT AN ELECTOR. 654 | |
805 | + | The form shall include thereon a statement of instructions to persons 655 | |
806 | + | using the form and shall indicate the date and time by which it shall be 656 | |
807 | + | filed and the person with whom it shall be filed. The form shall provide 657 | |
808 | + | spaces for the names and addresses of the candidates, the offices to 658 | |
809 | + | which nomination is sought or the positions to which election is sought 659 | |
810 | + | and the political party holding the primary, and shall provide lines for 660 | |
811 | + | the signatures, street addresses, dates of birth and the printing of the 661 | |
812 | + | names of enrolled party members supporting the person or persons on 662 | |
813 | + | behalf of whose candidacy the petition is used. Only as many candidates 663 | |
814 | + | may be proposed in any one primary petition for the same office or 664 | |
815 | + | position as are to be nominated or chosen by such party for such office 665 | |
816 | + | or position; but any one primary petition may propose as many 666 | |
817 | + | candidates for different offices or positions as there are nominations to 667 | |
818 | + | be made or positions to be filled. 668 | |
819 | + | (b) The names of enrolled party members signing a primary petition 669 | |
820 | + | need not all be on one sheet but may be on several sheets, but no person 670 | |
821 | + | shall sign more than one petition page for the same candidate or 671 | |
822 | + | candidates. Any person who signs a name other than the person's own 672 | |
823 | + | to a primary petition filed under the provisions of this section or who 673 | |
824 | + | signs a name other than the person's own as circulator of such a petition 674 | |
825 | + | shall be fined not more than one hundred dollars or imprisoned not 675 | |
826 | + | more than one year or both. Each such sheet shall indicate the candidate 676 | |
827 | + | or candidates supported, the offices or positions sought and the political 677 | |
828 | + | party the nomination of which is sought or which is holding the primary 678 | |
829 | + | for election of town committee members. No page of such a petition 679 | |
830 | + | shall contain the names of enrolled party members residing in different 680 | |
831 | + | municipalities and any page thereof which has been certified by the 681 | |
832 | + | registrars of voters of two or more municipalities shall be rejected by the 682 | |
833 | + | registrar of voters. Withdrawal of petition signatures shall not be 683 | |
834 | + | permitted. 684 | |
835 | + | (c) [Each] Any person qualified to vote under the laws of any state or 685 | |
836 | + | Raised Bill No. 7230 | |
837 | + | ||
838 | + | ||
839 | + | ||
840 | + | LCO No. 6375 23 of 26 | |
841 | + | ||
842 | + | territory of the United States may be a circulator of a primary petition 686 | |
843 | + | page [shall be] if such person (1) is an enrolled party member of a 687 | |
844 | + | municipality in this state, [who is entitled to vote. Each] or (2) agrees to 688 | |
845 | + | submit to the jurisdiction of this state in any case or controversy arising 689 | |
846 | + | out of or related to the circulation of a primary petition. For any 690 | |
847 | + | circulator described in subdivision (1) of this subsection, each petition 691 | |
848 | + | page shall contain a statement signed by the registrar of voters of the 692 | |
849 | + | municipality in which such circulator is an enrolled party member 693 | |
850 | + | attesting that the circulator is an enrolled party member in such 694 | |
851 | + | municipality. For any circulator described in subdivision (2) of this 695 | |
852 | + | subsection, each petition page shall contain a statement signed by the 696 | |
853 | + | circulator that the circulator agrees to submit to the jurisdiction of this 697 | |
854 | + | state in any case or controversy arising out of or related to the circulation 698 | |
855 | + | of a primary petition, which signed statement shall be attested to by the 699 | |
856 | + | registrar of voters of the municipality in which such page was 700 | |
857 | + | circulated. Unless such [a] an attested statement by the registrar of 701 | |
858 | + | voters appears on each page so submitted, the registrar of voters shall 702 | |
859 | + | reject such page. No candidate for the nomination of a party for a 703 | |
860 | + | municipal office or the position of town committee member shall 704 | |
861 | + | circulate any petition for another candidate or another group of 705 | |
862 | + | candidates contained in one primary petition for the nomination of such 706 | |
863 | + | party for the same office or position, and any petition page circulated in 707 | |
864 | + | violation of this provision shall be rejected by the registrar of voters. No 708 | |
865 | + | person shall circulate petitions for more than the maximum number of 709 | |
866 | + | candidates to be nominated by a party for the same office or position, 710 | |
867 | + | and any petition page circulated in violation of this provision shall be 711 | |
868 | + | rejected by the registrar of voters. Each separate sheet of such petition 712 | |
869 | + | shall contain a statement as to the authenticity of the signatures thereon 713 | |
870 | + | and the number of such signatures, and shall be signed under the 714 | |
871 | + | [penalties] penalty of false statement by the person who circulated the 715 | |
872 | + | same, setting forth such circulator's address and the town in which such 716 | |
873 | + | circulator is an enrolled party member and attesting that each person 717 | |
874 | + | whose name appears on such sheet signed the same in person in the 718 | |
875 | + | presence of such circulator, that the circulator either knows each such 719 | |
876 | + | Raised Bill No. 7230 | |
877 | + | ||
878 | + | ||
879 | + | ||
880 | + | LCO No. 6375 24 of 26 | |
881 | + | ||
882 | + | signer or that the signer satisfactorily identified [the] such signer to the 720 | |
883 | + | circulator and that the spaces for candidates supported, offices or 721 | |
884 | + | positions sought and the political party involved were filled in prior to 722 | |
885 | + | the obtaining of the signatures. Each separate sheet of such petition shall 723 | |
886 | + | also be acknowledged before an appropriate person as provided in 724 | |
887 | + | section 1-29. Any sheet of a petition filed with the registrar of voters 725 | |
888 | + | which does not contain such a statement by the circulator as to the 726 | |
889 | + | authenticity of the signatures thereon, or upon which the statement of 727 | |
890 | + | the circulator is incomplete in any respect, or which does not contain the 728 | |
891 | + | [certification hereinbefore required] attested statement required under 729 | |
892 | + | this section by the registrar of voters of the town in which the circulator 730 | |
893 | + | is an enrolled party member or in which the page was circulated, shall 731 | |
894 | + | be rejected by the registrar of voters. Any individual proposed as a 732 | |
895 | + | candidate in any primary petition may serve as a circulator of the pages 733 | |
896 | + | of such petition, provided such individual's service as circulator does 734 | |
897 | + | not violate any provision of this section. 735 | |
573 | 898 | This act shall take effect as follows and shall amend the following | |
574 | 899 | sections: | |
575 | 900 | ||
576 | 901 | Section 1 July 1, 2025, and | |
577 | 902 | applicable to complaints | |
578 | 903 | brought on or after July 1, | |
579 | 904 | 2025 | |
580 | 905 | 9-324 | |
581 | 906 | Sec. 2 July 1, 2025, and | |
582 | 907 | applicable to complaints | |
583 | 908 | brought on or after July 1, | |
584 | 909 | 2025 | |
585 | 910 | 9-325 | |
586 | 911 | Sec. 3 July 1, 2025, and | |
587 | 912 | applicable to complaints | |
588 | 913 | brought on or after July 1, | |
589 | 914 | 2025 | |
590 | 915 | 9-328 | |
591 | 916 | Sec. 4 July 1, 2025, and | |
592 | 917 | applicable to complaints | |
593 | 918 | brought on or after July 1, | |
594 | 919 | 2025 | |
595 | 920 | 9-329a | |
921 | + | Raised Bill No. 7230 | |
922 | + | ||
923 | + | ||
924 | + | ||
925 | + | LCO No. 6375 25 of 26 | |
926 | + | ||
596 | 927 | Sec. 5 July 1, 2025, and | |
597 | 928 | applicable to complaints | |
598 | 929 | brought on or after July 1, | |
599 | 930 | 2025 | |
600 | 931 | 9-329b | |
601 | 932 | Sec. 6 July 1, 2025, and | |
602 | 933 | applicable to actions | |
603 | 934 | brought on or after July 1, | |
604 | 935 | 2025 | |
605 | - | 9-368j(b)(2)(B) Substitute Bill No. 7230 | |
606 | - | ||
607 | - | ||
608 | - | LCO 17 of 17 | |
609 | - | ||
936 | + | 9-368j(b)(2)(B) | |
610 | 937 | Sec. 7 July 1, 2025, and | |
611 | 938 | applicable to actions | |
612 | 939 | brought on or after July 1, | |
613 | 940 | 2025 | |
614 | 941 | 9-368j(c)(1) | |
615 | 942 | Sec. 8 July 1, 2025, and | |
616 | 943 | applicable to actions | |
617 | 944 | brought on or after July 1, | |
618 | 945 | 2025 | |
619 | 946 | 9-368j(d) | |
620 | 947 | Sec. 9 July 1, 2025, and | |
621 | 948 | applicable to actions | |
622 | 949 | brought on or after July 1, | |
623 | 950 | 2025 | |
624 | 951 | 9-368j(e)(1) | |
625 | 952 | Sec. 10 July 1, 2025, and | |
626 | 953 | applicable to actions | |
627 | 954 | brought on or after July 1, | |
628 | 955 | 2025 | |
629 | 956 | 9-368j(g)(2)(E) and (F) | |
630 | 957 | Sec. 11 July 1, 2025, and | |
631 | 958 | applicable to actions | |
632 | 959 | brought on or after July 1, | |
633 | 960 | 2025 | |
634 | 961 | 9-368l(g) | |
635 | 962 | Sec. 12 July 1, 2025, and | |
636 | 963 | applicable to actions | |
637 | 964 | brought on or after July 1, | |
638 | 965 | 2025 | |
639 | 966 | 9-368m(a) | |
640 | 967 | Sec. 13 July 1, 2025, and | |
641 | 968 | applicable to actions | |
642 | 969 | brought on or after July 1, | |
643 | 970 | 2025 | |
644 | 971 | 9-368m(f)(1) | |
645 | 972 | Sec. 14 July 1, 2025, and | |
646 | 973 | applicable to actions | |
647 | 974 | brought on or after July 1, | |
648 | 975 | 2025 | |
649 | 976 | 9-368m(g) | |
977 | + | Raised Bill No. 7230 | |
978 | + | ||
979 | + | ||
980 | + | ||
981 | + | LCO No. 6375 26 of 26 | |
982 | + | ||
650 | 983 | Sec. 15 July 1, 2025, and | |
651 | 984 | applicable to actions | |
652 | 985 | brought on or after July 1, | |
653 | 986 | 2025 | |
654 | 987 | 9-368n(c)(1) | |
988 | + | Sec. 16 July 1, 2025 9-453e | |
989 | + | Sec. 17 July 1, 2025 9-453j | |
990 | + | Sec. 18 July 1, 2025 9-453k(a) and (b) | |
991 | + | Sec. 19 July 1, 2025 9-453o | |
992 | + | Sec. 20 July 1, 2025 9-404b(c) and (d) | |
993 | + | Sec. 21 July 1, 2025 9-410 | |
655 | 994 | ||
656 | - | GAE Joint Favorable Subst. | |
995 | + | Statement of Purpose: | |
996 | + | To (1) require that certain election-related filings be made in the superior | |
997 | + | court for the judicial district of Hartford or for the judicial district of | |
998 | + | Bridgeport, and (2) bring into compliance with federal case law certain | |
999 | + | state statutes relating to the circulation of nominating and primary | |
1000 | + | petitions. | |
1001 | + | ||
1002 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except | |
1003 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not | |
1004 | + | underlined.] | |
657 | 1005 |