Substitute House Bill No. 6372
AN ACT CONCERNING DIRECT PRIMARIES AND AMENDMENTS TO CERTAIN CAMPAIGN FINANCE STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004) Petition forms for candidacies for nomination by a political party to a state office, as defined in section 9-372 of the general statutes, as amended by this act, or the district office of representative in Congress shall be available from the Secretary of the State beginning on the one hundred fifth day preceding the day of the primary for such state and district offices. Petition forms for candidacies for nomination by a political party to the district office of judge of probate, state senator or state representative shall be available from the Secretary of the State beginning on the day following the close of the district convention held for the purpose of nominating such party's candidate for such office. Any person who requests a petition form shall give the person's name and address and the name, address and office sought of each candidate for whom the petition is being obtained and shall file a statement signed by each such candidate that such candidate consents to be a candidate for such office. Each such candidate shall include on the statement of consent the candidate's name as the candidate authorizes it to appear on the ballot. Upon receiving such information and statement, the Secretary shall type or print on a petition form the name and address of each such candidate, the office sought and the political party holding the primary. The Secretary shall give to any person requesting such form one or more petition pages, suitable for duplication, as the Secretary deems necessary. If the person is requesting the form on behalf of an indigent candidate or a group of indigent candidates listed on the same petition, the Secretary shall give the person the number of original pages that the person requests or the number which the Secretary deems sufficient. An original petition page filled in by the Secretary may be duplicated by or on behalf of the candidate or candidates listed on the page and signatures may be obtained on such duplicates. The duplicates may be filed in the same manner and shall be subject to the same requirements as original petition pages. All information relative to primary petitions shall be a public record.
Sec. 2. (NEW) (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004) (a) The petition form for candidacies for nomination to state or district office shall be prescribed and provided by the Secretary of the State, and signatures shall be obtained only on such form or on duplicate petition pages produced in accordance with the provisions of section 1 of this act. Such form shall include, at the top of the form and in bold print, the following:
WARNING
IT IS A CRIME TO SIGN THIS PETITION
IN THE NAME OF ANOTHER PERSON
WITHOUT LEGAL AUTHORITY TO DO SO
AND YOU MAY NOT SIGN THIS PETITION
IF YOU ARE NOT AN ELECTOR.
The form shall include a statement of instructions to persons using the form and shall indicate the date and time by which it shall be filed and the person with whom it shall be filed. The form shall provide spaces for the names and addresses of the candidates, the offices to which nomination is sought and the political party holding the primary, and shall provide lines for the signatures, street addresses, dates of birth and the printing of the names of enrolled party members supporting the person or persons on behalf of whose candidacy the petition is used.
(b) Only as many candidates may be proposed in any one primary petition for the same office as are to be nominated by such party for such office, but any one primary petition may propose as many candidates for different state offices as there are nominations to be made.
(c) The names of enrolled party members signing a primary petition may be on several pages, provided no person shall sign more than one petition page for the same candidate or candidates. Any person who signs a name other than the person's own to a primary petition filed under the provisions of this section or who signs a name other than the person's own as circulator of such petition shall be fined not more than one hundred dollars or imprisoned not more than one year, or both. Each such page shall indicate the candidate or candidates supported, the offices sought and the political party for which nomination is being sought. No page of such a petition shall contain the names of enrolled party members residing in different municipalities and any petition page that has been certified by the registrars of two or more municipalities shall be rejected by the Secretary. Withdrawal of petition signatures shall not be permitted.
(d) Each circulator of a primary petition page shall be an enrolled party member of a municipality in this state. Each petition page shall contain a statement signed by the registrar of the municipality in which the circulator is an enrolled party member attesting that the circulator is an enrolled party member in the municipality. Unless such a statement by the registrar of voters appears on each page so submitted, the Secretary shall reject the page. Each separate page of the petition shall contain a statement as to the authenticity of the signatures on the page and the number of such signatures, and shall be signed under the penalties of false statement by the person who circulated the page, setting forth the circulator's address and the town in which the circulator is an enrolled party member and attesting that each person whose name appears on the page signed the petition in person in the presence of the circulator, that the circulator either knows each such signer or that the signer satisfactorily identified himself or herself to the circulator and that the spaces for candidates supported, offices sought and the political party involved were filled in prior to the obtaining of the signatures. Each separate page of the petition shall also be acknowledged before an appropriate person as provided in section 1-29 of the general statutes. The Secretary shall reject any page of a petition filed with the Secretary which does not contain such a statement by the circulator as to the authenticity of the signatures on the page, or upon which the statement of the circulator is incomplete in any respect, or which does not contain the certification required under this section by the registrar of the town in which the circulator is an enrolled party member. Any individual proposed as a candidate in any primary petition may serve as a circulator of the pages of the petition, provided the individual's service as circulator does not violate any provision of this section.
Sec. 3. (NEW) (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004) (a) Upon the receipt of any page of a petition proposing a candidacy for a state or district office, the registrar shall forthwith sign and give to the person submitting the petition a receipt, in duplicate, stating the number of pages filed and the date and time of filing. The person or the candidate shall forthwith send one copy of the receipt to the Secretary of the State. The registrar of voters shall indicate on each such petition page the date and time of filing, shall forthwith certify on each such page the number of signers of the page who were enrolled on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be, and shall forthwith file such certified page in person or by mail, as described in section 9-140b of the general statutes, with the Secretary within seven days after receipt of the page. In checking the signatures on primary petition pages, the registrar shall reject any name which does not appear on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be. Such rejection shall be indicated by placing a mark in a manner prescribed by the Secretary before the name rejected. The registrar may place a check mark before each name appearing on the enrollment list to indicate approval but shall place no other mark on the page except as provided in sections 1 to 3, inclusive, of this act and in chapter 153 of the general statutes. The registrar shall not reject any name for which the street address on the petition is different from the street address on the enrollment list, if (1) such person is eligible to vote for the candidate or candidates named in the petition in the municipality of the registrar, and (2) the person's date of birth, as shown on the petition page, is the same as the date of birth on the person's registration record.
(b) Upon the filing of all pages of a petition, the Secretary shall reject any page of the petition which does not contain the certifications required in section 2 of this act or which the Secretary determines to have been circulated in violation of any provision of said section 2, and shall immediately cause the number of certified signatures to be tabulated. Petitions filed with the Secretary shall be preserved for a period of three years and then may be destroyed.
Sec. 4. Subsection (e) of section 9-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(e) The registrars shall file one copy of each such list with the town clerk which copy shall be available for public use in the office of the town clerk until the printing of the next completed, corrected enrollment list; and they shall deliver to the chairman of the town committee of each political party five copies of each such list for each voting district in the town. Upon request the registrars shall give one complete set of such lists to each candidate for nomination for any office or for election as a town committee member. [or delegate to a convention. ] They shall deliver a sufficient number of copies thereof to the moderator of each primary. With each printing the registrars shall retain at least six copies of each such list and such copies shall be available for public use in the office of the registrars until the printing of the next complete, corrected enrollment list. No petition brought under the provisions of section 9-63 shall operate to delay the completion and printing of such lists. If the petition of any elector is granted after any such list has been completed, the registrar or assistant registrar shall issue to such elector a certificate showing that the elector is entitled to the privileges accompanying enrollment in the political party named in the elector's petition.
Sec. 5. Section 9-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
In 1994, 1996, and quadrennially thereafter, two-thirds of the total number of justices of the peace in each town shall be selected in accordance with the provisions of this section. Such percentage shall be rounded down to the nearest whole number of justices of the peace. The political parties which are major parties, as defined in subparagraph (B) of subdivision (5) of section 9-372, as amended by this act, shall each be entitled to nominate an equal number of the total number of justices of the peace to be selected in each town under this section, provided in towns where the number of justices of the peace to be nominated under this section is not divisible by the number of political parties entitled to nominate justices of the peace under this section, the registrars of voters shall determine by lot which of said parties may nominate one more justice of the peace than may be nominated by the other party or parties. Such nomination by such parties shall qualify the nominees to serve as justices of the peace. Such nomination shall be made within the time limits prescribed in section 9-391, as amended by this act, for endorsing candidates for nomination for municipal offices [prior] to be voted upon at a state election, for a term of two years to begin the first Monday of January in 1995, for any such nomination made in 1994, and for a term of four years to begin the first Monday of January in the year succeeding any such nomination made in 1996, or thereafter. Primaries for justices of the peace shall be by slate [as in the case of convention delegates] and shall be held on the same day as primaries for municipal offices to be voted upon at a state election.
Sec. 6. Section 9-183c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
In 1994, 1996, and quadrennially thereafter, when there is a political party which is a major party, as defined in subparagraph (A) of subdivision (5) of section 9-372, but is not a major party, as defined in subparagraph (B) of said subdivision (5), a percentage of the number of justices of the peace in each town selected under section 9-184c shall be selected in accordance with the provisions of this section. Such percentage shall be rounded down to the nearest whole number of justices of the peace. Each such party shall be entitled to nominate twenty per cent of the total number of justices of the peace to be selected in each town under section 9-184c. Such nomination by such parties shall qualify the nominees to serve as justices of the peace. Such nomination shall be made within the time limits prescribed in section 9-391, as amended by this act, for endorsing candidates for nomination for municipal offices [prior] to be voted upon at a state election, for a term of two years to begin the first Monday of January in 1995, for any such nomination made in 1994, and for a term of four years to begin the first Monday of January in the year succeeding any such nomination made in 1996, or thereafter. Primaries for justices of the peace shall be by slate [as in the case of convention delegates] and shall be held on the same day as primaries for municipal offices to be voted upon at a state election.
Sec. 7. Subsection (a) of section 9-329a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Any (1) elector or candidate aggrieved by a ruling of an election official in connection with any primary held pursuant to (A) section 9-423, as amended by this act, [9-424,] 9-425 or 9-464, or (B) [A] a special act, (2) elector or candidate who alleges that there has been a mistake in the count of the votes cast at such primary, or (3) candidate in such a primary who alleges that he is aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at such primary, may bring his complaint to any judge of the Superior Court for appropriate action. In any action brought pursuant to the provisions of this section, the complainant shall send a copy of the complaint by first-class mail, or deliver a copy of the complaint by hand, to the State Elections Enforcement Commission. If such complaint is made prior to such primary such judge shall proceed expeditiously to render judgment on the complaint and shall cause notice of the hearing to be given to the Secretary of the State and the State Elections Enforcement Commission. If such complaint is made subsequent to such primary it shall be brought, within fourteen days after such primary, to any judge of the Superior Court.
Sec. 8. Section 9-329b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
At any time prior to a primary held pursuant to sections 9-423, as amended by this act, [9-424,] 9-425 and 9-464, or a special act or prior to any election, the Superior Court may issue an order removing a candidate from a ballot label where it is shown that said candidate is improperly on the ballot.
Sec. 9. Section 9-333 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
This chapter applies to: (1) The election, and all primaries preliminary thereto, of all public officials, except presidential electors, United States senators and members in Congress, and (2) any referendum question. [, and (3) persons who are candidates in a primary for convention delegates. ] This chapter also applies, except for the provisions of sections 9-333m to 9-333v, inclusive, to persons who are candidates in a primary for town committee members.
Sec. 10. Section 9-333a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
As used in this chapter:
(1) "Committee" means a party committee, political committee or a candidate committee organized, as the case may be, for a single primary, election or referendum, or for ongoing political activities, to aid or promote the success or defeat of any political party, any one or more candidates for public office or the position of [convention delegate or] town committee member or any referendum question.
(2) "Party committee" means a state central committee or a town committee. "Party committee" does not mean a party-affiliated or district, ward or borough committee which receives all of its funds from the state central committee of its party or from a single town committee with the same party affiliation. Any such committee so funded shall be construed to be a part of its state central or town committee for purposes of this chapter.
(3) "Political committee" means (A) a committee organized by a business entity or organization, (B) persons other than individuals, or two or more individuals organized or acting jointly conducting their activities in or outside the state, (C) a committee established by a candidate to determine the particular public office to which he shall seek nomination or election, and referred to in this chapter as an exploratory committee, or (D) a committee established by or on behalf of a slate of candidates in a primary for the [position of convention delegate] office of justice of the peace, but does not mean a candidate committee or a party committee.
(4) "Candidate committee" means any committee designated by a single candidate, or established with the consent, authorization or cooperation of a candidate, for the purpose of a single primary or election and to aid or promote his candidacy alone for a particular public office or the position of town committee member, but does not mean a political committee or a party committee.
(5) "National committee" means the organization which according to the bylaws of a political party is responsible for the day-to-day operation of the party at the national level.
(6) "Organization" means all labor organizations, (A) as defined in the Labor-Management Reporting and Disclosure Act of 1959, as from time to time amended, or (B) as defined in subdivision (9) of section 31-101, employee organizations as defined in subsection (d) of section 5-270 and subdivision (6) of section 7-467, bargaining representative organizations for teachers, any local, state or national organization, to which a labor organization pays membership or per capita fees, based upon its affiliation or membership, and trade or professional associations which receive their funds exclusively from membership dues, whether organized in or outside of this state, but does not mean a candidate committee, party committee or a political committee.
(7) "Business entity" means the following, whether organized in or outside of this state: Stock corporations, banks, insurance companies, business associations, bankers associations, insurance associations, trade or professional associations which receive funds from membership dues and other sources, partnerships, joint ventures, private foundations, as defined in Section 509 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; trusts or estates; corporations organized under sections 38a-175 to 38a-192, inclusive, 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, and chapters 594 to 597, inclusive; cooperatives, and any other association, organization or entity which is engaged in the operation of a business or profit-making activity; but does not include professional service corporations organized under chapter 594a and owned by a single individual, nonstock corporations which are not engaged in business or profit-making activity, organizations, as defined in subdivision (6) of this section, candidate committees, party committees and political committees as defined in this section. For purposes of this chapter, corporations which are component members of a controlled group of corporations, as those terms are defined in Section 1563 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall be deemed to be one corporation.
(8) "Individual" means a human being, a sole proprietorship, or a professional service corporation organized under chapter 594a and owned by a single human being.
(9) "Person" means an individual, committee, firm, partnership, organization, association, syndicate, company trust, corporation, limited liability company or any other legal entity of any kind but does not mean the state or any political or administrative subdivision of the state.
(10) "Candidate" means an individual who seeks nomination for election or election to public office whether or not such individual is elected, and for the purposes of this chapter an individual shall be deemed to seek nomination for election or election if he has (A) been endorsed by a party or become eligible for a position on the ballot at an election or primary, or (B) solicited or received contributions, [or] made expenditures or given his consent to any other person to solicit or receive contributions or make expenditures with the intent to bring about his nomination for election or election to any such office. "Candidate" also means a slate of candidates which is to appear on the ballot in a primary for the [position of convention delegate] office of justice of the peace. For the purposes of sections 9-333 to 9-333l, inclusive, and section 9-333w, "candidate" also means an individual who is a candidate in a primary for town committee members.
(11) "Campaign treasurer" means the individual appointed by a candidate or by the chairman of a party committee or a political committee to receive and disburse funds on behalf of the candidate or committee.
(12) "Deputy campaign treasurer" means the individual appointed by the candidate or by the chairman of a committee to serve in the capacity of the campaign treasurer if the campaign treasurer is unable to perform his duties.
(13) "Solicitor" means an individual appointed by a campaign treasurer of a committee to receive, but not to disburse, funds on behalf of the committee.
(14) "Referendum question" means a question to be voted upon at any election or referendum, including a proposed constitutional amendment.
(15) "Lobbyist" means a lobbyist as defined in subsection (l) of section 1-91.
(16) "Business with which he is associated" means any business in which the contributor is a director, officer, owner, limited or general partner or holder of stock constituting five per cent or more of the total outstanding stock of any class. Officer refers only to the president, executive or senior vice-president or treasurer of such business.
(17) "Independent expenditure" means an expenditure that is made without the consent, knowing participation, or consultation of, a candidate or agent of the candidate committee. "Independent expenditure" does not include an expenditure (A) if there is any coordination or direction with respect to the expenditure between the candidate or the treasurer, deputy treasurer or chairman of his candidate committee and the person making the expenditure, or (B) if, during the same election cycle, the individual making the expenditure serves or has served as the treasurer, deputy treasurer or chairman of the candidate committee.
(18) "Federal account" means a depository account that is subject to the disclosure and contribution limits provided under the Federal Election Campaign Act of 1971, as amended from time to time.
(19) "Public funds" means funds belonging to, or under the control of, the state or a political subdivision of the state.
Sec. 11. Subsection (a) of section 9-333e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the Constitution, individual lobbyists, and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, judge of probate and members of the General Assembly, shall be filed with the office of the Secretary of the State. A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated. A political committee formed for a slate of candidates in a primary for the [position of convention delegate] office of justice of the peace shall file statements with both the Secretary of the State and the town clerk of the municipality in which the primary is to be held.
Sec. 12. Subsection (d) of section 9-333f of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(d) A slate of candidates in a primary for the [position of delegate to the same convention] office of justice of the peace shall designate a chairperson to form a single political committee to comply with the requirements of section 9-333g, except if the individuals on the slate unanimously consent to have their campaign financed solely by a town committee [or by the candidate committee of a candidate for state or district office to which they are committed,] and such committee [or candidate] consents to such financing by filing a statement of consent with both the Secretary of the State and the town clerk of the municipality in which the primary is to be held.
Sec. 13. Section 9-333m of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) No individual shall make a contribution or contributions to, for the benefit of, or pursuant to the authorization or request of, a candidate or a committee supporting or opposing any candidate's campaign for nomination at a primary, or any candidate's campaign for election, to the office of (1) Governor, in excess of two thousand five hundred dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General, in excess of one thousand five hundred dollars; (3) chief executive officer of a town, city or borough, in excess of one thousand dollars; (4) state senator or probate judge, in excess of five hundred dollars; or (5) state representative or any other office of a municipality not previously included in this subsection, in excess of two hundred fifty dollars. The limits imposed by this subsection shall be applied separately to primaries and elections.
[(b) In the case of one or more convention delegate primaries in which a slate of candidates for the position of convention delegate are committed to a single candidate for state or district office who has consented to financing the slate's campaign solely by his candidate committee in accordance with section 9-333f, an individual may make an additional contribution or contributions to such candidate committee not in excess of two hundred fifty dollars for each delegate primary financed in such manner. ]
[(c)] (b) No individual shall make a contribution or contributions to, or for the benefit of, an exploratory committee or a political committee formed by a slate of candidates in a primary for the [position of delegate to the same convention] office of justice of the peace, in excess of two hundred fifty dollars.
[(d)] (c) No individual shall make contributions to such candidates or committees which in the aggregate exceed fifteen thousand dollars for any single election and primary preliminary thereto.
[(e)] (d) No individual shall make a contribution to any candidate or committee, other than a contribution in kind, in excess of one hundred dollars except by personal check or credit card of that individual.
[(f)] (e) No individual who is less than sixteen years of age shall make a contribution or contributions, in excess of thirty dollars to, for the benefit of, or pursuant to the authorization or request of: (1) A candidate or a committee supporting or opposing any candidate's campaign for nomination at a primary to any office; (2) a candidate or a committee supporting or opposing any candidate's campaign for election to any office; (3) an exploratory committee; (4) any other political committee in any calendar year; or (5) a party committee in any calendar year. Notwithstanding any provision of subdivision (2) of section 9-7b, any individual who is less than sixteen years of age who violates any provision of this subsection shall not be subject to the provisions of subdivision (2) of section 9-7b.
Sec. 14. Subsection (a) of section 9-333n of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) No individual shall make a contribution or contributions in any one calendar year in excess of five thousand dollars to the state central committee of any party, or for the benefit of such committee pursuant to its authorization or request; or one thousand dollars to a town committee of any political party, or for the benefit of such committee pursuant to its authorization or request; or one thousand dollars to a political committee other than (1) a political committee formed solely to aid or promote the success or defeat of a referendum question, (2) an exploratory committee, (3) a political committee established by an organization, or for the benefit of such committee pursuant to its authorization or request, or (4) a political committee formed by a slate of candidates in a primary for the [position of delegate to the same convention] office of justice of the peace of the same town.
Sec. 15. Subsection (a) of section 9-333r of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) A candidate committee shall not make contributions to, or for the benefit of, (1) a party committee, (2) a political committee, [except to a political committee which has been formed for a slate of convention delegates in a primary,] (3) a committee of a candidate for federal or out-of-state office, (4) a national committee, or (5) another candidate committee except that a pro rata sharing of certain expenses in accordance with subsection (b) of section 9-333l shall be permitted.
Sec. 16. Section 9-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
The following persons shall be guilty of primary or enrollment violations: (1) Any person unlawfully voting or participating or attempting to vote or participate in any primary in which he is not eligible to vote or participate; (2) in towns divided into voting districts, any elector who registers or votes at any primary in a voting district other than the district in which such elector is legally entitled to vote at the time of such primary; (3) any elector who signs the name of another to a written application to register, without the knowledge and consent of the person whose name is signed thereto, or who falsely represents the contents of any written or printed form of application for enrollment with intent to secure the application of an elector for enrollment upon a list other than that of his true political preference; (4) any registrar or deputy registrar of voters who fails to hold sessions as provided in sections 9-51 and 9-53 or who fails to register an elector upon the oral or written application for enrollment of such elector, except as provided by law, or who fails to erase an elector's name as provided in section 9-59 or who registers any elector upon an enrollment list other than that declared by such elector in his application as his political preference, or who removes or erases the name of any elector from any enrollment list except as provided by law; (5) any person who fails to properly serve any notice or citation required by sections 9-60 and 9-61 when directed so to do by any registrar or deputy registrar, or who makes any false return as to any such notice or citation; and (6) any moderator of a primary of the enrolled electors of a specified party, such primary being legally called for the nomination of candidates for any public elective office, [or for the election of delegates to any political convention,] who fails to comply with the requirements of chapter 153. The penalty for any such violation shall be a fine of not more than one hundred dollars or imprisonment of not more than sixty days, or both.
Sec. 17. Section 9-372 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
The following terms, as used in this chapter and sections 9-51 to 9-67, inclusive, 9-169e, 9-217, 9-236 and 9-361, as amended by this act, shall have the following meanings:
(1) "Caucus" means any meeting, at a designated hour and place, or at designated hours and places, of the enrolled members of a political party within a municipality or political subdivision thereof for the purpose of selecting party-endorsed candidates for a primary to be held by such party or for the purpose of transacting other business of such party;
(2) "Convention" means a meeting of delegates of a political party held for the purpose of designating the candidate or candidates to be endorsed by such party in a primary of such party for state or district office or for the purpose of transacting other business of such party;
(3) "District" means any geographic portion of the state which crosses the boundary or boundaries between two or more towns;
(4) "District office" means an elective office for which only the electors in a district, as defined in subdivision (3) of this section, may vote;
(5) "Major party" means (A) a political party or organization whose candidate for Governor at the last-preceding election for Governor received, under the designation of that political party or organization, at least twenty per cent of the whole number of votes cast for all candidates for Governor, or (B) a political party having, at the last-preceding election for Governor, a number of enrolled members on the active registry list equal to at least twenty per cent of the total number of enrolled members of all political parties on the active registry list in the state;
(6) "Minor party" means a political party or organization which is not a major party and whose candidate for the office in question received at the last-preceding regular election for such office, under the designation of that political party or organization, at least one per cent of the whole number of votes cast for all candidates for such office at such election;
(7) "Municipal office" means an elective office for which only the electors of a single town, city, borough, or political subdivision, as defined in subdivision (10) of this section, may vote, including the office of justice of the peace;
(8) "Party designation committee" means an organization, composed of at least twenty-five members who are electors, which has, on or after November 4, 1981, reserved a party designation with the Secretary of the State pursuant to the provisions of this chapter;
(9) "Party-endorsed candidate" [,] means (A) in the case of a candidate for state or district office, [means] a person endorsed by the convention of a political party as a candidate in a primary to be held by such party, and [,] (B) in the case of a candidate for municipal office or for member of a town committee, [or delegate to a convention, means] a person endorsed by the town committee, caucus or convention, as the case may be, of a political party as a candidate in a primary to be held by such party;
(10) "Political subdivision" means any voting district or combination of voting districts constituting a part of a municipality;
(11) "Primary" means a meeting of the enrolled members of a political party and, when applicable under section 9-431, unaffiliated electors, held during consecutive hours at which such members or electors may, without assembling at the same hour, vote by secret ballot for candidates for nomination to office or for town committee members; [or delegates to conventions; ]
(12) "Registrar" means the registrar of voters in a municipality who is enrolled with the political party holding a primary and, in each municipality where there are different registrars for different voting districts, means the registrar so enrolled in the voting district in which, at the last-preceding regular election, the presiding officer for the purpose of declaring the result of the vote of the whole municipality was moderator;
(13) "Slate" means a group of candidates for [election as delegates from a town to a state or district convention of a political party equal in number to the whole number of delegates to which such town is entitled at such convention, except that (A) in a case in which only a portion of the town is in the district for which a district convention is to be held, "slate" means a group of candidates for election as delegates from such portion of the town to such district convention equal in number to the whole number of delegates to which such portion of the town is entitled at such district convention, and (B) in a case in which delegates to a state convention are to be selected from a senatorial district under section 9-394 or section 9-408, "slate" means a group of candidates for election as delegates from such district to such convention equal in number to the whole number of delegates to which such district is entitled at such convention] nomination by a political party to the office of justice of the peace of a town, which group numbers at least a bare majority of the number of justices of the peace to be nominated by such party for such town;
(14) "State office" means any office for which all the electors of the state may vote and includes the office of Governor, Lieutenant Governor, Secretary, Treasurer, Comptroller, Attorney General and senator in Congress, but does not include the office of elector of President and Vice-President of the United States;
(15) "Votes cast for the same office at the last-preceding election" or "votes cast for all candidates for such office at the last-preceding election" means, in the case of multiple openings for the same office, the total number of electors checked as having voted at the last-preceding election at which such office appeared on the ballot label.
Sec. 18. Section 9-374 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
No authority of the state or any political subdivision thereof having jurisdiction over the conduct of any primary shall permit the name of a party-endorsed candidate for an office or position to be printed on the official ballot to be used at any such primary unless [there has been filed in the office of the Secretary of the State] a copy of the party rules regulating such party and its method of selecting party-endorsed candidates for nomination to such office or for election as town committee members, [delegates and district delegates, if any,] as the case may be, [such rules to be filed] has been filed in the office of the Secretary of the State at least sixty days before such candidate is selected under such method of endorsement. The selection of delegates to conventions shall not be valid unless at least one copy of the party rules regulating the manner of making such selection has been filed in the office of the Secretary of the State at least sixty days before such selection is made. A duplicate copy of such rules shall also be filed with the state central committee of such party. A copy of the local party rules, relating to a party in a municipality, shall be filed forthwith by the town chairman or the secretary of the town committee of such party in such municipality with the Secretary of the State. The state party rules shall be filed by the state chairman or the secretary of the state central committee of such party. In the case of a minor party, no authority of the state or any subdivision thereof having jurisdiction over the conduct of any election shall permit the name of a candidate of such party for any office to be printed on the official ballot unless [there has been filed in the office of the Secretary of the State] at least one copy of the party rules regulating the manner of nominating a candidate for such office [, such rules to be filed] has been filed in the office of the Secretary of the State at least sixty days before the nomination of such candidate. In the case of a minor party, the selection of town committee members and delegates to conventions shall not be valid unless [there has been filed in the office of the Secretary of the State] at least one copy of the party rules regulating the manner of making such selection [, such rules to be filed] has been filed in the office of the Secretary of the State at least sixty days before such selection is made. A copy of local party rules shall forthwith be also filed with the town clerk of the municipality to which they relate. Party rules shall not be effective until sixty days after the filing of the same with the Secretary of the State. A party in any municipality for which local party rules with respect to any office or position have not been filed as [hereinabove] provided in this section shall, as to such office or position, be subject to the provisions of the effective state rules of such party applicable in municipalities which do not have local party rules, until such time as local party rules therefor are filed and become effective as [herein] provided in this section. The town chairman of a party in any municipality for which local party rules have not been adopted and filed as [hereinabove] provided in this section shall forthwith file a statement with the Secretary of the State to the effect that such party in such municipality does not have local party rules. The term "party rules" as used [herein] in this section includes any amendment to such party rules. When any amendment is to be filed as required by this section, complete party rules incorporating such amendment shall be filed, together with a separate copy of such amendment.
Sec. 19. Section 9-383 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
The time and place of meeting of a state or district convention shall be fixed by the state central committee or other authority of the party holding such convention, in accordance with the rules of such party; provided each such convention held to endorse candidates for state or district office to be voted upon at a state election shall be convened not earlier than the [sixty-eighth] ninety-eighth day and closed not later than the [fiftieth] seventy-seventh day preceding the day of the primary for such office.
Sec. 20. Section 9-387 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
The state rules of each party shall prescribe the manner in which any dispute as to the endorsement by such party of a candidate for state, district or municipal office or for [delegate or] town committee member, or as to the selection by such party of a delegate to a convention, including conflicting claims to such endorsement or selection, shall be resolved.
Sec. 21. Section 9-390 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Except as provided in subsection (g) of this section, party-endorsed candidates of any party in any municipality for municipal office shall be selected, in accordance with the rules of such party, by: (1) The enrolled members of such party in such municipality in caucus, (2) delegates to a convention chosen in accordance with such rules by such enrolled members, or (3) the town committee of such party. The town chairman or his designee shall give notice in a newspaper having a general circulation in the town of the date, time, location and purpose of a caucus held pursuant to subdivision (1) of this subsection. Such notice shall be given not less than five days prior to the date set for the caucus; provided, if the rules of the party in any municipality require earlier notice, such party rules shall prevail.
(b) [Except as provided in subsection (g) of this section, party-endorsed candidates of any party in any municipality for delegates] Delegates to conventions shall be selected, in accordance with the rules of such party, by the method prescribed in either subdivision (1) or (3) of subsection (a) of this section.
(c) Except as provided in subsection (g) of this section, party-endorsed candidates of any party in any municipality for town committee members shall be selected, in accordance with the rules of such party, by the method prescribed in subdivision (1) of subsection (a) of this section.
(d) The selection of party-endorsed candidates in the manner provided in subsection (a), (b) or (c) of this section shall be made and certified to the clerk of the municipality within the time specified in section 9-391, as amended by this act.
(e) (1) In the endorsement of any person for an office or a position as [delegate or] committee member, in the manner provided in subsection (a) [, (b)] or (c) of this section, for whom only the electors of a political subdivision of such municipality or of a senatorial district or assembly district located in such municipality may vote, only the enrolled party members, delegates or town committee members, as the case may be, from such political subdivision or district may participate, except that, in a municipality in which the town committee is elected at large and is the endorsing authority, such endorsement shall be made by the town committee as a whole and except that, whenever no member of the endorsing authority resides in such political subdivision or district from which the endorsement is to be made, then such endorsing authority as a whole shall endorse.
(2) In the selection of any person for a position as delegate to a convention, in the manner provided in subsection (b) of this section, where only the electors of a political subdivision of such municipality or of a senatorial district or assembly district located in such municipality may vote for the offices to be voted upon at such convention, only the enrolled party members or town committee members, as the case may be, from such political subdivision or district may participate, except that (A) in a municipality in which the town committee is elected at-large and is the selecting authority, the town committee as a whole shall select, and (B) in a municipality in which the town committee is elected from political subdivisions and is the selecting authority, whenever no member of the town committee resides in such political subdivision or district from which the selection is to be made, the town committee as a whole shall select.
(f) Candidates endorsed in the manner provided in subsection (a) [, (b)] or (c) of this section shall run in the primary of such party as party-endorsed candidates, except as provided in section 9-417, as amended by this act. Delegates to conventions selected in the manner provided in subsection (b) of this section shall be deemed to have been lawfully selected as such delegates.
(g) Any party in any municipality may by its rules provide that no selection be made of party-endorsed candidates for municipal office [,] or town committee members [or delegates to conventions] and that the nominees of such party for such municipal office [,] or town committee members [or delegates to conventions] of such party be chosen at direct primaries in accordance with the provisions of sections 9-405, [to 9-407, inclusive, and sections] 9-406, 9-409 to 9-412, inclusive, and 9-414, as amended by this act, except as provided in sections 9-418 [,] and 9-419. [and 9-420. ]
(h) This section shall not apply to district delegates to conventions.
Sec. 22. Section 9-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Each endorsement of a candidate to run in a primary for the nomination of candidates for municipal office to be voted upon at a municipal election, or for the election of town committee members [or delegates to conventions] shall be made under the provisions of section 9-390, as amended by this act, not earlier than the fifty-sixth day nor later than the forty-ninth day preceding the day of such primary. [and except as provided in subsection (b) of this section] The endorsement shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee, caucus or convention, as the case may be, not later than four o'clock p. m. on the forty-eighth day preceding the day of such primary. Such certification shall contain the name and street address of each person so endorsed, [and] the title of the office or the position as committee member [or delegate] and the name or number of the political subdivision or district, if any, for which each such person is endorsed. [In the case of endorsement of candidates for delegates to a convention, if (1) all candidates on the endorsed slate sign a statement or letter of support for the nomination of one or more candidates for offices for which such convention is to make an endorsement, provided not more than one candidate for each such office is included in each such statement or letter of support, (2) such certification and statements or letters of support are collectively accompanied by an affidavit of consent from each candidate listed in such statements or letters of support, provided such affidavit is signed by the candidate or by a designee of the candidate named on a list of designees signed by the candidate, and (3) any such lists of designees are filed with such certification, the name of each such candidate and the designation of each such office shall be placed on the ballot label pursuant to subsection (h) of section 9-437. ] If such a certificate of a party's endorsement [of a candidate for a municipal office or for town committee member or for delegate to a convention] is not received by the town clerk by such time, such party, for purposes of sections 9-417, as amended by this act, 9-418 [,] and 9-419, [and 9-420,] shall be deemed to have neither made nor certified such endorsement of any candidate for such office.
[(b) In the case of such an endorsement for the municipal office of state senator or state representative, the candidate so endorsed shall file with the town clerk a certificate, signed by him, stating that he was so endorsed, his name as he authorizes it to appear on the ballot, his full residence address, and the title and district of the office for which he was endorsed. Such certificate shall be attested by either (1) the chairman or presiding officer, or (2) the secretary of the town committee, caucus or convention which made such endorsement, and shall be received by the town clerk not later than four o'clock p. m. on the fourteenth day after the close of such town committee meeting, caucus or convention. If such a certificate of a party's endorsement for the municipal office of state senator or state representative in a particular senatorial or assembly district is not received by the town clerk by such time, such party, for purposes of sections 9-417 and 9-418, shall be deemed to have neither made nor certified any endorsement of any candidate for such office in such district. ]
(b) Each selection of delegates to a state or district convention shall be made in accordance with the provisions of section 9-390, as amended by this act, not earlier than the one-hundred-sixty-eighth day and not later than the one-hundred-sixty-first day preceding the day of the primary for such state or district office. Such selection shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee or caucus, as the case may be, not later than four o'clock p.m. on the one-hundred-sixtieth day preceding the day of such primary. Each such certification shall contain the name and street address of each person so selected, the position as delegate, and the name or number of the political subdivision or district, if any, for which each such person is selected. If such a certificate of a party's selection is not received by the town clerk by such time, such party, for purposes of sections 9-417, as amended by this act, and 9-420, as amended by this act, shall be deemed to have neither made nor certified any selection of any person for the position of delegate.
(c) Each endorsement of a candidate to run in a primary for the nomination of candidates for a municipal office to be voted upon at a state election shall be made under the provisions of section 9-390, as amended by this act, not earlier than the eighty-fourth day nor later than the seventy-seventh day preceding the day of such primary. Any certification to be filed under this section shall be received by the town clerk not later than four o'clock p.m. on the fourteenth day after the close of the town committee meeting, caucus or convention, as the case may be. If such a certificate of a party's endorsement is not received by the town clerk by such time, such party, for the purposes of sections 9-417, as amended by this act, and 9-418, shall be deemed to have neither made nor certified any endorsement of any candidate for such office. The candidate so endorsed for a municipal office to be voted upon at a state election, other than the office of justice of the peace, shall file with the town clerk a certificate, signed by that candidate, stating that such candidate was so endorsed, the candidate's name as the candidate authorizes it to appear on the ballot, the candidate's full street address and the title and district of the office for which the candidate was endorsed. Such certificate shall be attested by the chairman or presiding officer and the secretary of the town committee, caucus or convention which made such endorsement. The endorsement of candidates for the office of justice of the peace shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee, caucus or convention, and shall contain the name and street address of each person so endorsed and the title of the office for which each such person is endorsed.
Sec. 23. Section 9-393 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
All town committee members and delegates to conventions shall be chosen as provided in sections 9-382 to 9-450, inclusive. Vacancies in town committees, arising from any cause including failure to elect, shall be filled in such manner as the rules of the party prescribe. The chairman of a town committee may be chosen by the town committee from within or without the membership of the town committee as the rules of the party prescribe. Any town committee may, by party rules adopted in accordance with section 9-375 and filed under section 9-374, as amended by this act, increase its membership and fill new positions created by such increase in the manner prescribed in the applicable party rules. The rules of a party may provide methods for the filling of vacancies in delegations to conventions, which methods may include prescribing that each delegate [elected] selected in conformity with the provisions of sections 9-382 to 9-450, inclusive, may designate an alternate delegate or a proxy to act for him in his absence.
Sec. 24. Section 9-394a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Any major party in any part of a town which is a component part of a senatorial or assembly district composed of parts of two towns or of a town or towns and a part or parts of another town or other towns may [elect] select delegates to a senatorial or assembly district convention in such district as provided in this title and its party rules and may participate in the selection of a candidate for state senator or state representative in such district in the manner provided for a town which is a component part of a senatorial district in a district composed of two or more towns under this title. [The name of each member of an opposition slate of delegates from such part of a town and the name of each signer of a primary petition therefor under section 9-407 shall appear on the last-completed enrollment list of such party for such part of a town. ] In addition to other requirements prescribed by law, the name of a person on whose behalf a primary petition is filed for nomination to the office of state senator or state representative for such district and the names of the signers of any such petition shall appear on the last-completed enrollment list of such party for such part of a town or for any other town which is a component part of such district.
Sec. 25. Section 9-395 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Forthwith upon the certification provided in [sections 9-390 and 9-394] section 9-391, as amended by this act, the clerk of the municipality shall publish, in a newspaper having a general circulation in such municipality, the fact of such certification and that a list of the persons endorsed as candidates is on file in his office and copies thereof are available for public distribution. If, with respect to any office or position to be filled, the clerk of the municipality has failed to receive the certification of the name of any person as a party-endorsed candidate within the time limited in section 9-391, as amended by this act, such fact shall be published by the clerk of the municipality. Together with such information, the clerk shall publish a notice that a primary will be held for the nomination by such political party of a candidate for the offices to be filled or for the election of members of the town committee, [or delegates to a convention,] as the case may be, if a candidacy is filed in accordance with the provisions of sections 9-382 to 9-450, inclusive. Such notice shall specify the final date for the filing of such candidacy and the date of the primary, shall state where forms for petitions may be obtained and shall generally indicate the method of procedure in the filing of such candidacy. The Secretary of the State shall prescribe the form of such notice. The clerk shall forthwith publish any change in the party-endorsed candidates, listing such changes.
Sec. 26. Section 9-400 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) [Within fourteen days following the close of the state convention, a] A candidacy for nomination by a political party to a state office may be filed by or on behalf of any person whose name appears upon the last-completed enrollment list of such party in any municipality within the state and who has either (1) received at least fifteen per cent of the votes of the convention delegates present and voting on any roll-call vote taken on the endorsement or proposed endorsement of a candidate for such state office, whether or not the party-endorsed candidate for such office received a unanimous vote on the last ballot, [by the filing with] or (2) circulated a petition and obtained the signatures of at least two per cent of the enrolled members of such party in the state, in accordance with the provisions of sections 1 to 3, inclusive, of this act. Candidacies described in subdivision (1) of this subsection shall be filed by submitting to the Secretary of the State [, of] not later than four o'clock p.m. on the fourteenth day following the close of the state convention, a certificate, signed by such candidate and attested by either [(1)] (A) the chairman or presiding officer, or [(2)] (B) the secretary of the convention, that such candidate received at least fifteen per cent of such votes, and that [he] such candidate consents to be a candidate in a primary of such party for such state office. Such certificate shall specify the candidate's name as [he] the candidate authorizes it to appear on the ballot, [his] the candidate's full residence address and the title of the office for which [his] the candidacy is being filed. A single such certificate or petition for state office may be filed on behalf of two or more candidates for different state offices who consent to have their names appear on a single row of the primary ballot label under subsection (b) of section 9-437, as amended by this act. Candidacies described in subdivision (2) of this subsection shall be filed by submitting said petition not later than four o'clock p.m. on the fourteenth day following the close of the state convention to the registrar of voters of the towns in which the respective petition pages were circulated. Each registrar shall file each page of such petition with the Secretary in accordance with the provisions of section 3 of this act. A petition filed by or on behalf of a candidate for state office shall be invalid for such candidate if such candidate is certified as the party-endorsed candidate pursuant to section 9-388 or as receiving at least fifteen per cent of the convention vote for such office pursuant to this subsection. Except as provided in section 9-416a, upon the expiration of the fourteen-day period and the completion of the tabulation of petition signatures, if any, if one or more candidacies for such state office have been filed pursuant to the provisions of this section, the Secretary of the State shall notify all town clerks in accordance with the provisions of section 9-433, as amended by this act, that a primary for such state office shall be held in each municipality in accordance with the provisions of section 9-415, as amended by this act.
(b) [Within fourteen days following the close of the district convention, a] A candidacy for nomination by a political party to a district office may be filed by or on behalf of any person whose name appears upon the last-completed enrollment list of such party within any municipality or part of a municipality forming a component part of such district and who has either (1) received at least fifteen per cent of the votes of the convention delegates present and voting on any roll-call vote taken on the endorsement or proposed endorsement of a candidate for such district office, whether or not the party-endorsed candidate for such office received a unanimous vote on the last ballot, [by the filing with] or (2) circulated a petition and obtained the signatures of at least two per cent of the enrolled members of such party in the district for the district office of representative in Congress, and at least five per cent of the enrolled members of such party in the district for the district offices of state senator, state representative and judge of probate, in accordance with the provisions of sections 1 to 3, inclusive, of this act. Candidacies described in subdivision (1) of this subsection shall be filed by submitting to the Secretary of the State [of] not later than four o'clock p.m. on the fourteenth day following the close of the district convention, a certificate, signed by such candidate and attested by either [(1)] (A) the chairman or presiding officer, or [(2)] (B) the secretary of the convention, that such candidate received at least fifteen per cent of such votes, and that [he] the candidate consents to be a candidate in a primary of such party for such district office. Such certificate shall specify the candidate's name as [he] the candidate authorizes it to appear on the ballot, [his] the candidate's full residence address and the title and district of the office for which [his] the candidacy is being filed. Candidacies described in subdivision (2) of this subsection shall be filed by submitting said petition not later than four o'clock p.m. on the fourteenth day following the close of the district convention to the registrar of voters of the towns in which the respective petition pages were circulated. Each registrar shall file each page of such petition with the Secretary in accordance with the provisions of section 3 of this act. A petition may only be filed by or on behalf of a candidate for the district office of state senator, state representative or judge of probate who is not certified as the party-endorsed candidate pursuant to section 9-388 or as receiving at least fifteen per cent of the convention vote for such office pursuant to this subsection. A petition filed by or on behalf of a candidate for the district office of representative in Congress shall be invalid if said candidate is certified as the party-endorsed candidate pursuant to section 9-388 or as receiving at least fifteen per cent of the convention vote for such office pursuant to this subsection. Except as provided in section 9-416a, upon the expiration of the fourteen-day period and the completion of the tabulation of petition signatures, if any, if one or more candidacies for such district office have been filed pursuant to the provisions of this section, the Secretary of the State shall notify all town clerks within the district, in accordance with the provisions of section 9-433, as amended by this act, that a primary for such district office shall be held in [any] each municipality [or] and each part of [any] a municipality within the district in accordance with the provisions of section 9-415, as amended by this act.
(c) For the purposes of this section, the number of enrolled members of a party shall be determined by the latest enrollment records in the office of the Secretary of the State prior to the earliest date that primary petitions were available. The names of electors on the inactive registry list compiled under section 9-35 shall not be counted for purposes of computing the number of petition signatures required under this section, as provided in section 9-35c.
(d) On the last day for filing primary petition candidacies in accordance with the provisions of this section, the office or office facilities of the registrars of voters shall open not later than one o'clock p.m., and remain open until at least four o'clock p.m., and such registrars or the deputy or assistant registrars shall be present.
Sec. 27. Section 9-405 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) (1) Candidacies of persons other than party-endorsed candidates for nomination by a political party to [any] a municipal office to be voted upon at a municipal election, or for election as town committee members [or delegates to conventions] shall be filed with the registrar, as provided in section 9-406, as amended by this act, not later than four o'clock p. m. on the thirty-fourth day preceding the day of the primary of such party for the nomination of candidates for such office or for the election of town committee members. [or delegates to conventions, which] Said day and hour shall be specified on the petition forms.
(2) Candidacies of persons, other than party-endorsed candidates, for nomination by a political party to a municipal office to be voted upon at a state election shall be filed with the registrars, as provided in section 9-406, as amended by this act, not later than four o'clock p.m. on the fourteenth day following the making of the party's endorsement of a candidate for such office. Said day and hour shall be specified on the petition forms.
(b) On [such] the last day for filing [such] primary petition candidacies, in accordance with the provisions of this section, the office or office facilities of the registrars of voters shall open not later than one o'clock p. m. , and remain open until at least four o'clock p. m. , and such registrars or their deputy or assistant registrars shall be present. [therein. ]
Sec. 28. Section 9-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
[Within the time specified in section 9-405, a] A candidacy for nomination by a political party to a municipal office or a candidacy for election as a member of a town committee may be filed by or on behalf of any person whose name appears upon the last-completed enrollment list of such party within the municipality or within the political subdivision, [or] senatorial district or assembly district within which a person is to be nominated or a town committee member is to be elected, as the case may be. [,] Any such candidacy shall be filed by filing with the registrar within the applicable time specified in section 9-405, as amended by this act, a petition signed by (1) at least five per cent of the electors whose names appear upon the last-completed enrollment list of such party in such municipality or in such political subdivision, [or] senatorial district or assembly district, or [, signed by] (2) such lesser number of such electors as such party by its rules prescribes, as the case may be. For the purpose of computing five per cent of the last-completed enrollment list, the registrar shall use the last printed enrollment list and the printed supplementary or updated list, if any, of a political party certified and last completed by the registrars of voters prior to the date the first primary petition was issued, excluding therefrom the names of individuals who have ceased to be electors.
Sec. 29. Section 9-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Petition forms for candidacies for nomination to municipal office [,] or for election as members of town committees [or delegates or district delegates to conventions,] shall be available from the registrar beginning on the day following the making of the party's endorsement of a candidate or candidates for such office or position, or beginning on the day following the final day for the making of such endorsement under the provisions of section 9-391, as amended by this act, whichever comes first. Any person who requests a petition form shall give his name and address and the name, address and office or position sought of each candidate for whom the petition is being obtained, and shall file a statement signed by each such candidate that he consents to be a candidate for such office or position. In the case of the municipal offices of state senator and state representative, each such candidate shall include on the statement of consent his name as he authorizes it to appear on the ballot. [In the case of a petition for candidates for election as delegates or district delegates to a convention, if (1) all candidates on the petitioning slate sign a statement or letter of support for the nomination of one or more candidates for offices for which such convention is to make an endorsement, provided not more than one candidate for each such office is included in such statement or letter of support, (2) such statement of consent and statements or letters of support are collectively accompanied by an affidavit of consent from each candidate listed in such statements or letters of support, provided such affidavit is signed by the candidate or by a designee of the candidate named on a list of designees signed by the candidate, (3) any such lists of designees are filed with such statement of consent and (4) the petition is filed with sufficient signatures, the name of each such candidate and the designation of each such office shall be placed on the ballot label pursuant to subsection (h) of section 9-437. Upon completion of the requirements prescribed in this section, the] Upon receiving such information and statement, the registrar shall type or print on a petition form the name and address of each such candidate, the office sought and the political party holding the primary. The registrar shall give to [such] any person requesting such form one or more petition pages, suitable for duplication, as the registrar deems necessary. If the person is requesting the form on behalf of an indigent candidate or a group of indigent candidates listed on the same petition, the registrar shall give the person a number of petition pages determined by the registrar as at least two times the number needed to contain the required number of signatures for a candidacy for nomination to municipal office or a number of petition pages determined by the registrar as at least five times the number needed to contain the required number of signatures for a candidacy for election as a town committee member. [The registrar shall also fill in, on each page of the petition form before the petition is issued, the name and address of each candidate to be named therein, the office or position sought and the political party holding the primary and, if the petition is for candidates for election as delegates to a convention and (A) statements or letters of support, signed by all candidates on the slate, for the nomination of one or more candidates for offices for which such convention is to make an endorsement and (B) affidavits of consent by each candidate listed in such statements or letters of support have been filed pursuant to this section, each such candidate's name and the designation of each such office. Each] An original petition page filled in by the registrar may be duplicated by or on behalf of the candidate or candidates listed on the page and signatures may be obtained on such duplicates. The duplicates may be filed in the same manner and shall be subject to the same requirements as original petition pages. All information relative to primary petitions shall be a public record.
Sec. 30. Section 9-410 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) The petition form for candidacies for nomination to municipal office or for election as members of town committees shall be prescribed by the Secretary of the State and provided by the registrar of the municipality in which the candidacy is to be filed [in the case of municipal office, town committee members and delegates, or be] or duplicate petition pages shall be produced in accordance with section 9-409, as amended by this act, and signatures shall be obtained only on such forms [. Such] or such duplicate petition pages. Such form shall include, at the top of the form and in bold print, the following:
WARNING
IT IS A CRIME TO SIGN THIS PETITION
IN THE NAME OF ANOTHER PERSON
WITHOUT LEGAL AUTHORITY TO DO SO
AND YOU MAY NOT SIGN THIS PETITION
IF YOU ARE NOT AN ELECTOR.
The form shall include thereon a statement of instructions to persons [making use thereof] using the form and shall indicate the date and time by which it shall be filed and the person with whom it shall be filed. The form shall provide spaces for the names and addresses of the candidates, the offices to which nomination is sought or the positions to which election is sought and the political party holding the primary, and [, if the petition is for candidates for election as delegates to a convention, the name of a candidate or candidates, if any, whom all candidates on the petitioning slate support for the party's nomination for an office or offices and the designation of such office or offices. Such form] shall provide lines for the signatures, street addresses, dates of birth and the printing of the names of enrolled party members supporting the person or persons on behalf of whose candidacy the petition is used. Only as many candidates may be proposed in any one primary petition for the same office or position as are to be nominated or chosen by such party for such office or position; but any one primary petition may propose as many candidates for different offices or positions as there are nominations to be made or positions to be filled.
(b) The names of enrolled party members signing a primary petition need not all be on one sheet but may be on several sheets, but no person shall sign more than one petition page for the same candidate or candidates. Any person who signs a name other than the person's own to a primary petition filed under the provisions of this section or who signs a name other than the person's own as circulator of such a petition shall be fined not more than one hundred dollars or imprisoned not more than one year or both. Each such sheet shall indicate the candidate or candidates supported, the offices or positions sought and the political party the nomination of which is sought or which is holding the primary for election of town committee members. [or delegates to a convention. ] No page of such a petition shall contain the names of enrolled party members residing in different municipalities and any page thereof which has been certified by the registrars of two or more municipalities shall be rejected by the registrar. Withdrawal of petition signatures shall not be permitted.
(c) Each circulator of a primary petition page shall be an enrolled party member of a municipality in this state who is entitled to vote. [in the primary for which such candidacy is being filed. ] Each petition page shall contain a statement signed by the registrar of the municipality in which such circulator is an enrolled party member attesting that the circulator is an enrolled party member in such municipality. [and is entitled to vote in the primary for which such candidacy is being filed. ] Unless such a statement by the registrar appears on each page so submitted, the registrar shall reject such page. No candidate for the nomination of a party for a municipal office [,] or the position of town committee member [or delegate] shall circulate any petition for another candidate or another group of candidates contained in one primary petition for the nomination of such party for the same office or position, and any petition page circulated in violation of this provision shall be rejected by the registrar. No person shall circulate petitions for more than the maximum number of candidates to be nominated by a party for the same office or position, and any petition page circulated in violation of this provision shall be rejected by the registrar. Each separate sheet of such petition shall contain a statement as to the authenticity of the signatures thereon and the number of such signatures, and shall be signed under the penalties of false statement by the person who circulated the same, setting forth such circulator's address and the town in which such circulator is an enrolled party member and attesting that each person whose name appears on such sheet signed the same in person in the presence of such circulator, that the circulator either knows each such signer or that the signer satisfactorily identified the signer to the circulator and that the spaces for candidates supported, offices or positions sought and the political party involved were filled in prior to the obtaining of the signatures. Each separate sheet of such petition shall also be acknowledged before an appropriate person as provided in section 1-29. Any sheet of a petition filed with the registrar which does not contain such a statement by the circulator as to the authenticity of the signatures thereon, or upon which the statement of the circulator is incomplete in any respect, or which does not contain the certification hereinbefore required by the registrar of the town in which the circulator is an enrolled party member, shall be rejected by the registrar. Any individual proposed as a candidate in any primary petition may serve as a circulator of the pages of such petition, provided such individual's service as circulator does not violate any provision of this section.
Sec. 31. Section 9-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Upon the [filing] receipt of any page of a petition proposing a candidacy for a municipal office or for member of a town committee, [or delegates or district delegates to a convention,] the registrar shall forthwith sign and give to the person [so] submitting [a page or pages of such] the petition a receipt [indicating] in duplicate, stating the number of [such pages so submitted] pages filed and the date and time [when such pages were submitted] of filing and shall forthwith certify on each such [sheet] page the number of signers [thereon] on the page who were enrolled on the last-completed enrollment list of such party in the municipality or political subdivision, as the case may be, and shall forthwith file such [sheet, so] certified page in person or by mail, as described in section 9-140b, with the clerk of the municipality, together with [his] the registrar's certificate as to the whole number of names on the last-completed enrollment list of such party in such municipality or political subdivision, as the case may be, within seven days after receipt of the page. In [the] checking [of] signatures on primary petition pages, the registrar shall reject any name if such name does not appear on the last-completed enrollment list in the municipality or political subdivision, as the case may be. Such rejection shall be indicated by [the placing of an "R"] placing a mark in a manner prescribed by the Secretary before the name so rejected. The registrar may place a check mark before each name appearing on [such] the enrollment list to indicate approval but shall place no other mark on [such] the page except as provided in this chapter. The registrar shall not reject any name for which the street address on the petition is different from the street address on the enrollment list, if (1) such person is eligible to vote for the candidate or candidates named in the petition, and (2) the person's date of birth, as shown on the petition page, is the same as the date of birth on the person's registration record. The registrar shall reject any page of a petition which does not contain the certifications provided in section 9-410, as amended by this act, or which [is determined by said] the registrar determines to have been circulated in violation of any other provision [thereof] of section 9-410, as amended by this act. Petitions filed with the municipal clerk shall be preserved for a period of three years and then may be destroyed.
Sec. 32. Section 9-414 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
No town committee, caucus or convention shall endorse and certify to the clerk of a municipality, and no primary shall choose, more candidates for nomination to municipal office or more persons as members of a town committee [or as delegates to a convention] than an elector may vote for in each such case.
Sec. 33. Section 9-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
[If within the time specified in sections 9-400 and 9-405 a candidacy for nomination by a political party to a state, district or municipal office is filed by or on behalf of any person other than a party-endorsed candidate in conformity with the provisions of sections 9-400 to 9-414, inclusive, or if within such time candidacies numbering at least twenty-five per cent of the number of town committee members to be elected by a party either in the municipality or in the political subdivision, as the case may be, are filed by or on behalf of persons other than party-endorsed candidates in conformity with the provisions of sections 9-382 to 9-450, inclusive, or if within such time candidacies for election as delegates to a convention of a political party are filed by or on behalf of a slate of persons other than party-endorsed candidates in conformity with the provisions of said sections, a primary shall be held in each municipality of the state or district, or in the municipality or political subdivision thereof or senatorial district or assembly district or in each part of a municipality which is a component part of a senatorial or assembly district composed of parts of two towns or of a town or towns and a part or parts of another town or towns therein in which the nomination for municipal office is to be made or in which members of a town committee or delegates to a convention are to be elected, or in each municipality in the district in which district delegates to a convention are to be elected, as the case may be, to determine the nominee of such party for such office or to elect the members of the town committee or the delegates to the convention, except as provided in sections 9-416a, 9-418, 9-419 and 9-420. ]
(a) If a candidacy for nomination by a political party to a state office is filed by or on behalf of any person other than a party-endorsed candidate within the time specified in subsection (a) of section 9-400, as amended by this act, and in conformity with the provisions of section 9-400, as amended by this act, a primary shall be held in each municipality of the state to determine the nominee of such party for such office, except as provided in section 9-416a.
(b) If a candidacy for nomination by a political party to a district office is filed by or on behalf of any person other than a party-endorsed candidate within the time specified in subsection (b) of section 9-400, as amended by this act, and in conformity with the provisions of section 9-400, as amended by this act, a primary shall be held in each municipality of the district and each part of a municipality which is a component part of the district, to determine the nominee of such party for such office, except as provided in section 9-416a.
(c) If a candidacy for nomination by a political party to a municipal office is filed by or on behalf of any person other than a party-endorsed candidate within the applicable time specified in section 9-405, as amended by this act, and in conformity with the provisions of sections 9-405, 9-406, 9-406a, 9-409, 9-410, 9-412 and 9-414, as amended by this act, a primary shall be held in the municipality or political subdivision thereof in which the nomination for municipal office is to be made, to determine the nominee of such party for such office, except as provided in section 9-418.
(d) If candidacies numbering at least twenty-five per cent of the number of town committee members to be elected by a party either in the municipality or in the political subdivision, as the case may be, are filed by or on behalf of persons other than party-endorsed candidates within the time specified in subdivision (1) of subsection (a) of section 9-405, as amended by this act, and in conformity with the provisions of sections 9-405, 9-406, 9-406a, 9-409 to 9-412, inclusive, and 9-414, as amended by this act, a primary shall be held in the municipality or political subdivision thereof in which members of a town committee are to be elected, to elect the members of the town committee, except as provided in sections 9-419 and 9-421.
Sec. 34. Section 9-416 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
If (1) at a state or district convention no person other than a party-endorsed candidate has received at least fifteen per cent of the votes of the delegates present and voting on any roll-call vote taken on the endorsement or proposed endorsement of a candidate for a state or district office, [or if] and (2) within the time specified in section 9-400, as amended by this act, no candidacy for nomination by a political party to [such] a state or district office has been filed by or on behalf of a person other than a party-endorsed candidate in conformity with the provisions of [sections 9-400 to 9-414, inclusive] section 9-400, as amended by this act, no primary shall be held by such party for such office and the party-endorsed candidate for such office shall be deemed to have been lawfully chosen as the nominee of such party for such office.
Sec. 35. Section 9-417 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
If within the time specified in section 9-405, as amended by this act, no candidacy for nomination by a political party to a municipal office has been filed by or on behalf of a person other than a party-endorsed candidate or, in the case of election as member of the town committee of such party, by persons other than party-endorsed candidates numbering at least twenty-five per cent of the number of town committee members to be elected by such party either in the municipality or in the political subdivision, as the case may be, [or, in the case of delegates or district delegates to a convention of such party, by a slate of persons other than party-endorsed candidates,] in conformity with the provisions of sections [9-400 to 9-414] 9-405 to 9-412, inclusive, and 9-414, as amended by this act, no primary shall be held by such party for such office or for town committee members, [or for delegates or district delegates to such convention,] as the case may be, and the party-endorsed candidate or candidates for such office shall be deemed to have been lawfully chosen as the nominee or nominees of such party to such office, or, as the case may be, [the party-endorsed candidates for election as delegates or district delegates to the convention shall be deemed to have been lawfully elected to such positions,] and the party-endorsed candidates for election as members of the town committee shall be deemed to have been lawfully elected to such positions at the times specified in section 9-392.
Sec. 36. Section 9-420 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
[If within the time specified in section 9-391, a party has failed, with respect to the election of delegates or district delegates to any convention, to certify to the clerk of the municipality the names of a slate of party-endorsed candidates, and if within the time specified in section 9-405, candidacies for election as such delegates or district delegates are filed in conformity with the provisions of sections 9-400 to 9-414, inclusive, by not more than one slate of persons, no primary shall be held by such party for the election of such delegates or district delegates, as the case may be, and the slate of persons filing such candidacies] The persons selected by a political party to serve as delegates to a convention shall be deemed to have been lawfully [elected] selected as such delegates or district delegates.
Sec. 37. Section 9-423 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) The primaries of all parties for nomination to an office to be voted upon at a state election shall be held on the second Tuesday in August in the year in which such state election is held.
(b) The primaries of all parties for nomination to an office to be voted upon at a municipal election shall be held on the fifty-sixth day preceding the day of the election.
Sec. 38. Section 9-426 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
If only one candidacy has been filed by a person other than a party-endorsed candidate for the nomination by a political party to a particular office and the candidate whose candidacy has been so filed thereafter, but prior to the opening of the polls at such primary, dies, withdraws his name from nomination or for any reason becomes disqualified to hold the office for which he is a candidate, no primary shall be held for the nomination of such party to that office and the party-endorsed candidate for such office shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacy other than a party-endorsed candidacy has been filed. If candidacies have been filed by only one group of persons other than party-endorsed candidates for election to a town committee, and the candidates whose candidacies have been so filed thereafter, but prior to the opening of the polls at such primary, die, withdraw their names from nomination or for any reason become disqualified to hold the positions for which they are candidates, so as to render the number of candidacies so filed less than twenty-five per cent of the number of town committee members to be elected by such party either in the municipality or in the political subdivision, as the case may be, no primary shall be held for those positions and the party-endorsed candidates for such positions shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacies other than party-endorsed candidacies have been filed. If any person on a slate, [other than a slate of party-endorsed candidates for election as delegates or district delegates to a particular convention of a political party,] prior to the opening of the polls at such primary, dies, withdraws his name from nomination or for any reason becomes disqualified to hold the position for which he is a candidate, such partial slate shall appear on the ballot label at the primary and, if such partial slate wins, then the remaining members may fill the vacancy. If only one such slate other than a slate of party-endorsed candidates has been filed for election and prior to the opening of the polls at such primary each of the persons on such slate dies, withdraws or becomes disqualified, no primary shall be held for those positions and the party-endorsed candidates for those positions shall be deemed to have been lawfully chosen in the same manner and to the same extent as is provided in sections 9-382 to 9-450, inclusive, in the case where no candidacies other than party-endorsed candidacies have been filed.
Sec. 39. Section 9-428 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
If a party-endorsed candidate for nomination to an office or for election to the position of town committee member, [or delegate to a convention,] prior to twenty-four hours before the opening of the polls at the primary, dies or, prior to ten days before the day of such primary, withdraws his name from nomination or for any reason becomes disqualified to hold the office or position for which he is a candidate, the state central committee, the town committee or other authority of the party which endorsed such candidate may make an endorsement to fill such vacancy or provide for the making of such endorsement, in such manner as is prescribed in the rules of such party, and certify to the registrar and municipal clerk or to the Secretary of the State, as the case may be, the name of the person so endorsed. If such certification is made at least twenty-four hours prior to the opening of the polls at the primary, in the case of such an endorsement to replace a candidate who has died, or at least seven days before the day of such primary, in the case of such an endorsement to replace a candidate who has withdrawn or become disqualified, such person so endorsed shall run in the primary as the party-endorsed candidate, except as provided in sections 9-416 and 9-417, as amended by this act. If such certification of another party-endorsed candidate has been made within the time specified in this section, and if the ballot labels have already been printed and the names of the candidates for such office or position appear on the ballot labels, the Secretary of the State or the registrar, as the case may be, shall direct the clerk of each municipality holding such primary to have the ballot labels reprinted with the name of the person so certified included thereon; provided, in the case of such an endorsement to replace a candidate who has died, if such certification has been made less than ninety-six hours but at least twenty-four hours prior to the opening of the polls at the primary, such secretary or registrar shall direct such clerk to have stickers printed and inserted upon the ballot labels, having the name of the person so certified appearing thereon, and the moderator in each polling place shall cause such stickers to be pasted on the ballot labels before the opening of the polls at such primary.
Sec. 40. Section 9-430 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
No candidate shall be deemed to have withdrawn under the provisions of section 9-426, as amended by this act, 9-428, as amended by this act, or 9-429 until a letter of withdrawal signed by such candidate is filed with the municipal clerk in the case of municipal office [,] or town committee member, [or delegate] or with the Secretary of the State in the case of state or district office.
Sec. 41. Section 9-433 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
[Upon the expiration of the fourteen-day period prescribed by section 9-400, and] After the deadline set forth in section 9-400, as amended by this act, for filing candidacies, and upon the completion of the tabulation of petition signatures, if any, if one or more candidacies for nomination by a political party to a state or district office have been filed in accordance with the provisions of [said] section 9-400, as amended by this act, the Secretary of the State shall notify the clerk of each town within the state or within the district, as the case may be, that a primary is to be held by such party for the nomination of such party to such office. Such notice shall include a list of all the proposed candidates, those endorsed by the convention as well as those filing candidacies, together with their addresses and the titles of the office for which they are candidates and, if applicable, a statement that unaffiliated electors may vote in the primary. The clerk of each such town shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such town, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls.
Sec. 42. Section 9-435 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Except as provided in sections 9-418 [,] and 9-419, [and 9-420,] if in any municipality, within the time specified in section 9-405, as amended by this act, a candidacy for nomination by a political party to any municipal office or for election as a town committee member [or delegate to a convention] is filed with the registrar, in conformity with the provisions of sections [9-400 to 9-414] 9-405 to 9-412, inclusive, and section 9-414, as amended by this act, by or on behalf of any person other than party-endorsed candidates, the registrar shall forthwith after the deadline for certification of party-endorsed candidates notify the clerk of such municipality that a primary is to be held by such party for the nomination of such party to such office or for the election by such party of town committee members, [or delegates to a convention,] as the case may be. [; provided, if such candidacy is for election as district delegate to a convention, filed in conformity with section 9-408, the registrar shall give such notice to the clerk of each town in the district. ] Such notice shall include a list of all the proposed candidates, those endorsed as well as those filing candidacies, together with their addresses and the titles of the offices or positions for which they are candidates. In the case of a primary for [delegates to a convention] justices of the peace, such notice shall also contain the complete ballot label designation of each slate pursuant to subsection (h) of section 9-437, as amended by this act. The clerk of the municipality shall thereupon cause such notice to be published forthwith in a newspaper having a general circulation in such municipality, together with a statement of the date upon which the primary is to be held, the hours during which the polls shall be open and the location of the polls, and shall send a copy of such notice to the Secretary of the State and record the same. The clerk shall forthwith publish any change in the proposed candidates, listing such changes.
Sec. 43. Subsection (c) of section 9-436 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(c) Each machine shall be so arranged that the elector may vote for as many persons for nomination or election to each office or position as there are persons to be nominated or elected, as the case may be, and no more, and so that the elector may vote for individual candidates; provided the vote for [delegates to conventions] justices of the peace shall be by slate, as provided in section 9-443, as amended by this act.
Sec. 44. Subsections (a) and (b) of section 9-437 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) At the top of each ballot label shall be printed the name of the party holding the primary, and each ballot label shall contain the names of all candidates to be voted upon at such primary, except the names of [delegates to conventions] justices of the peace. The vertical columns shall be headed by the designation of the office or position and instructions as to the number for which an elector may vote for such office or position, in the same manner as a ballot label used in a regular election. The name of each candidate for town committee or municipal office, except for the municipal offices of state senator and state representative, shall appear on the ballot label as it appears on the registry list of such candidate's town of voting residence, except as provided in section 9-42a. The name of each candidate for state or district office or for the municipal offices of state senator or state representative shall appear on the ballot as it appears on the certificate or statement of consent filed under section 9-388, [subsection (b) of section] 9-391, as amended by this act, [or section] 9-400, as amended by this act, or 9-409, as amended by this act. On the first horizontal line, below the designation of the office or position in each column, shall be placed the name of the party-endorsed candidate for such office or position, such name to be marked with an asterisk; provided, where more than one person may be voted for for any office or position, the names of the party-endorsed candidates shall be arranged in alphabetical order from left to right under the appropriate office or position designation and shall continue, if necessary, from left to right on the next lower line or lines. In the case of no party endorsement there shall be inserted the designation "no party endorsement" at the head of the vertical column, immediately beneath the designation of the office or position. On the horizontal lines below the line for party-endorsed candidates shall be placed, in the appropriate columns, the names of all other candidates as hereinafter provided.
(b) (1) In the case of two or more such candidates for the same state or district office, precedence as to row shall be determined by the alphabetical order of the surnames of such candidates, except as provided under subdivision (2) of this subsection. (2) If a single certificate or a single petition has been filed under subsection (a) of section 9-400, as amended by this act, on behalf of two or more candidates and proposing one candidate for each state office to be contested at such primary, a single row shall be used for the names of such candidates and precedence as to row between such certificates and petitions shall be determined by the Secretary of the State by lot in a ceremony which shall be open to the public. The names of all other candidates for state office shall be placed in the appropriate columns in alphabetical order on the rows below the row or rows used for candidates whose names are contained in such a single certificate, [or] certificates, single petition or petitions.
Sec. 45. Subsection (h) of section 9-437 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(h) The names of candidates for election as [delegates to conventions] justices of the peace shall not appear on the ballot label. A single vertical column shall be used for all the candidates for election to the [positions of delegates to] office of justice the peace of a particular [convention; provided a separate single vertical column shall be used for all the candidates for election to the positions of district delegates to a particular convention] town. The vertical [columns used for delegates to a state convention] column used for justices of the peace shall be headed by the words ["delegates to state convention" or "district delegates to state convention", as the case may be; and the vertical columns used for delegates to other conventions shall be headed by similar words, substituting for the word "state" the words "congressional district", "county", "senatorial district", "probate district" or "assembly district", as the case may be] "justices of the peace". On the first horizontal line in [each] the vertical column used for [delegates to a convention] justice of the peace shall be placed the words "party-endorsed slate". On the second and succeeding horizontal lines, in the order of the time of filing, shall be placed the words "challenge slate", preceded, in quotation marks, by the letter designating such line. [If the name of a candidate or candidates whom all candidates on a slate support for the party's nomination for an office or offices and the designation of such office or offices was (1) in the case of the party-endorsed slate, specified in statements or letters of support filed with the municipal clerk by the endorsing authority and consented to by the candidate or candidates, or by a designee of the candidate or candidates, for the party's nomination in an affidavit or affidavits of consent under section 9-391 or (2) in the case of a petition slate, specified in statements or letters of support filed with the registrar of voters by the person requesting primary petitions and consented to by the candidate or candidates, or by a designee of the candidate or candidates, for the party's nomination in an affidavit or affidavits of consent under section 9-409 and listed on the petition pages as provided by said section and section 9-410 then the last name of each such candidate for the party's nomination and the designation of the respective office shall appear in parentheses in the appropriate ballot position, immediately below the identification of the slate as provided under this subsection, in the following manner:
"(__________________________ For ________________________)". | |
(Insert candidate's last name) (Insert office designation) |
If the names of different candidates for different offices are to so appear, such offices shall be listed vertically in the same order in which the offices shall be listed horizontally on the election ballot. ] The municipal clerk shall prepare a list of the names of all candidates on each slate for election as [delegates to a convention] justices of the peace, including the complete ballot label designation of each such slate as provided in this subsection, which shall be posted in the polling places by each moderator for the inspection of the electors prior to voting.
Sec. 46. Section 9-440 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Upon the closing of the polls at any primary held under sections 9-382 to 9-450, inclusive, as amended by this act, the moderator, in the presence of the other officials, shall immediately lock the voting machines against voting and shall then proceed to ascertain, record and announce the result in the manner provided by law for ascertaining, recording and announcing the result in regular elections. The election officials shall execute certificates and returns similar to those required in regular elections. The moderator in each town not divided into voting districts, and the head moderator in each town divided into voting districts, shall transmit the results of the vote for each office contested at any such primary in the same manner and within the same time as provided under section 9-314 in an election for such office. The late filing fee provided under section 9-314 shall apply to late filing of results of primaries for state or district office. In the case of primaries for state or district offices, [or district delegates,] the Secretary of the State shall forthwith cause to be tabulated the result of the votes cast in the several municipalities in which such primaries have been held and shall publicly declare the result thereof, and a certificate attesting thereto shall be entered in his records.
Sec. 47. Section 9-443 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
The vote for the party-endorsed slate or for any contesting slate of [delegates to any convention] justices of the peace shall operate as a vote for all of the candidates on such slate and shall be counted as such, and there shall be no split-ticket voting for [delegates to conventions] justices of the peace.
Sec. 48. Section 9-444 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
In the case of a primary for state or district office, each person certified by the Secretary of the State as provided in section 9-440, as amended by this act, to have received the greatest number of votes of the electors eligible to vote in a primary for any office shall be deemed to have been chosen as the nominee of such party to such office. [In the case of a primary for district delegates, each person on the slate certified by the Secretary of the State to have received the greatest number of votes of the members of the political party holding a primary for such positions shall be deemed to have been elected as such delegates. ] In the case of a primary for a municipal office, the moderator, or the head moderator, as the case may be, shall declare nominated the person having the greatest number of votes for such office and, if more than one person is to be nominated for the same office, he shall declare nominated the persons having the greatest number of votes for such office up to the number to be chosen. In the case of a primary for members of a town committee, such moderator shall declare elected the persons having the greatest number of votes for such positions up to the number to be chosen for such positions. In the case of a primary for [delegates to a convention other than district delegates] justice of the peace, such moderator shall declare elected each person on the slate having the greatest number of votes for such [positions] offices. In all primaries, a plurality of the votes cast shall be sufficient to nominate or elect, as the case may be.
Sec. 49. Section 9-445 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Forthwith after a primary for nomination to a municipal office or for election of members of a town committee, [or delegates to a convention,] or forthwith upon tabulation of the vote for a state or district office [or for district delegates] by the Secretary of the State when the plurality of an elected or nominated candidate over the vote for a defeated candidate receiving the next highest number of votes was either (1) less than a vote equivalent to one-half of one per cent of the total number of votes cast at the primary for the office or position but not more than one thousand votes, or (2) less than twenty votes, there shall be a recanvass of the returns of the voting machine or voting machines used in such primary for said office or position unless within one day after the primary, in the case of nomination to a municipal office or for election of members of a town committee, [or delegates to a convention,] or prior to the time the Secretary of the State notifies the town clerk of state and district offices [or district delegates] which qualify for an automatic recanvass, the defeated candidate [,] or defeated candidates, [or defeated slate of delegates,] as the case may be, for such office or position file a written statement waiving this right to such recanvass with the municipal clerk in the case of a municipal office [,] or town committee, [or delegates,] or with the Secretary of the State in the case of a state or district office. [or district delegates. ] In the case of a state or district office, [or district delegates,] the Secretary of the State upon tabulation of the votes for such an office shall notify the town clerks in the state or district, as the case may be, of the state and district offices [or district delegates] which qualify for an automatic recanvass and shall also notify each candidate for any such office. When a recanvass is to be held the municipal clerk shall promptly notify the moderator, as defined in section 9-311, who shall proceed forthwith to recanvass such returns of the office in question in the same manner as is provided for a recanvass in regular elections, except that the recanvass officials shall be divided equally, as nearly as may be, among the candidates for such office. In addition to the notice required under section 9-311, the moderator shall, before such recanvass is made, give notice in writing of the time and place of such recanvass to each candidate for a municipal office which qualifies for an automatic recanvass under this section. For purposes of this section, "the total number of votes cast at the primary for the office or position" means in the case of multiple openings for the same office or position, the total number of electors checked as having voted in the primary, in the state, district, municipality or political subdivision, as the case may be. When a recanvass of the returns for an office for which there are multiple openings is required by the provisions of this section, the returns for all candidates for all openings for the office shall be recanvassed. Nothing in this section shall preclude the right to judicial proceedings in behalf of such defeated candidate under any provision of this chapter.
Sec. 50. Section 9-446 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
If two or more candidates obtain the same number of votes at a primary held to nominate candidates for a state or district office, [or if two or more slates of candidates obtain the same number of votes at a primary held for district delegates to a convention,] and a tie vote thereby occurs, any of such candidates, or the state chairman of the political party, may apply for a recanvass of the returns in the manner provided in section 9-445, as amended by this act. If no such application is made, or if any such recanvass results in a tie vote, the Secretary of the State, in the presence of not fewer than three disinterested persons, and after notification to the candidates obtaining the same number of votes and the chairman of the state central committee of the party holding the primary of the time when and the place where such tie vote is to be dissolved, shall dissolve such tie vote by lot. The Secretary of the State shall execute a certificate attesting to the result of the dissolution of such tie vote, and the person so certified or the slate so certified as having been chosen by lot shall be deemed to have received a plurality of the votes cast and shall be deemed to have been chosen as the nominee of such party to such office. [, or as such district delegates, as the case may be. ] If two or more candidates obtain the same number of votes at a primary held to nominate candidates for a municipal office or to elect members of a town committee, or if two or more slates of candidates obtain the same number of votes at a primary held for [delegates to a convention other than district delegates] justices of the peace, and a tie vote thereby occurs, any of such candidates, or the town chairman of the political party, may apply for a recanvass of the returns in the manner provided in section 9-445, as amended by this act. If no such application is made, or if any such recanvass results in a tie vote, the registrar, in the presence of not fewer than three disinterested persons, and after notification to the candidates obtaining the same number of votes, and the chairman of the town committee of the party holding the primary, of the time when and the place where such tie vote is to be dissolved, shall dissolve such tie vote by lot. The registrar shall execute a certificate attesting to the result of the dissolution of such tie vote, and each person so certified [or the slate so certified] as having been chosen by lot shall be deemed to have received a plurality of the votes cast and shall be deemed to have been chosen as the nominee of such party to such office or to have been elected as a member of the town committee, [or as delegates to the convention,] as the case may be.
Sec. 51. Section 9-450 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
Nominations by major parties for any state, district or municipal office to be filled under the provisions of any law relating to elections to fill vacancies, unless otherwise provided therein, shall be made in accordance with the provisions of sections 9-382 to 9-450, inclusive, as amended by this act.
(1) In the case of nominations for representatives in Congress and judges of probate in probate districts composed of two or more towns, provided for in sections 9-212 and 9-218, if the writs of election are issued by the Governor on or before the twenty-first day of May in an even-numbered year and the election is to be held on the day of the state election in such year, the state central committee or other authority of each party shall, not later than the twenty-fourth day of May in such year, publish notice of the date for the [primary for the election of delegates] selection of delegates to the state or district convention to designate the party-endorsed candidate for the office to be filled. [, and the times specified in sections 9-383, 9-391, 9-400, 9-405 and 9-423 shall be applicable. The primary so designated shall be held] Such selection shall be made not earlier than the fifty-sixth day after publication of such notice and not later than the fifth day before the convention. If such writs of election are issued after the twenty-first day of May in such year, or if the election is to be held on any day other than the day of the state election, the day scheduled for the election shall be not earlier than the ninety-first day following the day on which such writs of election are issued. The state central committee or other authority of each party shall, not later than the eighty-fourth day preceding the day of the election, publish notice of the day for the [primary for the election] selection of delegates to the state or district convention to designate the party-endorsed candidate for the office to be filled, which day shall be not earlier than the twenty-eighth day following such publication and not later than the fifty-sixth day preceding the day of the election. The [party-endorsed candidates for election as] selected delegates to such convention shall be certified to the town clerks not later than the twenty-first day preceding the day of such primary. [Contesting slates for election as such delegates shall be filed not later than four o'clock p. m. on the seventh day preceding the day of such primary. ] The state or district convention shall be convened not earlier than the fifth day following such primary and closed not later than the forty-ninth day preceding the day of the election. Contesting candidacies for nomination to the office to be filled shall be filed not later than four o'clock p. m. on the fifth day following the close of such convention. The Secretary of the State shall fix the day for the primary of each party for the nomination to the office to be filled, which day shall be not earlier than the twenty-first day following the close of such convention and not later than the twenty-first day preceding the day of the election.
(2) In the case of judges of probate in probate districts composed of a single town, the day named for the election shall be not earlier than the one-hundred-fifteenth day following the day on which the writ of election is issued, and the times specified in sections 9-391, 9-405 and 9-423, as amended by this act, shall be applicable.
(3) In the case of a vacancy in the office of senator in Congress occurring seventy or more days prior to a state election, the party-endorsed candidate of each party for such office shall be designated at the state convention of such party held for the endorsement of candidates for the state offices to be filled at such election; contesting candidacies for nomination to such office shall be filed not later than four o'clock p. m. on the fourteenth day following the close of such convention; and the primary of such party for nomination to such office shall be held simultaneously with the primaries of such party for nomination to the state and district offices to be filled at such election. If, at the time such vacancy in the office of senator in Congress occurs, such state convention has already been closed, it shall be reconvened by call of the chairman of the state central committee of such party, which call shall be mailed to each delegate [chosen] selected for such convention not less than seventy-two hours prior to such reconvening; such reconvened convention shall be closed not later than the tenth day following the occurrence of such vacancy. The party-endorsed candidate of such party for such office shall be designated at such reconvened convention. Contesting candidates for nomination to such office shall be filed not later than four o'clock p. m. on the fifth day following the close of such reconvened convention. If the primaries of such party for nomination to the state and district offices to be filled at the state election are held not earlier than the twenty-eighth day following the close of such reconvened convention, the primary of such party for nomination to the office of senator in Congress to fill such vacancy shall be held simultaneously with the primaries of such party for nomination to such state and district offices; otherwise, the Secretary of the State shall fix the day for the primary of such party for such nomination to the office of senator in Congress, which day shall be not earlier than the twenty-eighth day following the close of such reconvened convention and not later than the twenty-first day preceding the day of the state election.
(4) The times specified in sections 9-391, 9-405 and 9-423, as amended by this act, shall be applicable to any special town election held to fill a vacancy in any town office under subsection (b) of section 9-164. Except as provided under subsection (c) of section 9-164, any election held to fill a vacancy in any municipal office under the provisions of any special act shall be held not earlier than the one hundred twenty-seventh day following the day upon which warning of such election is issued, and the times specified in sections 9-391, 9-405 and 9-423, as amended by this act, shall be applicable.
Sec. 52. Subsection (a) of section 9-453i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Each page of a nominating petition proposing a candidate for an office to be filled at a regular election shall be submitted to the appropriate town clerk or to the Secretary of the State not later than four o'clock p. m. on the [final day for the filing of primary petitions for municipal offices to be filled at such election pursuant to section 9-405] ninetieth day preceding the day of the regular election.
Sec. 53. Subdivisions (1) and (2) of subsection (a) of section 9-7b of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(1) To make investigations on its own initiative or with respect to statements filed with the commission by the Secretary of the State or any town clerk, or upon written complaint under oath by any individual, with respect to alleged violations of any provision of the general statutes relating to any election or referendum, any primary held pursuant to section 9-423, [9-424,] 9-425 or 9-464 or any primary held pursuant to a special act, and to hold hearings when the commission deems necessary to investigate violations of any provisions of the general statutes relating to any such election, primary or referendum, and for the purpose of such hearings the commission may administer oaths, examine witnesses and receive oral and documentary evidence, and shall have the power to subpoena witnesses under procedural rules the commission shall adopt, to compel their attendance and to require the production for examination of any books and papers which the commission deems relevant to any matter under investigation or in question. In connection with its investigation of any alleged violation of any provision of chapter 145, or of any provision of section 9-359 or section 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination of any absentee ballot, inner and outer envelope from which any such ballot has been removed, depository envelope containing any such ballot or inner or outer envelope as provided in sections 9-150a and 9-150b and any other record, form or document as provided in section 9-150b, in connection with the election, primary or referendum to which the investigation relates. In case of a refusal to comply with any subpoena issued pursuant to this subsection or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof. In any matter under investigation which concerns the operation or inspection of or outcome recorded on any voting machine, the commission may issue an order to the municipal clerk to impound such machine until the investigation is completed.
(2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k, [or] 9-453o or sections 1 to 3, inclusive, of this act, or (B) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 150. The commission may levy a civil penalty against any person under subparagraph (A) or (B) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (B) of this subdivision for a violation of any provision of chapter 150 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation.
Sec. 54. Section 9-453e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable only to petitions circulated on or after said date):
Each circulator of a nominating petition page shall be [an elector] a United States citizen, at least eighteen years of age, a resident of a town in this state and [eligible to vote for all candidates listed on such petition] shall not be on parole for conviction of a felony. Any individual proposed as a candidate in any nominating petition may serve as circulator of the pages of such nominating petition.
Sec. 55. Section 9-453j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable only to petitions circulated on or after said date):
[At the time a petition page is submitted to the town clerk of the town in which it is circulated or to the Secretary of the State, such page shall contain a statement signed by the town clerk of the town in which the circulator is an elector attesting that the circulator is an elector in the town and setting forth his residence address therein and that he is entitled to vote at the election for the office for which such candidacy is being filed. Any town clerk shall forthwith complete said statement upon request by a circulator prior to the time when the petition page is filed with the town clerk of the town in which it was circulated or with the Secretary of the State. ] Each page of a nominating petition submitted to the town clerk or the Secretary of the State and filed with the Secretary of the State under the provisions of sections 9-453a to 9-453s, inclusive, as amended by this act, or section 9-216 shall contain a statement as to the residency in this state and eligibility of the circulator and authenticity of the signatures thereon, signed under penalties of false statement, by the person who circulated the same. [, setting] Such statement shall set forth (1) such circulator's residence address, [and] including the town in this state in which such circulator is [an elector] a resident, (2) the circulator's date of birth and that the circulator is at least eighteen years of age, (3) that the circulator is a United States citizen and not on parole for conviction of a felony, and [stating] (4) that each person whose name appears on such page signed the same in person in the presence of such circulator and that either the circulator knows each such signer or that the signer satisfactorily identified himself to the circulator. Any false statement committed with respect to such statement shall be deemed to have been committed in the town in which the petition was circulated.
Sec. 56. Subsection (a) of section 9-453k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable only to petitions circulated on or after said date):
(a) The town clerk or Secretary of the State shall not accept any page of a nominating petition unless the circulator thereof has signed before him or an appropriate person as provided in section 1-29, the statement as to the residency in this state and eligibility of the circulator and authenticity of the signatures thereon required by section 9-453j, as amended by this act.
Sec. 57. Subsection (a) of section 9-453o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable only to petitions circulated on or after said date):
(a) The Secretary of the State may not count for purposes of determining compliance with the number of signatures required by section 9-453d the signatures certified by the town clerk on any petition page filed under sections 9-453a to 9-453s, inclusive, as amended by this act, or 9-216 if: (1) The name of the candidate, his address or the party designation, if any, has been omitted from the face of the petition; (2) the page does not contain a statement by the circulator as to the residency in this state and eligibility of the circulator and authenticity of the signatures thereon as required by section 9-453j, as amended by this act, or upon which such statement of the circulator is incomplete in any respect; or (3) the page does not contain the certifications required by sections 9-453a to 9-453s, inclusive, as amended by this act, by the town clerk of the town in which the signers reside. The town clerk shall cure any omission on his part by signing any such page at the office of the Secretary of the State and making the necessary amendment or by filing a separate statement in this regard, which amendment shall be dated.
Sec. 58. Subsection (a) of section 9-436 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004):
(a) Voting machines shall be used at each primary, provided, (1) if, because of the number of offices and positions to be voted upon at a primary, there is an insufficient number of vertical columns on any machine to be used in a municipality, the vote in such municipality at such primary for such offices or positions as the Secretary of the State determines shall be taken by paper ballots, and (2) if, because of the number of candidates for any office or position to be voted upon at a primary, there is an insufficient number of horizontal rows with respect to such office or position on any machine to be used in the municipality, the vote in such municipality at such primary for such office or position shall be taken by paper ballots. More than one voting machine may be used in any voting district if the registrar so prescribes. The registrar shall furnish a number of voting machines sufficient to provide a voting machine for each [twelve] twenty-four hundred or fraction of [twelve] twenty-four hundred electors eligible to vote at such primary in the municipality or voting district, as the case may be, and other necessary equipment. In each polling place in which a party has authorized unaffiliated electors, pursuant to section 9-431, to vote for some but not all offices to be contested at the primary, a separate voting machine shall be used for such unaffiliated electors and the registrar shall separately furnish one voting machine for each [twelve] twenty-four hundred or fraction of [twelve] twenty-four hundred enrolled party members and one voting machine for each [twelve] twenty-four hundred or fraction of [twelve] twenty-four hundred unaffiliated electors authorized to vote at such primary in such district. In determining such number of electors, enrolled party members or unaffiliated electors, the registrar shall not count the names on the enrollment or registry lists of seventy-five per cent of such electors, unaffiliated electors or enrolled party members who reside in institutions, as defined in section 9-159q. The registrar may provide more than the minimum number of voting machines required by this section.
Sec. 59. Section 9-453a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
Each petition for nomination for elective office shall be on a form prescribed and provided by the Secretary of the State. Such form shall include, at the top of the form and in bold print, the following:
WARNING
IT IS A CRIME TO SIGN THIS PETITION
IN THE NAME OF ANOTHER PERSON
WITHOUT LEGAL AUTHORITY TO DO SO
AND YOU MAY NOT SIGN THIS PETITION
IF YOU ARE NOT AN ELECTOR.
Such form shall provide lines for the signatures, street addresses, dates of birth and the printing of the names of signators. A signator shall print his name on said line following the signing of the signator's name. Before issuing a petition form, the secretary shall, above the space provided for signatures, type or print the name and address of the candidate, the office sought and the election and the date thereof. The secretary shall give to any person requesting such form one or more petition pages, suitable for duplication, as the secretary deems necessary. If the person is requesting the form on behalf of an indigent candidate or a group of indigent candidates listed on the same nominating petition, the secretary shall give the person the number of original pages that he requests or the number which the secretary deems sufficient. An original petition page may be duplicated by or on behalf of the candidate or candidates listed on the page and signatures may be obtained on such duplicates. The duplicates shall be filed in the same manner and shall be subject to the same requirements as original petition pages.
Sec. 60. Subsection (c) of section 9-333j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):
(c) (1) Each statement filed under subsection (a), (e) or (f) of this section shall include, but not be limited to: (A) An itemized accounting of each contribution, if any, including the full name and complete address of each contributor and the amount of the contribution; (B) in the case of anonymous contributions, the total amount received and the denomination of the bills; (C) an itemized accounting of each expenditure, if any, including the full name and complete address of each payee, the amount and the purpose of the expenditure, the candidate supported or opposed by the expenditure, whether the expenditure is made independently of the candidate supported or is an in-kind contribution to the candidate, and a statement of the balance on hand or deficit, as the case may be; (D) an itemized accounting of each expense incurred but not paid; (E) the name and address of any person who is the guarantor of a loan to, or the cosigner of a note with, the candidate on whose behalf the committee was formed, or the campaign treasurer in the case of a party committee or a political committee or who has advanced a security deposit to a telephone company, as defined in section 16-1, for telecommunications service for a committee; (F) for each business entity or person purchasing advertising space in a program for a fund-raising affair, the name and address of the business entity and the name of the chief executive officer of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; (G) for each individual who contributes in excess of one hundred dollars but not more than one thousand dollars, in the aggregate, to the extent known, the principal occupation of such individual and the name of the individual's employer, if any; (H) for each individual who contributes in excess of one thousand dollars in the aggregate, the principal occupation of such individual, the name of the individual's employer, if any, and a statement indicating whether the individual or a business with which he is associated has a contract with the state which is valued at more than five thousand dollars; [and] (I) for each itemized contribution made by a lobbyist, the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist's household, a statement to that effect; and (J) for each individual who contributes in excess of four hundred dollars in the aggregate to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough, a statement indicating whether the individual or a business with which he is associated has a contract with said municipality that is valued at more than five thousand dollars. Each campaign treasurer shall include in such statement an itemized accounting of the receipts and expenditures relative to any testimonial affair held under the provisions of section 9-333k or any other fund-raising affair.
(2) Each contributor described in subparagraph (G), (H), [or] (I) or (J) of subdivision (1) of this subsection shall, at the time [he] the contributor makes such a contribution, provide the information which the campaign treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, any contributor described in subparagraph (G) of subdivision (1) of this subsection who does not provide such information at the time [he] the contributor makes such a contribution and any treasurer shall not be subject to the provisions of subdivision (2) of section 9-7b. If a campaign treasurer receives a contribution from an individual which separately, or in the aggregate, is in excess of one thousand dollars and the contributor has not provided the information required by said subparagraph (H) or if a campaign treasurer receives a contribution from an individual to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough, which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph (J), the campaign treasurer: (i) Within three business days after receiving the contribution, shall send a request for such information to the contributor by certified mail, return receipt requested; (ii) shall not deposit the contribution until [he] the campaign treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-333h; and (iii) shall return the contribution to the contributor if the contributor does not provide the required information within fourteen days after the treasurer's written request or the end of the reporting period in which the contribution was received, whichever is later. Any failure of a contributor to provide the information which the campaign treasurer is required to include under said subparagraph (G) or (I), which results in noncompliance by the campaign treasurer with the provisions of said subparagraph (G) or (I), shall be a complete defense to any action against the campaign treasurer for failure to disclose such information.
(3) Contributions from a single individual to a campaign treasurer in the aggregate totaling thirty dollars or less need not be individually identified in the statement, but a sum representing the total amount of all such contributions made by all such individuals during the period to be covered by such statement shall be a separate entry, identified only by the words "total contributions from small contributors".
(4) Statements filed in accordance with this section shall remain public records of the state for five years from the date such statements are filed.
Sec. 61. Subsections (e), (f) and (g) of section 9-333i of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
(e) (1) Any such payment shall be by check drawn by the campaign treasurer, on the designated depository. Any payment in satisfaction of any financial obligation incurred by a [party] committee may also be made by debit card. (2) The campaign treasurer of each committee may draw a check, not to exceed one hundred dollars, to establish a petty cash fund and may deposit additional funds to maintain it, but the fund shall not exceed one hundred dollars at any time. All expenditures from a petty cash fund shall be reported in the same manner as any other expenditure.
(f) The campaign treasurer shall preserve all internal records of transactions entered in reports filed pursuant to section 9-333j, as amended by this act, for four years from the date of the report in which the transactions were entered. If any checks are issued pursuant to subsection (e) of this section, the campaign treasurer who issues them shall preserve all cancelled checks and bank statements for four years from the date on which they are issued. If debit card payments are made pursuant to subsection (e) of this section, the campaign treasurer who makes said payments shall preserve all debit card slips and bank statements for four years from the date on which the payments are made. In the case of a candidate committee, the campaign treasurer or the candidate, if the candidate so requests, shall preserve all internal records, cancelled checks, debit cards slips and bank statements for four years from the date of the last report required to be filed under subsection (a) of section 9-333j.
(g) (1) As used in this subsection, (A) "the lawful purposes of his committee" means: (i) For a candidate committee or exploratory committee, the promoting of the nomination or election of the candidate who established the committee, except that after a political party nominates candidates for election to the offices of Governor and Lieutenant Governor, whose names shall be so placed on the ballot in the election that an elector will cast a single vote for both candidates, as prescribed in section 9-181, a candidate committee established by either such candidate may also promote the election of the other such candidate; (ii) for a political committee, the promoting of the success or defeat of candidates for nomination and election to public office or position subject to the requirements of this chapter, or the success or defeat of referendum questions, provided a political committee formed for a single referendum question shall not promote the success or defeat of any candidate, and provided further a political committee designated by the majority of the members of a political party who are also members of the state House of Representatives or the state Senate may expend funds to defray costs of its members for conducting legislative or constituency-related business which are not reimbursed or paid by the state; and (iii) for a party committee, the promoting of the party, the candidates of the party and continuing operating costs of the party, and (B) "immediate family" means a spouse or dependent child of a candidate who resides in the candidate's household.
(2) Unless otherwise provided by this chapter, any campaign treasurer, in accomplishing the lawful purposes of his committee, may pay the expenses of: (A) Advertising in electronic and print media; (B) any other form of printed advertising or communications including "thank you" advertising after the election; (C) campaign items, including, but not limited to, brochures, leaflets, flyers, invitations, stationery, envelopes, reply cards, return envelopes, campaign business cards, direct mailings, postcards, palm cards, "thank you" notes, sample ballots and other similar items; (D) political banners and billboards; (E) political paraphernalia, which is customarily given or sold to supporters including, but not limited to, campaign buttons, stickers, pins, pencils, pens, matchbooks, balloons, pads, calendars, magnets, key chains, hats, tee shirts, sweatshirts, frisbees, pot holders, jar openers and other similar items; (F) purchasing office supplies for campaign or political purposes, campaign photographs, raffle or other fund-raising permits required by law, fund-raiser prizes, postage, express mail delivery services, bulk mail permits, and computer supplies and services; (G) banking service charges to maintain campaign and political accounts; (H) subscriptions to newspapers and periodicals which enhance the candidacy of the candidate or party; (I) lease or rental of office space for campaign or political purposes and expenses in connection therewith including, but not limited to, furniture, parking, storage space, utilities and maintenance, provided a party committee or political committee organized for ongoing political activities may purchase such office space; (J) lease or rental of vehicles for campaign use only; (K) lease, rental or use charges of any ordinary and necessary campaign office equipment including, but not limited to, copy machines, telephones, postage meters, facsimile machines, computer hardware, software and printers, provided a party committee or political committee organized for ongoing political activities may purchase office equipment, and provided further that a candidate committee or a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, may purchase computer equipment; (L) compensation for campaign or committee staff, fringe benefits and payroll taxes, provided the candidate and any member of his immediate family shall not receive compensation; (M) travel, meals and lodging expenses of speakers, campaign or committee workers, the candidate and the candidate's spouse for political and campaign purposes; (N) fund raising; (O) reimbursements to candidates and campaign or committee workers made in accordance with the provisions of section 9-333i, as amended by this act, for campaign-related expenses for which a receipt is received by the campaign treasurer; (P) campaign or committee services of attorneys, accountants, consultants or other professional persons for campaign activities, obtaining or contesting ballot status, nomination, or election, and compliance with this chapter; (Q) purchasing campaign finance reports; (R) repaying permissible campaign loans made to the committee that are properly reported and refunding contributions received from an impermissible source or in excess of the limitations set forth in this chapter; (S) conducting polls concerning any political party, issue, candidate or individual; (T) gifts to campaign or committee workers or purchasing flowers or other commemorative items for political purposes not to exceed fifty dollars to any one recipient in a calendar year or for the campaign, as the case may be; (U) purchasing tickets or advertising from charities, inaugural committees, or other civic organizations if for a political purpose, for any candidate, a candidate's spouse, a member of a candidate's campaign staff, or members of committees; (V) the inauguration of an elected candidate by that candidate's candidate committee; (W) hiring of halls, rooms, music and other entertainment for political meetings and events; (X) reasonable compensation for public speakers hired by the committee; (Y) transporting electors to the polls and other get-out-the-vote activities on election day; [,] and (Z) any other necessary campaign or political expense.
(3) Nothing in this section shall prohibit a candidate from purchasing equipment from his personal funds and leasing or renting such equipment to his candidate committee or his exploratory committee, provided the candidate and his campaign treasurer sign a written lease or rental agreement. Such agreement shall include the lease or rental price, which shall not exceed the fair lease or rental value of the equipment. The candidate shall not receive lease or rental payments which in the aggregate exceed his cost of purchasing the equipment.
(4) As used in this subdivision, expenditures for "personal use" include expenditures to defray normal living expenses for the candidate or the immediate family of the candidate and expenditures for the personal benefit of the candidate having no direct connection with, or effect upon, the campaign of the candidate. No goods, services, funds and contributions received by any committee under this chapter shall be used or be made available for the personal use of any candidate. No candidate or candidate committee shall use such goods, services, funds or contributions for any purpose other than campaign purposes permitted by this chapter or expenses incurred in preparation for taking office.
Sec. 62. Subsection (e) of section 9-333j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
(e) (1) Notwithstanding any provisions of this chapter to the contrary, in the event of a surplus the campaign treasurer of a candidate committee or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall distribute or expend such surplus within ninety days after a primary which results in the defeat of the candidate, an election or referendum, in the following manner:
(A) Such committees may distribute their surplus to a party committee, or a political committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, or distribute such surplus to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, provided no candidate committee may distribute such surplus to a committee which has been established to finance future political campaigns of the candidate;
(B) Each such political committee established by an organization which received its funds from the organization's treasury shall return its surplus to its sponsoring organization;
(C) (i) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which does not receive contributions from a business entity or an organization, shall distribute its surplus to a party committee, to a political committee organized for ongoing political activities, to a national committee of a political party, to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies or to any organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, (ii) each political committee formed solely to aid or promote the success or defeat of any referendum question, which receives contributions from a business entity or an organization, shall distribute its surplus to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies, or to any organization which is tax-exempt under said provisions of the Internal Revenue Code. Notwithstanding the provisions of this subsection, a committee formed for a single referendum shall not be required to expend its surplus within ninety days after the referendum and may continue in existence if a substantially similar referendum question on the same issue will be submitted to the electorate within six months after the first referendum. If two or more substantially similar referenda on the same issue are submitted to the electorate, each no more than six months apart, the committee shall expend such surplus within ninety days following the date of the last such referendum;
(D) The campaign treasurer of the candidate committee of a candidate who is elected to office may, upon the authorization of such candidate, expend surplus campaign funds to pay for the cost of clerical, secretarial or other office expenses necessarily incurred by such candidate in preparation for taking office; except such surplus shall not be distributed for the personal benefit of any individual or to any organization; and
(E) The campaign treasurer of a candidate committee, or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall, prior to the dissolution of such committee, either (i) distribute any equipment purchased, including but not limited to computer equipment, to any recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased, including but not limited to computer equipment, to any person for fair market value and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A).
(2) Notwithstanding any provisions of this chapter to the contrary, the campaign treasurer of the candidate committee of a candidate who has withdrawn from a primary or election may, prior to the primary or election, distribute its surplus to any organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or return such surplus to all contributors to the committee on a prorated basis of contribution.
(3) Within seven days after such distribution or within seven days after all funds have been expended in accordance with subparagraph (D) of subdivision (1) of this subsection, the campaign treasurer shall file a supplemental statement, sworn under penalty of false statement, with the proper authority, identifying all further contributions received since the previous statement and explaining how any surplus has been distributed or expended in accordance with this section. No surplus may be distributed or expended until after the election, primary or referendum.
(4) In the event of a deficit the campaign treasurer shall file a supplemental statement ninety days after the election, primary or referendum with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in the deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file such supplemental statements as required until the deficit is eliminated. If any such committee does not have a surplus or a deficit, the statement required to be filed within forty-five days following any election or referendum or within thirty days following any primary shall be the last required statement.
Sec. 63. Subsection (d) of section 9-333l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
(d) (1) No incumbent holding office shall, during the three months preceding an election in which he is a candidate for reelection or election to another office, use public funds to mail or print flyers or other promotional materials intended to bring about his election or reelection.
(2) No official or employee of the state or a political subdivision of the state shall authorize the use of public funds for a television, radio, movie theater, billboard, bus poster, newspaper or magazine promotional campaign or advertisement, which (A) features the name, face or voice of a candidate for public office, or (B) promotes the nomination or election of a candidate for public office, during the five-month period preceding the election being held for the office which the candidate described in this subdivision is seeking.
Sec. 64. Section 9-333r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
(a) A candidate committee shall not make contributions to, or for the benefit of, (1) a party committee, (2) a political committee, except to a political committee which has been formed for a slate of convention delegates in a primary, (3) a committee of a candidate for federal or out-of-state office, (4) a national committee, or (5) another candidate committee except that (A) a pro rata sharing of certain expenses in accordance with subsection (b) of section 9-333l shall be permitted, and (B) after a political party nominates candidates for election to the offices of Governor and Lieutenant Governor, whose names shall be so placed on the ballot in the election that an elector will cast a single vote for both candidates, as prescribed in section 9-181, an expenditure by a candidate committee established by either such candidate that benefits the candidate committee established by the other such candidate shall be permitted.
(b) A candidate committee shall not receive contributions from any national committee or from a committee of a candidate for federal or out-of-state office.
Sec. 65. Subdivision (3) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
(3) (A) To issue an order requiring any person the commission finds to have received any contribution or payment which is prohibited by any of the provisions of chapter 150, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive, to return such contribution or payment to the donor or payor, or to remit such contribution or payment to the state for deposit in the General Fund, whichever is deemed necessary to effectuate the purposes of chapter 150;
(B) To issue an order when the commission finds that an intentional violation of any provision of chapter 150 has been committed, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, which order may contain one or more of the following sanctions: (i) Removal of a campaign treasurer, deputy campaign treasurer or solicitor; [or] (ii) prohibition on serving as a campaign treasurer, deputy campaign treasurer or solicitor, for a period not to exceed four years; and (iii) in the case of a party committee or a political committee, suspension of all political activities, including, but not limited to, the receipt of contributions and the making of expenditures, provided the commission may not order such a suspension unless the commission has previously ordered the removal of the campaign treasurer and notifies the officers of the committee that the commission is considering such suspension;
(C) To issue an order revoking any person's eligibility to be appointed or serve as an election, primary or referendum official or unofficial checker or in any capacity at the polls on the day of an election, primary or referendum, when the commission finds such person has intentionally violated any provision of the general statutes relating to the conduct of an election, primary or referendum, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive.
Sec. 66. Section 9-333x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):
The following persons shall be guilty of illegal practices and shall be punished in accordance with the provisions of section 9-333y:
(1) Any person who, directly or indirectly, individually or by another person, gives or offers or promises to any person any money, gift, advantage, preferment, entertainment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any election, caucus, convention, primary or referendum;
(2) Any person who, directly or indirectly, receives, accepts, requests or solicits from any person, committee, association, organization or corporation, any money, gift, advantage, preferment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(3) Any person who, in consideration of any money, gift, advantage, preferment, aid, emolument or other valuable thing paid, received, accepted or promised to the person's advantage or any other person's advantage, votes or refrains from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(4) Any person who solicits from any candidate any money, gift, contribution, emolument or other valuable thing for the purpose of using the same for the support, assistance, benefit or expenses of any club, company or organization, or for the purpose of defraying the cost or expenses of any political campaign, primary, referendum or election;
(5) Any person who, directly or indirectly, pays, gives, contributes or promises any money or other valuable thing to defray or towards defraying the cost or expenses of any campaign, primary, referendum or election to any person, committee, company, club, organization or association, other than to a campaign treasurer, except that this subdivision shall not apply to any expenses for postage, telegrams, telephoning, stationery, express charges, traveling, meals, lodging or photocopying incurred by any candidate for office or for nomination to office, so far as may be permitted under the provisions of this chapter;
(6) Any person who, in order to secure or promote the person's own nomination or election as a candidate, or that of any other person, directly or indirectly, promises to appoint, or promises to secure or assist in securing the appointment, nomination or election of any other person to any public position, or to any position of honor, trust or emolument; but any person may publicly announce the person's own choice or purpose in relation to any appointment, nomination or election in which the person may be called to take part, if the person is nominated for or elected to such office;
(7) Any person who, directly or indirectly, individually or through another person, makes a payment or promise of payment to a campaign treasurer in a name other than the person's own, and any campaign treasurer who knowingly receives a payment or promise of payment, or enters or causes the same to be entered in the person's accounts in any other name than that of the person by whom such payment or promise of payment is made;
(8) Any person who knowingly and wilfully violates any provision of this chapter;
(9) Any person who offers or receives a cash contribution in excess of one hundred dollars to promote the success or defeat of any political party, candidate or referendum question;
(10) Any person who solicits, makes or receives a contribution that is otherwise prohibited by any provision of this chapter; [or]
(11) Any department head or deputy department head of a state department who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office or any political party; or
(12) Any municipal employee who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office, any political committee or any political party, from (A) an individual under the supervision of such employee, or (B) the spouse or a dependent child of such individual.
Sec. 67. (Effective January 1, 2004, and applicable to primaries and elections held on or after January 1, 2004) Sections 9-407, 9-408, 9-424 and 9-427 of the general statutes are repealed.
Approved July 9, 2003