November 26, 2004		2004-R-0904
FILLING LEGISLATIVE VACANCIES—RULE ON SPECIAL ELECTIONS
By: Sandra Norman-Eady, Chief Attorney

You asked about the procedure for filling a vacancy in the legislature. Specifically, you wanted to know when a special election is held.

A vacancy occurs in the legislature when (1) a member notifies the secretary of the state of his decision or (2) the town clerk of the town where a member lived notifies the secretary that a member has died. Whether a special election is called to fill a legislative vacancy depends on when the vacancy occurs.

With two exceptions, the law requires the governor to issue writs of election (notice to town clerks to announce the election), ordering a special election to be held in the district town or towns where a legislative vacancy occurs. He must issue the writs within 10 days of the vacancy and order the special election to be held on the 46^th day after that, except no election may be held on Saturday or Sunday.

However, if the vacancy occurs between four and one-half months (125 days) and seven weeks (the 49^th day) before a regular state or municipal election in November, the governor must wait to issue the writs of election until the 46^th day before the regularly-scheduled election so that the vacancy can be filled at that time, eliminating the need to hold a separate, special election to fill it.

Additionally, if a vacancy occurs between the 49^th day before a regular state election in November (a day that can fall between September 14 and 21) and the beginning of the next legislative session in January, it remains unfilled until the next regular election with one exception. If the vacancy is caused by the death or resignation of a member-elect, a special election is called in accordance with the above-stated rules (CGS § 9-215).

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