Connecticut Seal

General Assembly

 

Raised Bill No. 423

February Session, 2010

 

LCO No. 2025

 

*02025_______GAE*

Referred to Committee on Government Administration and Elections

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING RECOMMENDATIONS OF THE CONNECTICUT TOWN CLERKS CONCERNING DISCLOSURE AND ELECTIONS LAWS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) No public agency may disclose, under the Freedom of Information Act, the residential address of any of the following persons:

(1) A federal court judge, federal court magistrate, judge of the Superior Court, Appellate Court or Supreme Court of the state, or family support magistrate;

(2) A sworn member of a municipal police department, a sworn member of the Division of State Police within the Department of Public Safety or a sworn law enforcement officer within the Department of Environmental Protection;

(3) An employee of the Department of Correction;

(4) An attorney-at-law who represents or has represented the state in a criminal prosecution;

(5) An attorney-at-law who is or has been employed by the Public Defender Services Division or a social worker who is employed by the Public Defender Services Division;

(6) An inspector employed by the Division of Criminal Justice;

(7) A firefighter;

(8) An employee of the Department of Children and Families;

(9) A member or employee of the Board of Pardons and Paroles;

(10) An employee of the judicial branch;

(11) An employee of the Department of Mental Health and Addiction Services who provides direct care to patients; or

(12) A member or employee of the Commission on Human Rights and Opportunities.

(b) The business address of any person described in subsection (a) of this section shall be subject to disclosure under section 1-210.

(c) The provisions of this section shall not apply to Department of Motor Vehicles records described in section 14-10, or to any municipal clerk or registrar of vital statistics who discloses any of the following documents that may contain the residential address of a person described in subsection (a) of this section:

(1) Land records, maps and surveys;

(2) Trade names certificates;

(3) Dog licenses;

(4) Vital records;

(5) Lists of appointed and elected officials;

(6) Meeting minutes;

(7) Petitions; and

(8) Registry and enrollment lists of voters.

Sec. 2. Section 9-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

Ballots shall be printed in [black ink, in] plain clear type [,] and on clear white material of such size as will fit the tabulator, and shall be furnished by the registrar of voters. The size and style of the type used to print the name of a political party on a ballot shall be identical with the size and style of the type used to print the names of all other political parties appearing on such ballot. The name of each major party candidate for a municipal office, as defined in section 9-372, [except for the municipal offices of state senator and state representative,] shall appear on the ballot as [it appears on the registry list of the candidate's town of voting residence, except as provided in section 9-42a] the candidate authorizes it to appear on the ballot, pursuant to the certificate filed or the statement of consent filed. The name of each major party candidate for a state or district office, as defined in section 9-372, or for [the] a municipal office [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, or section 9-400 or 9-409, as amended by this act. The name of each minor party candidate shall appear on the ballot as it appears on the [registry list] certificate or statement of consent filed under section 9-388, or in accordance with the provisions of section 9-452, as amended by this act. The name of each nominating petition candidate shall appear on the ballot as [it is verified by the town clerk on the application filed under section 9-453b] the candidate authorizes it to appear on the ballot, pursuant to the certificate filed or the statement of consent filed. The size and style of the type used to print the name of a candidate on a ballot shall be identical with the size and style of the type used to print the names of all other candidates appearing on such ballot. Such ballot shall contain the names of the offices and the names of the candidates arranged thereon. The names of the political parties and party designations shall be arranged on the ballots, either in columns or horizontal rows as set forth in section 9-249a, immediately adjacent to the column or row occupied by the candidate or candidates of such political party or organization. [When two or more candidates are to be elected to the same office, the] The ballot shall be printed in such manner as to indicate [that] how many candidates the elector may vote for, [any two or such other number as he is entitled to vote for,] provided in the case of a town adopting the provisions of section 9-204a, such ballot shall indicate the maximum number of candidates who may be elected to such office from any party. If two or more candidates are to be elected to the same office for different terms, the term for which each is nominated shall be printed on the official ballot as a part of the title of the office. If, at any election, one candidate is to be elected for a full term and another to fill a vacancy, the official ballot containing the names of the candidates in the foregoing order shall, as a part of the title of the office, designate the term which such candidates are severally nominated to fill. No column, under the name of any political party or independent organization, shall be printed on any official ballot, which contains more candidates for any office than the number for which an elector may vote for that office.

Sec. 3. Section 9-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

Petition forms for candidacies for nomination to municipal office or for election as members of town committees 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] Each such candidate shall include on the statement of consent his name as he authorizes it to appear on the ballot. 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 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. 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. 4. Subsection (a) of section 9-437 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(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 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] as the candidate authorizes it to appear on the ballot, pursuant to the certificate filed or the statement of consent filed, except as provided in section 9-42a, as amended by this act. 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, 9-391, as amended by this act, 9-400 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.

Sec. 5. Section 2-30a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) At such time as a proposed constitutional amendment and its concomitant ballot question is approved by the General Assembly for presentation to the electors of the state for their consideration at a general election, the Office of Legislative Research shall prepare a concise explanatory text as to the content and purpose of the proposed constitutional amendment subject to the approval of the joint standing committee of the General Assembly having cognizance of constitutional amendments. Upon such approval, the Secretary of the State shall cause such proposed amendment and such explanatory text to be printed and transmitted to the town clerk in each town in the state in sufficient supply for public distribution.

(b) The Secretary of the State shall print the explanations of proposed constitutional amendments, as required by subsection (a) of this section, on posters of a size to be determined by said secretary and shall mail at least three such posters for every polling place within a town, to the [town clerk] registrars of voters. Said [clerk] registrars shall cause at least three such posters to be posted at each polling place at which electors shall be voting on such proposed constitutional amendments. Any posters received by [a town clerk] the registrars in excess of the number required by this subsection to be so posted may be displayed by said [clerk at his] registrars at their discretion at locations which are frequented by the public. No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment.

Sec. 6. Section 9-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

[(a) As used in this section, the term "municipal office" shall be construed as defined in section 9-372, except that such term shall not include the municipal offices of state senator and state representative.]

[(b)] (a) On the written request of any elector who identifies himself to the satisfaction of the registrars of voters, such registrars shall make any changes in the name of such elector as it appears on the registry list, provided such elector furnishes reasonable evidence to the registrars that the name as changed is a lawful name of such elector. No such change shall be made between the Tuesday of the fifth week before a regular election and the day of such election.

[(c)] (b) No such change in the name of a candidate at a primary shall affect the name of the candidate as it appears on the primary ballot. [unless the elector is a candidate for town committee or municipal office and the change is made not later than the twenty-ninth day preceding the day of the primary.] No such change in the name of a major party candidate at an election shall affect the name of such candidate as it appears on the election ballot. [unless the elector is a candidate for municipal office and the change is made not later than the fifty-fifth day preceding the day of such election.] No such change in the name of a minor party candidate or a nominating petition candidate for any office at an election shall affect the name of such candidate as it appears on the election ballot. [unless the change is made not later than the fifty-fifth day preceding the day of the election.]

Sec. 7. Section 9-232j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The moderator of the election in each voting district shall appear at the office of the [town clerk] registrars of voters not later than eight o'clock p.m. of the day before an election for federal office. At such time, the [town clerk] registrars of voters shall provide a provisional ballot packet to such moderator or moderators. Each packet shall include: (1) The appropriate number of provisional ballots for federal office provided by the Secretary of the State, which shall be equal to not less than one per cent of the number of electors who are eligible to vote in the voting district served by the moderator, or such other number as the municipal clerk and the registrars agree is sufficient to protect electors' voting rights, (2) the appropriate number of serially-numbered envelopes prescribed by the Secretary, (3) a provisional ballot inventory form, (4) a provisional ballot depository envelope, and (5) other necessary forms prescribed by the Secretary.

Sec. 8. Subsection (a) of section 9-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(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 shall be made under the provisions of section 9-390 not earlier than the fifty-sixth day or later than the forty-ninth day preceding the day of such primary. The endorsement shall be certified to the clerk of the municipality by either (1) the chairman or presiding officer, or (2) 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] of each such endorsed candidate as the candidate authorizes it to appear on the ballot, the signature of each such endorsed candidate, the street address of each person so endorsed, the title of the office or the position as committee member and the name or number of the political subdivision or district, if any, for which each such person is endorsed. If such a certificate of a party's endorsement is not received by the town clerk by such time, such certificate shall be invalid and such party, for purposes of sections 9-417, 9-418 and 9-419, shall be deemed to have neither made nor certified such endorsement of any candidate for such office.

Sec. 9. Section 9-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

All minor parties nominating candidates for any elective office shall make such nominations and certify and file a list of such nominations, as required by this section, not later than the sixty-second day prior to the day of the election at which such candidates are to be voted for. A list of nominees in printed or typewritten form that includes each candidate's name as each candidate authorizes it to appear on the ballot, the signature of each candidate, the full street address of each candidate and the title and district of the office for which each candidate was nominated shall be certified by the presiding officer of the committee, meeting or other authority making such nomination and shall be filed by such presiding officer with the Secretary of the State, in the case of state or district office or the municipal office of state representative, state senator or judge of probate, or with the clerk of the municipality, in the case of municipal office, not later than the sixty-second day prior to the day of the election. The clerk of such municipality shall promptly verify and correct the names on any such list filed with him, or the names of nominees forwarded to him by the Secretary of the State, in accordance with the registry list of such municipality and endorse the same as having been so verified and corrected. For purposes of this section, a list of nominations shall be deemed to be filed when it is received by the secretary or clerk, as appropriate.

Sec. 10. Section 9-461 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

Not later than the seventh day following the date set for the primary for nomination at any election at which a municipal office is to be filled, the clerk of the municipality in which such election is to be held shall file with the Secretary of the State a list of the candidates of each party for the municipal offices to be filled at such election nominated in accordance with the provisions of this chapter. Such list shall be on a form provided by the Secretary of the State and shall indicate the name and address of each candidate and the office and term for which each candidate has been nominated, and, except for major party candidates for the municipal offices of state senator or state representative, shall contain the certification of such municipal clerk that he has compared the name of each such candidate with the candidate's name as [it appears on the registry list] the candidate authorizes it to appear on the ballot, pursuant to the certificate filed in accordance with subsection (c) of section 9-391, or the statement of consent filed in accordance with section 9-409, as amended by this act, as applicable, and has verified and corrected the same. In the case of major party candidates for the municipal offices of state senator or state representative, such list shall contain the certification of the [town] municipal clerk that he has compared the name of each such candidate with the candidate's name as the candidate has authorized, on the certificate or statement of consent filed under subsection (b) of section 9-391 or section 9-409, as amended by this act, his name to appear, and has verified and corrected the same. Such list shall include a statement of the total number of candidates for which each elector may vote for each office and term at such election as set forth in the list or amendment or supplement thereto filed with the Secretary of the State under section 9-254. After the filing of such list of candidates, the clerk of the municipality shall forthwith notify the Secretary of the State of any errors in such list or of any changes in such list provided for in section 9-329a or 9-460.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2010

1-217

Sec. 2

July 1, 2010

9-250

Sec. 3

July 1, 2010

9-409

Sec. 4

July 1, 2010

9-437(a)

Sec. 5

from passage

2-30a

Sec. 6

July 1, 2010

9-42a

Sec. 7

from passage

9-232j

Sec. 8

July 1, 2010

9-391(a)

Sec. 9

July 1, 2010

9-452

Sec. 10

July 1, 2010

9-461

Statement of Purpose:

To exempt certain town records from address confidentiality provisions and to make certain changes to the election laws which affect town clerks and conform to current practice.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]