AN ACT CONCERNING PRIMARIES FOR MUNICIPAL OR STATE OFFICE.

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

Section 1. Section 9-436 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Voting tabulators 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 ballot 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 ballot 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 tabulator may be used in any voting district if the registrar of voters so prescribes. [The registrar shall furnish a number of voting booths sufficient to provide a voting booth for each five hundred or fraction of five 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 tabulator [shall] may be used for such unaffiliated electors and the registrar [shall] of voters may separately furnish one voting booth for [each five hundred or fraction of five hundred enrolled party members and one voting booth for each five hundred or fraction of five 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 booths required by this section.]

[(b) Each tabulator 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 justices of the peace shall be by slate, as provided in section 9-443.]

[(c)] (b) The registrar [shall appoint from among the enrolled party members in the municipality or political subdivision holding the primary, as the case may be,] of voters may appoint any elector in the state to serve in each polling place, the primary polling place officials, who shall consist of one moderator, at least one, but not more than two official checkers, [not more than two challengers if he deems it necessary,] and at least one, [and] but not more than two ballot clerks and at least one, but not more than two voting tabulator tenders for each tabulator in use at such primary and [, in towns with two or more voting districts] at least one, [and] but not more than two assistant registrars. [, provided (1) in the case of a political subdivision holding a primary, if no enrolled party member who resides in the political subdivision and who is a certified moderator consents to serve as a moderator, the registrar may appoint any enrolled party member who resides in the municipality and is a certified moderator to be moderator, (2) in the case of either a municipality or a political subdivision holding a primary, if no enrolled party member can be found or no such person consents to serve as a moderator, the registrar may appoint any elector who resides in the municipality and is a certified moderator to be moderator, (3) in the case of a political subdivision holding a primary, if an insufficient number of enrolled party members who reside in the political subdivision consent to serve as checkers, challengers, voting tabulator tenders or assistant registrars, the registrar may appoint any enrolled party member who resides in the municipality to be a checker, challenger, voting tabulator tender or assistant registrar, (4) in the case of either a municipality or a political subdivision holding a primary, if a sufficient number of enrolled party members cannot be found or do not consent to serve in a position described in subdivision (3) of this subsection, the registrar may appoint any elector who resides in the municipality to any such position, and (5) in the case of either a municipality or a political subdivision holding more than one primary on the same day for different political parties, one certified moderator may serve as moderator for both primaries, if the registrars of voters so agree.] If unaffiliated electors are authorized under section 9-431 to vote for some but not all of the offices to be contested at the primary, the registrar of voters shall appoint two additional checkers to check the list of unaffiliated electors who are authorized to vote on the separate tabulators. If unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties in the same polling place, whether for some or for all offices to be contested at the primary, each such registrar of voters shall appoint [two additional] at least one, but not more than two official checkers to check the list of unaffiliated electors who are authorized to vote in either such primary.

[(d)] (c) The registrar of voters shall designate one of the moderators so appointed by the registrar of voters to be head moderator or shall appoint as head moderator an elector who is not also moderator of a polling place and who shall be deemed a primary official. The registrar of voters may also appoint a deputy head moderator to assist the head moderator in the performance of [his] the head moderator's duties. A deputy head moderator shall also be deemed to be a primary official. Each [registrar's] registrars of voter's appointments of primary polling place officials, except moderators of polling places, and of designees to conduct supervised voting of absentee ballots pursuant to sections 9-159q and 9-159r shall be divided equally, as nearly as may be, between [designees of] the party-endorsed candidates and [designees] of one or more of the contestants. [, provided, if a party-endorsed candidate is a member of a party other than the one holding the primary, such primary officials shall be enrolled party members of the party holding the primary. Names of designees and alternate designees] Suggested names of qualified poll workers for such positions shall be submitted in writing [by party-endorsed candidates and contestants] to the registrar of voters not later than ten days before the primary, except that names [of designees and alternate designees] for the position of certified moderator shall be so submitted not later than twenty-one days before the primary. [and, if such lists are not so presented, all] All such appointments shall be made by the registrar of voters but in the above-mentioned proportion. The registrar of voters shall notify all such candidates and contestants of their right to submit a list of [designees] qualified poll workers under this section. Notwithstanding any other provision of this section, the registrar of voters shall appoint as moderators only persons who are certified to serve as moderators or alternate moderators pursuant to section 9-229, unless there is an insufficient number of such persons, [who are enrolled members of the registrar's party in the municipality or political subdivision holding the primary,] in which case the registrar of voters may appoint a new moderator in accordance with section 9-229. [, but only to the extent of such insufficiency.] Primary central counting moderators and absentee ballot counters shall also be deemed primary officials. No primary official shall perform services for any candidate at the primary on primary day.

[(e)] (d) If paper ballots are required for the vote on any office or position in a municipality, the clerk of the municipality, in consultation with the [registrars] registrar of voters, shall print a paper ballot for use in such primary for nomination to such office or election to such position. The Secretary of the State shall prescribe the form of such paper ballot. The Secretary of the State may prescribe general rules for the use of paper ballots in any primary, including the duties of officials at the polls with regard to the same, the marking of the same and the counting of the same. The procedure to be followed when paper ballots are so used shall conform, as nearly as may be, to the procedure applicable to voting tabulators provided in this chapter and to the law governing the use of paper ballots in regular elections and such rules shall have the force and effect of law. Chapter 54 shall not apply to rules made pursuant to this section.

[(f)] (e) The provisions of section 9-258 concerning additional lines of electors at a polling place, and of section 9-258a concerning two shifts of officials at a polling place, shall apply to a primary. Except as otherwise provided in this chapter, the provisions of the general statutes relating to the use of voting tabulators at regular elections shall apply as nearly as may be to the use of voting tabulators at primaries.

Statement of Purpose:

To permit registrars of voters greater flexibility in determining how to equip and staff polling places for primaries.

[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.]