AN ACT CONCERNING UNITED STATES SENATE VACANCIES.

This bill eliminates the governor's power to fill U. S. Senate vacancies by appointment and instead requires a special election under most circumstances. It establishes a procedure for issuing the writs of election and holding the election. The bill specifies the process for selecting convention delegates to endorse a candidate, holding a convention, and holding a primary if someone challenges the party-endorsed candidate, but it does not include a provision for setting a primary date.

The electors eligible to vote in the special election are those whose names appeared on the voter registry list compiled for the last regular election held in the municipality or political subdivision holding the special election, plus the names of people in those areas admitted as electors after the list was completed.

Under existing law, if the office of U. S. Senator becomes vacant, the governor must appoint a replacement. If there is sufficient time before the scheduled end of the term, a successor is elected at the next regular election to fill the office for the remainder of the term.

The bill eliminates the governor's power to appoint a replacement and instead requires her to issue writs of election to fill the vacancy to the town clerks or assistant town clerks within 10 days after the vacancy occurs. With two exceptions, the election must be held on the 150^th day after the writs are issued, but not on a weekend.

If the vacancy occurs more than 63, but less than 125, days before the next regular November state or municipal election, the governor must issue the writs on the 60^th day before the next regular election and the election to fill the vacancy must be held simultaneously. If the vacancy occurs 63 days or less before a regular state (but not municipal) election and the vacant U. S. Senate office will be on that ballot, there is no election to fill the vacancy, unless the vacated position is that of a member-elect.

This means, if the vacancy occurs 63 days or less before the next regular state election and the vacated office will not be on the ballot, the governor must issue the writs and a special election is held 150 days later to fill the remainder of the term.

Under the bill, the governor's writs are conveyed to a state marshal who transmits an attested copy to town clerks or assistant town clerks. The bill requires the process for clerks to notify electors of the date of the election; the way the special election is organized and conducted; the way the vote is declared, certified, directed, deposited, returned, and transmitted to be the same as those for state elections.

Just as under current law, the parties must hold a convention to endorse candidates to fill a U. S. Senate vacancy. For the purposes of an election to fill a vacancy, the bill changes the law on convention delegates and revises the deadlines for making party endorsements and holding primaries. Under the bill, the convention must be held between the date when the vacancy occurs and 50 days before the election to fill it. The endorsements are not effective until the presiding officer and secretary of the convention certify them to the secretary of the state.

Delegates to the convention are the same ones who served at the convention held for the previous state election. In the event of a vacancy in the delegation, the town committee in the former delegate's town fills it.

The bill prohibits a primary from being held if a vacancy occurs between the 125^th day and 63^rd day before a regular November state or municipal election. Instead, the party-endorsed candidate is the party's nominee.

The bill allows for a primary when a vacancy occurs at any other time. If a person challenges the endorsed candidate within 14 days after the party endorsement, a primary is held. However, the bill fails to provide for a primary date (see COMMENT).

The secretary of the state must make petition forms available on the day after the writs of election are issued. The process for obtaining the forms is the same as it is under current law. This means the secretary of the state must fill in identifying information on each petition form page and give the requestor petition pages that can be duplicated. If the candidate is indigent, the secretary must give the requestor a sufficient number of pages or as many as the person requests. Anyone requesting a petition form must give his or her name and address and the name, address, and office sought for each petition candidate, along with a consent statement signed by the candidate.

The bill does not establish a procedure for the governor to issue writs in connection with the primary. Thus, it does not require the governor to announce the primary and does not establish a date for it within the bill's special election calendar.

Yea

Nay

(03/20/2009)