AN ACT CONCERNING UNITED STATES SENATE VACANCIES.

With two exceptions, 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 authorizes the governor to (1) appoint a replacement if there are 50 or more U. S. Senate vacancies among the states and (2) nominate someone to fill a vacancy occurring during the last 14 months of a senator's term, which the General Assembly must confirm.

The bill establishes a procedure for issuing the writs of election and holding the election and 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. 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.

*Senate Amendment “A” (1) adds the provisions concerning gubernatorial nominations and appointments, (2) establishes a primary date, and (3) makes minor changes to accommodate a 150-day election calendar.

Under existing law, when a U. S. Senate vacancy occurs, 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 in most circumstances and instead requires her to issue writs of election to town clerks or assistant town clerks within 10 days after the vacancy occurs to fill the vacancy for the remainder of the term. With some exceptions, the election must be held on the 150^th day after the writs are issued, but not on a weekend. Senate-elect vacancies are filled in the same way as Senate vacancies.

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; and the way the vote is declared, certified, directed, deposited, returned, and transmitted to be the same as those for state elections.

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. However, if it occurs after the municipal election in the year preceding the last year of a senator's term or during the last year of a senator's term, the governor nominates a replacement, unless there are 62 days or less before a regular state election and the vacant U. S. Senate office will be on that ballot. In that case, the vacancy remains and there is no election. This means, if the vacancy occurs 62 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.

The bill contemplates two circumstances under which a U. S. Senate vacancy in Connecticut would not be filled at an election. First, if the vacancy occurs after the municipal election in the year preceding the last year of a senator's term or during the last year of a senator's term, the governor nominates someone to fill it. The nomination must be (1) filed with the clerks of the state Senate and the House of Representatives and (2) approved by two-thirds of the membership of each chamber.

Second, in the event that there are 50 or more simultaneous U. S. Senate vacancies among the states, including Connecticut, the bill authorizes the governor to fill the vacancy by appointment. If there is sufficient time before the scheduled end of the term, an election is held to elect a successor to fill the office until the end of the term. If the vacancy occurs:

1. at least 150 days before a state election, the appointee serves until January 3 immediately following the election and a replacement is elected at such election to serve the remaining portion of the vacated term, if any;

2. less than 150 days before a state election and the vacated term does not expire the January 3 immediately following, the appointee serves until January 3 following the next state election but one, and a replacement is elected at such election to serve the remaining portion of the vacated term, if any; or

3. less than 150 days before a state election and the vacated term expires January 3 immediately following, the appointee serves until that January 3.

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 56 days before the date when a primary would occur (56 days before the election), whether or not one does. 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. In that case, the parties must make their endorsements by the 60^th day before the election.

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 on the 56^th day before the election.

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.

Yea

Nay

(03/20/2009)

Yea

Nay

(04/27/2009)