2005 Connecticut Code - Sec. 9-460. Vacancy in nomination; withdrawal procedure. Certification of replacement nomination; time limitations. Ballot labels.
Sec. 9-460. Vacancy in nomination; withdrawal procedure. Certification of
replacement nomination; time limitations. Ballot labels. If any party has nominated
a candidate for office, or, on and after November 4, 1981, if a candidate has qualified
to appear on any ballot by nominating petition under a reserved party designation, in
accordance with the provisions of this chapter, and such nominee thereafter, but prior
to ten days before the opening of the polls on the day of the election for which such
nomination has been made, dies, withdraws such nominee's name or for any reason
becomes disqualified to hold the office for which such nominee has been nominated (1)
such party or, on and after November 4, 1981, the party designation committee may
make a nomination to fill such vacancy or provide for the making of such nomination
as its rules prescribe, and (2) if another party that is qualified to nominate a candidate
for such office does not have a nominee for such office, such party may also nominate
a candidate for such office as its rules prescribe. No withdrawal, and no nomination to
replace a candidate who has withdrawn, under this section shall be valid unless the
candidate who has withdrawn has filed a letter of withdrawal signed by such candidate
with the Secretary of the State in the case of a state or district office or the office of state
senator or state representative from any district, or with the municipal clerk in the case
of a municipal office other than state senator or state representative. A copy of such
candidate's letter of withdrawal to the municipal clerk shall also be filed with the Secretary of the State. No nomination to fill a vacancy under this section shall be valid unless
it is certified to the Secretary of the State in the case of a state or district office or the
office of state senator or state representative from any district, or to the municipal clerk
in the case of a municipal office other than state senator or state representative, by
the organization or committee making such nomination, at least seven days before the
opening of the polls on the day of the election, except as otherwise provided by this
section. If a nominee dies within ten days, but prior to twenty-four hours before the
opening of the polls on the day of the election for which such nomination has been made,
the vacancy may be filled in the manner prescribed in this section by two o'clock p.m.
of the day before the election with the municipal clerk or the Secretary of the State, as
the case may be. If a nominee dies within twenty-four hours before the opening of the
polls and prior to the close of the polls on the day of the election for which such nomination has been made, such nominee shall not be replaced and the votes cast for such
nominee shall be canvassed and counted, and if such nominee receives a plurality of
the votes cast, a vacancy shall exist in the office for which the nomination was made. The
vacancy shall then be filled in a manner prescribed by law. A copy of such certification to
the municipal clerk shall also be filed with the Secretary of the State. Such nomination
to fill a vacancy due to death or disqualification shall include a statement setting forth
the reason for such vacancy. If at the time such nomination is certified to the Secretary
of the State or to the municipal clerk, as the case may be, the ballot labels have already
been printed, the Secretary of the State shall direct the municipal clerk in each municipality affected to (A) have the ballot labels reprinted with the nomination thus made included thereon, (B) cause printed stickers to be affixed to the ballot labels so that the
name of any candidate who has died, withdrawn or been disqualified is deleted and the
name of any candidate chosen to fill such vacancy appears in the same position as that
in which the vacated candidacy appeared, or (C) cause blank stickers to be so affixed
if the vacancy is not filled.
History: 1963 act restated previous provisions; P.A. 81-447 amended section to include candidates qualifying by nominating petition under a reserved party designation; P.A. 82-247 amended section to clarify procedure for filing withdrawal of candidacy by nominee; P.A. 83-475 amended section to create ten-day period before election or primary during which vacancies are not to be filled except in case of death of candidate; P.A. 94-203 added Subdiv. (2) re stickers, replacing former provision requiring stickers if nomination certified less than ninety-six hours before polls open, and added Subdiv. (3) re blank stickers, effective July 1, 1994; P.A. 03-216 designated existing provision re filling vacancy as Subdiv. (1), added Subdiv. (2) authorizing another party that does not have a nominee to also nominate a candidate for the office for which there is a vacancy in nomination and made technical changes, effective July 1, 2003.
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