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CHAPTER 146*
ELECTIONS
*Cited. 192 C. 399, 403.
Table of Contents
Sec. 9-164. Regular and special municipal elections.
Sec. 9-164a. Transitional terms of office.
Sec. 9-164b. Deferred terms.
Sec. 9-164c. Change of municipal election date.
Sec. 9-164d. Notification to secretary.
Sec. 9-164e. Proposed action to be submitted to municipal attorney.
Sec. 9-164f. Election of registrars unaffected.
Secs. 9-165 to 9-167. Biennial town elections: Change to from annual elections, unexpired terms; term and method of rotation of board members.
Sec. 9-167a. Minority representation.
Sec. 9-168. Place of holding elections.
Sec. 9-168a. Polling places for voting districts whose lines differ from the district lines as constituted in a municipal election year and for voting districts with less than one thousand five hundred electors who vote for officers that no other electors of town vote for. Combined voting districts and polling places.
Sec. 9-168b. Designation of polling places in adjacent voting districts.
Sec. 9-168c. Accessibility of polling places to physically disabled voters.
Sec. 9-168d. Accessibility of polling places to physically disabled voters. Waiver of requirements.
Sec. 9-168e. Parking spaces at polling places for handicapped and infirm elderly persons.
Sec. 9-169. Voting districts.
Sec. 9-169a. Split voting districts.
Sec. 9-169b. Effective date of changes in voting districts.
Sec. 9-169c. At-large election of members of legislative bodies of certain towns.
Sec. 9-169d. Voting districts crossing legislative district lines, permitted for municipal elections.
Sec. 9-169e. Voting districts in special elections held to fill vacancy in district or municipal office.
Sec. 9-169f. Reapportionment required for certain municipal legislative bodies.
Sec. 9-169g. Town clerks required to submit voting district maps to Secretary of the State. Use of maps by General Assembly.
Sec. 9-170. Eligibility to vote at town elections.
Sec. 9-171. Eligibility to vote at city elections.
Sec. 9-172. Eligibility to vote at state elections.
Sec. 9-172a. Revised registry list defined for purposes of special elections.
Sec. 9-172b. Supplementary list and registration deadline for special election or referendum.
Sec. 9-173. Plurality required for election.
Sec. 9-174. Hours of voting. Voting by electors in line at eight o'clock p.m.
Sec. 9-175. Presidential and vice presidential electors. Write-in candidates and ballots.
Sec. 9-176. Meeting of presidential electors.
Sec. 9-177. Compensation of presidential electors.
Sec. 9-178. Senator in Congress.
Sec. 9-179. Representative in Congress.
Sec. 9-180. Representative at large.
Sec. 9-181. State officers.
Sec. 9-182. Sheriffs.
Sec. 9-183. Justices of the peace.
Sec. 9-183a. Number of justices of the peace, exceptions.
Sec. 9-183b. (Formerly Sec. 9-252). Nomination of justices of the peace by parties qualifying as major parties based on enrollment. Terms. Primaries.
Sec. 9-183c. Nomination of justices of the peace by parties qualifying as major parties based solely on gubernatorial vote. Terms. Primaries.
Sec. 9-184. Vacancy in office of justice of the peace when justice nominated by a major party.
Secs. 9-184a and 9-184b.
Sec. 9-184c. Appointment as justices of the peace of electors who are not members of major parties. Terms. Vacancies.
Sec. 9-185. Municipal officers.
Sec. 9-186. Electoral status of municipal officers and justices of the peace.
Sec. 9-187. Terms.
Sec. 9-187a. Date term to begin.
Sec. 9-188. First selectman and selectmen. Election procedure. Dual candidacy prohibited. Minority representation; restricted voting. Tie vote.
Sec. 9-189. Town clerks, treasurers and tax collectors.
Sec. 9-189a. Four-year terms for town clerks, registrars and treasurers.
Sec. 9-190. Registrars of voters.
Sec. 9-190a. Election of registrars at state elections.
Sec. 9-191. Election of registrars for each voting district.
Sec. 9-192. Deputy registrar; registrar vacancy; permanent assistant and special assistant registrars.
Sec. 9-192a. Committee to establish programs and procedures for registrars. Certification.
Sec. 9-193. Registrar's oath.
Sec. 9-194. Compensation of registrars, deputies and assistants.
Sec. 9-195. Compensation of registrars and town clerks for duties as to enrollment.
Secs. 9-196 and 9-197. Assessors. Minority representation for assessors in towns holding annual elections.
Sec. 9-198. Determination of number, method of election or appointment, term and compensation of assessors.
Sec. 9-199. Assessors and boards of assessment appeals. Alternate members.
Sec. 9-200. Constables.
Sec. 9-201. Election of five-member boards of police commissioners.
Sec. 9-202. Board of finance.
Sec. 9-203. Number and term of members of boards of education.
Sec. 9-204. Minority representation on board of education.
Sec. 9-204a. Nomination and voting for full number of board members to be elected authorized.
Sec. 9-204b. Optional alternative system for towns with four-year terms for board of education.
Sec. 9-205. Election of board of education when number of members revised.
Sec. 9-206. Election of board of education in towns adopting biennial elections. Alternate rotation of terms and length of terms permitted.
Sec. 9-206a. Optional number of members and terms of boards of education.
Sec. 9-207. Library directors.
Sec. 9-208. Election of library directors on change from annual to biennial election.
Sec. 9-209. Certificate filed with secretary when planning or zoning members to be elected.
Sec. 9-210. Incompatible town offices.
Sec. 9-211. United States senator; vacancy.
Sec. 9-212. Representative in Congress.
Sec. 9-213. Secretary, Treasurer, Comptroller and Attorney General.
Sec. 9-214. State representative.
Sec. 9-215. Member or member-elect of the General Assembly.
Sec. 9-216. Nomination by petition.
Sec. 9-217. List of candidates.
Sec. 9-218. Judge of probate.
Sec. 9-219. Justice of the peace.
Sec. 9-220. Town office.
Sec. 9-221. Municipal office vacancy election provisions inapplicable in certain circumstances.
Sec. 9-222. Filling of vacancy in office of first selectman or selectman. Petition for special election.
Sec. 9-223. Notice of vacancy in municipal office.
Sec. 9-224. Special election on same day as regular election.
Sec. 9-224a. No election if only one candidate in special election to fill vacancy.
Sec. 9-224b. Registration as write-in candidate in special election to fill vacancy.
Sec. 9-225. State elections.
Sec. 9-226. Municipal elections.
Sec. 9-227. Record of warning of municipal election.
Sec. 9-228. Municipal elections.
Sec. 9-229. Appointment, instruction and certification of moderators.
Sec. 9-230. Authority of registrars and moderators to prevent or suppress disorder.
Sec. 9-231. Oath of election officials.
Sec. 9-232. Challengers. Challenges not to be indiscriminate and under oath.
Sec. 9-232a. Remedy for denial of voting rights.
Sec. 9-232b. Penalty for false statement.
Sec. 9-232c. Moderator to keep memorandum of challenge; form.
Sec. 9-232d. Request for challenged ballot.
Sec. 9-232e. Casting of challenged ballot, procedure.
Sec. 9-232f. Preservation and counting of challenged ballots.
Sec. 9-232g.
Sec. 9-233. Voting machine tenders.
Sec. 9-234. Presence of registrars. Checkers.
Sec. 9-235. Unofficial checkers.
Sec. 9-235a. Temporary absence of election officials.
Sec. 9-235b. Runners.
Sec. 9-235c. Voluntary service by election, primary or referendum officials.
Sec. 9-235d. Citizens sixteen or seventeen years of age authorized to serve as election or primary officials.
Sec. 9-236. Activities prohibited in and near polling place; distance markers; entry restricted; exceptions.
Sec. 9-236a. Spare voting machine or ballot box for educational use of students.
Sec. 9-236b. Voter's Bill of Rights to be posted at polling places.
Sec. 9-237. Display of national and state flags.
Sec. 9-237a. Telephones at polling places.
PART I
GENERAL
(a) Notwithstanding any
contrary provision of law, there shall be held in each municipality, biennially, a municipal election on the first Monday of May or the Tuesday after the first Monday of November, of the odd-numbered years, whichever date the legislative body of such municipality
determines, provided, if no action is taken by the legislative body to so designate the
date of such election, such election shall be held on the Tuesday after the first Monday
of November of the odd-numbered years. In any municipality where the term of any
elected official would expire prior to the next regular election held under the provisions
of this section, the term of such official shall be extended to the date of such election.
(b) Upon the occurrence of a vacancy in a municipal office or upon the creation of
a new office to be filled prior to the next regular election, a special municipal election
may be convened either by the board of selectmen of the municipality or upon application
of twenty electors of the municipality filed with the municipal clerk. The date of such
election shall be determined by the board of selectmen of the municipality, and notice
of such date shall be filed with the municipal clerk. In determining the date of such
election, the board of selectmen shall allow the time specified for holding primaries for
municipal office in section 9-423 and the time specified for the selection of party-endorsed candidates for municipal office in section 9-391. On application of twenty electors of the municipality, the date of such election, as determined by the board of selectmen, shall be not later than the one hundred fiftieth day following the filing of such
application. Except as otherwise provided by general statute, the provisions of the general statutes pertaining to elections and primaries shall apply to special municipal elections. No such election may be held unless the municipal clerk first files notice of the
office or offices to be filled at such election with the town chairman of the town committee of each major and minor party within the municipality and with the secretary of the
state at least three weeks in advance of the final time specified for the selection of party-
endorsed candidates for municipal office in section 9-391. The municipal clerk shall
forthwith warn such election in the same manner as the warning of municipal elections
pursuant to section 9-226.
(c) Notwithstanding any provision of subsection (b) of this section to the contrary,
any town which by charter provides that a vacancy in its legislative body shall be filled
by a special election held no later than forty-five days after the effective date of the
vacancy shall hold such election not later than forty-five days after the occurrence of
the vacancy. No such election may be held unless the municipal clerk forthwith upon
the occurrence of the vacancy files notice of the office to be filled at the election with
the town chairman of the town committee of each major and minor party within the
municipality and with the Secretary of the State. Nominations by political parties for
such office shall be made as the rules of such parties which are filed with the town clerk
provide, in accordance with section 9-390. Such nominations may be made and certified
at any time after the vacancy occurs but not later than the thirty-sixth day before the
day of the election. No such nomination shall be effective until the presiding officer
and secretary of the town committee certify the nomination to the town clerk. No primary
shall be held for the nomination of any political party to fill any vacancy in such office
and the party-endorsed candidate so certified shall be deemed the nominee of such party.
Nominations may also be made by petition in the manner provided in sections 9-379
and 9-453a to 9-453p, inclusive, which petitions shall be submitted to the town clerk
of the town in which the signers reside not later than the thirty-sixth day before the day
of the election and filed in the office of the Secretary of the State not later than two days
thereafter. The municipal clerk shall forthwith warn such election in the same manner
as the warning of municipal elections pursuant to section 9-226.
(1949 Rev., S. 491, 492; 1953, 1955, S. 646d; November, 1955, S. N111; 1957, P.A. 518, S. 39; 1963, P.A. 393, S. 7;
1967, P.A. 675, S. 1; P.A. 75-206, S. 2, 7; P.A. 77-245, S. 3; P.A. 84-319, S. 25, 49; P.A. 87-382, S. 18, 55; P.A. 93-202,
S. 1.)
History: 1963 act provided for issuance of warning for special election by town clerk rather than selectmen; 1967 act
provided for municipal elections biennially on the first Monday of May or the Tuesday after the first Monday in November
in odd-numbered years as designated by the legislative body and in event such action not taken, election to be held in
November and further provided where, under the act, term of an elected official would expire before the election, term
extended to date of election, effective June 1, 1968; P.A. 75-206 changed day for holding special town election from not
earlier than "ninetieth" to "one hundred fifth" day following day town clerk issues warning thereof, where appearing; P.A.
77-245 changed "town" to "municipal" clerk where appearing; P.A. 84-319 changed calendar re special municipal elections
to conform with changes made by 1983 legislation; P.A. 87-382 changed deadline for filing by clerk to be in advance of
"final" time specified for selection of party-endorsed candidates for municipal office and required clerk to warn such
election "forthwith" instead of "within the time provided for" pursuant to 9-226; P.A. 93-202 added Subsec. (c) re calendar
and procedures for special election to fill vacancy in legislative body of any town which by charter provides that such
vacancy shall be filled by special election held within forty-five days after vacancy.
See notes to Secs. 7-1, 7-3.
Cited. 143 C. 679. Cited. 192 C. 399, 403.
Notwithstanding any contrary provision of law, in any municipality in which the date of the municipal election has been
changed under section 9-164 and in which the terms of office of one or more elected
municipal officers had not, or will have not, expired at the time of the holding of the
first municipal election in accordance with such changed date under said section, the
legislative body of such municipality shall, prior to July 25, 1969, provide for a reasonable method of transition for such offices which may include reasonable extension of
such terms and provision for interim terms. Except as provided in sections 9-164b to
9-164f, inclusive, 9-187 and 9-187a, in the absence of such action by such legislative
body, the terms of any such officers which do not terminate within three months after
such first or a subsequent municipal election held under said section 9-164 shall be
extended to the municipal election next held after the expiration of such terms, or to
such date, within seventy days after such election, on which the terms of municipal
officers generally begin in such municipality, at which election successors shall be
elected for the terms provided for by law or for such other transitional terms as are
necessary to provide the rotation required by law. The clerk of the municipality, in
preparing the list provided for under section 9-254, shall set forth such terms or transitional terms therein.
(1969, P.A. 570, S. 1.)
Cited. 192 C. 399, 403.
As to any board or commission with a rotating membership, some of the members of which, prior to the change to a uniform municipal
election date under section 9-164, were elected for terms beginning approximately one
year after the date of their election, the legislative body may provide for such conforming
changes in the beginning date of the terms of office as are designed to continue the
rotation with regard to such office as it existed prior to such change, and in the absence
of such action by such legislative body, the beginning date of the terms of such office
shall be so changed by the clerk of the municipality in preparing the list provided for
under section 9-254. With respect to any board or commission with a rotating membership established under sections 8-1, 8-4a, 8-5 and 8-19, the authority empowered to
prescribe the term of office of the members of such board or commission, if it is authorized under said sections to provide for an odd-numbered year term, may further provide
for deferred terms by prescribing which terms are to begin approximately one year from
the date on which the terms of municipal officers generally begin in such municipality.
(1969, P.A. 570, S. 4; 1971, P.A. 715.)
History: 1971 act added authorization with respect to board or commission with rotating membership for deferred terms
to be prescribed by authority so empowered, where it is authorized to provide for an odd-numbered year term.
After January 1, 1970, any municipality may by charter, or by vote of the legislative body approved at a referendum
of the electors to be held within thirty days thereafter, change the date of its municipal
election by designating the alternate date specified in section 9-164 as the date of the
municipal election, provided (1) no such charter provision adopted, nor such vote of
such legislative body so approved, within six months prior to any municipal election
may be effective with respect thereto, and (2) in changing from the November municipal
election date specified in section 9-164 to the May municipal election date therein specified, the terms of incumbent municipal elected officials shall be diminished to conform
to such change but for a period of not more than nine months and (3) in changing from
the May municipal election date specified in section 9-164 to the November date therein
specified, the terms of incumbent municipal elected officials shall be extended to conform to such change but for a period of not more than nine months.
(1969, P.A. 570, S. 5.)
The clerk of a municipality shall forthwith
notify the Secretary of the State in writing of any change in the date of the municipal
election of such municipality or in terms of elected officials thereof, the date such action
was taken, the effective date thereof, the manner in which or the authority by which it
was taken, and reference to the law under which it was taken.
(1969, P.A. 570, S. 6.)
Before
any action is taken under sections 9-164a to 9-164f, inclusive, 9-187 and 9-187a, such
proposed action shall be submitted by the legislative body to the municipal attorney of
the municipality taking such action for approval as to conforming to law.
(1969, P.A. 570, S. 7.)
Nothing in sections 9-164a to 9-
164e, inclusive, 9-187 and 9-187a, shall affect the election of registrars of voters.
(1969, P.A. 570, S. 9; P.A. 74-109, S. 2, 11.)
History: P.A. 74-109 deleted justices of the peace, effective upon adoption of an amendment (Senate Joint Resolution
No. 22 of the 1973 session) to the Constitution of Connecticut.
Secs. 9-165 to 9-167. Biennial town elections: Change to from annual elections,
unexpired terms; term and method of rotation of board members. Sections 9-165
to 9-167, inclusive, are repealed.
(1949 Rev., S. 497—499; 1953, S. 647d—649d; 1959, P.A. 630, S. 3; P.A. 76-173, S. 12.)
See Sec. 9-199 re election of town assessors and board of tax review.
(a) (1) Except as provided in subdivision
(2) of this subsection, the maximum number of members of any board, commission,
legislative body, committee or similar body of the state or any political subdivision
thereof, whether elective or appointive, who may be members of the same political
party, shall be as specified in the following table:
COLUMN I
Total Membership |
COLUMN II
Maximum from One Party |
| 3 | 2 |
| 4 | 3 |
| 5 | 4 |
| 6 | 4 |
| 7 | 5 |
| 8 | 5 |
| 9 | 6 |
| More than 9 | Two-thirds of
total membership |
(2) The provisions of this section shall not apply (A) to any such board, commission,
committee or body whose members are elected wholly or partially on the basis of a
geographical division of the state or political subdivision, (B) to a legislative body of
a municipality (i) having a town meeting as its legislative body or (ii) for which the
charter or a special act, on January 1, 1987, provided otherwise or (C) to the city council
of an unconsolidated city within a town and the town council of such town if the town
has a town council and a representative town meeting, the town charter provides for
some form of minority representation in the election of members of the representative
town meeting, and the city has a city council and a body having the attributes of a town
meeting or (D) to the board of directors and other officers of any district, as defined in
section 7-324, having annual receipts from all sources not in excess of two hundred fifty
thousand dollars.
(b) Prior to any election for or appointment to any such body, the municipal clerk,
in cases of elections, and the appointing authority, in cases of appointments, shall determine the maximum number of members of any political party who may be elected or
appointed to such body at such election or appointment. Such maximum number shall
be determined for each political party in the following manner: From the number of
members of one political party who are members of such body at the time of the election
or appointment, subtract the number of members of such political party whose terms
expire prior to the commencement of the terms for which such election or appointment
is being held or made and subtract the balance thus arrived at from the appropriate
number specified in column II of subsection (a) of this section.
(c) In the case of any election to any such body the winner or winners shall be
determined as under existing law with the following exception: The municipal clerk
shall prepare a list of the candidates ranked from top to bottom according to the number
of votes each receives; when the number of members of any one political party who
would be elected without regard to this section exceeds the maximum number as determined under subsection (b) of this section, only the candidates of such political party
with the highest number of votes up to the limit of such maximum shall be elected, and
the names of the remaining candidates of such political party shall be stricken from the
list. The next highest ranking candidates shall be elected up to the number of places to
be filled at such election.
(d) If an unexpired portion of a term is to be filled at the same time as a full term,
the unexpired term shall be deemed to be filled before the full term for purposes of
applying this section. At such time as the minority representation provisions of this
section become applicable to any board, commission, committee or body, any vacancy
thereafter occurring which is to be filled by appointment shall be filled by the appointment of a member of the same political party as that of the vacating member.
(e) Nothing in this section shall be construed to repeal, modify or prohibit enactment
of any general or special act or charter which provides for a greater degree of minority
representation than is provided by this section.
(f) Nothing in this section shall deprive any person who is a member of any such
body on July 1, 1960, of the right to remain as a member until the expiration of his term.
(g) For the purposes of this section, a person shall be deemed to be a member of
the political party on whose enrollment list his name appears on the date of his appointment to, or of his nomination as a candidate for election to, any office specified in
subsection (a) of this section, provided any person who has applied for erasure or transfer
of his name from an enrollment list shall be considered a member of the party from
whose list he has so applied for erasure or transfer for a period of three months from
the date of the filing of such application and provided further any person whose candidacy for election to an office is solely as the candidate of a party other than the party
with which he is enrolled shall be deemed to be a member of the party of which he is
such candidate.
(1959, P.A. 665; 1963, P.A. 592; P.A. 76-173, S. 1; P.A. 77-245, S. 4; P.A. 85-333, S. 1, 2; P.A. 86-400, S. 1, 2; P.A.
87-498, S. 1, 2; P.A. 89-370, S. 14, 15; P.A. 97-154, S. 8, 27.)
History: 1963 act added new Subsec. (g) setting forth how membership in a political party is determined for purposes
of the section; P.A. 76-173 in Subsec. (d) deleted reference to vacancies to be filled by election, in Subsec. (e) added
nothing to "prohibit enactment of" to repeal or modify, and added "charter" to general or special act providing for greater
degree of minority representation; P.A. 77-245 changed "town" to "municipal" clerk where appearing; P.A. 85-333 applied
section to municipal legislative bodies, except for a municipality having a town meeting as the legislative body, effective
January 1, 1986, and applicable to elections held on or after that date; P.A. 86-400 restructured Subsec. (a) to place
exceptions in a separate subdivision and added exception for town and city councils in unconsolidated cities within towns
under stated circumstances; P.A. 87-498 added, in Subdiv. (2) of Subsec. (a), "or (ii) for which the charter or a special act,
on January 1, 1987, provided otherwise"; P.A. 89-370 exempted board of directors and other officers of any district, as
defined in Sec. 7-324, having annual receipts from all sources not in excess of two hundred fifty thousand dollars from
provisions of section; P.A. 97-154 amended Subsec. (g) by changing period during which applicant for erasure or transfer
shall be considered a party member, from six months to three months from application filing date, effective July 1, 1997.
See Sec. 9-183b re nomination procedure for justices of the peace.
See Sec. 9-188 re application of minority representation requirements with respect to selectmen's election.
See Sec. 9-190 re minority major party's registrar of voters.
See Sec. 9-199 re election of town assessors and board of tax review.
See Sec. 9-200 re election of constables.
See Sec. 9-204 re minority representation on board of education.
This section not applicable to New Haven aldermanic election of 1967 as this was a sui generis election, a creature of
the United States district court, not subject to ordinary state election law procedure. 298 F.S. 871.
Statute applies to board of tax review of city of Hartford. 154 C. 237. Second taxing district of city of Norwalk held to
be a political subdivision of the state and subject to the provisions of this section. 155 C. 256. Definition of "political
subdivision" discussed. Id. Applicability of this statute to a November, 1967, election of the board of aldermen of New
Haven held under the direction of the United States District court for the district of Connecticut raised by a complaint of
candidates in a case brought pursuant to section 9-328. Held the New Haven aldermanic election of November, 1967, is
solely a creature of the United States district court and what candidates were elected is that court's prerogative to determine,
especially as it has retained jurisdiction to decide this question. 156 C. 253. Cited. 168 C. 160. Minority representation
statute not applicable to local legislative bodies. 175 C. 545, 546, 549—557. Cited. 182 C. 111, 118, 119. Cited. 190 C.
39, 41, 43, 44. Cited. 205 C. 495, 496, 499—503, 505, 506. Cited. 225 C. 378, 384, 387, 388.
The effect of subsection (d) is that an appointment of a member of the same political party as that of the vacating
member need not be made unless not to make it would cause the maximum number of members on the board permitted
to any one party under the statute to be exceeded. 25 CS 444. Applies to board of selectmen of city of New London. The
one man one vote rule does not apply to election of purely administrative body such as board of selectmen. 28 CS 403.
Cited. 30 CS 74. Elected nonenrollee considered party member in light of minority representation rule. 30 CS 74.
Subsec. (a):
Cited. 190 C. 39, 43—45.
Subsec. (d):
Applies only to vacancies occurring in bodies that have already achieved maximum majority representation under
Subsec. (a) of the statute and then only when the vacating member is of the minority party. 190 C. 39—47.
Cited. 37 CS 844, 845.
Subsec. (e):
Cited. 225 C. 378, 389.
In any town not divided into voting districts, the place of holding elections may be determined by the legislative body of such
town. In towns divided into voting districts the place of holding elections shall be determined as provided in section 9-169 or any special act, whichever applies. Except as
provided in section 9-169a, state elections shall be held at the usual place or places of
holding elections in the town or the voting districts thereof, as the case may be, unless
the registrars of voters, in writing, have designated to the clerk of such town, at least
thirty-one days before any such state election, a different place or places for holding
such election. Unless otherwise provided by special act, the place of holding city or
borough elections shall be determined by the legislative body of such city or borough.
Any provision of any charter or special act to the contrary notwithstanding, the place
or places of holding an election shall be determined at least thirty-one days prior to such
election, and such place or places shall not be changed within the period of thirty-one
days prior to such election except that, if the municipal clerk and registrars of voters of
a municipality unanimously find that any such polling place within such municipality
has been rendered unusable within such period, they shall forthwith designate another
polling place to be used in place of the one so rendered unusable and shall give adequate
notice that such polling place has been so changed.
(1949 Rev., S. 529; 1953, S. 650d; 1961, P.A. 398, S. 1; 1963, P.A. 323, S. 1; P.A. 73-657, S. 3, 13; P.A. 81-472, S.
120, 159.)
History: 1961 act imposed thirty-one-day limitation for changing the place of an election; 1963 act provided that
legislative body of the town determine the place of holding elections rather than town meeting and gave registrars of voters
rather than selectmen power to change voting places; P.A. 73-657 added exception for provisions of Sec. 9-169a with
reference to "split voting districts"; P.A. 81-472 made technical changes.
Cited. 192 C. 399, 403.
Sec. 9-168a. Polling places for voting districts whose lines differ from the district lines as constituted in a municipal election year and for voting districts with
less than one thousand five hundred electors who vote for officers that no other
electors of town vote for. Combined voting districts and polling places. (a) Any
provision of the general statutes to the contrary notwithstanding, in any municipality in
which, at any election, or primary, as a result of the assembly, senatorial or congressional
district lines in effect, there is a voting district or a part of a voting district which differs
geographically from the district lines as constituted in a municipal election year, the
registrars of voters may either provide a suitable polling place therein or may, in lieu
thereof, with the approval of the legislative body of the municipality, provide separate
voting machines in the polling place of another voting district in said municipality for
use by such electors. The registrars of voters shall determine which polling place officials
are necessary for such separate machines and shall provide the procedure to ensure that
the electors use the proper voting machine, which procedure may include the registrars
of voters prescribing and providing receipts.
(b) Any provision of the general statutes to the contrary notwithstanding, in any
municipality in which, at any election or primary, as a result of the assembly, senatorial
or congressional district lines in effect, there is a voting district with less than one thousand five hundred electors who vote for a combination of officers that no other electors
of the town vote for, the registrars of voters may either provide a suitable polling place
therein or may, in lieu thereof, provide separate voting machines in the polling place of
another voting district in said municipality for use by such electors. If the registrars of
voters provide separate voting machines in the polling place of another voting district,
they shall determine which polling place officials are necessary for the district containing
less than one thousand five hundred electors and shall provide the procedure to ensure
that the electors use the proper voting machines, which procedure may include the registrars of voters prescribing and providing receipts.
(c) In any election or primary where electors in more than one voting district vote
in the same building and vote for all the same officers, and the law does not require
separate returns, the registrars of voters may combine the voting districts and polling
places into one voting district and polling place, with or without integrating the voting
districts on the check lists used at the election or primary. The registrars of voters shall
file a statement of their action with the town clerk before the election or primary and
the town clerk shall label the polling place return form to show which districts are
combined on such return.
(P.A. 73-554; P.A. 75-113; 75-540; P.A. 77-173; P.A. 79-219; P.A. 92-1, S. 3, 8.)
History: P.A. 75-113 changed number from less than "fifty" to less than "five hundred" electors where special provisions
for assignment of polling places apply; P.A. 75-540 deleted qualification characterizing voting district as one or part of
one in which offices to be filled are not all and the same offices to be filled in any other part of municipality; P.A. 77-
173 deleted reference to number of electors entirely and added qualification that voting district or part which differs
geographically from district lines as constituted in municipal election year comes within provisions of section; P.A. 79-
219 added approval of legislative body of municipality required in order that a separate voting machine in polling place
of another voting district be provided; P.A. 92-1 designated existing section as Subsec. (a), amended Subsec. (a) by applying
it to primaries and adding sentence re officials and procedures for separate machines in the polling places, added Subsec.
(b) re procedures for districts with less than one thousand five hundred electors voting for combination of officers that no
other electors of the town vote for, and added Subsec. (c) re procedures for election or primary where electors in more
than one district vote in same building and for same officers.
When
in the written opinion of the registrars of any municipality, the lack of an existing convenient or suitable polling place within the lines of a particular voting district necessitates
the designation of a polling place in an adjacent district, such registrars may designate
a convenient and suitable polling place in a voting district adjacent thereto, located as
near as possible to the boundaries of the voting district for which designated. A separate
location from the existing polling place for such adjacent district shall be designated,
except that a separate room within such existing polling place may be designated with
the approval of the legislative body of the municipality. Such written opinion and designation, along with such approval if necessary, shall be filed with the municipal clerk
not later than ninety days before a regular election, or primary. Within ten days after
such filing, the municipal clerk shall cause notice of such filing to be published in the
newspaper having the greatest circulation in the town.
(P.A. 74-154, S. 1, 2; P.A. 75-93; P.A. 77-231, S. 1, 2; 77-245, S. 5; P.A. 83-391, S. 13, 24.)
History: P.A. 75-93 deleted requirement that lack of existing suitable polling place be "resulting from assembly, senatorial or congressional district lines in effect in any election or primary"; P.A. 77-231 added "convenient" to "suitable polling
place" where appearing, provided that a separate location from existing polling place for adjacent district must be designated
and deleted reference to Sec. 9-168a as an exception to this section; P.A. 77-245 changed "town" to "municipal" clerk
where appearing; P.A. 83-391 authorized use of a separate room in an existing polling place as polling place for an
adjacent district.
Section 9-168c is repealed.
(P.A. 75-280; P.A. 78-117, S. 2.)
See Sec. 9-168d.
Sec. 9-168d. Accessibility of polling places to physically disabled voters.
Waiver of requirements. (a) On or before July 1, 1980, each polling place shall be
made accessible to and usable by physically disabled persons by complying with the
following standards of accessibility: (1) Doors, entrances, and exits used to gain access
to or egress from the polling place shall have a minimum width of thirty-one inches;
(2) temporary ramps shall be made available or curb cuts provided where necessary for
accessibility to the entrance; (3) any stairs necessarily used to enter the polling place
shall have a temporary handrail and ramp; (4) in the polling place, no barrier shall impede
the path of the physically disabled to the voting booth.
(b) The registrars of voters in each town, or the legislative body of the town, shall
select as polling places only those sites which meet the standards of accessibility required
under the State Building Code, as revised pursuant to section 29-269, if applicable, or
this section.
(c) The registrars or such legislative body may select a site not meeting such standards if no available site within the voting district or town can reasonably be made
accessible if an application for waiver is filed with the Secretary of the State and approved by the Office of Protection and Advocacy for Persons with Disabilities. An
application for waiver shall be filed at least sixty days prior to the date on which the
primary or election will be held. The Secretary of the State shall, within seven days after
receipt of any such application, refer the application to said office of protection and
advocacy. Said office shall, within thirty days, review the application and inform the
Secretary of the State of its approval or disapproval. The Secretary of the State shall
notify the applicant for waiver of such approval or disapproval within seven days after
the secretary is so informed.
(P.A. 78-117, S. 1; P.A. 83-587, S. 10, 96; P.A. 84-319, S. 26, 49; P.A. 88-356, S. 1; 88-364, S. 12, 123; P.A. 89-144,
S. 2.)
History: P.A. 83-587 made a technical amendment to Subsec. (b), substituting reference to Sec. 29-269 for reference
to Sec. 19-395a; P.A. 84-319 amended section to require approval of waiver application by office of protection and advocacy
for handicapped and developmentally disabled persons; P.A. 88-356 and 88-364 amended Subsec. (b) to delete reference
to "article 21" of the state building code; P.A. 89-144 amended Subsec. (c) by substituting the office of protection and
advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally
disabled persons.
If space is available at a polling place, the registrars of voters or legislative body of the town in which the polling place is located shall designate two or more
parking spaces for motor vehicles (1) which display the special parking identification
card or bear the special set of number plates provided for in section 14-253a or (2) which
are operated by infirm persons who are sixty-five years of age or older and who do not
qualify for such a card.
(P.A. 87-286.)
The legislative body of any town, consolidated town
and city or consolidated town and borough may divide and, from time to time, redivide
such municipality into voting districts. The registrars of voters of any municipality taking
such action shall provide a suitable polling place in each district but, if the registrars
fail to agree as to the location of any polling place or places, the legislative body shall
determine the location thereof. Polling places to be used in an election shall be determined at least thirty-one days before such election, and such polling places shall not be
changed within said period of thirty-one days except that, if the municipal clerk and
registrars of voters of a municipality unanimously find that any such polling place within
such municipality has been rendered unusable within such period, they shall forthwith
designate another polling place to be used in place of the one so rendered unusable and
shall give adequate notice that such polling place has been so changed. The registrars
of voters shall keep separate lists of the electors residing in each district and shall appoint
for each district a moderator in accordance with the provisions of section 9-229 and
such other election officials as are required by law, and shall designate one of the moderators so appointed or any other elector of such town to be the head moderator for the
purpose of declaring the results of elections in the whole municipality. The registrars
may also designate a deputy head moderator to assist the head moderator in the performance of his duties provided the deputy head moderator and the head moderator shall not
be enrolled in the same major party, as defined in subdivision (5) of section 9-372. The
selectmen, town clerk, registrars of voters and all other officers of the municipality shall
perform the duties required of them by law with respect to elections in each voting
district established in accordance with this section. Voting district lines shall not be
drawn by a municipality so as to conflict with the lines of congressional districts, senate
districts or assembly districts as established by law, except (1) as provided in section
9-169d and (2) that as to municipal elections, any part of a split voting district containing
less than two hundred electors may be combined with another voting district adjacent
thereto from which all and the same officers are elected at such municipal election. Any
change in the boundaries of voting districts made within ninety days prior to any election
or primary shall not apply with respect to such election or primary. The provisions of
this section shall prevail over any contrary provision of any charter or special act.
(1953, S. 651d; 1961, P.A. 398, S. 2; 1963, P.A. 323, S. 2; 1967, P.A. 557, S. 1; 831, S. 4; 1971, P.A. 836, S. 1; P.A.
73-657, S. 1, 13; P.A. 74-197, S. 2; P.A. 85-592, S. 10; P.A. 86-2.)
History: 1961 act imposed thirty-one-day limitation for determining location of polling places and added two sentences
at the end which provide that voting district boundary changes made within ninety days prior to an election or primary
would not apply to such election or primary, and that the provisions of this section shall prevail over any contrary provision
of any charter or special act; 1963 act required registrars rather than legislative body to provide polling places, with
legislative body to resolve any failure of registrars to agree; 1967 acts added "or assembly districts" to structure that district
lines not be drawn so as to conflict with lines of senatorial districts and required registrars to provide a single polling place
rather than polling places; 1971 act changed designation of first district moderator as head moderator to the effect that any
elector in the town may be designated head moderator; P.A. 73-657 added congressional districts to senate districts and
assembly districts lines but added proviso as to municipal elections, that any part of split voting district of less than two
hundred electors may be combined with an adjacent voting district from which all and the same officers are elected; P.A.
74-197 added exception for use in municipal elections and primaries that voting districts may cross the congressional,
senatorial and assembly district lines but not municipal political subdivision lines and that no special state election may
be held on same day as regular municipal election, cross-referencing Sec. 9-169d; P.A. 85-592 authorized registrars to
designate a deputy head moderator; P.A. 86-2 added requirement that head moderator and deputy head moderator not be
members of same major political party.
See Sec. 9-240 re provision of suitable rooms for elections and voting machine booths.
Council not authorized to change number or boundaries of wards fixed by charter. 140 C. 517. Cited. 192 C. 399, 403.
For the purposes of this section and section 9-
169, "split voting district" means a voting district which was divided by statute or otherwise divided by law pursuant to article 26 of the amendments to the Constitution of
Connecticut or an order of a court of competent jurisdiction between two or more congressional, senatorial or assembly districts within a town so that a part of such split
voting district was allocated to one congressional, senatorial or assembly district and
the other part or parts thereof were allocated to another or other congressional, senatorial
or assembly districts. Such part of a split voting district so allocated to a congressional,
senatorial or assembly district shall be a separate voting district and shall have its own
separate enrollment list, registry list, list of unaffiliated electors if required under section
9-55, and polling place, and shall for all other administrative purposes be treated as a
separate voting district. In a municipality which elects no town, city or borough officers
from political subdivisions at a municipal election, this section shall apply to all elections
unless and until the voting districts are changed under the provisions of section 9-169.
In a municipality which elects one or more town, city or borough officers from political
subdivisions at a municipal election, such municipality, for municipal elections and for
town committee primaries in which the town committee members are selected from
political subdivisions other than assembly or senatorial districts, may continue to use
the voting districts as they existed prior to such redistricting or as they are established
under section 9-169d, unless and until such voting districts are changed in accordance
with the provisions of section 9-169 and, in such a municipality, except as provided in
section 9-169e, this section shall apply only with respect to (1) any primary or election
for representative in Congress, state senator or state representative in a congressional,
senatorial or assembly district which contains a part of a split voting district, (2) any
primary for town committee members in which such town committee members are
elected at large or in which such a senatorial or assembly district is the political subdivision from which such town committee members are elected and (3) any primary or
election for a town, city or borough office in which such a senatorial or assembly district
is the political subdivision from which such municipal office is elected. This section
shall not preclude any town from changing the boundaries of voting districts as provided
in section 9-169 and shall not apply to any town which has changed or changes the
boundaries of its voting districts pursuant to said section so as to eliminate any split
voting districts.
(1967, P.A. 557, S. 22; P.A. 73-657, S. 2, 13; P.A. 74-197, S. 3; Nov. Sp. Sess. P.A. 81-3, S. 1, 5; P.A. 87-509, S. 8,
24; P.A. 92-1, S. 4, 8.)
History: P.A. 73-657 redefined "split voting district" as one divided by statutes pursuant to article three, section one
of Connecticut Constitution, or by order of court of competent jurisdiction between two or more congressional, senatorial
or assembly districts and further provided for application of section as to elections held before change in voting district
effectuated under Sec. 9-169; P.A. 74-197 inserted reference to new Sec. 9-169d which provided for voting districts crossing
those district lines where used in municipal elections and primaries; Nov. Sp. Sess. P.A. 81-3 amended definition of "split
voting district" to replace "section 6 of article third" of state constitution with "article 16" of the amendments to the
constitution of Connecticut, changed date references to reflect decennial redistricting and added exception re Sec. 9-169e;
P.A. 87-509 required part of split voting district allocated to congressional, senatorial or assembly district to have its own
separate list of unaffiliated electors if required under Sec. 9-55; P.A. 92-1 deleted references to voting districts used prior
to and in the November 1982 state election and updated the reference to the reapportionment amendment to the constitution.
Notwithstanding the
provisions of sections 9-168b and 9-169, any change or changes in voting districts made
in any municipality in accordance with the provisions of section 9-169, to conform, or
facilitate conforming, to any plan of districting for the General Assembly or for the
congressional districts, adopted by the General Assembly or determined by any reapportionment commission, appointed in accordance with the provisions of article 26 of the
amendments to the Constitution of Connecticut, or ordered by a court of competent
jurisdiction, or to conform, or facilitate conforming, to any order entered by a court of
competent jurisdiction relating to a plan of districting for the General Assembly or for
the congressional districts, adopted by the legislative body of the municipality shall be
deemed effective as of the date of adoption, except as provided in section 9-169e.
(1972, P.A. 220, S. 3; Nov. Sp. Sess. P.A. 81-3, S. 2, 5; P.A. 92-1, S. 5, 8.)
History: Nov. Sp. Sess. P.A. 81-3 deleted obsolete references to 1972 changes, applied provisions to districting plans
for congressional districts and specified that changes are effective as of adoption date except as provided in Sec. 9-169e,
replacing provision whereby changes were effective "upon passage" by municipality's legislative body; P.A. 92-1 updated
the reference to the apportionment amendment to the constitution and made a technical change.
Notwithstanding the provisions of any charter or special act to the contrary, in any town
in which members of its legislative body are elected on the basis of assembly districts
and where as a result of redistricting one or more of such assembly districts are shared
with another town, such members may be elected on an at-large basis without reference
to such assembly districts or other political subdivisions, unless and until such town
changes its charter.
(P.A. 73-657, S. 4, 13.)
Cited. 205 C. 495, 503—505.
Sec. 9-169d. Voting districts crossing legislative district lines, permitted for
municipal elections. The legislative body of any town, consolidated town and city or
consolidated town and borough which elects municipal officers from political subdivisions may establish, in accordance with the provisions of section 9-169, for use in municipal elections and primaries, voting districts which cross congressional, senatorial or
assembly district lines, but which do not cross municipal political subdivision lines,
provided no special state election may be held on the same day as a regular municipal
election in such municipalities.
(P.A. 74-197, S. 1.)
Sec. 9-169e. Voting districts in special elections held to fill vacancy in district
or municipal office. Notwithstanding any other provision of the general statutes, any
special act or home rule charter, any special election held to fill a vacancy in a district
office or in a municipal office in a political subdivision, including the municipal office
of state senator or state representative, shall be held in the district or political subdivision
which was represented by the person who vacated such office, and the voting districts
used for purposes of such special election, including the nomination of candidates to run
in such election, shall conform to the boundaries of such district or political subdivision.
(Nov. Sp. Sess. P.A. 81-3, S. 3, 5.)
See part III (Secs. 9-211 to 9-224, inclusive) re procedure for filling vacancies in specific offices.
Not later than June first in the year after the first regular General Assembly election
following a reapportionment of the General Assembly, each municipal legislative body
whose members are elected wholly or partially on the basis of a geographical division
of the municipality shall adopt a reapportionment plan for such legislative body. Any
such municipal reapportionment plan (1) shall be based on population data for the municipality from the most recent decennial census of the United States and (2) may provide
for geographical divisions which use the same borders as General Assembly districts
in the municipality.
(P.A. 89-283.)
Sec. 9-169g. Town clerks required to submit voting district maps to Secretary
of the State. Use of maps by General Assembly. (a) The town clerk of any municipality
(1) which is divided between two or more assembly districts, two or more senatorial
districts or two or more congressional districts or (2) which is not divided between any
such districts but is divided into two or more voting districts for General Assembly or
congressional elections, shall submit to the Secretary of the State a street map of the
municipality which indicates the boundary lines of the voting districts established by
the municipality in accordance with sections 9-169, 9-169a and 9-169d. The town clerk
shall submit such map to the secretary (A) not later than July 30, 1997, if any such
division is in effect on July 1, 1997, or, if no such division is in effect on July 1, 1997,
not later than thirty days after any such division first takes effect, and (B) not later than
thirty days after any change in any such division takes effect.
(b) The Secretary of the State shall make such maps available to the General Assembly, for use by the General Assembly in carrying out its responsibilities under (1) Article
XXVI of the Amendments to the Constitution of Connecticut, or any subsequent corresponding state constitutional provision, with regard to the redistricting of assembly, senatorial and congressional districts, and (2) Public Law 94-171, concerning the establishment of a plan identifying the geographic areas for which specific tabulations of
population are desired in the decennial census of the United States.
(P.A. 97-116, S. 1, 2.)
History: P.A. 97-116 effective July 1, 1997.
At any regular or special town
election any person may vote who is registered as an elector on the revised registry list of
the town last completed and he shall vote only in the district in which he is so registered,
provided any person may vote whose name is restored to the list under the provisions
of section 9-42 or whose name is added on the last week day before a regular election
under the provisions of section 9-17. Each person so registered shall be permitted to
vote unless he is not a bona fide resident of the town and political subdivision holding
the election or has been convicted of a disfranchising crime. Any person offering to
vote and being challenged as to his identity or residence shall, before he votes, prove
his identity with the person on whose name he offers to vote or his bona fide residence
in the town and political subdivision holding the election, as the case may be, by the
testimony, under oath, of at least one other elector or by such other evidence acceptable
to the moderator.
(1949 Rev., S. 496; 1953, S. 652d; P.A. 75-348, S. 7, 11; P.A. 97-154, S. 16, 27.)
History: P.A. 75-348 inserted "is not a bona fide resident of such town" for less definitive wording and added "or by
such other evidence acceptable to the moderator"; P.A. 97-154 substituted "the town and political subdivision holding the
election" for "such town", effective July 1, 1997.
In all cities, unless otherwise provided by law, any person entitled to vote at city elections who is registered on the revised
registry list last completed, and any person having a legal right to vote at such elections
whose name is entered on a copy of such list before voting, may vote therein in the
district for which such registry list is made; provided those persons may vote whose
names are restored to the list under the provisions of section 9-42 or whose names are
added on the last week day before a regular election under the provisions of section 9-
17. Each person so registered shall be permitted to vote, unless he has lost his right by
removal from such city since he has registered or by conviction of a disfranchising crime.
Any person offering so to vote, and being challenged as to his identity or residence, shall,
before he votes, prove his identity with the person on whose name he offers to vote or
his bona fide residence in such city, as the case may be, by the testimony, under oath,
of at least one other elector or by such other evidence acceptable to the moderator. The
names of those voting shall be checked on such copy of such list, and such copy so
checked shall be kept on file in the office of the town clerk, as in the case of state
elections.
(1949 Rev., S. 532, 1065; 1953, S. 653d; 1963, P.A. 318, S. 1; P.A. 75-348, S. 8, 11.)
History: 1963 act provided for filing of check list in office of town clerk rather than city clerk; P.A. 75-348 substituted
"since he has registered" for "after completion of such registry list", substituted "bona fide" for "continued" residence,
deleting "since the completion of such list", and added "or by such other evidence acceptable to the moderator".
At any regular or special state
election any person may vote who was registered on the last-completed revised registry
list of the town in which he offers to vote, and he shall vote in the district in which he
was so registered; provided those persons may vote whose names are restored to the list
under the provisions of section 9-42 or whose names are added on the last weekday
before a regular election under the provisions of section 9-17. Each person so registered
shall be permitted to vote if he is a bona fide resident of the town and political subdivision
holding the election and has not lost his right by conviction of a disfranchising crime.
Any person offering so to vote and being challenged as to his identity or residence shall,
before he votes, prove his identity with the person on whose name he offers to vote or
his bona fide residence in the town and political subdivision holding the election, as the
case may be, by the testimony, under oath, of at least one other elector or by such other
evidence as is acceptable to the moderator.
(1949 Rev., S. 1065; 1953, S. 654d; P.A. 75-348, S. 9, 11; P.A. 79-189, S. 7, 9; P.A. 80-483, S. 32, 186; P.A. 97-154,
S. 17, 27.)
History: P.A. 75-348 substituted "is not a bona fide resident of such town" for less specific language and inserted
"unless he has lost his right" before "by conviction of a disenfranchising crime", further added "or by such other evidence
acceptable to the moderator"; P.A. 79-189 rephrased conditions for permission to vote; P.A. 80-483 made technical changes;
P.A. 97-172 substituted "the town and political subdivision holding the election" for "such town", effective July 1, 1997.
For
purposes of special elections, the term "revised registry list last completed", as used in
sections 9-170, 9-171 and 9-172, means the registry list last completed for the last regular
election held in the municipality or political subdivision holding the special election,
together with the supplementary or updated list of persons in such municipality or political subdivision who acquired voting privileges since the completion of such list compiled under section 9-172b.
(1967, P.A. 207, S. 1; P.A. 99-276, S. 5, 15.)
History: P.A. 99-276 added references to "or updated" list, effective January 1, 2000.
Sec. 9-172b. Supplementary list and registration deadline for special election
or referendum. (a) In each municipality or political subdivision in which a special
election or referendum is to be held, the registrars of voters shall prepare a supplementary
or updated list of the names and addresses of those persons who acquired voting privileges after the completion of the revised registry list and prior to the day of such special
election or referendum. In each such municipality or political subdivision, not later than
the day before such special election or referendum, such registrars shall cause to be
completed and printed and deposited in the town clerk's office such list arranged as
provided in section 9-35 and certified by them to be correct, and shall retain a sufficient
number of copies to be used by them at such election or referendum for the purpose of
checking the names of those who vote, provided the names of any persons who acquired
such voting privileges within thirty days before such special election or referendum may
be inserted on such printed list in writing.
(b) In the case of a special election or referendum, no person admitted as an elector
on the day of the special election or referendum shall be entitled to vote in that election.
(1967, P.A. 207, S. 2; P.A. 79-363, S. 23, 38; P.A. 80-483, S. 33, 186; P.A. 83-162; P.A. 99-276, S. 6, 15.)
History: P.A. 79-363 deleted reference to inclusion of voters who acquired voting privileges under Secs. 9-31e, 9-41
and 9-41a on supplementary list; P.A. 80-483 made technical change; P.A. 83-162 made existing provisions applicable to
referenda and added Subsec. (b) re electors admitted on day of special election or referendum; P.A. 99-276 amended
Subsec. (a) by adding reference to "or updated" list, effective January 1, 2000.
In the election for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller and Attorney General, the
person receiving the greatest number of votes for each of said offices, respectively, shall
be declared elected. If no person has a plurality of the votes for any of said offices, the
General Assembly shall choose such officer. In the election for senator in Congress, the
person receiving the greatest number of votes for such office shall be declared elected;
but, if no person has a plurality of the votes for said office, the Governor may make a
temporary appointment of a senator in Congress to serve for the ensuing two years unless
the General Assembly directs a special election for a senator in Congress, to be held
during said period, to fill the vacancy occasioned by such failure to elect. In all elections
of representatives in Congress, state senators, state representatives and judges of probate,
the person having the greatest number of votes shall be declared elected. Unless otherwise provided by law, in all municipal elections a plurality of the votes cast shall be
sufficient to elect.
(1949 Rev., S. 514, 1084, 1088, 1089, 1098, 1102; 1953, S. 656d; 1967, P.A. 557, S. 2; P.A. 00-99, S. 25, 154.)
History: 1967 act added "state representative" to list of offices for which the candidate having greatest number of votes
shall be declared elected, deleted provision in case of state representatives for moderator to declare elected person having
greatest number of votes and if town is entitled to two representatives, the two top vote getters to be declared elected; P.A.
00-99 deleted reference to sheriffs, effective December 1, 2000.
As applied to office of selectman. 75 C. 460. Cited. 135 C. 150.
Without a bipartisan restriction, a plurality of votes cast elects. 10 CS 258.
Notwithstanding the provisions of any general statute, special act or municipal charter
to the contrary, at any regular election, or at any special election held to fill a vacancy
in a state, district or municipal office, the polls shall remain open for voting from six
o'clock a.m. until eight o'clock p.m. No elector shall be permitted to cast his vote after
the hour prescribed for the closing of the polls in any election unless such elector is in
line at eight o'clock p.m. An election official or a police official of the municipality,
who is designated by the moderator, shall be placed at the end of the line at eight o'clock
p.m. Such official shall not allow any electors who were not in such line at eight o'clock
p.m. to enter such line.
(1949 Rev., S. 1062; 1953, S. 657d; 1967, P.A. 62; P.A. 77-209; P.A. 83-391, S. 14, 24; P.A. 84-12, S. 1, 2; P.A. 88-
162, S. 1, 4.)
History: 1967 act provided for polls to remain open for voting from six a.m. to eight p.m. for all elections; P.A. 77-209
provided for electors who were already in line at eight p.m. to be permitted to vote; P.A. 83-391 amended section to provide
that hours for special election shall be noon to eight p.m. unless election held in conjunction with regular election; P.A.
84-12 added proviso concerning special election held on same day as municipal referendum; P.A. 88-162 required polls
to open for voting in all special elections at six o'clock a.m., instead of at twelve o'clock noon, effective July 1, 1989.
Before election, requirement is mandatory if direct proceedings for its enforcement are brought, but after election, it
is directory if no substantial harm shown. 20 CS 464.
PART II
PARTICULAR OFFICERS
Sec. 9-175. Presidential and vice presidential electors. Write-in candidates
and ballots. (a) The electors in the several towns in the state, at the state election in
1964, and quadrennially thereafter, shall elect electors of President and Vice President
of the United States, not exceeding in number the whole number of senators and representatives to which the state is then entitled in the Congress of the United States. Voting
shall be conducted and the result declared, and the returns thereof made, as is provided
in respect to state elections. The Secretary of the State shall, on or before the first Monday
of October of the year in which such presidential electors are to be elected, transmit
blank forms to the several town clerks for the return of the votes; and the lists and returns
of the votes shall be made out, certified and directed according to such forms. When an
election is to be held for the choice of presidential electors, if any political party has
nominated candidates for President and Vice President of the United States, and presidential electors to vote for such presidential and vice presidential candidates have been
nominated by a political convention of such party in this state, or in such other manner
as entitles the names of such electors to be placed upon the official ballots to be used
in such election, the Secretary of the State and any other official charged with the preparation of official ballots to be used in such election, in lieu of placing the names of such
presidential electors on such official ballots, shall place on such official ballots a space
with the words "Presidential electors for (here insert the last name of the candidate for
President, the word 'and' and the last name of the candidate for Vice President)"; and
a vote cast therefor shall be counted, and shall be in all respects effective, as a vote for
each of the presidential electors representing such candidates for President and Vice
President.
(b) In the case of a write-in candidate for President of the United States, such candidate may register his candidacy with the Secretary of the State by submitting his name
and the names of a vice presidential candidate and candidates for the office of elector
in a number not exceeding the whole number of electors to which the state is then entitled.
Such registration shall be on a form prescribed by the Secretary of the State, which form
shall include a statement of consent to being a candidate by each proposed candidate
for elector and by the candidate for Vice President. Such registration shall not include
a designation of political party. A candidate for President may register at any time after
January first of the election year and not later than four o'clock p.m. on the fourteenth
day preceding the election at which the offices of presidential elector and vice presidential elector are being contested. If a candidate has so registered, a vote may be cast by
write-in ballot for such candidate by writing in the last name of the candidate for President and the last name of the candidate for Vice President or only the last name of the
candidate for President; such write-in ballot shall be counted, and shall be in all respects
effective, as a vote for each of the presidential electors representing such candidates for
President and Vice President. No person nominated for the office of President, Vice
President, or presidential elector by a major or minor party or by nominating petition
shall register as a write-in candidate for such office under the provisions of this section
and any such registration of a write-in candidacy filed by such a person shall be void.
(1949 Rev., S. 1043, 1103; 1953, S. 658d; 1961, P.A. 374, S. 1; P.A. 77-82, S. 1; P.A. 83-475, S. 17, 43.)
History: 1961 act made mandatory rather than directory the use of "Presidential electors for ... and ..." rather than listing
the electors by name; P.A. 77-82 added new Subsec. (b) re registration of a write-in candidate for president; P.A. 83-475
changed "end of the business day" to four o'clock p.m. and added prohibition against person nominated for office of
president, vice president or presidential elector registering for same office as a write-in candidate.
Subsec. (a):
Electors placed on ballot by Secretary of the State must be those pledged to vote for the candidates nominated by their
national political party. 254 C. 789.
The presidential electors shall meet
at the office of the Secretary of the State at twelve o'clock, noon, on the first Monday
after the second Wednesday of the December following their election and, as required
by the Constitution and laws of the United States, shall cast their ballots for President
and Vice President. Each such elector shall cast his ballots for the candidates under
whose names he ran on the official election ballot, as provided in section 9-175. If any
such elector is absent or if there is a vacancy in the electoral college for any cause, the
electors present shall, before voting for President and Vice President, elect by ballot an
elector to fill such vacancy, and the person so chosen shall be a presidential elector,
shall perform the duties of such office and shall cast his ballots for the candidates to
whom the elector he is replacing was pledged.
(1949 Rev., S. 1104; 1953, S. 659d; 1961, P.A. 374, S. 2.)
History: 1961 act required presidential elector or his replacement to vote for candidates under whose names he ran.
Chosen electors are required to vote for the candidates nominated by their national political party. 254 C. 789.
Each elector of President and
Vice President of the United States shall receive ten dollars a day when attending upon
the duties of his appointment, for which the Comptroller, on presentation to him of the
certificate of the chairman of such electors, shall draw an order on the Treasurer.
(1949 Rev., S. 3596.)
A senator in Congress shall be elected by the
electors of the several towns, as provided by the Constitution of the United States, in
any year occurring next before the expiration of the term of a senator in Congress, and
in any other year when the Governor issues writs of election to fill a vacancy in the
office of senator in Congress.
(1949 Rev., S. 1097; 1953, S. 660d.)
At each state election the electors of the
several towns in each congressional district in this state shall elect a representative in
the Congress of the United States for such district to represent this state in said Congress.
(1949 Rev., S. 1099; 1953, S. 662d.)
Section 9-180 is repealed.
(1949 Rev., S. 1101; 1953, S. 661d; April, 1964, P.A. 2, S. 6.)
At the state election to be held in 1966, and quadrennially thereafter, there shall be elected a Governor, Lieutenant Governor, Secretary, Treasurer, Comptroller and Attorney General to hold their respective offices from the
Wednesday following the first Monday of the January next succeeding their election
until the Wednesday following the first Monday of the fifth January succeeding their
election and until their successors are qualified. When any political party has nominated
candidates for the offices of Governor and Lieutenant Governor, their names shall be
so placed upon the ballot in any such election that any elector will cast a single vote for
both candidates.
(1953, S. 663d; 1963, P.A. 401, S. 1.)
History: 1963 act added provision for placing names of candidates for governor and lieutenant governor on ballot so
that elector casts a single vote for both candidates.
Section 9-182 is repealed, effective December 1, 2000.
(1949 Rev., S. 449; 1953, S. 664d; P.A. 00-99, S. 153, 154.)
Section 9-183 is repealed.
(1949 Rev., S. 7545, 7546; 1953, S. 665d; 1967, P.A. 831, S. 5; P. A. 73-666, S. 1, 3; P.A. 74-11, S. 2, 4; 74-109, S.
10, 11.)
(a) The number of
justices of the peace for each town shall be equal to one-third the number of jurors to
which such town is by law entitled, except in the town of Waterbury the number shall
be sixty-nine, in the town of Trumbull the number shall be fifteen, in the town of Meriden
the number shall be twenty-three, and in the town of Litchfield the number shall be
fifteen; provided any town, by ordinance, may provide for the selection of a lesser
number of justices of the peace for such town as herein provided, which shall be not
less than fifteen.
(b) Notwithstanding any provision of any special act or charter to the contrary:
(1) In 1994, the number of justices of the peace for any town which selects a number
of justices of the peace under a special act or charter, which is fewer than one-third the
number of jurors to which the town is by law entitled, shall be one and one-half times
the number authorized for the town on May 1, 1994, but not less than fifteen;
(2) In 1996, the number of justices of the peace for any such town shall be one and
one-half times the number authorized for the town on May 1, 1994, but not less than
fifteen, unless the town amends such special act or charter or adopts an ordinance under
subdivision (3) of this subsection;
(3) Any town which selects a number of justices of the peace under a special act or
charter, which is fewer than one-third the number of jurors to which the town is by
law entitled, may amend such special act or charter under chapter 99 or may adopt an
ordinance superseding such special act or charter provision, to provide for a number of
justices of the peace to be selected in 1996, and quadrennially thereafter, which shall
be not less than fifteen nor more than one-third the number of jurors to which the town
is by law entitled, or may repeal the special act or charter provision.
(c) Notwithstanding any provision of any ordinance to the contrary:
(1) In 1994, the number of justices of the peace for any town which selects a number
of justices of the peace under an ordinance, which is fewer than one-third the number
of jurors to which the town is by law entitled, shall be one and one-half times the number
authorized for the town on May 1, 1994, but not less than fifteen;
(2) In 1996, the number of justices of the peace for any such town shall be one and
one-half times the number authorized for the town on May 1, 1994, but not less than
fifteen, unless the town amends such ordinance under subdivision (3) of this subsection;
(3) Any town which selects a number of justices of the peace under an ordinance,
which is fewer than one-third the number of jurors to which the town is by law entitled,
may amend such ordinance to provide for a number of justices of the peace to be selected
in 1996, and quadrennially thereafter, which shall be not less than fifteen nor more than
one-third the number of jurors to which the town is by law entitled, or may repeal the
ordinance provision.
(d) Upon the adoption, amendment or repeal of any ordinance under this section,
the clerk of such town shall send a certified copy thereof to the Secretary of the State.
(P.A. 74-109, S. 1, 11; P.A. 94-230, S. 1, 10; P.A. 96-120, S. 1, 3.)
History: P.A. 94-230 designated first sentence of existing section as Subsec. (a), amended Subsec. (a) to increase number
of justices of the peace from forty-six to sixty-nine in Waterbury, from seven to fifteen in Trumbull, from fifteen to twenty-
three in Meriden and from five to fifteen in Litchfield and to require a minimum of fifteen justices of the peace in towns
establishing a number of justices of the peace by ordinance, added Subsec. (b) re number of justices of the peace in towns
establishing a number of justices of the peace under special act or charter, added Subsec. (c) re number of justices of the
peace in towns establishing a number of justices of the peace by ordinance, designated second sentence of existing section
as Subsec. (d) and inserted "amendment" and "under this section" in Subsec. (d), effective June 11, 1994; P.A. 96-120
amended Subsec. (b) by adding a new Subdiv. (2) re the number of justices of the peace in 1996, and renumbering former
Subdiv. (2) as Subdiv. (3) and amended Subsec. (c) by adding a new Subdiv. (2) re the number of justices of the peace in
1996, and renumbering former Subdiv. (2) as Subdiv. (3), effective May 24, 1996.
In 1994,
1996, and quadrennially thereafter, two-thirds of the total number of justices of the
peace in each town shall be selected in accordance with the provisions of this section.
Such percentage shall be rounded down to the nearest whole number of justices of the
peace. The political parties which are major parties, as defined in subparagraph (B) of
subdivision (5) of section 9-372, shall each be entitled to nominate an equal number of
the total number of justices of the peace to be selected in each town under this section,
provided in towns where the number of justices of the peace to be nominated under this
section is not divisible by the number of political parties entitled to nominate justices
of the peace under this section, the registrars of voters shall determine by lot which of
said parties may nominate one more justice of the peace than may be nominated by the
other party or parties. Such nomination by such parties shall qualify the nominees to
serve as justices of the peace. Such nomination shall be made within the time limits
prescribed for municipal offices prior to a state election, for a term of two years to begin
the first Monday of January in 1995, for any such nomination made in 1994, and for a
term of four years to begin the first Monday of January in the year succeeding any such
nomination made in 1996, or thereafter. Primaries for justices of the peace shall be by
slate as in the case of convention delegates and shall be held on the same day as primaries
for municipal offices.
(1949 Rev., 1201; March, 1950, S. 261b; 1953, S. 729d; 1957, P.A. 128, S. 1; P.A. 74-11, S. 3, 4; 74-109, S. 6, 11;
P.A. 76-71, S. 1, 3; P.A. 94-230, S. 2, 10; P.A. 00-66, S. 20.)
History: P.A. 74-11 deleted provisions pertaining to block voting for justices of the peace, grouped according to political
party and the prohibitions against write-in and split-ticket voting and also deleted provision for political party whose
candidate for governor was last elected, to nominate one more candidate, added provisions for nomination of one-half
numbers of justices of the peace to be elected where total to be elected is even and the nomination of a bare majority where
total number is odd; P.A. 74-109 added qualification that political parties having largest and second largest total number
of enrolled party members in the state shall be entitled to nominate justices of the peace, further provided for each party
to be entitled to nominate half in towns where the total number to be nominated is even and for the registrars to determine
by lot which party is entitled to nominate one more justice than the other party, where total number to be nominated is
odd, further set limit of age seventy beyond which no person may be nominated or serve, provided that such nominations
by the parties qualify the nominees to serve, that the term be for four years to begin the first Monday of January and that
primaries shall be by slate and held same day as primaries for municipal offices, to take effect upon adoption of Senate
Joint Resolution No. 22 of the 1973 session as an amendment to the constitution of Connecticut; P.A. 76-71 removed the
age limitations; P.A. 94-230 required two-thirds of justices of the peace in each town to be selected in accordance with
this section, authorized major parties as defined in Sec. 9-372(6)(B) to select equal number of justices of the peace under
this section instead of the two parties having the largest party enrollments to each select one-half of number of justices of
the peace, and established two-year terms for justices of the peace nominated in 1994, and four-year terms for justices of
the peace nominated in 1996, or thereafter, effective June 11, 1994; Sec. 9-252 transferred to Sec. 9-183b in 1995; P.A.
00-66 made a technical change.
Annotations to former section 9-252:
Cited. 20 CS 402.
Sec. 9-183c. Nomination of justices of the peace by parties qualifying as major
parties based solely on gubernatorial vote. Terms. Primaries. In 1994, 1996, and
quadrennially thereafter, when there is a political party which is a major party, as defined
in subparagraph (A) of subdivision (5) of section 9-372, but is not a major party, as
defined in subparagraph (B) of said subdivision (5), a percentage of the number of
justices of the peace in each town selected under section 9-184c shall be selected in
accordance with the provisions of this section. Such percentage shall be rounded down
to the nearest whole number of justices of the peace. Each such party shall be entitled
to nominate twenty per cent of the total number of justices of the peace to be selected
in each town under section 9-184c. Such nomination by such parties shall qualify the
nominees to serve as justices of the peace. Such nomination shall be made within the
time limits prescribed for municipal offices prior to a state election, for a term of two
years to begin the first Monday of January in 1995, for any such nomination made in
1994, and for a term of four years to begin the first Monday of January in the year
succeeding any such nomination made in 1996, or thereafter. Primaries for justices of
the peace shall be by slate as in the case of convention delegates and shall be held on
the same day as primaries for municipal offices.
(P.A. 94-230, S. 5, 10; P.A. 00-66, S. 21; P.A. 01-26, S. 7.)
History: P.A. 94-230 effective June 11, 1994; P.A. 00-66 made technical changes; P.A. 01-26 made a technical change.
Sec. 9-184. Vacancy in office of justice of the peace when justice nominated
by a major party. Any vacancy in the office of a justice of the peace selected (1) pursuant
to section 9-183b or (2) pursuant to section 9-183c shall be filled by appointment by
the town committee of the political party of the vacating justice until the day on which
the term of office of such vacating justice would have terminated. The town chairman
or the secretary of the appointing town committee shall file with the town clerk a certificate of each such appointment and the town clerk shall record the certificate with the
records of the town meeting. The town clerk shall notify the Secretary of the State of
any such vacancy.
(1949 Rev., S. 7547; 1953, S. 666d; P.A. 73-475, S. 1, 3; P.A. 74-109, S. 3, 11; P.A. 80-215, S. 1; P.A. 94-230, S. 3,
10; May 25 Sp. Sess. P.A. 94-1, S. 118, 130.)
History: P.A. 73-475 provided for vacancies to be filled by town committee of the political party of the vacating justice,
the chairman or secretary thereof to file with town clerk certificate of each such appointment, to be recorded with the
records of the town meeting, effective upon adoption of amendment to the constitution repealing section 5 of article V or
the provision therein for elections of justices of the peace; P.A. 74-109 substituted "nomination" for "election", provided
for term to end "four years thereafter", further provided for form of justice filling a vacancy to end at time term of vacating
justice would have ended, effective upon adoption of Senate Joint Resolution No. 22 of the 1973 session as an amendment
to the constitution of Connecticut pursuant to article twelfth of the constitution; P.A. 80-215 provided for town clerk to
notify secretary of the state and clerk of the superior court for judicial district in which town is located of any vacancy;
P.A. 94-230 deleted prior provision re term of justices of the peace and inserted "selected pursuant to section 9-183b",
effective June 11, 1994; May Sp. Sess. P.A. 94-1 added reference to selection of justices of the peace pursuant to Sec. 9-
183c, effective July 1, 1994.
Reserved for future use.
(a) In 1994, 1996, and quadrennially thereafter, the town clerk of each town shall appoint as justice of the peace a number of electors
of the town who are not members of major parties, as defined in section 9-372, which
shall not exceed (1) where no justices of the peace are selected under section 9-183c,
one-third of the total number of justices of the peace in the town, or (2) where justices
of the peace are selected under section 9-183c, one-third of the total number of justices
of the peace in the town less the number of justices of the peace in the town selected
under section 9-183c. Such percentage shall be rounded up to the nearest whole number
of justices of the peace. Any such appointment shall be made upon written application
submitted on or after August first and on or before November first, in such year. No
person who has enrollment privileges in the town in a political party which selected
justices of the peace under section 9-183b or under section 9-183c within the period
beginning three months before said August first and ending on the date the person is to
be appointed under this section, shall be eligible for such appointment. Not later than
August 1, 1996, and quadrennially thereafter, the town clerk shall send a written notice
to each incumbent justice of the peace appointed under this section. Such notice shall
inform such justices of the peace of the procedures set forth in this section concerning
the reappointment of such justices of the peace.
(b) If, on November first in such year, the number of applications for justice of the
peace filed with the town clerk under subsection (a) of this section exceeds the number
of justices of the peace allowed under this section, (1) each such applicant who is an
incumbent justice of the peace appointed under this section shall be reappointed if there
are sufficient openings and (2) the town clerk shall, on or before the fifteenth business
day of November, select the remaining applicants to be appointed as justices of the
peace by lot in a ceremony which shall be open to the public and held on five days' public
notice. At such lottery the town clerk shall determine the order of all such remaining
applications for the purpose of filling future vacancies under subsection (d) of this section. If a town clerk receives a number of applications that is less than the number of
justices of the peace that he is authorized to appoint under this section in any year, he
shall not appoint any additional justices of the peace.
(c) Justices of the peace appointed in 1994, shall serve a term of two years beginning
on the first Monday in 1995, and justices of the peace appointed in 1996 and thereafter
shall serve a term of four years beginning on the first Monday in January in the succeeding year.
(d) Any vacancy in the office of any such justice of the peace shall be filled by
appointment by the town clerk of an elector qualifying under subsection (a) of this
section in the order determined in the lottery held under said subsection. If no such
lottery is held, the vacancy shall not be filled.
(P.A. 94-230, S. 6, 10; P.A. 96-120, S. 2, 3.)
History: P.A. 94-230 effective June 11, 1994; P.A. 96-120 amended Subsec. (a) to require town clerks to send quadrennial
notices re reappointment procedures to incumbent justices of the peace and amended Subsec. (b) by adding provision
requiring reappointment of incumbent justices of the peace if there are sufficient openings, effective May 24, 1996.
Unless otherwise provided by special act or charter, assessors, members of boards of assessment appeals, selectmen, town clerks, town
treasurers, collectors of taxes, constables, registrars of voters, members of boards of
education and library directors shall be elected, provided any town may, by ordinance,
provide for the appointment, by its chief executive authority, of (1) a constable or constables in lieu of constables to be elected under s |
