1. ROVAC Conference Minority Representation
APRIL 2019

2. More than 9 ………….………........... Two-thirds of
Town Clerk’s Role
The town clerk determines application of section 9-167a relating to representation of political parties on town boards and commissions.
COLUMN I
COLUMN II
Total Membership
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

3. DETERMINATION OF WINNING CANDIDATES
Prior to the election of members of any of the bodies covered by this requirement, the town clerk must determine the maximum number of members of any political party who may be elected. This number is determined by subtracting from the total number of members of one party who are members of the body the number of members of that party whose terms are expiring, then subtracting the balance of members remaining on the body from the number specified in the "maximum column". (§ 9-167a (b))
To determine the winning candidates after the votes are counted, the town clerk must prepare a list of the candidates ranked according to votes each received. Only the candidates of a political party with the highest number of votes up to the limit of the maximum number determined under subsection (b) may be declared elected. The names of the remaining candidates of that party must be stricken from the list and the next highest ranking candidates are elected up to the number of places to be filled at the election. (§ 9-167a(c)) It should be noted that these provisions do not limit the number of candidates which a political party may nominate, nor the number for which an elector may vote.

4. Two Ways to Achieve Minority Representation
§9-167a - Ceiling - use after election in declaring elected.
Restrictive Voting - (and nomination - §§9-414 and 9-250).
  Bd. of Ed. §9-204 (unless Charter provides otherwise or unless town has acted under §9-204a or §9-204b)
Selectmen §9-188
Constables §9-200
Assessors §9-199
Bd. of Assessment Appeals §9-199
  a. Provides for greater degree of minority representation, so supersedes §9-167a.
b. Does not guarantee minority representation on each term

5. Rules 1. LEGISLATIVE BODY - §9-167a applies to legislative bodies
2. NONPARTISAN ELECTIONS - §9-167a does not apply to nonpartisan elections
3. REGIONAL BOARDS OF EDUCATION - §9-167a and §9-204, etc., do not apply to Regional Board of Education (§10-46(c)).
The statute does not apply to bodies elected wholly or partially from political subdivisions, i.e., districts, wards, etc.; nor to certain other bodies as specified in section 9-167a (a) (2).

6. Rules
4. ALTERNATES
  a. ZONING BOARD OF APPEALS & ALTERNATES - two separate boards for purposes of minority representation  
b. PLANNING AND ZONING COMMISSION & ALTERNATES – two separate boards for purposes of minority representation

7. Rules
5. NEW BOARD - Fill terms in order listed in ordinance establishing
6. DEFERRED TERM - Fill term that begins immediately first, then deferred term.
The eligibility of a candidate to a deferred term is determined on election day, but is based on the composition of the board as it will be on the day that the term begins, taking into consideration who, as of election day, will be on the board when the deferred term begins. (Atty. Gen. Opn., April 17, 1961)

8. Rules
7. CANDIDATES win or lose for the office and term for which they receive votes, and votes cast for a candidate for a particular office and for a particular term may not be counted as votes for such candidate for other offices or terms (only exception in the General Statutes is Selectmen - loser for First Selectman gets his votes counted for Selectman). (§9-188)
8. VACANCIES - ORDER ON BALLOT - Full Term, vacancy (§9-250).

9. Rules
9. VACANCIES - ORDER FOR MINORITY REPRESENTATION - Fill vacancy, then full term §9-167a(d).
  a. But watch out for full terms beginning two weeks later! If vacancy begins election day and full term begins two weeks later, you must look at the party of the person left on the board, whose term ends two weeks after election.
  Example (for 11/7/89 election):
3 Board of Finance Alternates (elect 1 each election for 6-year term)
1. R ends 11/16/93
2. R ends 11/21/ (R won full term 11/21/ /21/95)
3. Vacancy (R won vacancy term 11/7/ /19/91)
Here, R who received the most votes for the vacancy term cannot be declared elected because for two weeks there would be three R's on the Board. Consequently, the D candidate for the vacancy term is declared elected to the vacancy term. Therefore, the R who won the full term may be declared elected to the full term.
  b. If two vacancies in different terms, fill in order that vacancies occurred
  c. TWO VACANCIES ON BOARD OF EDUCATION - When two vacancies occur on the same Board of Education term, each voter may only vote for, and each party may only nominate, one. §9-204

10. Rules
10. VACANCY APPOINTMENTS - Under §9-167a(d), a vacancy filled by appointment must be filled with a member of the political party of the person who vacated only when the board has already achieved maximum majority representation, and then only when the vacating member is of the minority party.
Chapman v. Tinker, 25 Conn. Supp. 436 (1964); Grodis v. Burns, 190 Conn. 39 (1983).

11. Rules
11. CANDIDACY OVERCOMES PARTY ENROLLMENT - §9-167a(g) - For purposes of minority representation, a candidate is deemed a member of the party in which he is enrolled at the time that he is nominated, except if he is a candidate only of a party other than the one in which he is enrolled (even if he is unaffiliated), then he is deemed a member of the party who nominated him or, if he is unaffiliated and is nominated by two parties, he is deemed a member of the party under whose name he received the most votes. Santaniello v. O'Connor, 30 Conn. Supp. 74 (l972)
 Note re transfer party affiliation under §9-59
R nominates R who transfers to D = R (for purposes of minority representation)
D nominates R who transfers to D = D (for purposes of minority representation)
A person, who has applied for transfer of his name from one party list to another, or for erasure of his name from a party list, is considered a member of his original party for three months from the date of his application for transfer or erasure
If you change party during your term, you are not removed from the board, but when the next vacancy on the board occurs and is filled, your party affiliation on the day it is filled is taken into consideration in filling the vacancy.

12. Rules 12. NOMINATING PETITIONS
 a. A petitioning candidate is considered a member of the party in which he is enrolled.
 b. A candidate who runs under a party designation is considered a member of his "party designation“ party for purposes of minority representation.
13. DON’T FORGET 9-59
a. Any elector whose name has been transferred from one enrollment list to another or who has applied for erasure or transfer of his name from an enrollment list shall not be entitled to participate or vote in a caucus or primary of any party, participate in the appointment of members to any board or commission that is political in nature, be appointed as a member of any board or commission that is political in nature or be entitled to the privileges accompanying enrollment in any party for a period of three months from the date of the filing of his application for transfer or for erasure.

13. EXPLORING SOME EXAMPLES The old Switcheraroo…..
Member of Party A holds a seat on a municipal board covered by 9-167a. They want to switch their party enrollment to Party B during their current term. They can be removed from the board, correct?
It has been the opinion of our office pursuant to 9-167a(a), (b), and (g) that if a member of an elected board applies for transfer of his party enrollment during his term, he may remain a member of the board until the end of his term. Although the transfer of party enrollment does not affect the status of the member already on the board, it may affect the filling of future vacancies that occur more than three months after filing of the application for transfer.

14. EXPLORING SOME EXAMPLES Wolf in sheep's clothes….
Town elects 15 alderman-at-large, each voter votes for and each party nominates 15, but under 9-167a, not more than 10 may be declared elected from one party. The anticipated composition of the board will be 10 Democrats and 5 Republicans. What happens if the Republicans nominate a Democrat for Alderman-at-large?
There is no statute which requires a candidate to be a party member to be endorsed by the party. Party rules may restrict this action, however.
Consequently, assuming that the name of the member of the Democratic Party appears only on the Republican row of the ballot, such candidate would be considered a member of the Republican Party for purposes of minority representation.

15. EXPLORING SOME EXAMPLES To be or not to be…
Petitioning candidate changed her party from Democrat to Republican on May 23, She also filed a nominating petition without party designation with the Secretary of the State that was approved on August 22, 2017 to be a candidate on the board that is covered by 9-167a. What party would the candidate be considered for purposes of minority representation?
9-167a(g) provides that any person who has applied for a transfer of enrollment is considered a member of the party from whose list she has so applied for transfer for a period of three months from the date of the filing of such application. Therefore, the candidate is considered a Democrat until August 23, 2017.
9-167a(g) also provides that a person shall be deemed to be a member of the political party on whose enrollment list her name appears on the date of her nominating as a candidate for election. The nominating petition was approved by the Secretary of the State on August 22, Under 9-453o(b) the date of approval of a nominating petition is also considered the date of the candidate's nomination.
Therefore, the candidate in question will be considered a Democrat for the purposes of minority representation.

16. EXPLORING SOME EXAMPLES Who am I?
If a write-in candidate for board membership receives the highest number of votes for the office for which her name is written in, for purposes of a, is she deemed to be a member of a political party?
Section 9-167a speaks to the appointment or election of members of a political party above the maximum number prescribed in the law. As such the fundamental issue is party enrollment.
Therefore, in this situation, the write-in candidate should be deemed to be a member of the political party with which she is enrolled.

17. EXPLORING SOME EXAMPLES Wait, how many….?
A Town’s Board of Finance has 6 members. At this municipal election 3 members of the Board are to be elected and each elector may vote for 3 candidates. How many candidates can a political party endorse?
In Connecticut, unless restricted voting is specifically provided for, as in the case of Constables, Board of Education and Selectman, there is full voting provides that no town committee, caucus or convention shall endorse and no primary shall choose more candidates for nomination than an elector may vote for.
As such, for this election 3 members are to be elected, each elector may vote for 3 so each party may nominate 3 candidates.

18. EXPLORING SOME EXAMPLES But wait…there is more…
Board of Education in this same town is govern by When the number to be elected for the same term is odd, no elector shall vote for more than a bare majority of that number. This year the town will elect 5 members to their Board of Education. How many candidates can a political party endorse?
Since the number to be elected is odd, no elector may vote for more than 3.
As such, provides that each party may nominate no more than 3.

19. EXPLORING SOME EXAMPLES My right to vote is gone!
Board of Education in this same town is govern by When the number to be elected for the same term is even, no elector shall vote for more than half of that number. This year the town will elect 4 members to their Board of Education. Now many candidates can a political party endorse?
Since that number is even, no elector may vote for more than 2.
As such, provides that each party may nominate no more than 2.
This means that if there are no minor party, petitioning or write-in candidates, all major party candidates on the ballot win.

20. EXPLORING SOME EXAMPLES That is a Democratic seat!
5 member Board of Selectman in a town. 3 Republican members and 2 Democratic members. One of the Democratic members resigns. When the remaining Selectman gather to fill the vacancy, they MUST fill the vacancy with a member of the same political party, right?
It depends. If at the moment of filling a vacancy, the board of selectman has reached the maximum of three members allowed from any one party, then 9-167a(d) requires that the vacancy be filled with a member of the same political party as that of the vacating member and then only when the vacating member is that of the minority party.
If the facts were reversed and a Republican member resigned, statute would allow for the vacancy to be filled with a member of any political party or an unaffiliated elector. Watch out for Charter Provisions!!!!!!

21. EXPLORING SOME EXAMPLES What came first chicken or egg?
Town has recently established a combined Planning and Zoning Board. A four year and two year term for Planning and Zoning will appear on their ballot. If a candidate runs for both offices are his votes added together? Also, how does minority representation apply to this situation?
For the purposes of minority representation, the terms are declared elected in the order in which they are listed in the charter or ordinance establishing the board. In this case, the charter provision established the four year term first and the two year term second, so minority representation should be applied in that order.
Finally, a candidate runs for a specific office and term. Thus, even offices with the same name but different terms are considered different offices. Therefore, the vote totals for the two separate offices cannot be added together. A person could cast a vote for the same candidate for both offices. If the vote totals were added together, the elector’s votes would be double counted.

22. Party Endorsements Absentee Ballot Available: October 4, 2019
Write-in Registration: October 22, 2019 (4:00 p.m.)
Sample Ballot: October 25, 2019
Primary/ Nominating petitions filed by: August 7, 2019 (4:00 p.m.)
Supervised Balloting Deadline: November 4, 2019
Absentee Ballot Deadline: November 4, 2019
Election Day: November 5, 2019

23. Party endorsements: July 16-23, 2019
JULY 16, 2019 to
JULY 23, 2019
(Tuesday - Tuesday)
POLITICAL PARTIES
PARTY ENDORSEMENT. Endorsement by major party for municipal office by town committee, caucus or convention between these days. (Secs and 9-391)
No party may endorse more candidates for municipal office than number for which an elector may vote. (Sec ). See also Sec a re. Board of Education.
REGISTRARS
PRIMARY PETITIONS AVAILABLE. Petition forms for persons desiring to oppose party-endorsed candidates for municipal office must be available from the registrar of voters beginning on the day following the making of the party's endorsement of candidates for municipal office or beginning on the day following the final day for the making of such endorsements, whichever comes first. (Secs (5) and 9-409)

24. Certification of endorsements: July 24, 2019 (4:00 p.m.)
(Wednesday)
4:00 p.m.
POLITICAL PARTIES
MUNICIPAL CLERK
PARTY ENDORSEMENTS -- CERTIFICATION. Last day for certification by a major political party to municipal clerk of party endorsement for municipal office. Each endorsement must be certified by either the chairman or presiding officer or the secretary of the town committee, caucus or convention which made the endorsement; the certification must be signed by the endorsed candidate(s) and provide each candidate’s address, name and office. Clerk must forthwith publish notice of certification and that list of candidates is on file. (Secs and 9-395)

25. Nominating petitions filed by: August 7, 2019 (4:00 p.m.)
(Wednesday)
4:00 p.m.
CANDIDATES
TOWN CLERK
NOMINATING PETITIONS. Last day for filing with town clerk or the Secretary of the State. Deadline 4:00 p.m. Town clerk or assistant town clerk must be in his office between 1:00 p.m. and 4:00 p.m. to accept petitions. (Sec i)
Clerk must file each petition page with Secretary of the State within 2 weeks after receiving it. (Sec n)

26. Primary petitions filed by: August 7, 2019 (4:00 p.m.)
(Wednesday)
4:00 p.m.
REGISTRARS
PRIMARY PETITIONS -- FILING. Primary petitions for opposition candidates of a major party for municipal offices must be submitted to respective registrars by 4:00 p.m. of this day. Registrars of voters, deputy registrar or assistant registrar must be in their office or office facilities between 1:00 p.m. and 4:00 p.m. to accept petitions. (Secs and 9-406)
FAILURE TO ENDORSE: Single-opening municipal office -- opposing candidate is deemed nominated if no endorsement has been made and certified to municipal clerk and there is only one opposing candidacy. Multiple-opening office -- party-endorsed candidates and opposing candidates are all deemed nominated if there are an insufficient number of endorsements certified to the municipal clerk and no more opposing candidates than the number for which no endorsement is made. (Sec )
MUNICIPAL CLERK
NOTICE OF PRIMARY. On filing of valid petition for municipal office, and after checking the same, registrar notifies municipal clerk that primary is to be held and clerk publishes registrar's notice and information concerning candidates, primary date, hours, and location of polls, files one copy with Secretary of the State not later than 3 business days after receipt of such notice from the registrars, and records said notice. If central counting designated by the registrars, the notice of primary shall include such central location. (Secs a and 9-435)

27. Primary (6:00 a.m. -- 8:00 p.m.): September 10, 2019
(Tuesday)
6:00 am to 8:00 pm
PRIMARY. Primary, if valid petition or petitions have been filed. Hours: 6:00 a.m. to 8:00 p.m. (Secs and 9-423)

28. Minor party nominations: September 4, 2019
(Wednesday)
MINOR PARTIES
MINOR PARTY NOMINATIONS AND CERTIFICATION. All minor party nominations and certification for municipal office must be made by this date and delivered to the municipal clerk. A list of nominees that includes the signature of each candidate shall be certified by the presiding officer of the committee, meeting or other authority making such nomination and shall be filed with the clerk of the municipality. (Sec )
Written notice of date, time, location and purpose of nominating meeting for municipal office must be filed with municipal clerk, and published in a newspaper having general circulation in the town not later than five days before meeting. (Sec a)

29. Statement of endorsement – nominating petitions: September 4, 2019
(Wednesday)
4:00 p.m.
NOMINATING PETITION
PARTY DESIGNATIONS
STATEMENT OF ENDORSEMENT -- NOMINATING PETITION CANDIDATES. Last day that party designation committee or chairman or secretary of a minor party may file statement of endorsement of nominating petition candidate with a party designation with Secretary of the State. (Sec o)

30. Thank You!