(a) No person shall be permitted to vote at a primary of a party unless (1) he is on the last-completed enrollment list of such party in the municipality or voting district, as the case may be, or (2) if authorized by the state rules of such party filed pursuant to section
9-374, he is an unaffiliated elector in the municipality or voting district, as the case may be, provided if two or more such parties are holding primaries on the same day in such municipality or voting district, whether for the same offices or different offices, such unaffiliated elector may vote in the primary of only one such party. Such state party rules may authorize unaffiliated electors to vote for some or all offices to be contested at its primaries.
(b) Any such person offering to vote and being challenged as to his identity or residence shall, before he votes, prove by the testimony, under oath, of at least one other elector qualified to vote in such primary or by such other evidence acceptable to the moderator either of the following which are applicable: (1) His identity with the person on whose name he offers to vote or (2) his bona fide residence in the municipality or political subdivision holding the primary, as the case may be. The rules of each party in each municipality shall prescribe whether members of the town committee shall be elected from the municipality at large, in which case any person on the last-completed enrollment list of such party in such municipality shall be eligible to vote in a primary for the election of such committee members, or whether such committee members shall be elected from political subdivisions of such municipality, in which case only persons on the last-completed list of such party in such a political subdivision shall be eligible to vote in a primary for the election of such committee members from such political subdivision; provided no town committee in any municipality shall be elected both at large and from political subdivisions.
(c) Any citizen who has not yet attained the age of eighteen years but who will have attained the age of eighteen years on or before the day of a regular election, and who: (1) Is otherwise qualified to be an elector, and (2) has applied for admission as an elector, may vote at a primary of a party held for such regular election pursuant to subsections (a) and (b) of this section.
(November, 1955, S. N86; 1957, P.A. 518, S. 31; 1958 Rev., S. 9-114; 1961, P.A. 119; 1963, P.A. 17, S. 57; February, 1965, P.A. 351, S. 1; 1971, P.A. 756, S. 3; P.A. 73-630, S. 16, 19; P.A. 75-348, S. 10, 11; P.A. 87-509, S. 1, 24; P.A. 09-36, S. 1.)
History: 1961 act added provisions re proof of identity on challenge; 1963 act restated previous provisions; 1965 act provided clarifying language in requirement for proof of continued residence both with reference to registry lists and enrollment lists; 1971 act added clarifying language with respect to state-wide primaries or primaries for district office where person has moved within the district, and in both cases has requested continuance; P.A. 73-630 deleted previous amendment; P.A. 75-348 provided for proof “or by such other evidence acceptable to the moderator”, further provided for substitution of “bona fide residence” for the language pertaining to continued residence; P.A. 87-509 divided section into Subsecs. and, in Subsec. (a) added Subdiv. (2), permitting unaffiliated electors to vote in primary of a party if authorized by state rules of such party, and in Subsec. (b), substituted “political subdivision holding the primary” for “voting district” and deleted provision that person not required to prove residence in former voting district or ward when moving from one voting district or ward to another within a municipality; P.A. 09-36 added Subsec. (c) re eligibility of citizen who has not yet attained age eighteen, but who will have attained age eighteen on or before the day of regular election, to vote at party primary, effective May 20, 2009.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1976–2021 · leading case:
Nader v. Schaffer, 417 F. Supp. 837 (D. Conn. 1976).
Nader v. Schaffer, 417 F. Supp. 837 (D. Conn. 1976).
· cites it 17× “2d 274 (1972), and that “No state interest served by Conn.Gen.Stat. § 9-431 is sufficiently compelling to justify depriving plaintiffs of their constitutional rights.”
Tashjian v. Repub. Party of Connecticut, 479 U.S. 208 (1986).
· cites it 6× “Conn. Gen. Stat. § 9-431 (1985). [1] Appellees, who in addition to the Party include the Party's federal officeholders and the Party's state chairman, challenged this eligibility provision on the ground that it deprives the Party of its First Amendment right to enter into…”
Clingman v. Beaver, 544 U.S. 581 (2005).
· cites it 2× “§ 1-3-101 (1) (Lexis 2004); Conn. Gen. Stat. § 9-431 (a) (2005); Del.”
Repub. Party of State of Conn. v. Tashjian, 599 F. Supp. 1228 (D. Conn. 1984).
· cites it 18× “The action challenges the validity of Con-, necticut’s “closed primary law,” Section 9-431 óf the Connecticut General Statutes, which prohibits voters who are not enrolled in a political party from participating in primary elections.”
Arciniega v. Feliciano, 184 A.3d 1202 (Conn. 2018).
· cites it 2× “See General Statutes § 9-431 (b). A person is eligible to be a candidate for a political party's town committee if that person's name appears on the last completed enrollment list of the party in the district within which that person is to be nominated.”
Wrinn v. Dunleavy, 440 A.2d 261 (Conn. 1982).
“Section 9-133a of the general statutes is repealed and the following is substituted ia lieu thereof: “Any elector who is entitled to vote ia a primary of a party under section 9-431 and who is unable to appear at his polling place during the hours of voting at any primary of…”
Campbell v. Bysiewicz, 242 F. Supp. 2d 164 (D. Conn. 2003).
· cites it 2× “Conn. Gen. Stat. §§ 9-431 (c), 9-406. The decision here is seen as preserving and appropriately balancing the associational rights of the party and of its members by protecting members’ ability “to identify those persons with whom they wish to associate” and allowing “them to…”
In Re the Oral Petition of Barkman, 726 A.2d 440 (Pa. Commw. Ct. 1999).
“” They contended that the statute infringed upon their rights to vote, to associate with others in support of a candidate and to enjoy equal protection of the laws.”
Fay v. Merrill, 336 Conn. 432 (Conn. 2021).
“15 General Statutes § 9-372 (11) provides: ‘‘ ‘Primary’ means a meeting of the enrolled members of a political party and, when applicable under section 9-431, unaffiliated electors, held during consecutive hours at which such members or electors may, without assembling at the…”
Fay v. Merrill (Conn. 2021).
“15 General Statutes § 9-372 (11) provides: ‘‘ ‘Primary’ means a meeting of the enrolled members of a political party and, when applicable under section 9-431, unaffiliated electors, held during consecutive hours at which such members or electors may, without assembling at the…”
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