SB 393

Substitute Senate Bill No. 393
  Public Act No. 26-86
AN ACT CONCERNING SPECIAL ELECTIONS TO FILL VACANCIES
DUE TO THE DEATH OF CERTAIN ELECTED OFFICIALS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
   Section 1. Subsection (a) of section 9-211 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
   (a) In case of a vacancy in the office of senator in Congress, the
Governor, except as otherwise provided by federal or state law, shall,
not more than ten days after the occurrence of such vacancy, issue writs
of election directed to the town clerks or assistant town clerks ordering
an election to be held on the one hundred fiftieth day after the issue of
such writs on a day, other than a Saturday or Sunday, to fill such
vacancy for the remaining portion of the term vacated, provided (1)
except as provided in subdivisions (2), (3) and (4) of this subsection, if
such a vacancy occurs due to the death of the senator in Congress, the
Governor shall issue such writs not less than seven days after such
occurrence and not more than seventeen days after such occurrence, (2)
except as provided in subdivisions [(2) and (3)] (3) and (4) of this
subsection, if such a vacancy occurs between the one hundred twenty-
fifth day and the sixty-third day before the day of a regular state or
municipal election in November of any year, the Governor shall so issue
  Substitute Senate Bill No. 393
such writs that order an election to be held on the day of such regular
election, [(2)] (3) except as provided in subdivision [(3)] (4) of this
subsection, if such vacancy occurs after the municipal election in the
year preceding the last year of the term of a senator or in the last year of
the term of a senator, the Governor shall nominate a person to fill such
vacancy and such nomination shall be filed with both the clerk of the
Senate and the clerk of the House of Representatives. Approval of such
nomination shall require an affirmative vote of two-thirds of the
membership of each chamber of the General Assembly, or [(3)] (4) if
such a vacancy occurs in the year of a state election and not more than
sixty-two days prior to such election, and the office of senator in
Congress for which the vacancy exists will be on the ballot during such
election, the Governor shall not issue such writs and no election shall be
held under this section. If the position vacated is that of member-elect,
the Governor shall so issue writs and an election shall be held as
provided in this section.
   Sec. 2. Subsection (a) of section 9-212 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
   (a) In case of a vacancy in the office of representative in Congress
from any district, the Governor, except as otherwise provided by law,
shall not more than ten days after the occurrence of such vacancy issue
writs of election directed to the town clerks or assistant town clerks, in
such district, ordering an election to be held on the sixtieth day after the
issue of such writs on a day, other than a Saturday or Sunday, to fill such
vacancy, provided (1) except as provided in subdivisions (2), (3) and (4)
of this subsection, if such a vacancy occurs due to the death of the
representative in Congress, the Governor shall issue such writs not less
than seven days after such occurrence and not more than seventeen days
after such occurrence, (2) if such a vacancy occurs between the one
hundred twenty-fifth day and the sixty-third day before the day of a
Public Act No. 26-86  2 of 5
  Substitute Senate Bill No. 393
regular state or municipal election in November of any year, the
Governor shall so issue such writs on the sixtieth day before the day of
such regular election, ordering an election to be held on the day of such
regular election, [(2)] (3) if such a vacancy occurs after the sixty-third
day before the day of a regular state election but before the regular state
election, the Governor shall not issue such writs and no election shall be
held under this section, unless the position vacated is that of member-
elect, in which case the Governor shall issue such writs and an election
shall be held as provided in this section, and [(3)] (4) if a primary for
such office occurs pursuant to subdivision (3) of subsection (b) of section
9-450, the Governor shall, within ten days following the filing of a
candidacy for nomination by a person other than the party-endorsed
candidate, issue new writs of election, in place of those first issued
pursuant to this section.
   Sec. 3. Subsection (b) of section 9-215 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
   (b) [When any such vacancy occurs, except as provided in this
section] Except as otherwise provided in this section, not later than ten
days after the occurrence of any such vacancy, or not earlier than seven
days and not later than seventeen days after such occurrence if due to
the death of the member or member-elect, the Governor shall [, within
ten days after its occurrence,] issue writs of election, directed to the town
clerks or assistant town clerks in the several towns in the district in
which the vacancy exists, ordering an election to be held therein on the
forty-sixth day after the issue of such writs to fill such vacancy, and
cause them to be conveyed to such town clerks or assistant town clerks.
No such election shall be held on a Saturday or Sunday. If such a
vacancy occurs between the one hundred twenty-fifth day and the forty-
ninth day before the day of a regular state or municipal election in
November of any year, the Governor shall so issue such writs on the
Public Act No. 26-86  3 of 5
  Substitute Senate Bill No. 393
forty-sixth day before the day of such regular election, ordering an
election to be held on the day of such regular election. If such a vacancy
occurs after the forty-ninth day before the day of a regular state election
but before the Wednesday following the first Monday of January of the
next-succeeding year, the Governor shall not issue such writs and no
election shall be held under this section, unless the position vacated is
that of member-elect, in which case the Governor shall issue such writs
and an election shall be held as provided in this section.
   Sec. 4. Section 9-218 of the 2026 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
   [When] Except as otherwise provided in this section, when there is
no election of probate judge in any district by reason of two or more
having an equal and the highest number of votes, or when a new
probate district is created and no provision made for the election of a
judge thereof, or whenever it is shown to the Governor that a vacancy is
about to exist in said office by reason of the resignation of the incumbent
to take effect at a future time or by reason of constitutional limitation, or
when there is a vacancy in said office, the Governor may issue writs of
election directed to the town clerk or clerks or assistant town clerk or
clerks within such district, ordering an election to be held on a day
named therein, other than a Saturday or Sunday, to fill such vacancy or
impending vacancy, and cause such writs to be conveyed to such clerk
or clerks. If such a vacancy occurs due to the death of the probate judge,
the Governor shall issue such writs not less than seven days after such
occurrence. On receiving such writs, such clerk or clerks shall warn
elections to be held on the day appointed in such writs, in the same
manner as state elections are warned. Such elections shall be organized
and conducted, and the vote shall be declared and returns made,
certified, directed, deposited and transmitted, in the same manner as at
a state election. The Secretary of the State, Treasurer and Comptroller
Public Act No. 26-86  4 of 5
  Substitute Senate Bill No. 393
shall, within thirty days after any such election, count and declare the
votes so returned, and notice shall be given to the person declared
elected, in the same manner as is provided in the election of probate
judges at state elections. The Secretary of the State shall enter the returns
in tabular form in books kept by him for that purpose and present a copy
of the same, with the name of, and the total number of votes received
by, each of the candidates for said office, to the Governor within ten
days thereafter. The Probate Court Administrator shall cite a probate
judge to act as a judge in the district during any vacancy in said office
in accordance with section 45a-120.
 Governor's Action:
 Approved June 4, 2026
Public Act No. 26-86  5 of 5