Could Connecticut's election chief rule on a party name and petition signatures after staff reversed its advice?

Plain-English summary

In 2006, Connecticut's Secretary of the State asked whether she could rule on the proposed "Independent Party" designation and on petition signatures gathered under an "Independent Party CT" name after her office rescinded earlier advice. Attorney General Richard Blumenthal answered the authority question yes. As Commissioner of Elections, the Secretary could issue rulings and instructions interpreting election law, including party designations and petitions.

The AG did not decide that the party name had to be approved or the signatures accepted. He said the Secretary could consider harm caused by reliance on her office's earlier advice and should use clear, consistent standards aimed at avoiding voter confusion.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Election officials at the time

The opinion confirmed the Secretary's power to issue a ruling on both questions. It left the actual decisions to her and pointed to the effect of rescinded advice and the need for consistent party-name standards.

Petition organizers and candidates at the time

The AG recognized that people may have gathered signatures in reliance on advice later withdrawn. He said the Secretary could consider that reliance in deciding whether to remedy possible harm. The opinion itself did not validate the signatures.

Common questions

Q: Did the AG approve the Independent Party name in this opinion?
A: No. He said the Secretary of the State had authority to decide the proposed designation, but did not make that decision himself.

Q: Did the AG order acceptance of the petition signatures?
A: No. He said the Secretary could consider reliance on her office's earlier advice and had power to address resulting harm.

Background and statutory framework

The Secretary faced two election questions tied to a proposed gubernatorial candidacy: a party designation and signatures collected under an earlier name. Conn. Gen. Stat. § 9-3 authorized her to issue rulings, instructions and opinions on election law, and the AG said those decisions were presumed correct. He also pointed to Conn. Gen. Stat. § 9-453u and its concern with voter confusion in party names.

Citations and references

Statutes cited in the opinion: Conn. Gen. Stat. § 9-3; Conn. Gen. Stat. § 9-453u.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/2006-formal-opinions/honorable-susan-bysiewicz-secretary-of-the-state-formal-opinion-2006015-attorney-general-state-of-co

Original opinion text

Honorable Susan Bysiewicz, Secretary of the State, Formal Opinion 2006-015, Attorney General State of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

July 12, 2006

The Honorable Susan Bysiewicz

Secretary of the State

30 Trinity Street

Hartford, CT 06106

Dear Secretary Bysiewicz:

You ask for our opinion on whether you may issue rulings on two issues that have been presented to you: (1) whether to approve the party designation "Independent Party" proposed by the Independent Party of Waterbury in connection with an anticipated gubernatorial candidacy, and (2) whether to accept 2,000 petition signatures gathered by the Independent Party of Waterbury under the name "Independent Party CT" in reliance on advice from your office, which advice your office later rescinded.

Under Conn. Gen. Stat. § 9-3, the Secretary of the State ("the Secretary"), as Commissioner of Elections, has authority to issue "declaratory rulings, instructions and opinions" relating to the "interpretation and effectuation of election law", including the law governing reservation of party designations. See Conn. Gen. Stat. § 9-3. Section 9-3 of the General Statutes also provides that the Secretary's rulings and opinions regarding election law are presumed correct. Id. Thus, as Commissioner of Elections, you have the statutory authority to answer the questions presented to you.

In exercising your authority and discretion to issue rulings and instructions under Conn. Gen. Stat. § 9-3, there are two additional factors that you may wish to consider in determining the appropriate ruling.

First, with regard to the acceptance of signatures, you may consider the effect of prior advice from your office, now rescinded, upon which one or more persons may have relied to their detriment in gathering petition signatures. As Commissioner of Elections, you have authority to issue rulings and instructions necessary to remedy possible harm -- such as the potential disapproval of 2000 petition signatures -- flowing from reliance on advice subsequently determined to be erroneous.

Second, in deciding how to advise parties with regard to reservation of party designations, you should develop clear and consistent standards to further the intent of Conn. Gen. Stat. § 9-453u, which, at least in relevant part, is the avoidance of voter confusion.

I hope this answers your questions. Please do not hesitate to contact me if I may be of further assistance on this or any other matters.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL