LCO No. 5710 1 of 22
General Assembly Committee Bill No. 820
January Session, 2021
LCO No. 5710
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING A STATE VOTING RIGHTS ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2022) As used in sections 2 to 8, 1
inclusive, of this act: 2
(1) "At-large method of election" means a method of electing 3
candidates to the legislative body of a municipality (A) in which all such 4
candidates are voted upon by all electors of such municipality, (B) in 5
which, for municipalities divided into districts, a candidate for any such 6
district is required to reside in such district and all candidates for all 7
districts are voted upon by all electors of such municipality, or (C) that 8
combines the methods described in subparagraph (A) or (B) of this 9
subdivision with a district-based method of election; 10
(2) "District-based method of election" means a method of electing 11
candidates to the legislative body of a municipality in which, for 12
municipalities divided into districts, a candidate for any such district is 13
required to reside in such district and only the candidates for such 14
district are voted upon by only the electors of such district; 15
LCO No. 5710 2 of 22
(3) "Alternative method of election" means a method of electing 16
candidates to the legislative body of a municipality other than an at-17
large method of election or a district-based method of election; 18
(4) "Legislative body" means the board of alderman, council, board of 19
burgesses, board of education, district committee, association 20
committee or other similar body, as applicable, of a municipality; 21
(5) "Municipality" means any town, city or borough, whether 22
consolidated or unconsolidated, any school district, any district, as 23
defined in section 7-324 of the general statutes or any other district 24
authorized under the general statutes; 25
(6) "Protected class" means a group consisting of members of a race, 26
color or language minority group, as described in Section 203 of the 27
federal Voting Rights Act of 1965, P.L. 89-110, as amended from time to 28
time; and 29
(7) "Racially polarized voting" means voting in which there is a 30
difference between the candidate or electoral choice preferred by 31
protected class electors and the candidate or electoral choice preferred 32
by all other electors. 33
Sec. 2. (NEW) (Effective January 1, 2022) (a) (1) No qualification for 34
eligibility to be an elector or other prerequisite to voting, statute, 35
ordinance, regulation or other law regarding the administration of 36
elections, or any related standard, practice, procedure or policy may be 37
enacted or implemented in a manner that results in the denial or 38
abridgement of the right to vote for any protected class individual. 39
(2) Any impairment of the ability of protected class electors to elect 40
candidates of their choice or otherwise influence the outcome of 41
elections, based on the totality of the circumstances, shall constitute a 42
violation of subdivision (1) of this subsection. 43
(3) In determining whether a violation of subdivision (1) of this 44
subsection has occurred, the superior court for the judicial district in 45
which the municipality is located may consider the extent to which 46
LCO No. 5710 3 of 22
protected class electors (A) have been elected to office in the state or the 47
municipality in which such violation is alleged, and (B) vote at lower 48
rates than all other electors in the state or the municipality in which such 49
violation is alleged. 50
(b) (1) No method of election may have the effect of impairing the 51
ability of protected class electors to elect candidates of their choice or 52
otherwise influence the outcome of elections as a result of abridging the 53
right to vote for such electors or diluting the vote of such electors. 54
(2) (A) The following shall constitute a violation of subdivision (1) of 55
this subsection: 56
(i) Any municipality that employs an at-large method of election and 57
in which (I) voting patterns of protected class electors are racially 58
polarized, or (II) based on the totality of the circumstances, the ability of 59
such electors to elect candidates of their choice or otherwise influence 60
the outcome of elections is impaired; 61
(ii) Any municipality that employs a district-based method of election 62
or an alternative method of election, in which the candidates or electoral 63
choices preferred by protected class electors would usually be defeated 64
and (I) voting patterns of protected class electors are racially polarized, 65
or (II) based on the totality of the circumstances, the ability of such 66
electors to elect candidates of their choice or otherwise influence the 67
outcome of elections is impaired; 68
(B) Any use of race, color, language minority group or any 69
characteristic that serves as a proxy for race, color or language minority 70
group for the purpose of districting or redistricting shall presumptively 71
constitute a violation of subdivision (1) of this subsection, provided a 72
municipality may rebut this presumption by demonstrating that race, 73
color, language minority group or any characteristic that serves as a 74
proxy for race, color or language minority group was so used only to 75
the extent necessary to comply with the provisions of sections 1 to 8, 76
inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 77
as amended from time to time, the Constitution of Connecticut or the 78
LCO No. 5710 4 of 22
Constitution of the United States. 79
(C) In determining whether voting patterns of protected class electors 80
in a municipality are racially polarized or whether candidates or 81
electoral choices preferred by protected class electors would usually be 82
defeated, the superior court for the judicial district in which the 83
municipality is located shall find that (i) elections held prior to the filing 84
of an action pursuant to this section are more probative than elections 85
conducted after such filing, (ii) evidence concerning elections for 86
members of the legislative body of such municipality are more 87
probative than evidence concerning elections for other municipal 88
officials, (iii) statistical evidence is more probative than nonstatistical 89
evidence, (iv) in the case of evidence that two or more protected classes 90
of electors are politically cohesive in such municipality, electors of such 91
protected classes may be combined, (v) evidence concerning the intent 92
of electors, elected officials of such municipality to discriminate against 93
protected class electors is not required, (vi) evidence of explanations for 94
voting patterns and election outcomes other than racially polarized 95
voting, including, but not limited to, partisanship is not to be 96
considered, (vii) evidence that subgroups of protected class electors 97
have different voting patterns is not to be considered, (viii) evidence 98
concerning whether protected class electors are geographically compact 99
or concentrated is not to be considered, but may be used to 100
appropriately remedy such violation, and (ix) evidence concerning 101
projected changes in population or demographics is not to be 102
considered, but may be used to appropriately remedy such violation. 103
(c) (1) In determining whether, based on the totality of the 104
circumstances, the ability of protected class electors to elect candidates 105
of their choice or otherwise influence the outcome of elections is 106
impaired, the superior court for the judicial district in which a 107
municipality is located may consider (A) the history of discrimination 108
in the municipality or state, (B) the extent to which protected class 109
electors have been elected to office in the municipality, (C) the use of 110
any qualification for eligibility to be an elector or other prerequisite to 111
voting, statute, ordinance, regulation or other law regarding the 112
LCO No. 5710 5 of 22
administration of elections, or any related standard, practice, procedure 113
or policy by the municipality that may enhance the dilutive effects of the 114
method of election in such municipality, (D) the denial of access of 115
protected class electors or candidates to election administration or 116
campaign finance processes that determine which candidates will 117
receive access to the ballot or financial or other support in a given 118
election in the municipality, (E) the extent to which protected class 119
individuals in the municipality make expenditures, as defined in section 120
9-601b of the general statutes, at lower rates than all other individuals 121
in such municipality, (F) the extent to which protected class electors in 122
the state or municipality vote at lower rates than all other electors, (G) 123
the extent to which protected class individuals in the municipality are 124
disadvantaged in areas such as education, employment, health, criminal 125
justice, housing, land use or environmental protection, (H) the extent to 126
which protected class individuals in the municipality are disadvantaged 127
in other areas that may hinder their ability to participate effectively in 128
the political process, (I) the use of overt or subtle racial appeals in 129
political campaigns in the municipality, (J) a significant lack of 130
responsiveness by elected officials of the municipality to the 131
particularized needs of protected class individuals, and (K) whether the 132
municipality has a compelling policy justification for employing its 133
particular method of election or its particular ordinance, regulation or 134
other law regarding the administration of elections, or any related 135
standard, practice, procedure or policy. 136
(2) No item for consideration described in subdivision (1) of this 137
subsection shall be dispositive or required for a finding of the existence 138
of racially polarized voting. Evidence of such items concerning the state, 139
private actors or other surrounding municipalities may be considered, 140
but shall be less probative than evidence concerning the municipality 141
itself. 142
(d) Any aggrieved person, any organization whose membership 143
includes or is likely to include aggrieved persons, any organization 144
whose mission would be frustrated by a violation of this section, any 145
organization that would expend resources in order to fulfill such 146
LCO No. 5710 6 of 22
organization's mission as a result of a violation of this section or the 147
Attorney General may file an action pursuant to this section in the 148
superior court for the judicial district in which such municipality is 149
located. 150
(e) (1) Notwithstanding any provision of title 9 of the general statutes, 151
whenever the superior court for the judicial district in which a 152
municipality is located finds a violation of any provision of this section, 153
such court shall order appropriate remedies that are tailored to address 154
such violation in such municipality, including, but not limited to, (A) a 155
district-based method of election, (B) an alternative method of election, 156
(C) new or revised districting or redistricting plans, (D) elimination of 157
staggered elections so that all members of the legislative body are 158
elected at the same time, (E) increasing the size of the legislative body, 159
(F) additional voting hours, (G) additional polling locations, (H) 160
ordering of special elections, (I) requiring expanded opportunities for 161
admission of electors, (J) requiring additional elector education, or (K) 162
the restoration or addition of persons to registry lists. 163
(2) Such court may only order a remedy if such remedy will not 164
diminish the ability of protected class electors to participate in the 165
political process and elect their preferred candidates or otherwise 166
influence the outcome of elections. Such court shall consider remedies 167
proposed by any parties to an action filed pursuant to this section and 168
by other interested persons who are not such parties. In considering a 169
proposed remedy by a municipality, such court shall not give any 170
deference or priority to such remedy. 171
(f) (1) In the case of any proposal for a municipality to enact and 172
implement (A) a new method of election to replace such municipality's 173
at-large method of election with either a district-based method of 174
election or an alternative method of election, or (B) a new districting or 175
redistricting plan, the legislative body of such municipality shall act in 176
accordance with the provisions of subdivision (2) of this subsection if 177
any such proposal was made after the receipt of a notification letter 178
described in subsection (g) of this section or after the filing of a claim 179
LCO No. 5710 7 of 22
pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-180
110, as amended from time to time. 181
(2) (A) Prior to drawing a draft districting or redistricting plan or 182
plans of the proposed boundaries of the districts, the municipality shall 183
hold at least two public hearings, within a period of not more than thirty 184
days of each other, at which members of the public may provide input 185
regarding the composition of such districts. In advance of such hearings, 186
the municipality may conduct outreach to members of the public, 187
including to language minority communities, to explain the districting 188
or redistricting process and to encourage such input. 189
(B) After all such draft districting or redistricting plans are drawn, the 190
municipality shall publish and make available for public dissemination 191
at least one such plan and include the potential sequence of elections in 192
the event the members of the legislative body of such municipality 193
would be elected for staggered terms under such plan. The municipality 194
shall hold at least two public hearings, within a period of not more than 195
forty-five days of each other, at which members of the public may 196
provide input regarding the content of such plan or plans and, if 197
applicable, such potential sequence of elections. Such plan or plans shall 198
be published at least seven days prior to consideration at each such 199
hearing. If such plan or plans are revised at or following any such 200
hearing, the municipality shall publish and make available for public 201
dissemination such revised plan or plans at least seven days prior to any 202
adoption of such revised plan or plans. 203
(C) In determining the sequence of elections in the event the member 204
of the legislative body of such municipality would be elected for 205
staggered terms under any such districting or redistricting plan or 206
plans, such legislative body shall give special consideration to the 207
purposes of the provisions of sections 1 to 8, inclusive, of this act and 208
take into account the preferences expressed by electors in the districts. 209
(g) (1) Prior to filing an action against a municipality pursuant to this 210
section, any party described in subsection (d) of this section shall send 211
by certified mail return receipt requested a notification letter to the clerk 212
LCO No. 5710 8 of 22
of such municipality asserting that such municipality may be in 213
violation of the provisions of sections 1 to 8, inclusive, of this act. 214
(2) (A) No such party may file an action pursuant to this section 215
earlier than fifty days after sending such notification letter to such 216
municipality. 217
(B) Prior to receiving a notification letter, or not later than fifty days 218
after any such notification letter is sent to a municipality, the legislative 219
body of such municipality may pass a resolution (i) affirming such 220
municipality's intention to enact and implement a remedy for a 221
potential violation of the provisions of sections 1 to 8, inclusive, of this 222
act, (ii) setting forth specific measures such municipality will take to 223
facilitate approval and implementation of such a remedy, and (iii) 224
providing a schedule for the enactment and implementation of such a 225
remedy. No party described in subsection (d) of this section may file an 226
action pursuant to this section earlier than ninety days after passage of 227
any such resolution by such legislative body. 228
(C) If, under the laws of the state, the legislative body of a 229
municipality lacks authority to enact or implement a remedy identified 230
in any such resolution within ninety days after the passage of such 231
resolution, or if such municipality is a covered jurisdiction as described 232
in section 5 of this act, such legislative body may take the following 233
measures upon such passage: 234
(i) The municipality shall hold at least one public hearing on any 235
proposal to remedy any potential violation of the provisions of sections 236
1 to 8, inclusive, of this act, at which members of the public may provide 237
input regarding any such proposed remedies. In advance of such 238
hearing, the municipality may conduct outreach to members of the 239
public, including to language minority communities, to encourage such 240
input. 241
(ii) The legislative body of such municipality may approve any such 242
proposed remedy that complies with the provisions of sections 1 to 8, 243
inclusive, of this act and submit such proposed remedy to the Attorney 244
LCO No. 5710 9 of 22
General. 245
(iii) Notwithstanding any provision of title 9 of the general statutes, 246
the Attorney General shall, not later than sixty days after submission of 247
such proposed remedy by such municipality, approve or reject such 248
proposed remedy in accordance with the provisions of this clause. The 249
Attorney General may only approve such proposed remedy if the 250
Attorney General concludes (I) such municipality may be in violation of 251
the provisions of sections 1 to 8, inclusive, of this act, (II) the proposed 252
remedy would address any such potential violation, (III) the proposed 253
remedy is unlikely to violate the Constitution of Connecticut or any 254
federal law, (IV) the proposed remedy will not diminish the ability of 255
protected class electors to participate in the political process and elect 256
their preferred candidates to office, and (V) implementation of the 257
proposed remedy is feasible. 258
(iv) Notwithstanding any provision of title 9 of the general statutes, 259
if the Attorney General approves the proposed remedy, such proposed 260
remedy shall be enacted and implemented immediately. If the 261
municipality is a covered jurisdiction as described in section 5 of this 262
act, such municipality shall not be required to obtain preclearance for 263
such proposed remedy. 264
(v) If the Attorney General denies the proposed remedy, (I) such 265
proposed remedy shall not be enacted or implemented, (II) the Attorney 266
General shall set forth the objections to such proposed remedy and 267
explain the basis for such denial, and (III) the Attorney General may 268
recommend another proposed remedy that he or she would approve. 269
(vi) If the Attorney General does not approve or reject such proposed 270
remedy within sixty days after the submission of such proposed remedy 271
by the municipality, the proposed remedy shall not be enacted or 272
implemented. 273
(D) A municipality that has passed a resolution described in 274
subparagraph (B) of this subdivision may enter into an agreement with 275
any party who sent a notification letter described in subdivision (1) of 276
LCO No. 5710 10 of 22
this subsection providing that such party shall not file an action 277
pursuant to this section earlier than ninety days after entering into such 278
agreement. If such party agrees to so enter into such an agreement, such 279
agreement shall require that the municipality either enact and 280
implement a remedy that complies with the provisions of sections 1 to 281
8, inclusive, of this act or pass such a resolution and submit such 282
resolution to the Attorney General. If such party declines to so enter into 283
such an agreement, such party may file an action pursuant to this section 284
at any time. 285
(E) If, pursuant to the provisions of this subsection, a municipality 286
enacts or implements a remedy or the Attorney General approves a 287
proposed remedy, a party who sent a notification letter described in 288
subdivision (1) of this subsection may, not later than thirty days after 289
such enactment, implementation or approval, submit a claim for 290
reimbursement from such municipality for the costs associated with 291
producing and sending such notification letter. Such party shall submit 292
such claim in writing and substantiate such claim with financial 293
documentation, including a detailed invoice for any demography 294
services or analysis of voting patterns in such municipality. Upon 295
receipt of any such claim, such municipality may request additional 296
financial documentation if that which has been provided by such party 297
is insufficient to substantiate such costs. Such municipality shall 298
reimburse such party for reasonable costs claimed or for an amount to 299
which such party and such municipality agree, except that the 300
cumulative amount of any such reimbursements to all such parties other 301
than the Attorney General shall not exceed forty-three thousand dollars, 302
adjusted in accordance with any change in the consumer price index for 303
all urban consumers as published by the United States Department of 304
Labor, Bureau of Labor Statistics. If any such party and such 305
municipality fail to agree to a reimbursement amount, either such party 306
or such municipality may file an action for a declaratory judgment with 307
the superior court for the judicial district in which such municipality is 308
located for a clarification of rights. 309
(F) (i) Notwithstanding the provisions of this subsection, a party 310
LCO No. 5710 11 of 22
described in subsection (d) of this section may file an action pursuant to 311
this section during the one hundred twenty days prior to a regular 312
election held in a municipality and may seek, through such action, 313
preliminary relief for such regular election. Not later than the filing of 314
such action, such party shall send a notification letter described in 315
subdivision (1) of this subsection to such municipality. In the event any 316
such action is withdrawn or dismissed as being moot as a result of such 317
municipality's enactment or implementation of a remedy, or the 318
approval by the Attorney General of a proposed remedy, any such party 319
may only submit a claim for reimbursement in accordance with the 320
provisions of subparagraph (E) of this subdivision. 321
(ii) In the case of preliminary relief sought by a party described in 322
subsection (d) of this section pursuant to subparagraph (F)(i) of this 323
subdivision, the superior court for the judicial district in which such 324
municipality is located may grant such relief if it is determined that (I) 325
such party is more likely than not to succeed on the merits, and (II) it is 326
possible to implement an appropriate remedy that would resolve the 327
violation alleged under this section for such election. 328
Sec. 3. (NEW) (Effective January 1, 2022) (a) There is established at The 329
University of Connecticut a state-wide database of information 330
necessary to assist the state and any municipality in (1) evaluating 331
whether and to what extent current laws and practices related to 332
election administration are consistent with the provisions of sections 1 333
to 8, inclusive, of this act, (2) implementing best practices in election 334
administration to further the purposes of the provisions of said sections, 335
and (3) investigating any potential infringement upon the right to vote. 336
(b) There shall be a director of the state-wide database who shall be 337
responsible for the operation of such state-wide database. Such director 338
shall be a member of the faculty of The University of Connecticut with 339
doctoral level expertise in demography, statistical analysis and electoral 340
system and shall be appointed by the Governor. Such director may 341
employ such staff as is necessary to implement and maintain such state-342
wide database. 343
LCO No. 5710 12 of 22
(c) The state-wide database shall maintain in electronic format, at a 344
minimum, the following data and records for no fewer than the prior 345
twelve years: 346
(1) Estimates of total population, voting age population and citizen 347
voting age population by race, color and language minority group, 348
broken down annually to the district level for each municipality, based 349
on information from the United States Census Bureau, including from 350
the American Community Survey, or information of comparable quality 351
collected by a similar governmental agency; 352
(2) Election results at the district level for each state-wide election and 353
each election in each municipality; 354
(3) Contemporaneous registry lists and voter history files for each 355
election in each municipality; 356
(4) Contemporaneous maps, descriptions of boundaries and other 357
similar items, whether in paper or electronic format, for each election 358
district; 359
(5) Polling place locations, including, but not limited to, lists of 360
districts associated with such polling locations; 361
(6) Districting or redistricting plans for each election in each 362
municipality; and 363
(7) Any other information the director of the state-wide database 364
deems advisable to maintain in furtherance of the purposes of sections 365
1 to 8, inclusive, of this act. 366
(d) All data, estimates or other information maintained in the state-367
wide database shall be published on the Internet web site of The 368
University of Connecticut and made available to members of the public 369
at no cost, provided no such data, estimate or other information may 370
identify any individual elector. 371
(e) Any estimate concerning race, color or language minority group 372
LCO No. 5710 13 of 22
prepared pursuant to this section shall be so prepared using the most 373
advanced, peer-reviewed and validated methodologies. 374
(f) Not later than February 28, 2022, and every third year thereafter, 375
the director of the state-wide database shall publish on the Internet web 376
site of The University of Connecticut (1) a list of each municipality 377
required under section 4 of this act to provide assistance to members of 378
language minority groups, and (2) each language in which such 379
municipalities are so required to provide such assistance. The director 380
shall also submit such information to the Secretary of the State, who 381
shall distribute such information to each municipality. 382
(g) Upon the certification of election results and the completion of the 383
voter history file after each election, each municipality shall transmit, in 384
electronic format, copies of (1) such election results at the district level, 385
(2) contemporaneous registry lists, (3) voter history files, (4) maps, 386
descriptions of boundaries and other similar items, and (5) lists of 387
polling place locations and lists, descriptions or other information for 388
each district associated with any such polling place location. 389
(h) The director of the state-wide database and the staff employed 390
thereby may provide nonpartisan technical assistance to municipalities, 391
researchers and members of the public seeking to use the resources of 392
the state-wide database. 393
(i) In any action filed pursuant to section 2 of this act, there shall be a 394
rebuttable presumption that the data, estimates or other information 395
maintained by the state-wide database is valid. 396
Sec. 4. (NEW) (Effective January 1, 2022) (a) A municipality shall 397
provide language-related assistance in voting and elections to a 398
language minority group in such municipality if the director of the state-399
wide database determines, based on information from the American 400
Community Survey that: 401
(1) More than two per cent of the citizens of voting age of such 402
municipality are members of a single language minority group and 403
LCO No. 5710 14 of 22
speak English "less than very well" according to said survey; 404
(2) More than four thousand of the citizens of voting age of such 405
municipality are members of a single language minority group and 406
speak English "less than very well" according to said survey; or 407
(3) In the case of a municipality that contains any portion of a Native 408
American reservation, more than two per cent of the Native American 409
citizens of voting age on such Native American reservation are members 410
of a single language minority group and speak English "less than very 411
well" according to said survey. As used in this subdivision, "Native 412
American" includes any person recognized by the United States Census 413
Bureau as "American Indian". 414
(b) Whenever the director of the state-wide database determines that 415
a municipality is required to provide language assistance to a particular 416
protected class, such municipality shall provide voting materials (1) in 417
English, and (2) in the language of each such protected class of an equal 418
quality to the corresponding English materials, including registration or 419
voting notices, forms, instructions, assistance, ballots or other materials 420
or information relating to the electoral process, except that in the case of 421
a protected class where the language of such protected class is oral or 422
unwritten, including historically unwritten as may be the case for some 423
Native Americans, such municipality may only provide oral 424
instructions, assistance or other information relating to the electoral 425
process to such protected class. 426
(c) In the case of any municipality described in this section, which 427
municipality seeks to only provide English materials despite a 428
determination by the director of the state-wide database under this 429
section that such municipality is required to provide language 430
assistance to a particular protected class, such municipality may file an 431
action for a declaratory judgment in the superior court for the judicial 432
district in which such municipality is located for permission to only 433
provide English materials. Such court shall enter such declaratory 434
judgment in the municipality's favor if such court finds that such 435
director's determination was unreasonable or an abuse of discretion. 436
LCO No. 5710 15 of 22
Sec. 5. (NEW) (Effective January 1, 2023) (a) The enactment or 437
implementation of a covered policy, as described in subsection (b) of this 438
section, by a covered jurisdiction, as described in subsection (c) of this 439
section, shall be subject to preclearance by the Attorney General or the 440
superior court for the judicial district in which such covered jurisdiction 441
is located. 442
(b) A covered policy includes any new or modified qualification for 443
admission as an elector, prerequisite to voting, statute, ordinance, 444
regulation, standard, practice, procedure or policy concerning: 445
(1) Districting or redistricting; 446
(2) Method of election; 447
(3) Form of government; 448
(4) Annexation, incorporation, dissolution, consolidation or division 449
of a municipality; 450
(5) Removal of individuals from registry lists or enrollment lists and 451
other activities concerning any such list; 452
(6) Admission of electors; 453
(7) Number, location or hours of any polling place; 454
(8) Assignment of districts to polling place locations; 455
(9) Assistance offered to protected class individuals; or 456
(10) Any additional subject matter the Attorney General may identify 457
for inclusion in this subsection, pursuant to a regulation adopted by the 458
Attorney General in accordance with the provisions of chapter 54 of the 459
general statutes, if the Attorney General determines that any 460
qualification for admission as an elector, prerequisite to voting, statute, 461
ordinance, regulation, standard, practice, procedure or policy 462
concerning such subject matter may have the effect of denying or 463
abridging the right to vote of any protected class elector. 464
LCO No. 5710 16 of 22
(c) A covered jurisdiction includes: 465
(1) Any municipality that, within the prior twenty-five years, has 466
been subject to any court order or government enforcement action based 467
upon a finding of any violation of the provisions of sections 1 to 8, 468
inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 469
as amended from time to time, any state or federal civil rights law, the 470
fifteenth amendment to the United States Constitution or the fourteenth 471
amendment to the United States Constitution concerning the right to 472
vote or discrimination against any protected class; 473
(2) Any municipality that, within the prior five years, has failed to 474
comply with such municipality's obligations to provide data or 475
information to the state-wide database pursuant to section 3 of this act; 476
(3) Any municipality in which during the prior ten years, based on 477
data from criminal justice information systems, as defined in section 54-478
142q of the general statutes, the combined misdemeanor and felony 479
arrest rate of any protected class consisting of at least one thousand 480
citizens of voting age, or whose members comprise at least ten per cent 481
of the citizen voting age population of such municipality, exceeds the 482
arrest rate of the entire citizen voting age population of such 483
municipality by at least twenty per cent; or 484
(4) Any municipality in which during the prior ten years, based on 485
data from the United States Census Bureau, the dissimilarity index of 486
any protected class consisting of at least two thousand five hundred 487
citizens of voting age, or whose members comprise at least ten per cent 488
of the citizen voting age population of such municipality, exceeds fifty 489
per cent with respect to white, non-Hispanic, citizens of voting age 490
within such municipality. 491
(d) (1) A covered jurisdiction may submit, in writing, to the Attorney 492
General any covered policy it seeks to adopt or implement and may 493
obtain therefrom preclearance to so adopt and implement such covered 494
policy in accordance with the provisions of this subsection. 495
LCO No. 5710 17 of 22
(2) When the Attorney General receives any such submission of a 496
covered policy: 497
(A) In the case of any covered policy concerning the location of 498
polling places, the Attorney General shall grant or deny preclearance 499
not later than thirty days after such receipt, except that if the Attorney 500
General grants such preclearance the Attorney General may do so 501
preliminarily and reserve the right to subsequently deny such 502
preclearance not later than sixty days after such receipt; and 503
(B) In the case of any other covered policy, the Attorney General shall 504
grant or deny such preclearance not later than sixty days after such 505
receipt, except that in the case of any such covered policy described in 506
this subparagraph that concerns the implementation of a district-based 507
method of election or an alternative method of election, districting or 508
redistricting plans or a change to a municipality's form of government, 509
the Attorney General may extend, up to two times, and by ninety days 510
each such time, the time by which to grant or deny such preclearance. 511
(3) Prior to granting or denying such preclearance, the Attorney 512
General shall publish notice of the proceedings for making such 513
determination and shall provide an opportunity for any interested party 514
to submit written comments concerning the covered policy and such 515
determination. 516
(4) The Attorney General may grant preclearance to a covered policy 517
only if it is determined that such covered policy will not diminish the 518
ability of protected class electors to participate in the electoral process 519
or elect their preferred candidates, and upon such grant the covered 520
jurisdiction may enact and implement such covered policy. 521
(5) (A) If the Attorney General denies preclearance to a covered 522
policy, (i) such covered policy shall not be enacted or implemented, and 523
(ii) the Attorney General shall set forth the objections to such covered 524
policy and explain the basis for such denial. 525
(B) Any denial under subparagraph (A) of this subdivision may be 526
LCO No. 5710 18 of 22
appealed, in accordance with the provisions of chapter 54 of the general 527
statutes, to the superior court for the judicial district in which the 528
covered jurisdiction is located. Any such appeal shall be privileged with 529
respect to assignment for trial. 530
(6) If the Attorney General does not grant or deny such preclearance 531
within the applicable time specified in subdivision (2) of this subsection, 532
such covered policy shall be deemed precleared and the covered 533
jurisdiction may enact and implement such covered policy. 534
(e) (1) A covered jurisdiction may submit, in writing, to the superior 535
court for the judicial district in which such covered jurisdiction is 536
located any covered policy it seeks to adopt or implement and may 537
obtain therefrom preclearance to so adopt and implement such covered 538
policy in accordance with the provisions of this subsection, provided (A) 539
such covered jurisdiction shall also contemporaneously provide to the 540
Attorney General a copy of such submission, and (B) failure to so 541
provide such copy shall result in an automatic denial of such 542
preclearance. 543
(2) Except as provided in subparagraph (B) of subdivision (1) of this 544
subsection, when such court receives any such submission of a covered 545
policy, such court shall grant or deny such preclearance not later than 546
sixty days after such receipt. 547
(3) Such court may grant preclearance to a covered policy only if it is 548
determined that such covered policy will not diminish the ability of 549
protected class electors to participate in the electoral process or elect 550
their preferred candidates, and upon such grant the covered jurisdiction 551
may enact and implement such covered policy. 552
(4) (A) If such court denies preclearance to a covered policy, or does 553
not grant or deny such preclearance within sixty days, such covered 554
policy shall not be enacted or implemented. 555
(B) Any denial under subparagraph (A) of this subdivision may be 556
appealed in accordance with the ordinary rules of appellate procedure. 557
LCO No. 5710 19 of 22
Any such appeal shall be privileged with respect to assignment for 558
appeal. 559
(f) If any covered jurisdiction enacts or implements any covered 560
policy without obtaining preclearance for such covered policy in 561
accordance with the provisions of this section, the Attorney General or 562
any party described in subsection (d) of section 2 of this act may file an 563
action in the superior court for the judicial district in which such covered 564
jurisdiction is located to enjoin such enactment or implementation and 565
seek sanctions against such covered jurisdiction for violations of this 566
section. 567
(g) (1) For a period of one hundred twenty days after the effective 568
date of this section, the Attorney General may, in accordance with the 569
provisions of subdivision (2) of this subsection, conduct a look-back 570
review and deny preclearance to any covered policy that was previously 571
enacted by a covered jurisdiction. 572
(2) (A) The Attorney General may only initiate a look-back review of 573
any covered policy that was enacted or implemented by a covered 574
jurisdiction on or after January 1, 2022, and prior to January 1, 2023. 575
(B) A look-back review is initiated when the Attorney General 576
provides notice to a covered jurisdiction of the Attorney General's 577
decision to review a covered policy enacted or implemented by such 578
covered jurisdiction. Such covered jurisdiction shall submit, in writing, 579
such covered policy not later than thirty days after receipt of such notice. 580
(C) Not later than ninety days after such submission, the Attorney 581
General shall decide whether such covered jurisdiction may further 582
implement such covered policy. Prior to making such decision, the 583
Attorney General shall publish notice of the proceedings for making 584
such decision and shall provide an opportunity for any interested party 585
to submit written comments concerning the covered policy and such 586
decision. 587
(D) (i) The Attorney General shall deny further implementation of 588
LCO No. 5710 20 of 22
such covered policy if it is determined that such covered policy is likely 589
to diminish the ability of protected class electors to participate in the 590
political process or elect their preferred candidates. For any such denial, 591
the Attorney General shall set forth the objections to such covered policy 592
and explain the basis for such denial. No such denial may provide a 593
basis for the invalidation of any election held under such covered policy. 594
(ii) Any denial under subparagraph (D)(i) of this subdivision may be 595
appealed, in accordance with the provisions of chapter 54 of the general 596
statutes, to the superior court for the judicial district in which the 597
covered jurisdiction is located. Any such appeal shall be privileged with 598
respect to assignment for trial. 599
(E) The Attorney General may adopt regulations, in accordance with 600
the provisions of chapter 54 of the general statutes, to effectuate the 601
purposes of this section. 602
Sec. 6. (NEW) (Effective January 1, 2022) (a) No person, whether acting 603
under color of law or otherwise, may engage in acts of intimidation, 604
deception or obstruction that affect the right of electors to exercise their 605
electoral privileges. 606
(b) The following shall constitute a violation of subsection (a) of this 607
section: 608
(1) Any person who uses or threatens to use any force, violence, 609
restraint, abduction or duress, who inflicts or threatens to inflict any 610
injury, damage, harm or loss, or who in any other manner practices 611
intimidation that causes or will reasonably have the effect of causing 612
any elector to (A) vote or refrain from voting in general, (B) vote for or 613
against any particular candidate or question, (C) apply or not apply for 614
admission as an elector, or (D) apply or not apply for an absentee ballot; 615
(2) Any person who uses any deceptive or fraudulent device, 616
contrivance or communication that impedes, prevents or otherwise 617
interferes with the electoral privileges of any elector or that causes or 618
will reasonably have the effect of causing any elector to (A) vote or 619
LCO No. 5710 21 of 22
refrain from voting in general, (B) vote for or against any particular 620
candidate or question, (C) apply or not apply for admission as an 621
elector, or (D) apply or not apply for an absentee ballot; or 622
(3) Any person who obstructs, impedes or otherwise interferes with 623
access to any polling place or office of any election official or who 624
obstructs, impedes or otherwise interferes with any elector in any 625
manner that causes or will reasonably have the effect of causing any 626
delay in voting or the voting process, including the canvassing or 627
tabulation of ballots. 628
(c) Any aggrieved person, any organization whose membership 629
includes or is likely to include aggrieved persons, any organization 630
whose mission would be frustrated by a violation of this section, any 631
organization that would expend resources in order to fulfill such 632
organization's mission as a result of a violation of this section or the 633
Attorney General may file an action pursuant to this section in the 634
superior court for the judicial district in which such violation occurred. 635
(d) (1) Notwithstanding any provision of title 9 of the general statutes, 636
whenever such court finds a violation of any provision of this section, 637
such court shall order appropriate remedies that are tailored to address 638
such violation, including, but not limited to, providing for additional 639
time to vote at an election, primary or referendum. 640
(2) Any person who violates the provisions of this section, or who 641
aids in the violation of any of such provisions, shall be liable for any 642
damages awarded by such court, including, but not limited to, nominal 643
damages for any such violation and compensatory or punitive damages 644
for any such wilful violation. 645
Sec. 7. (NEW) (Effective January 1, 2022) In any action or investigation 646
to enforce the provisions of sections 1 to 6, inclusive, of this act, the 647
Attorney General may examine witnesses, receive oral and 648
documentary evidence, determine material facts and issue subpoenas in 649
accordance with the ordinary rules of civil procedure. 650
LCO No. 5710 22 of 22
Sec. 8. (NEW) (Effective January 1, 2022) In any action to enforce the 651
provisions of sections 1 to 6, inclusive, of this act, the court may award 652
reasonable attorneys' fees and litigation costs, including, but not limited 653
to, expert witness fees and expenses, to the party that filed such action, 654
other than the state or any municipality, and that prevailed in such 655
action. In the case of a party against whom such action was filed and 656
who prevailed in such action, the court shall not award such party any 657
costs unless such court finds such action to be frivolous, unreasonable 658
or without foundation. 659
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2022 New section
Sec. 2 January 1, 2022 New section
Sec. 3 January 1, 2022 New section
Sec. 4 January 1, 2022 New section
Sec. 5 January 1, 2023 New section
Sec. 6 January 1, 2022 New section
Sec. 7 January 1, 2022 New section
Sec. 8 January 1, 2022 New section
Statement of Purpose:
To afford mechanisms for the challenge of certain election
administration laws, practices or procedures that may impair the
electoral rights of certain protected classes of individuals.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: SEN. LESSER, 9th Dist.
S.B. 820