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Connecticut Senate Bill SB00820

Connecticut 2021 Regular Session

Connecticut Senate Bill SB00820 Compare Versions

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7-General Assembly Substitute Bill No. 820
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5+LCO No. 5710 1 of 22
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7+General Assembly Committee Bill No. 820
88 January Session, 2021
9+LCO No. 5710
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11+
12+Referred to Committee on GOVERNMENT ADMINISTRATION
13+AND ELECTIONS
14+
15+
16+Introduced by:
17+(GAE)
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1019
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1221 AN ACT CONCERNING A STATE VOTING RIGHTS ACT.
1322 Be it enacted by the Senate and House of Representatives in General
1423 Assembly convened:
1524
16-Section 1. (NEW) (Effective January 1, 2022) As used in this section and 1
17-sections 2 to 8, inclusive, of this act: 2
25+Section 1. (NEW) (Effective January 1, 2022) As used in sections 2 to 8, 1
26+inclusive, of this act: 2
1827 (1) "At-large method of election" means a method of electing 3
1928 candidates to the legislative body of a municipality (A) in which all such 4
2029 candidates are voted upon by all electors of such municipality, (B) in 5
2130 which, for municipalities divided into districts, a candidate for any such 6
2231 district is required to reside in such district and all candidates for all 7
2332 districts are voted upon by all electors of such municipality, or (C) that 8
2433 combines the methods described in subparagraph (A) or (B) of this 9
2534 subdivision with a district-based method of election; 10
2635 (2) "District-based method of election" means a method of electing 11
2736 candidates to the legislative body of a municipality in which, for 12
2837 municipalities divided into districts, a candidate for any such district is 13
29-required to reside in such district and candidates for such district are 14
30-voted upon by only the electors of such district; 15
38+required to reside in such district and only the candidates for such 14
39+district are voted upon by only the electors of such district; 15
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3142 (3) "Alternative method of election" means a method of electing 16
3243 candidates to the legislative body of a municipality other than an at-17
33-large method of election or a district-based method of election; 18 Substitute Bill No. 820
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44+large method of election or a district-based method of election; 18
4045 (4) "Legislative body" means the board of alderman, council, board of 19
4146 burgesses, board of education, district committee, association 20
4247 committee or other similar body, as applicable, of a municipality; 21
4348 (5) "Municipality" means any town, city or borough, whether 22
4449 consolidated or unconsolidated, any school district, any district, as 23
4550 defined in section 7-324 of the general statutes or any other district 24
4651 authorized under the general statutes; 25
4752 (6) "Protected class" means a group consisting of members of a race, 26
4853 color or language minority group, as described in Section 203 of the 27
4954 federal Voting Rights Act of 1965, P.L. 89-110, as amended from time to 28
5055 time; and 29
5156 (7) "Racially polarized voting" means voting in which there is a 30
5257 difference between the candidate or electoral choice preferred by 31
5358 protected class electors and the candidate or electoral choice preferred 32
5459 by all other electors. 33
5560 Sec. 2. (NEW) (Effective January 1, 2022) (a) (1) No qualification for 34
5661 eligibility to be an elector or other prerequisite to voting, statute, 35
5762 ordinance, regulation or other law regarding the administration of 36
5863 elections, or any related standard, practice, procedure or policy may be 37
5964 enacted or implemented in a manner that results in the denial or 38
6065 abridgement of the right to vote for any protected class individual. 39
6166 (2) Any impairment of the ability of protected class electors to elect 40
6267 candidates of their choice or otherwise influence the outcome of 41
6368 elections, based on the totality of the circumstances, shall constitute a 42
6469 violation of subdivision (1) of this subsection. 43
6570 (3) In determining whether a violation of subdivision (1) of this 44
6671 subsection has occurred, the superior court for the judicial district in 45
6772 which the municipality is located may consider the extent to which 46
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6875 protected class electors (A) have been elected to office in the state or the 47
6976 municipality in which such violation is alleged, and (B) vote at lower 48
70-rates than all other electors in the state or the municipality in which such 49 Substitute Bill No. 820
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77+rates than all other electors in the state or the municipality in which such 49
7778 violation is alleged. 50
7879 (b) (1) No method of election may have the effect of impairing the 51
7980 ability of protected class electors to elect candidates of their choice or 52
8081 otherwise influence the outcome of elections as a result of abridging the 53
8182 right to vote for such electors or diluting the vote of such electors. 54
8283 (2) (A) The following shall constitute a violation of subdivision (1) of 55
8384 this subsection: 56
8485 (i) Any municipality that employs an at-large method of election and 57
8586 in which (I) voting patterns of protected class electors are racially 58
8687 polarized, or (II) based on the totality of the circumstances, the ability of 59
8788 such electors to elect candidates of their choice or otherwise influence 60
8889 the outcome of elections is impaired; 61
8990 (ii) Any municipality that employs a district-based method of election 62
9091 or an alternative method of election, in which the candidates or electoral 63
9192 choices preferred by protected class electors would usually be defeated 64
9293 and (I) voting patterns of protected class electors are racially polarized, 65
9394 or (II) based on the totality of the circumstances, the ability of such 66
9495 electors to elect candidates of their choice or otherwise influence the 67
9596 outcome of elections is impaired; 68
9697 (B) Any use of race, color, language minority group or any 69
9798 characteristic that serves as a proxy for race, color or language minority 70
9899 group for the purpose of districting or redistricting shall presumptively 71
99100 constitute a violation of subdivision (1) of this subsection, provided a 72
100101 municipality may rebut this presumption by demonstrating that race, 73
101102 color, language minority group or any characteristic that serves as a 74
102103 proxy for race, color or language minority group was so used only to 75
103104 the extent necessary to comply with the provisions of sections 1 to 8, 76
104105 inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 77
105106 as amended from time to time, the Constitution of Connecticut or the 78
107+LCO No. 5710 4 of 22
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106109 Constitution of the United States. 79
107-(C) In determining whether voting patterns of protected class electors 80 Substitute Bill No. 820
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110+(C) In determining whether voting patterns of protected class electors 80
114111 in a municipality are racially polarized or whether candidates or 81
115112 electoral choices preferred by protected class electors would usually be 82
116113 defeated, the superior court for the judicial district in which the 83
117114 municipality is located shall find that (i) elections held prior to the filing 84
118115 of an action pursuant to this section are more probative than elections 85
119116 conducted after such filing, (ii) evidence concerning elections for 86
120117 members of the legislative body of such municipality are more 87
121118 probative than evidence concerning elections for other municipal 88
122119 officials, (iii) statistical evidence is more probative than nonstatistical 89
123120 evidence, (iv) in the case of evidence that two or more protected classes 90
124121 of electors are politically cohesive in such municipality, electors of such 91
125122 protected classes may be combined, (v) evidence concerning the intent 92
126-of electors, elected officials or such municipality to discriminate against 93
123+of electors, elected officials of such municipality to discriminate against 93
127124 protected class electors is not required, (vi) evidence of explanations for 94
128125 voting patterns and election outcomes other than racially polarized 95
129-voting, including, but not limited to, partisanship, is not to be 96
126+voting, including, but not limited to, partisanship is not to be 96
130127 considered, (vii) evidence that subgroups of protected class electors 97
131128 have different voting patterns is not to be considered, (viii) evidence 98
132129 concerning whether protected class electors are geographically compact 99
133130 or concentrated is not to be considered, but may be used to 100
134131 appropriately remedy such violation, and (ix) evidence concerning 101
135132 projected changes in population or demographics is not to be 102
136133 considered, but may be used to appropriately remedy such violation. 103
137134 (c) (1) In determining whether, based on the totality of the 104
138135 circumstances, the ability of protected class electors to elect candidates 105
139136 of their choice or otherwise influence the outcome of elections is 106
140137 impaired, the superior court for the judicial district in which a 107
141138 municipality is located may consider (A) the history of discrimination 108
142139 in the municipality or state, (B) the extent to which protected class 109
143140 electors have been elected to office in the municipality, (C) the use of 110
144141 any qualification for eligibility to be an elector or other prerequisite to 111
145142 voting, statute, ordinance, regulation or other law regarding the 112
143+LCO No. 5710 5 of 22
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146145 administration of elections, or any related standard, practice, procedure 113
147-or policy, by the municipality that may enhance the dilutive effects of 114 Substitute Bill No. 820
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154-the method of election in such municipality, (D) the denial of access of 115
146+or policy by the municipality that may enhance the dilutive effects of the 114
147+method of election in such municipality, (D) the denial of access of 115
155148 protected class electors or candidates to election administration or 116
156149 campaign finance processes that determine which candidates will 117
157150 receive access to the ballot or financial or other support in a given 118
158151 election in the municipality, (E) the extent to which protected class 119
159152 individuals in the municipality make expenditures, as defined in section 120
160153 9-601b of the general statutes, at lower rates than all other individuals 121
161154 in such municipality, (F) the extent to which protected class electors in 122
162-the municipality or state vote at lower rates than all other electors in the 123
163-municipality or state, as applicable, (G) the extent to which protected 124
164-class individuals in the municipality are disadvantaged in areas such as 125
165-education, employment, health, criminal justice, housing, land use or 126
166-environmental protection, (H) the extent to which protected class 127
167-individuals in the municipality are disadvantaged in other areas that 128
168-may hinder their ability to participate effectively in the political process, 129
169-(I) the use of overt or subtle racial appeals in political campaigns in the 130
170-municipality, (J) a significant lack of responsiveness by elected officials 131
171-of the municipality to the particularized needs of protected class 132
172-individuals, and (K) whether the municipality has a compelling policy 133
173-justification for employing its particular method of election or its 134
174-particular ordinance, regulation or other law regarding the 135
175-administration of elections, or any related standard, practice, procedure 136
176-or policy. 137
177-(2) No item for consideration described in subdivision (1) of this 138
178-subsection shall be dispositive or required for a finding of the existence 139
179-of racially polarized voting. Evidence of such items concerning the state, 140
180-private actors or other surrounding municipalities may be considered, 141
181-but shall be less probative than evidence concerning the municipality 142
182-itself. 143
183-(d) Any aggrieved person, any organization whose membership 144
184-includes or is likely to include aggrieved persons, any organization 145
185-whose mission would be frustrated by a violation of this section, any 146
186-organization that would expend resources in order to fulfill such 147 Substitute Bill No. 820
155+the state or municipality vote at lower rates than all other electors, (G) 123
156+the extent to which protected class individuals in the municipality are 124
157+disadvantaged in areas such as education, employment, health, criminal 125
158+justice, housing, land use or environmental protection, (H) the extent to 126
159+which protected class individuals in the municipality are disadvantaged 127
160+in other areas that may hinder their ability to participate effectively in 128
161+the political process, (I) the use of overt or subtle racial appeals in 129
162+political campaigns in the municipality, (J) a significant lack of 130
163+responsiveness by elected officials of the municipality to the 131
164+particularized needs of protected class individuals, and (K) whether the 132
165+municipality has a compelling policy justification for employing its 133
166+particular method of election or its particular ordinance, regulation or 134
167+other law regarding the administration of elections, or any related 135
168+standard, practice, procedure or policy. 136
169+(2) No item for consideration described in subdivision (1) of this 137
170+subsection shall be dispositive or required for a finding of the existence 138
171+of racially polarized voting. Evidence of such items concerning the state, 139
172+private actors or other surrounding municipalities may be considered, 140
173+but shall be less probative than evidence concerning the municipality 141
174+itself. 142
175+(d) Any aggrieved person, any organization whose membership 143
176+includes or is likely to include aggrieved persons, any organization 144
177+whose mission would be frustrated by a violation of this section, any 145
178+organization that would expend resources in order to fulfill such 146
179+LCO No. 5710 6 of 22
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181+organization's mission as a result of a violation of this section or the 147
182+Attorney General may file an action pursuant to this section in the 148
183+superior court for the judicial district in which such municipality is 149
184+located. 150
185+(e) (1) Notwithstanding any provision of title 9 of the general statutes, 151
186+whenever the superior court for the judicial district in which a 152
187+municipality is located finds a violation of any provision of this section, 153
188+such court shall order appropriate remedies that are tailored to address 154
189+such violation in such municipality, including, but not limited to, (A) a 155
190+district-based method of election, (B) an alternative method of election, 156
191+(C) new or revised districting or redistricting plans, (D) elimination of 157
192+staggered elections so that all members of the legislative body are 158
193+elected at the same time, (E) increasing the size of the legislative body, 159
194+(F) additional voting hours, (G) additional polling locations, (H) 160
195+ordering of special elections, (I) requiring expanded opportunities for 161
196+admission of electors, (J) requiring additional elector education, or (K) 162
197+the restoration or addition of persons to registry lists. 163
198+(2) Such court may only order a remedy if such remedy will not 164
199+diminish the ability of protected class electors to participate in the 165
200+political process and elect their preferred candidates or otherwise 166
201+influence the outcome of elections. Such court shall consider remedies 167
202+proposed by any parties to an action filed pursuant to this section and 168
203+by other interested persons who are not such parties. In considering a 169
204+proposed remedy by a municipality, such court shall not give any 170
205+deference or priority to such remedy. 171
206+(f) (1) In the case of any proposal for a municipality to enact and 172
207+implement (A) a new method of election to replace such municipality's 173
208+at-large method of election with either a district-based method of 174
209+election or an alternative method of election, or (B) a new districting or 175
210+redistricting plan, the legislative body of such municipality shall act in 176
211+accordance with the provisions of subdivision (2) of this subsection if 177
212+any such proposal was made after the receipt of a notification letter 178
213+described in subsection (g) of this section or after the filing of a claim 179
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216+pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-180
217+110, as amended from time to time. 181
218+(2) (A) Prior to drawing a draft districting or redistricting plan or 182
219+plans of the proposed boundaries of the districts, the municipality shall 183
220+hold at least two public hearings, within a period of not more than thirty 184
221+days of each other, at which members of the public may provide input 185
222+regarding the composition of such districts. In advance of such hearings, 186
223+the municipality may conduct outreach to members of the public, 187
224+including to language minority communities, to explain the districting 188
225+or redistricting process and to encourage such input. 189
226+(B) After all such draft districting or redistricting plans are drawn, the 190
227+municipality shall publish and make available for public dissemination 191
228+at least one such plan and include the potential sequence of elections in 192
229+the event the members of the legislative body of such municipality 193
230+would be elected for staggered terms under such plan. The municipality 194
231+shall hold at least two public hearings, within a period of not more than 195
232+forty-five days of each other, at which members of the public may 196
233+provide input regarding the content of such plan or plans and, if 197
234+applicable, such potential sequence of elections. Such plan or plans shall 198
235+be published at least seven days prior to consideration at each such 199
236+hearing. If such plan or plans are revised at or following any such 200
237+hearing, the municipality shall publish and make available for public 201
238+dissemination such revised plan or plans at least seven days prior to any 202
239+adoption of such revised plan or plans. 203
240+(C) In determining the sequence of elections in the event the member 204
241+of the legislative body of such municipality would be elected for 205
242+staggered terms under any such districting or redistricting plan or 206
243+plans, such legislative body shall give special consideration to the 207
244+purposes of the provisions of sections 1 to 8, inclusive, of this act and 208
245+take into account the preferences expressed by electors in the districts. 209
246+(g) (1) Prior to filing an action against a municipality pursuant to this 210
247+section, any party described in subsection (d) of this section shall send 211
248+by certified mail return receipt requested a notification letter to the clerk 212
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193-organization's mission as a result of a violation of this section or the 148
194-Attorney General may file an action pursuant to this section in the 149
195-superior court for the judicial district in which such municipality is 150
196-located. 151
197-(e) (1) Notwithstanding any provision of title 9 of the general statutes, 152
198-whenever the superior court for the judicial district in which a 153
199-municipality is located finds a violation of any provision of this section, 154
200-such court shall order appropriate remedies that are tailored to address 155
201-such violation in such municipality, including, but not limited to, (A) a 156
202-district-based method of election, (B) an alternative method of election, 157
203-(C) new or revised districting or redistricting plans, (D) elimination of 158
204-staggered elections so that all members of the legislative body are 159
205-elected at the same time, (E) increasing the size of the legislative body, 160
206-(F) additional voting hours, (G) additional polling locations, (H) 161
207-ordering of special elections, (I) requiring expanded opportunities for 162
208-admission of electors, (J) requiring additional elector education, or (K) 163
209-the restoration or addition of persons to registry lists. 164
210-(2) Such court may only order a remedy if such remedy will not 165
211-diminish the ability of protected class electors to participate in the 166
212-political process and elect their preferred candidates or otherwise 167
213-influence the outcome of elections. Such court shall consider remedies 168
214-proposed by any parties to an action filed pursuant to this section and 169
215-by other interested persons who are not such parties. In considering a 170
216-proposed remedy by a municipality, such court shall not give any 171
217-deference or priority to such remedy. 172
218-(f) (1) In the case of any proposal for a municipality to enact and 173
219-implement (A) a new method of election to replace such municipality's 174
220-at-large method of election with either a district-based method of 175
221-election or an alternative method of election, or (B) a new districting or 176
222-redistricting plan, the legislative body of such municipality shall act in 177
223-accordance with the provisions of subdivision (2) of this subsection if 178
224-any such proposal was made after the receipt of a notification letter 179
225-described in subsection (g) of this section or after the filing of a claim 180 Substitute Bill No. 820
251+of such municipality asserting that such municipality may be in 213
252+violation of the provisions of sections 1 to 8, inclusive, of this act. 214
253+(2) (A) No such party may file an action pursuant to this section 215
254+earlier than fifty days after sending such notification letter to such 216
255+municipality. 217
256+(B) Prior to receiving a notification letter, or not later than fifty days 218
257+after any such notification letter is sent to a municipality, the legislative 219
258+body of such municipality may pass a resolution (i) affirming such 220
259+municipality's intention to enact and implement a remedy for a 221
260+potential violation of the provisions of sections 1 to 8, inclusive, of this 222
261+act, (ii) setting forth specific measures such municipality will take to 223
262+facilitate approval and implementation of such a remedy, and (iii) 224
263+providing a schedule for the enactment and implementation of such a 225
264+remedy. No party described in subsection (d) of this section may file an 226
265+action pursuant to this section earlier than ninety days after passage of 227
266+any such resolution by such legislative body. 228
267+(C) If, under the laws of the state, the legislative body of a 229
268+municipality lacks authority to enact or implement a remedy identified 230
269+in any such resolution within ninety days after the passage of such 231
270+resolution, or if such municipality is a covered jurisdiction as described 232
271+in section 5 of this act, such legislative body may take the following 233
272+measures upon such passage: 234
273+(i) The municipality shall hold at least one public hearing on any 235
274+proposal to remedy any potential violation of the provisions of sections 236
275+1 to 8, inclusive, of this act, at which members of the public may provide 237
276+input regarding any such proposed remedies. In advance of such 238
277+hearing, the municipality may conduct outreach to members of the 239
278+public, including to language minority communities, to encourage such 240
279+input. 241
280+(ii) The legislative body of such municipality may approve any such 242
281+proposed remedy that complies with the provisions of sections 1 to 8, 243
282+inclusive, of this act and submit such proposed remedy to the Attorney 244
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285+General. 245
286+(iii) Notwithstanding any provision of title 9 of the general statutes, 246
287+the Attorney General shall, not later than sixty days after submission of 247
288+such proposed remedy by such municipality, approve or reject such 248
289+proposed remedy in accordance with the provisions of this clause. The 249
290+Attorney General may only approve such proposed remedy if the 250
291+Attorney General concludes (I) such municipality may be in violation of 251
292+the provisions of sections 1 to 8, inclusive, of this act, (II) the proposed 252
293+remedy would address any such potential violation, (III) the proposed 253
294+remedy is unlikely to violate the Constitution of Connecticut or any 254
295+federal law, (IV) the proposed remedy will not diminish the ability of 255
296+protected class electors to participate in the political process and elect 256
297+their preferred candidates to office, and (V) implementation of the 257
298+proposed remedy is feasible. 258
299+(iv) Notwithstanding any provision of title 9 of the general statutes, 259
300+if the Attorney General approves the proposed remedy, such proposed 260
301+remedy shall be enacted and implemented immediately. If the 261
302+municipality is a covered jurisdiction as described in section 5 of this 262
303+act, such municipality shall not be required to obtain preclearance for 263
304+such proposed remedy. 264
305+(v) If the Attorney General denies the proposed remedy, (I) such 265
306+proposed remedy shall not be enacted or implemented, (II) the Attorney 266
307+General shall set forth the objections to such proposed remedy and 267
308+explain the basis for such denial, and (III) the Attorney General may 268
309+recommend another proposed remedy that he or she would approve. 269
310+(vi) If the Attorney General does not approve or reject such proposed 270
311+remedy within sixty days after the submission of such proposed remedy 271
312+by the municipality, the proposed remedy shall not be enacted or 272
313+implemented. 273
314+(D) A municipality that has passed a resolution described in 274
315+subparagraph (B) of this subdivision may enter into an agreement with 275
316+any party who sent a notification letter described in subdivision (1) of 276
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319+this subsection providing that such party shall not file an action 277
320+pursuant to this section earlier than ninety days after entering into such 278
321+agreement. If such party agrees to so enter into such an agreement, such 279
322+agreement shall require that the municipality either enact and 280
323+implement a remedy that complies with the provisions of sections 1 to 281
324+8, inclusive, of this act or pass such a resolution and submit such 282
325+resolution to the Attorney General. If such party declines to so enter into 283
326+such an agreement, such party may file an action pursuant to this section 284
327+at any time. 285
328+(E) If, pursuant to the provisions of this subsection, a municipality 286
329+enacts or implements a remedy or the Attorney General approves a 287
330+proposed remedy, a party who sent a notification letter described in 288
331+subdivision (1) of this subsection may, not later than thirty days after 289
332+such enactment, implementation or approval, submit a claim for 290
333+reimbursement from such municipality for the costs associated with 291
334+producing and sending such notification letter. Such party shall submit 292
335+such claim in writing and substantiate such claim with financial 293
336+documentation, including a detailed invoice for any demography 294
337+services or analysis of voting patterns in such municipality. Upon 295
338+receipt of any such claim, such municipality may request additional 296
339+financial documentation if that which has been provided by such party 297
340+is insufficient to substantiate such costs. Such municipality shall 298
341+reimburse such party for reasonable costs claimed or for an amount to 299
342+which such party and such municipality agree, except that the 300
343+cumulative amount of any such reimbursements to all such parties other 301
344+than the Attorney General shall not exceed forty-three thousand dollars, 302
345+adjusted in accordance with any change in the consumer price index for 303
346+all urban consumers as published by the United States Department of 304
347+Labor, Bureau of Labor Statistics. If any such party and such 305
348+municipality fail to agree to a reimbursement amount, either such party 306
349+or such municipality may file an action for a declaratory judgment with 307
350+the superior court for the judicial district in which such municipality is 308
351+located for a clarification of rights. 309
352+(F) (i) Notwithstanding the provisions of this subsection, a party 310
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232-pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-181
233-110, as amended from time to time. 182
234-(2) (A) Prior to drawing a draft districting or redistricting plan or 183
235-plans of the proposed boundaries of the districts, the municipality shall 184
236-hold at least two public hearings, within a period of not more than thirty 185
237-days of each other, at which members of the public may provide input 186
238-regarding the composition of such districts. In advance of such hearings, 187
239-the municipality may conduct outreach to members of the public, 188
240-including to language minority communities, to explain the districting 189
241-or redistricting process and to encourage such input. 190
242-(B) After all such draft districting or redistricting plans are drawn, the 191
243-municipality shall publish and make available for public dissemination 192
244-at least one such plan and include the potential sequence of elections in 193
245-the event the members of the legislative body of such municipality 194
246-would be elected for staggered terms under such plan. The municipality 195
247-shall hold at least two public hearings, within a period of not more than 196
248-forty-five days of each other, at which members of the public may 197
249-provide input regarding the content of such plan or plans and, if 198
250-applicable, such potential sequence of elections. Such plan or plans shall 199
251-be published at least seven days prior to consideration at each such 200
252-hearing. If such plan or plans are revised at or following any such 201
253-hearing, the municipality shall publish and make available for public 202
254-dissemination such revised plan or plans at least seven days prior to any 203
255-adoption of such revised plan or plans. 204
256-(C) In determining the sequence of elections in the event the members 205
257-of the legislative body of such municipality would be elected for 206
258-staggered terms under any such districting or redistricting plan or 207
259-plans, such legislative body shall give special consideration to the 208
260-purposes of sections 1 to 8, inclusive, of this act and take into account 209
261-the preferences expressed by electors in the districts. 210
262-(g) (1) Prior to filing an action against a municipality pursuant to this 211
263-section, any party described in subsection (d) of this section shall send 212 Substitute Bill No. 820
355+described in subsection (d) of this section may file an action pursuant to 311
356+this section during the one hundred twenty days prior to a regular 312
357+election held in a municipality and may seek, through such action, 313
358+preliminary relief for such regular election. Not later than the filing of 314
359+such action, such party shall send a notification letter described in 315
360+subdivision (1) of this subsection to such municipality. In the event any 316
361+such action is withdrawn or dismissed as being moot as a result of such 317
362+municipality's enactment or implementation of a remedy, or the 318
363+approval by the Attorney General of a proposed remedy, any such party 319
364+may only submit a claim for reimbursement in accordance with the 320
365+provisions of subparagraph (E) of this subdivision. 321
366+(ii) In the case of preliminary relief sought by a party described in 322
367+subsection (d) of this section pursuant to subparagraph (F)(i) of this 323
368+subdivision, the superior court for the judicial district in which such 324
369+municipality is located may grant such relief if it is determined that (I) 325
370+such party is more likely than not to succeed on the merits, and (II) it is 326
371+possible to implement an appropriate remedy that would resolve the 327
372+violation alleged under this section for such election. 328
373+Sec. 3. (NEW) (Effective January 1, 2022) (a) There is established at The 329
374+University of Connecticut a state-wide database of information 330
375+necessary to assist the state and any municipality in (1) evaluating 331
376+whether and to what extent current laws and practices related to 332
377+election administration are consistent with the provisions of sections 1 333
378+to 8, inclusive, of this act, (2) implementing best practices in election 334
379+administration to further the purposes of the provisions of said sections, 335
380+and (3) investigating any potential infringement upon the right to vote. 336
381+(b) There shall be a director of the state-wide database who shall be 337
382+responsible for the operation of such state-wide database. Such director 338
383+shall be a member of the faculty of The University of Connecticut with 339
384+doctoral level expertise in demography, statistical analysis and electoral 340
385+system and shall be appointed by the Governor. Such director may 341
386+employ such staff as is necessary to implement and maintain such state-342
387+wide database. 343
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270-by certified mail, return receipt requested, a notification letter to the 213
271-clerk of such municipality asserting that such municipality may be in 214
272-violation of the provisions of sections 1 to 8, inclusive, of this act. 215
273-(2) (A) No such party may file an action pursuant to this section 216
274-earlier than fifty days after sending such notification letter to such 217
275-municipality. 218
276-(B) Prior to receiving a notification letter, or not later than fifty days 219
277-after any such notification letter is sent to a municipality, the legislative 220
278-body of such municipality may pass a resolution (i) affirming such 221
279-municipality's intention to enact and implement a remedy for a 222
280-potential violation of the provisions of sections 1 to 8, inclusive, of this 223
281-act, (ii) setting forth specific measures such municipality will take to 224
282-facilitate approval and implementation of such a remedy, and (iii) 225
283-providing a schedule for the enactment and implementation of such a 226
284-remedy. No party described in subsection (d) of this section may file an 227
285-action pursuant to this section earlier than ninety days after passage of 228
286-any such resolution by such legislative body. 229
287-(C) If, under the laws of the state, the legislative body of a 230
288-municipality lacks authority to enact or implement a remedy identified 231
289-in any such resolution within ninety days after the passage of such 232
290-resolution, or if such municipality is a covered jurisdiction as described 233
291-in section 5 of this act, such legislative body may take the following 234
292-measures upon such passage: 235
293-(i) The municipality shall hold at least one public hearing on any 236
294-proposal to remedy any potential violation of the provisions of sections 237
295-1 to 8, inclusive, of this act, at which members of the public may provide 238
296-input regarding any such proposed remedies. In advance of such 239
297-hearing, the municipality may conduct outreach to members of the 240
298-public, including to language minority communities, to encourage such 241
299-input. 242
300-(ii) The legislative body of such municipality may approve any such 243 Substitute Bill No. 820
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307-proposed remedy that complies with the provisions of sections 1 to 8, 244
308-inclusive, of this act and submit such proposed remedy to the Attorney 245
309-General. 246
310-(iii) Notwithstanding any provision of title 9 of the general statutes, 247
311-the Attorney General shall, not later than sixty days after submission of 248
312-such proposed remedy by such municipality, approve or reject such 249
313-proposed remedy in accordance with the provisions of this clause. The 250
314-Attorney General may only approve such proposed remedy if the 251
315-Attorney General concludes (I) such municipality may be in violation of 252
316-the provisions of sections 1 to 8, inclusive, of this act, (II) the proposed 253
317-remedy would address any such potential violation, (III) the proposed 254
318-remedy is unlikely to violate the Constitution of Connecticut or any 255
319-federal law, (IV) the proposed remedy will not diminish the ability of 256
320-protected class electors to participate in the political process and elect 257
321-their preferred candidates to office, and (V) implementation of the 258
322-proposed remedy is feasible. 259
323-(iv) Notwithstanding any provision of title 9 of the general statutes, 260
324-if the Attorney General approves the proposed remedy, such proposed 261
325-remedy shall be enacted and implemented immediately. If the 262
326-municipality is a covered jurisdiction as described in section 5 of this 263
327-act, such municipality shall not be required to obtain preclearance for 264
328-such proposed remedy. 265
329-(v) If the Attorney General denies the proposed remedy, (I) such 266
330-proposed remedy shall not be enacted or implemented, (II) the Attorney 267
331-General shall set forth the objections to such proposed remedy and 268
332-explain the basis for such denial, and (III) the Attorney General may 269
333-recommend another proposed remedy that he or she would approve. 270
334-(vi) If the Attorney General does not approve or reject such proposed 271
335-remedy within sixty days after the submission of such proposed remedy 272
336-by the municipality, the proposed remedy shall not be enacted or 273
337-implemented. 274 Substitute Bill No. 820
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344-(D) A municipality that has passed a resolution described in 275
345-subparagraph (B) of this subdivision may enter into an agreement with 276
346-any party who sent a notification letter described in subdivision (1) of 277
347-this subsection providing that such party shall not file an action 278
348-pursuant to this section earlier than ninety days after entering into such 279
349-agreement. If such party agrees to so enter into such an agreement, such 280
350-agreement shall require that the municipality either enact and 281
351-implement a remedy that complies with the provisions of sections 1 to 282
352-8, inclusive, of this act or pass such a resolution and submit such 283
353-resolution to the Attorney General. If such party declines to so enter into 284
354-such an agreement, such party may file an action pursuant to this section 285
355-at any time. 286
356-(E) If, pursuant to the provisions of this subsection, a municipality 287
357-enacts or implements a remedy or the Attorney General approves a 288
358-proposed remedy, a party who sent a notification letter described in 289
359-subdivision (1) of this subsection may, not later than thirty days after 290
360-such enactment, implementation or approval, submit a claim for 291
361-reimbursement from such municipality for the costs associated with 292
362-producing and sending such notification letter. Such party shall submit 293
363-such claim in writing and substantiate such claim with financial 294
364-documentation, including a detailed invoice for any demography 295
365-services or analysis of voting patterns in such municipality. Upon 296
366-receipt of any such claim, such municipality may request additional 297
367-financial documentation if that which has been provided by such party 298
368-is insufficient to substantiate such costs. Such municipality shall 299
369-reimburse such party for reasonable costs claimed or for an amount to 300
370-which such party and such municipality agree, except that the 301
371-cumulative amount of any such reimbursements to all such parties other 302
372-than the Attorney General shall not exceed forty-three thousand dollars, 303
373-adjusted in accordance with any change in the consumer price index for 304
374-all urban consumers as published by the United States Department of 305
375-Labor, Bureau of Labor Statistics. If any such party and such 306
376-municipality fail to agree to a reimbursement amount, either such party 307
377-or such municipality may file an action for a declaratory judgment with 308 Substitute Bill No. 820
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384-the superior court for the judicial district in which such municipality is 309
385-located for a clarification of rights. 310
386-(F) (i) Notwithstanding the provisions of this subsection, a party 311
387-described in subsection (d) of this section may file an action pursuant to 312
388-this section during the one hundred twenty days prior to a regular 313
389-election held in a municipality and may seek, through such action, 314
390-preliminary relief for such regular election. Not later than the filing of 315
391-such action, such party shall send a notification letter described in 316
392-subdivision (1) of this subsection to such municipality. In the event any 317
393-such action is withdrawn or dismissed as being moot as a result of such 318
394-municipality's enactment or implementation of a remedy, or the 319
395-approval by the Attorney General of a proposed remedy, any such party 320
396-may only submit a claim for reimbursement in accordance with the 321
397-provisions of subparagraph (E) of this subdivision. 322
398-(ii) In the case of preliminary relief sought pursuant to subparagraph 323
399-(F)(i) of this subdivision by a party described in subsection (d) of this 324
400-section, the superior court for the judicial district in which such 325
401-municipality is located may grant such relief if it is determined that (I) 326
402-such party is more likely than not to succeed on the merits, and (II) it is 327
403-possible to implement an appropriate remedy that would resolve the 328
404-violation alleged under this section for such election. 329
405-Sec. 3. (NEW) (Effective January 1, 2022) (a) There is established at The 330
406-University of Connecticut a state-wide database of information 331
407-necessary to assist the state and any municipality in (1) evaluating 332
408-whether and to what extent current laws and practices related to 333
409-election administration are consistent with the provisions of sections 1 334
410-to 8, inclusive, of this act, (2) implementing best practices in election 335
411-administration to further the purposes of said sections, and (3) 336
412-investigating any potential infringement upon the right to vote. 337
413-(b) There shall be a director of the state-wide database who shall be 338
414-responsible for the operation of such state-wide database. Such director 339
415-shall be a member of the faculty of The University of Connecticut with 340 Substitute Bill No. 820
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422-doctoral level expertise in demography, statistical analysis and electoral 341
423-systems and shall be appointed by the Governor. Such director may 342
424-employ such staff as is necessary to implement and maintain such state-343
425-wide database. 344
426-(c) The state-wide database shall maintain in electronic format the 345
427-following data and records, at a minimum, for no fewer than the prior 346
428-twelve years: 347
429-(1) Estimates of total population, voting age population and citizen 348
430-voting age population by race, color and language minority group, 349
431-broken down annually to the district level for each municipality, based 350
432-on information from the United States Census Bureau, including from 351
433-the American Community Survey, or information of comparable quality 352
434-collected by a similar governmental agency; 353
435-(2) Election results at the district level for each state-wide election and 354
436-each election in each municipality; 355
437-(3) Contemporaneous registry lists and voter history files for each 356
438-election in each municipality; 357
439-(4) Contemporaneous maps, descriptions of boundaries and other 358
440-similar items, whether in paper or electronic format, for each district; 359
390+(c) The state-wide database shall maintain in electronic format, at a 344
391+minimum, the following data and records for no fewer than the prior 345
392+twelve years: 346
393+(1) Estimates of total population, voting age population and citizen 347
394+voting age population by race, color and language minority group, 348
395+broken down annually to the district level for each municipality, based 349
396+on information from the United States Census Bureau, including from 350
397+the American Community Survey, or information of comparable quality 351
398+collected by a similar governmental agency; 352
399+(2) Election results at the district level for each state-wide election and 353
400+each election in each municipality; 354
401+(3) Contemporaneous registry lists and voter history files for each 355
402+election in each municipality; 356
403+(4) Contemporaneous maps, descriptions of boundaries and other 357
404+similar items, whether in paper or electronic format, for each election 358
405+district; 359
441406 (5) Polling place locations, including, but not limited to, lists of 360
442407 districts associated with such polling locations; 361
443408 (6) Districting or redistricting plans for each election in each 362
444409 municipality; and 363
445410 (7) Any other information the director of the state-wide database 364
446411 deems advisable to maintain in furtherance of the purposes of sections 365
447412 1 to 8, inclusive, of this act. 366
448413 (d) All data, estimates or other information maintained in the state-367
449-wide database shall be published on the Internet web site of The 368 Substitute Bill No. 820
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414+wide database shall be published on the Internet web site of The 368
456415 University of Connecticut and made available to members of the public 369
457416 at no cost, provided no such data, estimate or other information may 370
458417 identify any individual elector. 371
459-(e) Each estimate concerning race, color or language minority group 372
418+(e) Any estimate concerning race, color or language minority group 372
419+LCO No. 5710 13 of 22
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460421 prepared pursuant to this section shall be so prepared using the most 373
461422 advanced, peer-reviewed and validated methodologies. 374
462423 (f) Not later than February 28, 2022, and every third year thereafter, 375
463424 the director of the state-wide database shall publish on the Internet web 376
464425 site of The University of Connecticut (1) a list of each municipality 377
465426 required under section 4 of this act to provide assistance to members of 378
466427 language minority groups, and (2) each language in which such 379
467428 municipalities are so required to provide such assistance. The director 380
468429 shall also submit such information to the Secretary of the State, who 381
469430 shall distribute such information to each municipality. 382
470431 (g) Upon the certification of election results and the completion of the 383
471432 voter history file after each election, each municipality shall transmit, in 384
472433 electronic format, copies of (1) such election results at the district level, 385
473434 (2) contemporaneous registry lists, (3) voter history files, (4) maps, 386
474435 descriptions of boundaries and other similar items, and (5) lists of 387
475436 polling place locations and lists, descriptions or other information for 388
476437 each district associated with any such polling place location. 389
477438 (h) The director of the state-wide database and the staff employed 390
478439 thereby may provide nonpartisan technical assistance to municipalities, 391
479440 researchers and members of the public seeking to use the resources of 392
480441 the state-wide database. 393
481-(i) In each action filed pursuant to section 2 of this act, there shall be 394
482-a rebuttable presumption that the data, estimates or other information 395
442+(i) In any action filed pursuant to section 2 of this act, there shall be a 394
443+rebuttable presumption that the data, estimates or other information 395
483444 maintained by the state-wide database is valid. 396
484445 Sec. 4. (NEW) (Effective January 1, 2022) (a) A municipality shall 397
485446 provide language-related assistance in voting and elections to a 398
486-language minority group in such municipality if the director of the state-399 Substitute Bill No. 820
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447+language minority group in such municipality if the director of the state-399
493448 wide database determines, based on information from the American 400
494-Community Survey, that: 401
449+Community Survey that: 401
495450 (1) More than two per cent of the citizens of voting age of such 402
496451 municipality are members of a single language minority group and 403
452+LCO No. 5710 14 of 22
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497454 speak English "less than very well" according to said survey; 404
498455 (2) More than four thousand of the citizens of voting age of such 405
499456 municipality are members of a single language minority group and 406
500457 speak English "less than very well" according to said survey; or 407
501458 (3) In the case of a municipality that contains any portion of a Native 408
502459 American reservation, more than two per cent of the Native American 409
503460 citizens of voting age on such Native American reservation are members 410
504461 of a single language minority group and speak English "less than very 411
505462 well" according to said survey. As used in this subdivision, "Native 412
506463 American" includes any person recognized by the United States Census 413
507464 Bureau as "American Indian". 414
508465 (b) Whenever the director of the state-wide database determines that 415
509466 a municipality is required to provide language assistance to a particular 416
510467 protected class, such municipality shall provide voting materials (1) in 417
511468 English, and (2) in the language of each such protected class of an equal 418
512469 quality to the corresponding English materials, including registration or 419
513470 voting notices, forms, instructions, assistance, ballots or other materials 420
514471 or information relating to the electoral process, except that in the case of 421
515472 a protected class where the language of such protected class is oral or 422
516473 unwritten, including historically unwritten as may be the case for some 423
517-Native Americans, such municipality may provide on ly oral 424
474+Native Americans, such municipality may only provide oral 424
518475 instructions, assistance or other information relating to the electoral 425
519476 process to such protected class. 426
520477 (c) In the case of any municipality described in this section, which 427
521-seeks to provide only English materials despite a determination by the 428
522-director of the state-wide database under this section that such 429
523-municipality is required to provide language assistance to a particular 430 Substitute Bill No. 820
478+municipality seeks to only provide English materials despite a 428
479+determination by the director of the state-wide database under this 429
480+section that such municipality is required to provide language 430
481+assistance to a particular protected class, such municipality may file an 431
482+action for a declaratory judgment in the superior court for the judicial 432
483+district in which such municipality is located for permission to only 433
484+provide English materials. Such court shall enter such declaratory 434
485+judgment in the municipality's favor if such court finds that such 435
486+director's determination was unreasonable or an abuse of discretion. 436
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530-protected class, such municipality may file an action for a declaratory 431
531-judgment in the superior court for the judicial district in which such 432
532-municipality is located for permission to provide only English materials. 433
533-Such court shall enter such declaratory judgment in the municipality's 434
534-favor if such court finds that such director's determination was 435
535-unreasonable or an abuse of discretion. 436
536489 Sec. 5. (NEW) (Effective January 1, 2023) (a) The enactment or 437
537490 implementation of a covered policy, as described in subsection (b) of this 438
538491 section, by a covered jurisdiction, as described in subsection (c) of this 439
539492 section, shall be subject to preclearance by the Attorney General or the 440
540493 superior court for the judicial district in which such covered jurisdiction 441
541494 is located. 442
542495 (b) A covered policy includes any new or modified qualification for 443
543496 admission as an elector, prerequisite to voting, statute, ordinance, 444
544497 regulation, standard, practice, procedure or policy concerning: 445
545498 (1) Districting or redistricting; 446
546499 (2) Method of election; 447
547500 (3) Form of government; 448
548501 (4) Annexation, incorporation, dissolution, consolidation or division 449
549502 of a municipality; 450
550503 (5) Removal of individuals from registry lists or enrollment lists and 451
551504 other activities concerning any such list; 452
552505 (6) Admission of electors; 453
553506 (7) Number, location or hours of any polling place; 454
554507 (8) Assignment of districts to polling place locations; 455
555-(9) Assistance offered to protected class individuals; or 456 Substitute Bill No. 820
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508+(9) Assistance offered to protected class individuals; or 456
562509 (10) Any additional subject matter the Attorney General may identify 457
563510 for inclusion in this subsection, pursuant to a regulation adopted by the 458
564511 Attorney General in accordance with the provisions of chapter 54 of the 459
565512 general statutes, if the Attorney General determines that any 460
566513 qualification for admission as an elector, prerequisite to voting, statute, 461
567514 ordinance, regulation, standard, practice, procedure or policy 462
568515 concerning such subject matter may have the effect of denying or 463
569516 abridging the right to vote of any protected class elector. 464
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570519 (c) A covered jurisdiction includes: 465
571520 (1) Any municipality that, within the prior twenty-five years, has 466
572521 been subject to any court order or government enforcement action based 467
573522 upon a finding of any violation of the provisions of sections 1 to 8, 468
574523 inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 469
575524 as amended from time to time, any state or federal civil rights law, the 470
576525 fifteenth amendment to the United States Constitution or the fourteenth 471
577526 amendment to the United States Constitution concerning the right to 472
578527 vote or discrimination against any protected class; 473
579528 (2) Any municipality that, within the prior five years, has failed to 474
580529 comply with such municipality's obligations to provide data or 475
581530 information to the state-wide database pursuant to section 3 of this act; 476
582531 (3) Any municipality in which during the prior ten years, based on 477
583532 data from criminal justice information systems, as defined in section 54-478
584533 142q of the general statutes, the combined misdemeanor and felony 479
585534 arrest rate of any protected class consisting of at least one thousand 480
586535 citizens of voting age, or whose members comprise at least ten per cent 481
587536 of the citizen voting age population of such municipality, exceeds the 482
588537 arrest rate of the entire citizen voting age population of such 483
589538 municipality by at least twenty per cent; or 484
590539 (4) Any municipality in which during the prior ten years, based on 485
591540 data from the United States Census Bureau, the dissimilarity index of 486
592-any protected class consisting of at least two thousand five hundred 487 Substitute Bill No. 820
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541+any protected class consisting of at least two thousand five hundred 487
599542 citizens of voting age, or whose members comprise at least ten per cent 488
600543 of the citizen voting age population of such municipality, exceeds fifty 489
601544 per cent with respect to white, non-Hispanic, citizens of voting age 490
602545 within such municipality. 491
603546 (d) (1) A covered jurisdiction may submit, in writing, to the Attorney 492
604547 General any covered policy it seeks to adopt or implement and may 493
605548 obtain therefrom preclearance to so adopt and implement such covered 494
606549 policy in accordance with the provisions of this subsection. 495
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607552 (2) When the Attorney General receives any such submission of a 496
608553 covered policy: 497
609554 (A) In the case of any covered policy concerning the location of 498
610555 polling places, the Attorney General shall grant or deny preclearance 499
611556 not later than thirty days after such receipt, except that if the Attorney 500
612557 General grants such preclearance the Attorney General may do so 501
613558 preliminarily and reserve the right to subsequently deny such 502
614559 preclearance not later than sixty days after such receipt; and 503
615560 (B) In the case of any other covered policy, the Attorney General shall 504
616561 grant or deny such preclearance not later than sixty days after such 505
617562 receipt, except that in the case of any such covered policy described in 506
618563 this subparagraph that concerns the implementation of a district-based 507
619564 method of election or an alternative method of election, districting or 508
620565 redistricting plans or a change to a municipality's form of government, 509
621566 the Attorney General may extend, up to two times, and by ninety days 510
622567 each such time, the time by which to grant or deny such preclearance. 511
623568 (3) Prior to granting or denying such preclearance, the Attorney 512
624569 General shall publish notice of the proceedings for making such 513
625570 determination and shall provide an opportunity for any interested party 514
626571 to submit written comments concerning the covered policy and such 515
627572 determination. 516
628573 (4) The Attorney General may grant preclearance to a covered policy 517
629-only if it is determined that such covered policy will not diminish the 518 Substitute Bill No. 820
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574+only if it is determined that such covered policy will not diminish the 518
636575 ability of protected class electors to participate in the electoral process 519
637576 or elect their preferred candidates, and upon such grant the covered 520
638577 jurisdiction may enact and implement such covered policy. 521
639578 (5) (A) If the Attorney General denies preclearance to a covered 522
640579 policy, (i) such covered policy shall not be enacted or implemented, and 523
641580 (ii) the Attorney General shall set forth the objections to such covered 524
642581 policy and explain the basis for such denial. 525
643582 (B) Any denial under subparagraph (A) of this subdivision may be 526
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644585 appealed, in accordance with the provisions of chapter 54 of the general 527
645586 statutes, to the superior court for the judicial district in which the 528
646587 covered jurisdiction is located. Any such appeal shall be privileged with 529
647588 respect to assignment for trial. 530
648589 (6) If the Attorney General does not grant or deny such preclearance 531
649590 within the applicable time specified in subdivision (2) of this subsection, 532
650591 such covered policy shall be deemed precleared and the covered 533
651592 jurisdiction may enact and implement such covered policy. 534
652593 (e) (1) A covered jurisdiction may submit, in writing, to the superior 535
653594 court for the judicial district in which such covered jurisdiction is 536
654595 located any covered policy it seeks to adopt or implement and may 537
655596 obtain therefrom preclearance to so adopt and implement such covered 538
656597 policy in accordance with the provisions of this subsection, provided (A) 539
657598 such covered jurisdiction shall also contemporaneously provide to the 540
658599 Attorney General a copy of such submission, and (B) failure to so 541
659600 provide such copy shall result in an automatic denial of such 542
660601 preclearance. 543
661602 (2) Except as provided in subparagraph (B) of subdivision (1) of this 544
662603 subsection, when such court receives any such submission of a covered 545
663604 policy, such court shall grant or deny such preclearance not later than 546
664605 sixty days after such receipt. 547
665606 (3) Such court may grant preclearance to a covered policy only if it is 548
666-determined that such covered policy will not diminish the ability of 549 Substitute Bill No. 820
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607+determined that such covered policy will not diminish the ability of 549
673608 protected class electors to participate in the electoral process or elect 550
674609 their preferred candidates, and upon such grant the covered jurisdiction 551
675610 may enact and implement such covered policy. 552
676611 (4) (A) If such court denies preclearance to a covered policy, or does 553
677612 not grant or deny such preclearance within sixty days, such covered 554
678613 policy shall not be enacted or implemented. 555
679614 (B) Any denial under subparagraph (A) of this subdivision may be 556
680615 appealed in accordance with the ordinary rules of appellate procedure. 557
616+LCO No. 5710 19 of 22
617+
681618 Any such appeal shall be privileged with respect to assignment for 558
682619 appeal. 559
683620 (f) If any covered jurisdiction enacts or implements any covered 560
684621 policy without obtaining preclearance for such covered policy in 561
685622 accordance with the provisions of this section, the Attorney General or 562
686623 any party described in subsection (d) of section 2 of this act may file an 563
687624 action in the superior court for the judicial district in which such covered 564
688625 jurisdiction is located to enjoin such enactment or implementation and 565
689626 seek sanctions against such covered jurisdiction for violations of this 566
690627 section. 567
691628 (g) (1) For a period of one hundred twenty days after the effective 568
692629 date of this section, the Attorney General may, in accordance with the 569
693630 provisions of subdivision (2) of this subsection, conduct a look-back 570
694631 review and deny preclearance to any covered policy that was previously 571
695632 enacted by a covered jurisdiction. 572
696633 (2) (A) The Attorney General may only initiate a look-back review of 573
697634 any covered policy that was enacted or implemented by a covered 574
698635 jurisdiction on or after January 1, 2022, and prior to January 1, 2023. 575
699636 (B) A look-back review is initiated when the Attorney General 576
700637 provides notice to a covered jurisdiction of the Attorney General's 577
701638 decision to review a covered policy enacted or implemented by such 578
702639 covered jurisdiction. Such covered jurisdiction shall submit, in writing, 579
703-such covered policy not later than thirty days after receipt of such notice. 580 Substitute Bill No. 820
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640+such covered policy not later than thirty days after receipt of such notice. 580
710641 (C) Not later than ninety days after such submission, the Attorney 581
711642 General shall decide whether such covered jurisdiction may further 582
712643 implement such covered policy. Prior to making such decision, the 583
713644 Attorney General shall publish notice of the proceedings for making 584
714645 such decision and shall provide an opportunity for any interested party 585
715646 to submit written comments concerning the covered policy and such 586
716647 decision. 587
717648 (D) (i) The Attorney General shall deny further implementation of 588
649+LCO No. 5710 20 of 22
650+
718651 such covered policy if it is determined that such covered policy is likely 589
719652 to diminish the ability of protected class electors to participate in the 590
720653 political process or elect their preferred candidates. For any such denial, 591
721654 the Attorney General shall set forth the objections to such covered policy 592
722655 and explain the basis for such denial. No such denial may provide a 593
723656 basis for the invalidation of any election held under such covered policy. 594
724657 (ii) Any denial under subparagraph (D)(i) of this subdivision may be 595
725658 appealed, in accordance with the provisions of chapter 54 of the general 596
726659 statutes, to the superior court for the judicial district in which the 597
727660 covered jurisdiction is located. Any such appeal shall be privileged with 598
728661 respect to assignment for trial. 599
729662 (E) The Attorney General may adopt regulations, in accordance with 600
730663 the provisions of chapter 54 of the general statutes, to effectuate the 601
731664 purposes of this section. 602
732665 Sec. 6. (NEW) (Effective January 1, 2022) (a) No person, whether acting 603
733666 under color of law or otherwise, may engage in acts of intimidation, 604
734667 deception or obstruction that affect the right of electors to exercise their 605
735668 electoral privileges. 606
736669 (b) The following shall constitute a violation of subsection (a) of this 607
737670 section: 608
738671 (1) Any person who uses or threatens to use any force, violence, 609
739672 restraint, abduction or duress, who inflicts or threatens to inflict any 610
740-injury, damage, harm or loss, or who in any other manner practices 611 Substitute Bill No. 820
741-
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745-21 of 23
746-
673+injury, damage, harm or loss, or who in any other manner practices 611
747674 intimidation that causes or will reasonably have the effect of causing 612
748675 any elector to (A) vote or refrain from voting in general, (B) vote for or 613
749676 against any particular candidate or question, (C) apply or not apply for 614
750677 admission as an elector, or (D) apply or not apply for an absentee ballot; 615
751678 (2) Any person who uses any deceptive or fraudulent device, 616
752679 contrivance or communication that impedes, prevents or otherwise 617
753680 interferes with the electoral privileges of any elector or that causes or 618
754681 will reasonably have the effect of causing any elector to (A) vote or 619
682+LCO No. 5710 21 of 22
683+
755684 refrain from voting in general, (B) vote for or against any particular 620
756685 candidate or question, (C) apply or not apply for admission as an 621
757686 elector, or (D) apply or not apply for an absentee ballot; or 622
758687 (3) Any person who obstructs, impedes or otherwise interferes with 623
759688 access to any polling place or office of any election official or who 624
760689 obstructs, impedes or otherwise interferes with any elector in any 625
761690 manner that causes or will reasonably have the effect of causing any 626
762691 delay in voting or the voting process, including the canvassing or 627
763692 tabulation of ballots. 628
764693 (c) Any aggrieved person, any organization whose membership 629
765694 includes or is likely to include aggrieved persons, any organization 630
766695 whose mission would be frustrated by a violation of this section, any 631
767696 organization that would expend resources in order to fulfill such 632
768697 organization's mission as a result of a violation of this section or the 633
769698 Attorney General may file an action pursuant to this section in the 634
770699 superior court for the judicial district in which such violation occurred. 635
771700 (d) (1) Notwithstanding any provision of title 9 of the general statutes, 636
772701 whenever such court finds a violation of any provision of this section, 637
773702 such court shall order appropriate remedies that are tailored to address 638
774703 such violation, including, but not limited to, providing for additional 639
775704 time to vote at an election, primary or referendum. 640
776705 (2) Any person who violates the provisions of this section, or who 641
777-aids in the violation of any of such provisions, shall be liable for any 642 Substitute Bill No. 820
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706+aids in the violation of any of such provisions, shall be liable for any 642
784707 damages awarded by such court, including, but not limited to, nominal 643
785708 damages for any such violation and compensatory or punitive damages 644
786709 for any such wilful violation. 645
787710 Sec. 7. (NEW) (Effective January 1, 2022) In any action or investigation 646
788711 to enforce the provisions of sections 1 to 6, inclusive, of this act, the 647
789712 Attorney General may examine witnesses, receive oral and 648
790713 documentary evidence, determine material facts and issue subpoenas in 649
791714 accordance with the ordinary rules of civil procedure. 650
715+LCO No. 5710 22 of 22
716+
792717 Sec. 8. (NEW) (Effective January 1, 2022) In any action to enforce the 651
793718 provisions of sections 1 to 6, inclusive, of this act, the court may award 652
794719 reasonable attorneys' fees and litigation costs, including, but not limited 653
795720 to, expert witness fees and expenses, to the party that filed such action, 654
796721 other than the state or any municipality, and that prevailed in such 655
797722 action. In the case of a party against whom such action was filed and 656
798723 who prevailed in such action, the court shall not award such party any 657
799724 costs unless such court finds such action to be frivolous, unreasonable 658
800725 or without foundation. 659
801726 This act shall take effect as follows and shall amend the following
802727 sections:
803728
804729 Section 1 January 1, 2022 New section
805730 Sec. 2 January 1, 2022 New section
806731 Sec. 3 January 1, 2022 New section
807732 Sec. 4 January 1, 2022 New section
808733 Sec. 5 January 1, 2023 New section
809734 Sec. 6 January 1, 2022 New section
810735 Sec. 7 January 1, 2022 New section
811736 Sec. 8 January 1, 2022 New section
812737
813-Statement of Legislative Commissioners:
814-In Section 1, "this section and" was added in the prefatory language for
815-accuracy; in Section 1(2), "only the candidates" was changed to
816-"candidates" for clarity; in Section 2(b)(2)(C)(v), "of such" was changed
817-to "or such" for accuracy; in Section 2(b)(2)(C)(vi), a comma was inserted
818-after "partisanship" for clarity; in Section 2(c)(1)(C), a comma was Substitute Bill No. 820
738+Statement of Purpose:
739+To afford mechanisms for the challenge of certain election
740+administration laws, practices or procedures that may impair the
741+electoral rights of certain protected classes of individuals.
742+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
743+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
744+underlined.]
819745
746+Co-Sponsors: SEN. LESSER, 9th Dist.
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748+S.B. 820
824749
825-inserted after "policy" for clarity; in Section 2(c)(1)(F), the language was
826-restructured for clarity and accuracy; in Section 2(f)(2)(C), "member"
827-was changed to "members" for accuracy, and "the provisions of" was
828-deleted for clarity and conciseness; in Section 2(g)(2)(F)(ii), the language
829-was restructured for clarity; in Section 3(a)(2), "the provisions of" was
830-deleted for clarity and conciseness; in Section 3(b), "system" was
831-changed to "systems" for accuracy; in Section 3(c), "at a minimum" was
832-moved in the prefatory language for clarity; in Section 3(c)(4), "election"
833-was deleted for consistency; in Section 3(e), "Any" was changed to
834-"Each" for accuracy; in Section 3(i), "any" was changed to "each" for
835-accuracy; in Section 4(a), a comma was inserted after "Survey" in the
836-prefatory language for clarity; in Section 4(b), "may only provide" was
837-changed to "may provide only" for clarity; and in Section 4(c), "which
838-municipality" was changed to "which", "seeks to only provide" was
839-changed to "seeks to provide only" and "permission to only provide"
840-was changed to "permission to provide only" for clarity.
841-
842-
843-GAE Joint Favorable Subst. -LCO
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