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General Assembly Substitute Bill No. 820
January Session, 2021
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 this section and 1
sections 2 to 8, 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 candidates for such district are 14
voted upon by only the electors of such district; 15
(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 Substitute Bill No. 820
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(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
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 Substitute Bill No. 820
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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
Constitution of the United States. 79
(C) In determining whether voting patterns of protected class electors 80 Substitute Bill No. 820
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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 or 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
administration of elections, or any related standard, practice, procedure 113
or policy, by the municipality that may enhance the dilutive effects of 114 Substitute Bill No. 820
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the 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 municipality or state vote at lower rates than all other electors in the 123
municipality or state, as applicable, (G) the extent to which protected 124
class individuals in the municipality are disadvantaged in areas such as 125
education, employment, health, criminal justice, housing, land use or 126
environmental protection, (H) the extent to which protected class 127
individuals in the municipality are disadvantaged in other areas that 128
may hinder their ability to participate effectively in the political process, 129
(I) the use of overt or subtle racial appeals in political campaigns in the 130
municipality, (J) a significant lack of responsiveness by elected officials 131
of the municipality to the particularized needs of protected class 132
individuals, and (K) whether the municipality has a compelling policy 133
justification for employing its particular method of election or its 134
particular ordinance, regulation or other law regarding the 135
administration of elections, or any related standard, practice, procedure 136
or policy. 137
(2) No item for consideration described in subdivision (1) of this 138
subsection shall be dispositive or required for a finding of the existence 139
of racially polarized voting. Evidence of such items concerning the state, 140
private actors or other surrounding municipalities may be considered, 141
but shall be less probative than evidence concerning the municipality 142
itself. 143
(d) Any aggrieved person, any organization whose membership 144
includes or is likely to include aggrieved persons, any organization 145
whose mission would be frustrated by a violation of this section, any 146
organization that would expend resources in order to fulfill such 147 Substitute Bill No. 820
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organization's mission as a result of a violation of this section or the 148
Attorney General may file an action pursuant to this section in the 149
superior court for the judicial district in which such municipality is 150
located. 151
(e) (1) Notwithstanding any provision of title 9 of the general statutes, 152
whenever the superior court for the judicial district in which a 153
municipality is located finds a violation of any provision of this section, 154
such court shall order appropriate remedies that are tailored to address 155
such violation in such municipality, including, but not limited to, (A) a 156
district-based method of election, (B) an alternative method of election, 157
(C) new or revised districting or redistricting plans, (D) elimination of 158
staggered elections so that all members of the legislative body are 159
elected at the same time, (E) increasing the size of the legislative body, 160
(F) additional voting hours, (G) additional polling locations, (H) 161
ordering of special elections, (I) requiring expanded opportunities for 162
admission of electors, (J) requiring additional elector education, or (K) 163
the restoration or addition of persons to registry lists. 164
(2) Such court may only order a remedy if such remedy will not 165
diminish the ability of protected class electors to participate in the 166
political process and elect their preferred candidates or otherwise 167
influence the outcome of elections. Such court shall consider remedies 168
proposed by any parties to an action filed pursuant to this section and 169
by other interested persons who are not such parties. In considering a 170
proposed remedy by a municipality, such court shall not give any 171
deference or priority to such remedy. 172
(f) (1) In the case of any proposal for a municipality to enact and 173
implement (A) a new method of election to replace such municipality's 174
at-large method of election with either a district-based method of 175
election or an alternative method of election, or (B) a new districting or 176
redistricting plan, the legislative body of such municipality shall act in 177
accordance with the provisions of subdivision (2) of this subsection if 178
any such proposal was made after the receipt of a notification letter 179
described in subsection (g) of this section or after the filing of a claim 180 Substitute Bill No. 820
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pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-181
110, as amended from time to time. 182
(2) (A) Prior to drawing a draft districting or redistricting plan or 183
plans of the proposed boundaries of the districts, the municipality shall 184
hold at least two public hearings, within a period of not more than thirty 185
days of each other, at which members of the public may provide input 186
regarding the composition of such districts. In advance of such hearings, 187
the municipality may conduct outreach to members of the public, 188
including to language minority communities, to explain the districting 189
or redistricting process and to encourage such input. 190
(B) After all such draft districting or redistricting plans are drawn, the 191
municipality shall publish and make available for public dissemination 192
at least one such plan and include the potential sequence of elections in 193
the event the members of the legislative body of such municipality 194
would be elected for staggered terms under such plan. The municipality 195
shall hold at least two public hearings, within a period of not more than 196
forty-five days of each other, at which members of the public may 197
provide input regarding the content of such plan or plans and, if 198
applicable, such potential sequence of elections. Such plan or plans shall 199
be published at least seven days prior to consideration at each such 200
hearing. If such plan or plans are revised at or following any such 201
hearing, the municipality shall publish and make available for public 202
dissemination such revised plan or plans at least seven days prior to any 203
adoption of such revised plan or plans. 204
(C) In determining the sequence of elections in the event the members 205
of the legislative body of such municipality would be elected for 206
staggered terms under any such districting or redistricting plan or 207
plans, such legislative body shall give special consideration to the 208
purposes of sections 1 to 8, inclusive, of this act and take into account 209
the preferences expressed by electors in the districts. 210
(g) (1) Prior to filing an action against a municipality pursuant to this 211
section, any party described in subsection (d) of this section shall send 212 Substitute Bill No. 820
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by certified mail, return receipt requested, a notification letter to the 213
clerk of such municipality asserting that such municipality may be in 214
violation of the provisions of sections 1 to 8, inclusive, of this act. 215
(2) (A) No such party may file an action pursuant to this section 216
earlier than fifty days after sending such notification letter to such 217
municipality. 218
(B) Prior to receiving a notification letter, or not later than fifty days 219
after any such notification letter is sent to a municipality, the legislative 220
body of such municipality may pass a resolution (i) affirming such 221
municipality's intention to enact and implement a remedy for a 222
potential violation of the provisions of sections 1 to 8, inclusive, of this 223
act, (ii) setting forth specific measures such municipality will take to 224
facilitate approval and implementation of such a remedy, and (iii) 225
providing a schedule for the enactment and implementation of such a 226
remedy. No party described in subsection (d) of this section may file an 227
action pursuant to this section earlier than ninety days after passage of 228
any such resolution by such legislative body. 229
(C) If, under the laws of the state, the legislative body of a 230
municipality lacks authority to enact or implement a remedy identified 231
in any such resolution within ninety days after the passage of such 232
resolution, or if such municipality is a covered jurisdiction as described 233
in section 5 of this act, such legislative body may take the following 234
measures upon such passage: 235
(i) The municipality shall hold at least one public hearing on any 236
proposal to remedy any potential violation of the provisions of sections 237
1 to 8, inclusive, of this act, at which members of the public may provide 238
input regarding any such proposed remedies. In advance of such 239
hearing, the municipality may conduct outreach to members of the 240
public, including to language minority communities, to encourage such 241
input. 242
(ii) The legislative body of such municipality may approve any such 243 Substitute Bill No. 820
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proposed remedy that complies with the provisions of sections 1 to 8, 244
inclusive, of this act and submit such proposed remedy to the Attorney 245
General. 246
(iii) Notwithstanding any provision of title 9 of the general statutes, 247
the Attorney General shall, not later than sixty days after submission of 248
such proposed remedy by such municipality, approve or reject such 249
proposed remedy in accordance with the provisions of this clause. The 250
Attorney General may only approve such proposed remedy if the 251
Attorney General concludes (I) such municipality may be in violation of 252
the provisions of sections 1 to 8, inclusive, of this act, (II) the proposed 253
remedy would address any such potential violation, (III) the proposed 254
remedy is unlikely to violate the Constitution of Connecticut or any 255
federal law, (IV) the proposed remedy will not diminish the ability of 256
protected class electors to participate in the political process and elect 257
their preferred candidates to office, and (V) implementation of the 258
proposed remedy is feasible. 259
(iv) Notwithstanding any provision of title 9 of the general statutes, 260
if the Attorney General approves the proposed remedy, such proposed 261
remedy shall be enacted and implemented immediately. If the 262
municipality is a covered jurisdiction as described in section 5 of this 263
act, such municipality shall not be required to obtain preclearance for 264
such proposed remedy. 265
(v) If the Attorney General denies the proposed remedy, (I) such 266
proposed remedy shall not be enacted or implemented, (II) the Attorney 267
General shall set forth the objections to such proposed remedy and 268
explain the basis for such denial, and (III) the Attorney General may 269
recommend another proposed remedy that he or she would approve. 270
(vi) If the Attorney General does not approve or reject such proposed 271
remedy within sixty days after the submission of such proposed remedy 272
by the municipality, the proposed remedy shall not be enacted or 273
implemented. 274 Substitute Bill No. 820
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(D) A municipality that has passed a resolution described in 275
subparagraph (B) of this subdivision may enter into an agreement with 276
any party who sent a notification letter described in subdivision (1) of 277
this subsection providing that such party shall not file an action 278
pursuant to this section earlier than ninety days after entering into such 279
agreement. If such party agrees to so enter into such an agreement, such 280
agreement shall require that the municipality either enact and 281
implement a remedy that complies with the provisions of sections 1 to 282
8, inclusive, of this act or pass such a resolution and submit such 283
resolution to the Attorney General. If such party declines to so enter into 284
such an agreement, such party may file an action pursuant to this section 285
at any time. 286
(E) If, pursuant to the provisions of this subsection, a municipality 287
enacts or implements a remedy or the Attorney General approves a 288
proposed remedy, a party who sent a notification letter described in 289
subdivision (1) of this subsection may, not later than thirty days after 290
such enactment, implementation or approval, submit a claim for 291
reimbursement from such municipality for the costs associated with 292
producing and sending such notification letter. Such party shall submit 293
such claim in writing and substantiate such claim with financial 294
documentation, including a detailed invoice for any demography 295
services or analysis of voting patterns in such municipality. Upon 296
receipt of any such claim, such municipality may request additional 297
financial documentation if that which has been provided by such party 298
is insufficient to substantiate such costs. Such municipality shall 299
reimburse such party for reasonable costs claimed or for an amount to 300
which such party and such municipality agree, except that the 301
cumulative amount of any such reimbursements to all such parties other 302
than the Attorney General shall not exceed forty-three thousand dollars, 303
adjusted in accordance with any change in the consumer price index for 304
all urban consumers as published by the United States Department of 305
Labor, Bureau of Labor Statistics. If any such party and such 306
municipality fail to agree to a reimbursement amount, either such party 307
or such municipality may file an action for a declaratory judgment with 308 Substitute Bill No. 820
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the superior court for the judicial district in which such municipality is 309
located for a clarification of rights. 310
(F) (i) Notwithstanding the provisions of this subsection, a party 311
described in subsection (d) of this section may file an action pursuant to 312
this section during the one hundred twenty days prior to a regular 313
election held in a municipality and may seek, through such action, 314
preliminary relief for such regular election. Not later than the filing of 315
such action, such party shall send a notification letter described in 316
subdivision (1) of this subsection to such municipality. In the event any 317
such action is withdrawn or dismissed as being moot as a result of such 318
municipality's enactment or implementation of a remedy, or the 319
approval by the Attorney General of a proposed remedy, any such party 320
may only submit a claim for reimbursement in accordance with the 321
provisions of subparagraph (E) of this subdivision. 322
(ii) In the case of preliminary relief sought pursuant to subparagraph 323
(F)(i) of this subdivision by a party described in subsection (d) of this 324
section, the superior court for the judicial district in which such 325
municipality is located may grant such relief if it is determined that (I) 326
such party is more likely than not to succeed on the merits, and (II) it is 327
possible to implement an appropriate remedy that would resolve the 328
violation alleged under this section for such election. 329
Sec. 3. (NEW) (Effective January 1, 2022) (a) There is established at The 330
University of Connecticut a state-wide database of information 331
necessary to assist the state and any municipality in (1) evaluating 332
whether and to what extent current laws and practices related to 333
election administration are consistent with the provisions of sections 1 334
to 8, inclusive, of this act, (2) implementing best practices in election 335
administration to further the purposes of said sections, and (3) 336
investigating any potential infringement upon the right to vote. 337
(b) There shall be a director of the state-wide database who shall be 338
responsible for the operation of such state-wide database. Such director 339
shall be a member of the faculty of The University of Connecticut with 340 Substitute Bill No. 820
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doctoral level expertise in demography, statistical analysis and electoral 341
systems and shall be appointed by the Governor. Such director may 342
employ such staff as is necessary to implement and maintain such state-343
wide database. 344
(c) The state-wide database shall maintain in electronic format the 345
following data and records, at a minimum, for no fewer than the prior 346
twelve years: 347
(1) Estimates of total population, voting age population and citizen 348
voting age population by race, color and language minority group, 349
broken down annually to the district level for each municipality, based 350
on information from the United States Census Bureau, including from 351
the American Community Survey, or information of comparable quality 352
collected by a similar governmental agency; 353
(2) Election results at the district level for each state-wide election and 354
each election in each municipality; 355
(3) Contemporaneous registry lists and voter history files for each 356
election in each municipality; 357
(4) Contemporaneous maps, descriptions of boundaries and other 358
similar items, whether in paper or electronic format, for each 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 Substitute Bill No. 820
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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) Each estimate concerning race, color or language minority group 372
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 each action filed pursuant to section 2 of this act, there shall be 394
a 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 Substitute Bill No. 820
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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
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 provide on ly 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
seeks to provide only English materials despite a determination by the 428
director of the state-wide database under this section that such 429
municipality is required to provide language assistance to a particular 430 Substitute Bill No. 820
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protected class, such municipality may file an action for a declaratory 431
judgment in the superior court for the judicial district in which such 432
municipality is located for permission to provide only English materials. 433
Such court shall enter such declaratory judgment in the municipality's 434
favor if such court finds that such director's determination was 435
unreasonable or an abuse of discretion. 436
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 Substitute Bill No. 820
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(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
(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 Substitute Bill No. 820
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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
(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 Substitute Bill No. 820
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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
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 Substitute Bill No. 820
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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
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 Substitute Bill No. 820
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(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
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 Substitute Bill No. 820
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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
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 Substitute Bill No. 820
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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
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 Legislative Commissioners:
In Section 1, "this section and" was added in the prefatory language for
accuracy; in Section 1(2), "only the candidates" was changed to
"candidates" for clarity; in Section 2(b)(2)(C)(v), "of such" was changed
to "or such" for accuracy; in Section 2(b)(2)(C)(vi), a comma was inserted
after "partisanship" for clarity; in Section 2(c)(1)(C), a comma was Substitute Bill No. 820
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inserted after "policy" for clarity; in Section 2(c)(1)(F), the language was
restructured for clarity and accuracy; in Section 2(f)(2)(C), "member"
was changed to "members" for accuracy, and "the provisions of" was
deleted for clarity and conciseness; in Section 2(g)(2)(F)(ii), the language
was restructured for clarity; in Section 3(a)(2), "the provisions of" was
deleted for clarity and conciseness; in Section 3(b), "system" was
changed to "systems" for accuracy; in Section 3(c), "at a minimum" was
moved in the prefatory language for clarity; in Section 3(c)(4), "election"
was deleted for consistency; in Section 3(e), "Any" was changed to
"Each" for accuracy; in Section 3(i), "any" was changed to "each" for
accuracy; in Section 4(a), a comma was inserted after "Survey" in the
prefatory language for clarity; in Section 4(b), "may only provide" was
changed to "may provide only" for clarity; and in Section 4(c), "which
municipality" was changed to "which", "seeks to only provide" was
changed to "seeks to provide only" and "permission to only provide"
was changed to "permission to provide only" for clarity.
GAE Joint Favorable Subst. -LCO