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General Assembly Substitute Bill No. 471
February Session, 2022
AN ACT CONCERNING ELECTIONS AND STATE VOTING RIGHTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective January 1, 2023) As used in this section and 1
sections 2 to 8, inclusive, of this act: 2
(1) "Alternative method of election" means a method of electing 3
candidates to the legislative body of a municipality other than an at-4
large method of election or a district-based method of election, and 5
includes ranked-choice voting, cumulative voting and limited voting; 6
(2) (A) "At-large method of election" means a method of electing 7
candidates to the legislative body of a municipality (i) in which all such 8
candidates are voted upon by all electors of such municipality, (ii) in 9
which, for municipalities divided into districts, a candidate for any such 10
district is required to reside in such district and all candidates for all 11
districts are voted upon by all electors of such municipality, or (iii) that 12
combines the methods described in subparagraph (A)(i) or (A)(ii) of this 13
subdivision with a district-based method of election; 14
(B) "At-large method of election" does not include any alternative 15
method of election; 16
(3) "District-based method of election" means a method of electing 17 Substitute Bill No. 471
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candidates to the legislative body of a municipality in which, for 18
municipalities divided into districts, a candidate for any such district is 19
required to reside in such district and candidates for such district are 20
voted upon by only the electors of such district; 21
(4) "Language minority group" has the same meaning as provided in 22
52 USC 10503, as amended from time to time; 23
(5) "Legislative body" means the board of aldermen, council, board of 24
burgesses, board of education, district committee, association 25
committee or other similar body, as applicable, of a municipality; 26
(6) "Municipality" means any town, city or borough, whether 27
consolidated or unconsolidated, any school district, any district, as 28
defined in section 7-324 of the general statutes, or any other district 29
authorized under the general statutes; 30
(7) "Protected class" means a class of citizens who are members of a 31
race, color or language minority group, as referenced in 52 USC 32
10301(a), as amended from time to time; and 33
(8) "Racially polarized voting" means voting in which there is a 34
difference between the candidate or electoral choice preferred by 35
protected class electors and the candidate or electoral choice preferred 36
by all other electors. 37
Sec. 2. (NEW) (Effective January 1, 2023) (a) (1) No qualification for 38
eligibility to be an elector or other prerequisite to voting, and no 39
ordinance, regulation or other law regarding the administration of 40
elections, or any related standard, practice, procedure or policy, may be 41
enacted or implemented in a manner that results in the denial or 42
abridgement of the right to vote for any protected class individual. 43
(2) Any impairment of the ability of protected class electors to elect 44
candidates of their choice or otherwise influence the outcome of 45
elections, based on the totality of the circumstances, shall constitute a 46
violation of subdivision (1) of this subsection. 47 Substitute Bill No. 471
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(3) In determining whether a violation of subdivision (1) of this 48
subsection has occurred, the superior court for the judicial district in 49
which the municipality is located may consider the extent to which 50
protected class electors (A) have been elected to office in the state or the 51
municipality in which such violation is alleged, and (B) vote at lower 52
rates than other electors in the state or the municipality in which such 53
violation is alleged. 54
(b) (1) No method of election may have the effect of impairing the 55
ability of protected class electors to elect candidates of their choice or 56
otherwise influence the outcome of elections as a result of abridging the 57
right to vote for such electors or diluting the vote of such electors. 58
(2) (A) The following shall constitute a violation of subdivision (1) of 59
this subsection: 60
(i) Any municipality that employs an at-large method of election and 61
in which (I) racially polarized voting by protected class electors occurs, 62
or (II) based on the totality of the circumstances, the ability of such 63
electors to elect candidates of their choice or otherwise influence the 64
outcome of elections is impaired; or 65
(ii) Any municipality that employs a district-based method of election 66
or an alternative method of election, in which the candidates or electoral 67
choices preferred by protected class electors would usually be defeated 68
and in which (I) racially polarized voting by protected class electors 69
occurs, or (II) based on the totality of the circumstances, the ability of 70
such electors to elect candidates of their choice or otherwise influence 71
the outcome of elections is impaired. 72
(B) Any use of race, color, language minority group or any 73
characteristic that serves as a proxy for race, color or language minority 74
group for the purpose of districting or redistricting shall presumptively 75
constitute a violation of subdivision (1) of this subsection, provided a 76
municipality may rebut this presumption by demonstrating that race, 77
color, language minority group or any characteristic that serves as a 78 Substitute Bill No. 471
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proxy for race, color or language minority group was so used only to 79
the extent necessary to comply with the provisions of sections 1 to 8, 80
inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 81
as amended from time to time, the Constitution of Connecticut or the 82
Constitution of the United States. 83
(C) In determining whether racially polarized voting by protected 84
class electors in a municipality occurs or whether candidates or electoral 85
choices preferred by protected class electors would usually be defeated, 86
the superior court for the judicial district in which the municipality is 87
located (i) shall consider elections held prior to the filing of an action 88
pursuant to this section as more probative than elections conducted 89
after such filing, (ii) shall consider evidence concerning elections for 90
members of the legislative body of such municipality as more probative 91
than evidence concerning elections for other municipal officials, (iii) 92
shall consider statistical evidence as more probative than nonstatistical 93
evidence, (iv) in the case of evidence that two or more protected classes 94
of electors are politically cohesive in such municipality, may combine 95
electors of such protected classes, (v) shall not require evidence 96
concerning the intent of electors, elected officials or such municipality 97
to discriminate against protected class electors, (vi) shall not consider 98
evidence of explanations for voting patterns and election outcomes 99
other than racially polarized voting, including, but not limited to, 100
partisanship, (vii) shall not consider evidence that subgroups of 101
protected class electors have different voting patterns, (viii) shall not 102
consider evidence concerning whether protected class electors are 103
geographically compact or concentrated, but may use such evidence to 104
appropriately remedy a violation of subdivision (1) of this subsection, 105
and (ix) shall not consider evidence concerning projected changes in 106
population or demographics, but may use such evidence to 107
appropriately remedy a violation of said subdivision. 108
(c) (1) In determining whether, based on the totality of the 109
circumstances, the ability of protected class electors to elect candidates 110
of their choice or otherwise influence the outcome of elections is 111 Substitute Bill No. 471
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impaired, the superior court for the judicial district in which a 112
municipality is located may consider (A) the history of discrimination 113
in the municipality or state, (B) the extent to which protected class 114
electors have been elected to office in the municipality, (C) the use of 115
any qualification for eligibility to be an elector or other prerequisite to 116
voting, or any statute, ordinance, regulation or other law regarding the 117
administration of elections, or any related standard, practice, procedure 118
or policy, by the municipality that may enhance the dilutive effects of 119
the method of election in such municipality, (D) the denial of access of 120
protected class electors or candidates to election administration or 121
campaign finance processes that determine which candidates will 122
receive access to the ballot or financial or other support in a given 123
election in the municipality, (E) the extent to which protected class 124
individuals in the municipality make expenditures, as defined in section 125
9-601b of the general statutes, at lower rates than other individuals in 126
such municipality, (F) the extent to which protected class electors in the 127
municipality or state vote at lower rates than other electors in the 128
municipality or state, as applicable, (G) the extent to which protected 129
class individuals in the municipality are disadvantaged in areas such as 130
education, employment, health, criminal justice, housing, land use or 131
environmental protection, (H) the extent to which protected class 132
individuals in the municipality are disadvantaged in other areas that 133
may hinder their ability to participate effectively in the political process, 134
(I) the use of overt or subtle racial appeals in political campaigns in the 135
municipality, (J) a significant lack of responsiveness by elected officials 136
of the municipality to the particularized needs of protected class 137
individuals, and (K) whether the municipality has a compelling policy 138
justification for employing its particular method of election or its 139
particular ordinance, regulation or other law regarding the 140
administration of elections, or any related standard, practice, procedure 141
or policy. 142
(2) No item for consideration described in subdivision (1) of this 143
subsection shall be dispositive or required for a finding of the existence 144
of racially polarized voting. Evidence of such items concerning the state, 145 Substitute Bill No. 471
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private actors or other surrounding municipalities may be considered, 146
but shall be less probative than evidence concerning the municipality 147
itself. 148
(d) Any aggrieved person, any organization whose membership 149
includes or is likely to include aggrieved persons, any organization 150
whose mission would be frustrated by a violation of this section, any 151
organization that would expend resources in order to fulfill such 152
organization's mission as a result of a violation of this section or the 153
Secretary of the State may file an action pursuant to this section in the 154
superior court for the judicial district in which such municipality is 155
located. 156
(e) (1) Notwithstanding any provision of title 9 of the general statutes 157
and any special act, charter or home rule ordinance, whenever the 158
superior court for the judicial district in which a municipality is located 159
finds a violation of any provision of this section, such court shall order 160
appropriate remedies that are tailored to address such violation in such 161
municipality, including, but not limited to, (A) a district-based method 162
of election, (B) an alternative method of election, (C) new or revised 163
districting or redistricting plans, (D) elimination of staggered elections 164
so that all members of the legislative body are elected at the same time, 165
(E) increasing the size of the legislative body, (F) additional voting 166
hours, (G) additional polling locations, (H) ordering of special elections, 167
(I) requiring expanded opportunities for admission of electors, (J) 168
requiring additional elector education, or (K) the restoration or addition 169
of persons to registry lists. 170
(2) Such court may only order a remedy if such remedy will not 171
diminish the ability of protected class electors to participate in the 172
political process and elect their preferred candidates or otherwise 173
influence the outcome of elections. Such court shall consider remedies 174
proposed by any parties to an action filed pursuant to this section and 175
by other interested persons who are not such parties. In considering a 176
proposed remedy by a municipality, such court shall not give any 177
deference or priority to such remedy. 178 Substitute Bill No. 471
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(f) (1) In the case of any proposal for a municipality to enact and 179
implement (A) a new method of election to replace such municipality's 180
at-large method of election with either a district-based method of 181
election or an alternative method of election, or (B) a new districting or 182
redistricting plan, the legislative body of such municipality shall act in 183
accordance with the provisions of subdivision (2) of this subsection if 184
any such proposal was made after the receipt of a notification letter 185
described in subsection (g) of this section or after the filing of a claim 186
pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-187
110, as amended from time to time. 188
(2) (A) Prior to drawing a draft districting or redistricting plan or 189
plans of the proposed boundaries of the districts, the municipality shall 190
hold at least two public hearings, within a period of not more than thirty 191
days of each other, at which members of the public may provide input 192
regarding the composition of such districts. In advance of such hearings, 193
the municipality shall conduct outreach to members of the public, 194
including to language minority communities, to explain the districting 195
or redistricting process and to encourage such input. 196
(B) After all such draft districting or redistricting plans are drawn, the 197
municipality shall publish and make available for public dissemination 198
at least one such plan and include the potential sequence of elections in 199
the event the members of the legislative body of such municipality 200
would be elected for staggered terms under such plan. The municipality 201
shall hold at least two public hearings, within a period of not more than 202
forty-five days of each other, at which members of the public may 203
provide input regarding the content of such plan or plans and, if 204
applicable, such potential sequence of elections. Such plan or plans shall 205
be published at least seven days prior to consideration at each such 206
hearing. If such plan or plans are revised at or following any such 207
hearing, the municipality shall publish and make available for public 208
dissemination such revised plan or plans at least seven days prior to any 209
adoption of such revised plan or plans. 210
(C) In determining the sequence of elections in the event the members 211 Substitute Bill No. 471
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of the legislative body of such municipality would be elected for 212
staggered terms under any such districting or redistricting plan or 213
plans, such legislative body shall give special consideration to the 214
purposes of sections 1 to 8, inclusive, of this act and take into account 215
the preferences expressed by electors in the districts. 216
(g) (1) Prior to filing an action against a municipality pursuant to this 217
section, any party described in subsection (d) of this section shall send 218
by certified mail, return receipt requested, a notification letter to the 219
clerk of such municipality asserting that such municipality may be in 220
violation of the provisions of sections 1 to 8, inclusive, of this act. 221
(2) (A) No such party may file an action pursuant to this section 222
earlier than fifty days after sending such notification letter to such 223
municipality. 224
(B) Prior to receiving a notification letter, or not later than fifty days 225
after any such notification letter is sent to a municipality, the legislative 226
body of such municipality may pass a resolution (i) affirming such 227
municipality's intention to enact and implement a remedy for a 228
potential violation of the provisions of sections 1 to 8, inclusive, of this 229
act, (ii) setting forth specific measures such municipality will take to 230
facilitate approval and implementation of such a remedy, and (iii) 231
providing a schedule for the enactment and implementation of such a 232
remedy. No party described in subsection (d) of this section may file an 233
action pursuant to this section earlier than ninety days after passage of 234
any such resolution by such legislative body. 235
(C) If, under the laws of the state, the legislative body of a 236
municipality lacks authority to enact or implement a remedy identified 237
in any such resolution within ninety days after the passage of such 238
resolution, or if such municipality is a covered jurisdiction as described 239
in section 5 of this act, such legislative body may take the following 240
measures upon such passage: 241
(i) The municipality shall hold at least one public hearing on any 242 Substitute Bill No. 471
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proposal to remedy any potential violation of the provisions of sections 243
1 to 8, inclusive, of this act, at which members of the public may provide 244
input regarding any such proposed remedies. In advance of such 245
hearing, the municipality shall conduct outreach to members of the 246
public, including to language minority communities, to encourage such 247
input. 248
(ii) The legislative body of such municipality may approve any such 249
proposed remedy that complies with the provisions of sections 1 to 8, 250
inclusive, of this act and submit such proposed remedy to the Secretary 251
of the State. 252
(iii) Notwithstanding any provision of title 9 of the general statutes 253
and any special act, charter or home rule ordinance, the Secretary of the 254
State shall, not later than sixty days after submission of such proposed 255
remedy by such municipality, approve or reject such proposed remedy 256
in accordance with the provisions of this clause. The Secretary may only 257
approve such proposed remedy if the Secretary concludes (I) such 258
municipality may be in violation of the provisions of sections 1 to 8, 259
inclusive, of this act, (II) the proposed remedy would address any such 260
potential violation, (III) the proposed remedy is unlikely to violate the 261
Constitution of Connecticut or any federal law, (IV) the proposed 262
remedy will not diminish the ability of protected class electors to 263
participate in the political process and elect their preferred candidates 264
to office, and (V) implementation of the proposed remedy is feasible. 265
(iv) Notwithstanding any provision of title 9 of the general statutes 266
and any special act, charter or home rule ordinance, if the Secretary of 267
the State approves the proposed remedy, such proposed remedy shall 268
be enacted and implemented immediately. If the municipality is a 269
covered jurisdiction as described in section 5 of this act, such 270
municipality shall not be required to obtain preclearance for such 271
proposed remedy. 272
(v) If the Secretary of the State denies the proposed remedy, (I) such 273
proposed remedy shall not be enacted or implemented, (II) the Secretary 274 Substitute Bill No. 471
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shall set forth the objections to such proposed remedy and explain the 275
basis for such denial, and (III) the Secretary may recommend another 276
proposed remedy that the Secretary would approve. 277
(vi) If the Secretary of the State does not approve or reject such 278
proposed remedy within sixty days after the submission of such 279
proposed remedy by the municipality, the proposed remedy shall not 280
be enacted or implemented. 281
(D) A municipality that has passed a resolution described in 282
subparagraph (B) of this subdivision may enter into an agreement with 283
any party who sent a notification letter described in subdivision (1) of 284
this subsection providing that such party shall not file an action 285
pursuant to this section earlier than ninety days after entering into such 286
agreement. If such party agrees to so enter into such an agreement, such 287
agreement shall require that the municipality either enact and 288
implement a remedy that complies with the provisions of sections 1 to 289
8, inclusive, of this act or pass such a resolution and submit such 290
resolution to the Secretary of the State. If such party declines to so enter 291
into such an agreement, such party may file an action pursuant to this 292
section at any time. 293
(E) If, pursuant to the provisions of this subsection, a municipality 294
enacts or implements a remedy or the Secretary of the State approves a 295
proposed remedy, a party who sent a notification letter described in 296
subdivision (1) of this subsection may, not later than thirty days after 297
such enactment, implementation or approval, submit a claim for 298
reimbursement from such municipality for the costs associated with 299
producing and sending such notification letter. Such party shall submit 300
such claim in writing and substantiate such claim with financial 301
documentation, including a detailed invoice for any demography 302
services or analysis of voting patterns in such municipality. Upon 303
receipt of any such claim, such municipality may request additional 304
financial documentation if that which has been provided by such party 305
is insufficient to substantiate such costs. Such municipality shall 306
reimburse such party for reasonable costs claimed or for an amount to 307 Substitute Bill No. 471
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which such party and such municipality agree, except that the 308
cumulative amount of any such reimbursements to all such parties other 309
than the Secretary of the State shall not exceed forty-three thousand 310
dollars, adjusted in accordance with any change in the consumer price 311
index for all urban consumers as published by the United States 312
Department of Labor, Bureau of Labor Statistics. If any such party and 313
such municipality fail to agree to a reimbursement amount, either such 314
party or such municipality may file an action for a declaratory judgment 315
with the superior court for the judicial district in which such 316
municipality is located for a clarification of rights. 317
(F) (i) Notwithstanding the provisions of this subsection, a party 318
described in subsection (d) of this section may seek preliminary relief 319
for a regular election held in a municipality by filing an action pursuant 320
to this section during the one hundred twenty days prior to such regular 321
election. Not later than the filing of such action, such party shall send a 322
notification letter described in subdivision (1) of this subsection to such 323
municipality. In the event any such action is withdrawn or dismissed as 324
being moot as a result of such municipality's enactment or 325
implementation of a remedy, or the approval by the Secretary of the 326
State of a proposed remedy, any such party may only submit a claim for 327
reimbursement in accordance with the provisions of subparagraph (E) 328
of this subdivision. 329
(ii) In the case of preliminary relief sought pursuant to subparagraph 330
(F)(i) of this subdivision by a party described in subsection (d) of this 331
section, the superior court for the judicial district in which such 332
municipality is located shall grant such relief if such court determines 333
that (I) such party is more likely than not to succeed on the merits, and 334
(II) it is possible to implement an appropriate remedy that would 335
resolve the violation alleged under this section prior to such election. 336
Sec. 3. (NEW) (Effective January 1, 2023) (a) There is established in the 337
office of the Secretary of the State a state-wide database of information 338
necessary to assist the state and any municipality in (1) evaluating 339
whether and to what extent current laws and practices related to 340 Substitute Bill No. 471
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election administration are consistent with the provisions of sections 1 341
to 8, inclusive, of this act, (2) implementing best practices in election 342
administration to further the purposes of said sections, and (3) 343
investigating any potential infringement upon the right to vote. 344
(b) The Secretary of the State shall designate an employee of the office 345
of the Secretary of the State to serve as manager of the state-wide 346
database. Such employee shall hold an advanced degree from an 347
accredited college or university and have expertise in demography, 348
statistical analysis and electoral systems. Such employee shall be 349
responsible for the operation of such state-wide database and shall 350
manage such staff as is necessary to implement and maintain such state-351
wide database. 352
(c) The state-wide database shall maintain in electronic format the 353
following data and records, at a minimum, for no fewer than the prior 354
twelve years: 355
(1) Estimates of total population, voting age population and citizen 356
voting age population by race, color and language minority group, 357
broken down annually to the district level for each municipality, based 358
on information from the United States Census Bureau, including from 359
the American Community Survey, or information of comparable quality 360
collected by a similar governmental agency; 361
(2) Election results at the district level for each state-wide election and 362
each election in each municipality; 363
(3) Contemporaneous registry lists and voter history files for each 364
election in each municipality; 365
(4) Contemporaneous maps, descriptions of boundaries and other 366
similar items, whether in paper or electronic format, for each district; 367
(5) Polling place locations, including, but not limited to, lists of 368
districts associated with such polling locations; 369 Substitute Bill No. 471
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(6) Districting or redistricting plans for each election in each 370
municipality; and 371
(7) Any other information the Secretary of the State deems advisable 372
to maintain in furtherance of the purposes of sections 1 to 8, inclusive, 373
of this act. 374
(d) All data, estimates or other information maintained in the state-375
wide database shall be published on the Internet web site of the office of 376
the Secretary of the State and made available to members of the public 377
at no cost, provided no such data, estimate or other information may 378
identify any individual elector. 379
(e) Each estimate concerning race, color or language minority group 380
prepared pursuant to this section shall be so prepared using the most 381
advanced, peer-reviewed and validated methodologies. 382
(f) At the time the Secretary of the State is prepared to commence 383
administration of the state-wide database established under this section, 384
the Secretary shall submit a report to the joint standing committee of the 385
General Assembly having cognizance of matters relating to elections, in 386
accordance with the provisions of section 11-4a of the general statutes, 387
certifying such fact. Not later than ninety days after such certification, 388
and every third year thereafter, the Secretary shall publish on the 389
Internet web site of the office of the Secretary of the State (1) a list of each 390
municipality required under section 4 of this act to provide assistance to 391
members of language minority groups, and (2) each language in which 392
such municipalities are so required to provide such assistance. The 393
Secretary shall also distribute such information to each municipality. 394
(g) Upon the certification of election results and the completion of the 395
voter history file after each election, each municipality shall transmit, in 396
electronic format, copies of (1) such election results at the district level, 397
(2) contemporaneous registry lists, (3) voter history files, (4) maps, 398
descriptions of boundaries and other similar items, and (5) lists of 399
polling place locations and lists, descriptions or other information for 400 Substitute Bill No. 471
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each district associated with any such polling place location. 401
(h) The office of the Secretary of the State may provide nonpartisan 402
technical assistance to municipalities, researchers and members of the 403
public seeking to use the resources of the state-wide database. 404
(i) In each action filed pursuant to section 2 of this act, there shall be 405
a rebuttable presumption that the data, estimates or other information 406
maintained in the state-wide database is valid. 407
Sec. 4. (NEW) (Effective January 1, 2023) (a) A municipality shall 408
provide language-related assistance in voting and elections to a 409
language minority group in such municipality if the Secretary of the 410
State determines, based on information from the American Community 411
Survey, that: 412
(1) More than two per cent of the citizens of voting age of such 413
municipality are members of a single language minority group and 414
speak English "less than very well" according to said survey; 415
(2) More than four thousand of the citizens of voting age of such 416
municipality are members of a single language minority group and 417
speak English "less than very well" according to said survey; or 418
(3) In the case of a municipality that contains any portion of a Native 419
American reservation, more than two per cent of the Native American 420
citizens of voting age on such Native American reservation are members 421
of a single language minority group and speak English "less than very 422
well" according to said survey. As used in this subdivision, "Native 423
American" includes any person recognized by the United States Census 424
Bureau as "American Indian". 425
(b) Whenever the Secretary of the State determines that a 426
municipality is required to provide language assistance to a particular 427
language minority group, such municipality shall provide voting 428
materials (1) in English, and (2) in the language of each such language 429
minority group of an equal quality to the corresponding English 430 Substitute Bill No. 471
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materials, including registration or voting notices, forms, instructions, 431
assistance, ballots or other materials or information relating to the 432
electoral process, except that in the case of a language minority group 433
where the language of such language minority group is oral or 434
unwritten, including historically unwritten as may be the case for some 435
Native Americans, such municipality may provide only oral 436
instructions, assistance or other information relating to the electoral 437
process to such language minority group. 438
(c) In the case of any municipality described in this section, which 439
seeks to provide only English materials despite a determination by the 440
Secretary of the State under this section that such municipality is 441
required to provide language assistance to a particular language 442
minority group, such municipality may file an action for a declaratory 443
judgment in the superior court for the judicial district in which such 444
municipality is located for permission to provide only English materials. 445
Such court shall enter such declaratory judgment in the municipality's 446
favor if such court finds that the Secretary's determination was 447
unreasonable or an abuse of discretion. 448
(d) Any elector who is a member of a language minority group in a 449
municipality described in this section may file an action in the superior 450
court for the judicial district in which such municipality is located to 451
enforce the provisions of this section. 452
Sec. 5. (NEW) (Effective January 1, 2024) (a) The enactment or 453
implementation of a covered policy, as described in subsection (b) of this 454
section, by a covered jurisdiction, as described in subsection (c) of this 455
section, shall be subject to preclearance by the Secretary of the State or 456
the superior court for the judicial district in which such covered 457
jurisdiction is located. 458
(b) A covered policy includes any new or modified qualification for 459
admission as an elector, prerequisite to voting or ordinance, regulation, 460
standard, practice, procedure or policy concerning: 461 Substitute Bill No. 471
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(1) Districting or redistricting; 462
(2) Method of election; 463
(3) Form of government; 464
(4) Annexation, incorporation, dissolution, consolidation or division 465
of a municipality; 466
(5) Removal of individuals from registry lists or enrollment lists and 467
other activities concerning any such list; 468
(6) Admission of electors; 469
(7) Location or hours of any polling place or number of polling places; 470
(8) Assignment of districts to polling place locations; 471
(9) Assistance offered to protected class individuals; or 472
(10) Any additional subject matter the Secretary of the State may 473
identify for inclusion in this subsection, pursuant to a regulation 474
adopted by the Secretary in accordance with the provisions of chapter 475
54 of the general statutes, if the Secretary determines that any 476
qualification for admission as an elector, prerequisite to voting or 477
ordinance, regulation, standard, practice, procedure or policy 478
concerning such subject matter may have the effect of denying or 479
abridging the right to vote of any protected class elector. 480
(c) A covered jurisdiction includes: 481
(1) Any municipality that, within the prior twenty-five years, has 482
been subject to any court order or government enforcement action based 483
upon a finding of any violation of the provisions of sections 1 to 8, 484
inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 485
as amended from time to time, any state or federal civil rights law, the 486
fifteenth amendment to the United States Constitution or the fourteenth 487
amendment to the United States Constitution concerning the right to 488 Substitute Bill No. 471
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vote or discrimination against any protected class; 489
(2) Any municipality that, within the prior five years, has failed to 490
comply with such municipality's obligations to provide data or 491
information to the state-wide database pursuant to section 3 of this act; 492
(3) Any municipality in which during the prior ten years, based on 493
data from criminal justice information systems, as defined in section 54-494
142q of the general statutes, the combined misdemeanor and felony 495
arrest rate of any protected class consisting of at least one thousand 496
citizens of voting age, or whose members comprise at least ten per cent 497
of the citizen voting age population of such municipality, has exceeded 498
the arrest rate of the entire citizen voting age population of such 499
municipality by at least twenty per cent; or 500
(4) Any municipality in which during the prior ten years, based on 501
data from the United States Census Bureau, the dissimilarity index of 502
any protected class consisting of at least two thousand five hundred 503
citizens of voting age, or whose members comprise at least ten per cent 504
of the citizen voting age population of such municipality, has exceeded 505
fifty per cent with respect to white, non-Hispanic, citizens of voting age 506
within such municipality. 507
(d) (1) If a covered jurisdiction seeks preclearance from the Secretary 508
of the State for the adoption or implementation of any covered policy, 509
such covered jurisdiction shall submit, in writing, such covered policy 510
to the Secretary and may obtain such preclearance in accordance with 511
the provisions of this subsection. 512
(2) When the Secretary of the State receives any such submission of a 513
covered policy: 514
(A) In the case of any covered policy concerning the location of 515
polling places, the Secretary shall grant or deny preclearance not later 516
than thirty days after such receipt, except that if the Secretary grants 517
such preclearance the Secretary may do so preliminarily and reserve the 518
right to subsequently deny such preclearance not later than sixty days 519 Substitute Bill No. 471
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after such receipt; and 520
(B) In the case of any other covered policy, the Secretary shall grant 521
or deny such preclearance not later than sixty days after such receipt, 522
except that in the case of any such covered policy described in this 523
subparagraph that concerns the implementation of a district-based 524
method of election or an alternative method of election, districting or 525
redistricting plans or a change to a municipality's form of government, 526
the Secretary may extend, up to two times, and by ninety days each such 527
time, the time by which to grant or deny such preclearance. 528
(3) Prior to granting or denying such preclearance, the Secretary of 529
the State shall publish notice of the proceedings for making such 530
determination and shall provide an opportunity for any interested party 531
to submit written comments concerning the covered policy and such 532
determination. 533
(4) The Secretary of the State may grant preclearance to a covered 534
policy only if it is determined that such covered policy will not diminish 535
the ability of protected class electors to participate in the electoral 536
process or elect their preferred candidates, and upon such grant the 537
covered jurisdiction may enact and implement such covered policy. 538
(5) (A) If the Secretary of the State denies preclearance to a covered 539
policy, (i) such covered policy shall not be enacted or implemented, and 540
(ii) the Secretary shall set forth the objections to such covered policy and 541
explain the basis for such denial. 542
(B) Any denial under subparagraph (A) of this subdivision may be 543
appealed, in accordance with the provisions of chapter 54 of the general 544
statutes, to the superior court for the judicial district in which the 545
covered jurisdiction is located. Any such appeal shall be privileged with 546
respect to assignment for trial. 547
(6) If the Secretary of the State does not grant or deny such 548
preclearance within the applicable time specified in subdivision (2) of 549
this subsection, such covered policy shall be deemed precleared and the 550 Substitute Bill No. 471
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covered jurisdiction may enact and implement such covered policy. 551
(e) (1) If a covered jurisdiction seeks preclearance from the superior 552
court for the judicial district in which such covered jurisdiction is 553
located for the adoption or implementation of any covered policy, such 554
covered jurisdiction shall submit, in writing, such covered policy to such 555
court and may obtain such preclearance in accordance with the 556
provisions of this subsection, provided (A) such covered jurisdiction 557
shall also contemporaneously transmit to the Secretary of the State a 558
copy of such submission, and (B) failure to so provide such copy shall 559
result in an automatic denial of such preclearance. Notwithstanding the 560
transmission to the Secretary of a copy of any such submission, the court 561
shall exercise exclusive jurisdiction over such submission. 562
(2) Except as provided in subparagraph (B) of subdivision (1) of this 563
subsection, when such court receives any such submission of a covered 564
policy, such court shall grant or deny such preclearance not later than 565
sixty days after such receipt. 566
(3) Such court may grant preclearance to a covered policy only if it is 567
determined that such covered policy will not diminish the ability of 568
protected class electors to participate in the electoral process or elect 569
their preferred candidates, and upon such grant the covered jurisdiction 570
may enact and implement such covered policy. 571
(4) (A) If such court denies preclearance to a covered policy, or does 572
not grant or deny such preclearance within sixty days, such covered 573
policy shall not be enacted or implemented. 574
(B) Any denial under subparagraph (A) of this subdivision may be 575
appealed in accordance with the ordinary rules of appellate procedure. 576
Any such appeal shall be privileged with respect to assignment for 577
appeal. 578
(f) If any covered jurisdiction enacts or implements any covered 579
policy without obtaining preclearance for such covered policy in 580
accordance with the provisions of this section, the Secretary of the State 581 Substitute Bill No. 471
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or any party described in subsection (d) of section 2 of this act may file 582
an action in the superior court for the judicial district in which such 583
covered jurisdiction is located to enjoin such enactment or 584
implementation and seek sanctions against such covered jurisdiction for 585
violations of this section. 586
(g) (1) For a period of one hundred twenty days after the effective 587
date of this section, the Secretary of the State may, in accordance with 588
the provisions of subdivision (2) of this subsection, conduct a look-back 589
review and deny preclearance to any covered policy that was previously 590
enacted by a covered jurisdiction. 591
(2) (A) The Secretary of the State may only initiate a look-back review 592
of any covered policy that was enacted or implemented by a covered 593
jurisdiction on or after January 1, 2023, and prior to January 1, 2024. 594
(B) A look-back review is initiated when the Secretary of the State 595
provides notice to a covered jurisdiction of the Secretary's decision to 596
review a covered policy enacted or implemented by such covered 597
jurisdiction. Such covered jurisdiction shall submit, in writing, such 598
covered policy not later than thirty days after receipt of such notice. 599
(C) Not later than ninety days after such submission, the Secretary of 600
the State shall decide whether such covered jurisdiction may further 601
implement such covered policy. Prior to making such decision, the 602
Secretary shall publish notice of the proceedings for making such 603
decision and shall provide an opportunity for any interested party to 604
submit written comments concerning the covered policy and such 605
decision. 606
(D) (i) The Secretary of the State shall deny further implementation 607
of such covered policy if it is determined that such covered policy is 608
likely to diminish the ability of protected class electors to participate in 609
the political process or elect their preferred candidates. For any such 610
denial, the Secretary shall set forth the objections to such covered policy 611
and explain the basis for such denial. No such denial may provide a 612 Substitute Bill No. 471
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basis for the invalidation of any election held under such covered policy. 613
(ii) Any denial under subparagraph (D)(i) of this subdivision may be 614
appealed, in accordance with the provisions of chapter 54 of the general 615
statutes, to the superior court for the judicial district in which the 616
covered jurisdiction is located. Any such appeal shall be privileged with 617
respect to assignment for trial. 618
(h) The Secretary of the State may adopt regulations, in accordance 619
with the provisions of chapter 54 of the general statutes, to effectuate the 620
purposes of this section. 621
Sec. 6. (NEW) (Effective January 1, 2023) (a) No person, whether acting 622
under color of law or otherwise, may engage in acts of intimidation, 623
deception or obstruction that affect the right of electors to exercise their 624
electoral privileges. 625
(b) The following shall constitute a violation of subsection (a) of this 626
section: 627
(1) Any person who uses or threatens to use any force, violence, 628
restraint, abduction or duress, who inflicts or threatens to inflict any 629
injury, damage, harm or loss, or who in any other manner practices 630
intimidation that causes or will reasonably have the effect of causing 631
any elector to (A) vote or refrain from voting, (B) vote for or against any 632
particular candidate or question, (C) apply or not apply for admission 633
as an elector, or (D) apply or not apply for an absentee ballot; 634
(2) Any person who uses any deceptive or fraudulent device, 635
contrivance or communication that impedes, prevents or otherwise 636
interferes with the electoral privileges of any elector or that causes or 637
will reasonably have the effect of causing any elector to (A) vote or 638
refrain from voting, (B) vote for or against any particular candidate or 639
question, (C) apply or not apply for admission as an elector, or (D) apply 640
or not apply for an absentee ballot; or 641
(3) Any person who obstructs, impedes or otherwise interferes with 642 Substitute Bill No. 471
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access to any polling place or office of any election official or who 643
obstructs, impedes or otherwise interferes with any elector in any 644
manner that causes or will reasonably have the effect of causing any 645
delay in voting or the voting process, including the canvassing or 646
tabulation of ballots. 647
(c) Any aggrieved person, any organization whose membership 648
includes or is likely to include aggrieved persons, any organization 649
whose mission would be frustrated by a violation of this section, any 650
organization that would expend resources in order to fulfill such 651
organization's mission as a result of a violation of this section or the State 652
Elections Enforcement Commission may file an action pursuant to this 653
section in the superior court for the judicial district in which such 654
alleged violation occurred. 655
(d) (1) Notwithstanding any provision of title 9 of the general statutes 656
and any special act, charter or home rule ordinance, whenever such 657
court finds a violation of any provision of this section, such court shall 658
order appropriate remedies that are tailored to address such violation, 659
including, but not limited to, providing for additional time to vote at an 660
election, primary or referendum. 661
(2) Any person who violates the provisions of this section, or who 662
aids in the violation of any of such provisions, shall be liable for any 663
damages awarded by such court, including, but not limited to, nominal 664
damages for any such violation and compensatory or punitive damages 665
for any such wilful violation. 666
Sec. 7. (NEW) (Effective January 1, 2023) In any action or investigation 667
to enforce the provisions of sections 1 to 6, inclusive, of this act, the State 668
Elections Enforcement Commission may examine witnesses, receive 669
oral and documentary evidence, determine material facts and issue 670
subpoenas in accordance with the ordinary rules of civil procedure. 671
Sec. 8. (NEW) (Effective January 1, 2023) In any action to enforce the 672
provisions of sections 1 to 6, inclusive, of this act, the court may award 673 Substitute Bill No. 471
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reasonable attorneys' fees and litigation costs, including, but not limited 674
to, expert witness fees and expenses, to the party that filed such action, 675
other than the state or any municipality, and that prevailed in such 676
action. In the case of a party against whom such action was filed and 677
who prevailed in such action, the court shall not award such party any 678
costs unless such court finds such action to be frivolous, unreasonable 679
or without foundation. 680
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2023 New section
Sec. 2 January 1, 2023 New section
Sec. 3 January 1, 2023 New section
Sec. 4 January 1, 2023 New section
Sec. 5 January 1, 2024 New section
Sec. 6 January 1, 2023 New section
Sec. 7 January 1, 2023 New section
Sec. 8 January 1, 2023 New section
Statement of Legislative Commissioners:
In Section 1, "such as" was changed to "and includes" in Subdiv. (1) for
clarity and "alderman" was changed to "aldermen" in Subdiv. (5) for
accuracy; in Section 2(b)(2), "or" was added after the semi-colon in
Subpara. (A)(i)(II) for accuracy, "in which" was added after "and" in
Subpara. (A)(ii) for clarity and "such a violation" was rewritten to
reference Section 2(b)(1) in Subparas. (C)(viii) and (C)(ix) for clarity and
accuracy; and in Section 5(b), "voting, ordinance" was changed to
"voting or ordinance" and Subdiv. (7) was rewritten for clarity.
GAE Joint Favorable Subst.