Connecticut 2022 Regular Session

Connecticut Senate Bill SB00471 Compare Versions

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7-General Assembly Substitute Bill No. 471
4+LCO No. 3399 1 of 23
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6+General Assembly Raised Bill No. 471
87 February Session, 2022
8+LCO No. 3399
99
10+
11+Referred to Committee on GOVERNMENT ADMINISTRATION
12+AND ELECTIONS
13+
14+
15+Introduced by:
16+(GAE)
1017
1118
1219
1320
1421 AN ACT CONCERNING ELECTIONS AND STATE VOTING RIGHTS.
1522 Be it enacted by the Senate and House of Representatives in General
1623 Assembly convened:
1724
1825 Section 1. (NEW) (Effective January 1, 2023) As used in this section and 1
1926 sections 2 to 8, inclusive, of this act: 2
2027 (1) "Alternative method of election" means a method of electing 3
2128 candidates to the legislative body of a municipality other than an at-4
22-large method of election or a district-based method of election, and 5
23-includes ranked-choice voting, cumulative voting and limited voting; 6
24-(2) (A) "At-large method of election" means a method of electing 7
25-candidates to the legislative body of a municipality (i) in which all such 8
26-candidates are voted upon by all electors of such municipality, (ii) in 9
27-which, for municipalities divided into districts, a candidate for any such 10
28-district is required to reside in such district and all candidates for all 11
29-districts are voted upon by all electors of such municipality, or (iii) that 12
30-combines the methods described in subparagraph (A)(i) or (A)(ii) of this 13
31-subdivision with a district-based method of election; 14
32-(B) "At-large method of election" does not include any alternative 15
33-method of election; 16
34-(3) "District-based method of election" means a method of electing 17 Substitute Bill No. 471
29+large method of election or a district-based method of election; 5
30+(2) "At-large method of election" means a method of electing 6
31+candidates to the legislative body of a municipality (A) in which all such 7
32+candidates are voted upon by all electors of such municipality, (B) in 8
33+which, for municipalities divided into districts, a candidate for any such 9
34+district is required to reside in such district and all candidates for all 10
35+districts are voted upon by all electors of such municipality, or (C) that 11
36+combines the methods described in subparagraph (A) or (B) of this 12
37+subdivision with a district-based method of election; 13
38+(3) "District-based method of election" means a method of electing 14
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41+candidates to the legislative body of a municipality in which, for 15
42+municipalities divided into districts, a candidate for any such district is 16
43+required to reside in such district and candidates for such district are 17
44+voted upon by only the electors of such district; 18
45+(4) "Language minority group" has the same meaning as provided in 19
46+52 USC 10503, as amended from time to time; 20
47+(5) "Legislative body" means the board of alderman, council, board of 21
48+burgesses, board of education, district committee, association 22
49+committee or other similar body, as applicable, of a municipality; 23
50+(5) "Municipality" means any town, city or borough, whether 24
51+consolidated or unconsolidated, any school district, any district, as 25
52+defined in section 7-324 of the general statutes or any other district 26
53+authorized under the general statutes; 27
54+(6) "Protected class" means a group consisting of members of a race, 28
55+color or language minority group; and 29
56+(7) "Racially polarized voting" means voting in which there is a 30
57+difference between the candidate or electoral choice preferred by 31
58+protected class electors and the candidate or electoral choice preferred 32
59+by all other electors. 33
60+Sec. 2. (NEW) (Effective January 1, 2023) (a) (1) No qualification for 34
61+eligibility to be an elector or other prerequisite to voting, and no 35
62+ordinance, regulation or other law regarding the administration of 36
63+elections, or any related standard, practice, procedure or policy, may be 37
64+enacted or implemented in a manner that results in the denial or 38
65+abridgement of the right to vote for any protected class individual. 39
66+(2) Any impairment of the ability of protected class electors to elect 40
67+candidates of their choice or otherwise influence the outcome of 41
68+elections, based on the totality of the circumstances, shall constitute a 42
69+violation of subdivision (1) of this subsection. 43
70+(3) In determining whether a violation of subdivision (1) of this 44
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73+subsection has occurred, the superior court for the judicial district in 45
74+which the municipality is located may consider the extent to which 46
75+protected class electors (A) have been elected to office in the state or the 47
76+municipality in which such violation is alleged, and (B) vote at lower 48
77+rates than all other electors in the state or the municipality in which such 49
78+violation is alleged. 50
79+(b) (1) No method of election may have the effect of impairing the 51
80+ability of protected class electors to elect candidates of their choice or 52
81+otherwise influence the outcome of elections as a result of abridging the 53
82+right to vote for such electors or diluting the vote of such electors. 54
83+(2) (A) The following shall constitute a violation of subdivision (1) of 55
84+this subsection: 56
85+(i) Any municipality that employs an at-large method of election and 57
86+in which (I) racially polarized voting by protected class electors occurs, 58
87+or (II) based on the totality of the circumstances, the ability of such 59
88+electors to elect candidates of their choice or otherwise influence the 60
89+outcome of elections is impaired; 61
90+(ii) Any municipality that employs a district-based method of election 62
91+or an alternative method of election, in which the candidates or electoral 63
92+choices preferred by protected class electors would usually be defeated 64
93+and (I) racially polarized voting by protected class electors occurs, or (II) 65
94+based on the totality of the circumstances, the ability of such electors to 66
95+elect candidates of their choice or otherwise influence the outcome of 67
96+elections is impaired. 68
97+(B) Any use of race, color, language minority group or any 69
98+characteristic that serves as a proxy for race, color or language minority 70
99+group for the purpose of districting or redistricting shall presumptively 71
100+constitute a violation of subdivision (1) of this subsection, provided a 72
101+municipality may rebut this presumption by demonstrating that race, 73
102+color, language minority group or any characteristic that serves as a 74
103+proxy for race, color or language minority group was so used only to 75
104+the extent necessary to comply with the provisions of sections 1 to 8, 76
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41-candidates to the legislative body of a municipality in which, for 18
42-municipalities divided into districts, a candidate for any such district is 19
43-required to reside in such district and candidates for such district are 20
44-voted upon by only the electors of such district; 21
45-(4) "Language minority group" has the same meaning as provided in 22
46-52 USC 10503, as amended from time to time; 23
47-(5) "Legislative body" means the board of aldermen, council, board of 24
48-burgesses, board of education, district committee, association 25
49-committee or other similar body, as applicable, of a municipality; 26
50-(6) "Municipality" means any town, city or borough, whether 27
51-consolidated or unconsolidated, any school district, any district, as 28
52-defined in section 7-324 of the general statutes, or any other district 29
53-authorized under the general statutes; 30
54-(7) "Protected class" means a class of citizens who are members of a 31
55-race, color or language minority group, as referenced in 52 USC 32
56-10301(a), as amended from time to time; and 33
57-(8) "Racially polarized voting" means voting in which there is a 34
58-difference between the candidate or electoral choice preferred by 35
59-protected class electors and the candidate or electoral choice preferred 36
60-by all other electors. 37
61-Sec. 2. (NEW) (Effective January 1, 2023) (a) (1) No qualification for 38
62-eligibility to be an elector or other prerequisite to voting, and no 39
63-ordinance, regulation or other law regarding the administration of 40
64-elections, or any related standard, practice, procedure or policy, may be 41
65-enacted or implemented in a manner that results in the denial or 42
66-abridgement of the right to vote for any protected class individual. 43
67-(2) Any impairment of the ability of protected class electors to elect 44
68-candidates of their choice or otherwise influence the outcome of 45
69-elections, based on the totality of the circumstances, shall constitute a 46
70-violation of subdivision (1) of this subsection. 47 Substitute Bill No. 471
107+inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 77
108+as amended from time to time, the Constitution of Connecticut or the 78
109+Constitution of the United States. 79
110+(C) In determining whether racially polarized voting by protected 80
111+class electors in a municipality occurs or whether candidates or electoral 81
112+choices preferred by protected class electors would usually be defeated, 82
113+the superior court for the judicial district in which the municipality is 83
114+located (i) shall consider elections held prior to the filing of an action 84
115+pursuant to this section as more probative than elections conducted 85
116+after such filing, (ii) shall consider evidence concerning elections for 86
117+members of the legislative body of such municipality as more probative 87
118+than evidence concerning elections for other municipal officials, (iii) 88
119+shall consider statistical evidence as more probative than nonstatistical 89
120+evidence, (iv) in the case of evidence that two or more protected classes 90
121+of electors are politically cohesive in such municipality, may combine 91
122+electors of such protected classes, (v) shall not require evidence 92
123+concerning the intent of electors, elected officials or such municipality 93
124+to discriminate against protected class electors is not required, (vi) shall 94
125+not consider evidence of explanations for voting patterns and election 95
126+outcomes other than racially polarized voting, including, but not limited 96
127+to, partisanship, (vii) shall not consider evidence that subgroups of 97
128+protected class electors have different voting patterns, (viii) shall not 98
129+consider evidence concerning whether protected class electors are 99
130+geographically compact or concentrated, but may use such evidence to 100
131+appropriately remedy such violation, and (ix) shall not consider 101
132+evidence concerning projected changes in population or demographics, 102
133+but may use such evidence to appropriately remedy such violation. 103
134+(c) (1) In determining whether, based on the totality of the 104
135+circumstances, the ability of protected class electors to elect candidates 105
136+of their choice or otherwise influence the outcome of elections is 106
137+impaired, the superior court for the judicial district in which a 107
138+municipality is located may consider (A) the history of discrimination 108
139+in the municipality or state, (B) the extent to which protected class 109
140+electors have been elected to office in the municipality, (C) the use of 110
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143+any qualification for eligibility to be an elector or other prerequisite to 111
144+voting, or any statute, ordinance, regulation or other law regarding the 112
145+administration of elections, or any related standard, practice, procedure 113
146+or policy, by the municipality that may enhance the dilutive effects of 114
147+the method of election in such municipality, (D) the denial of access of 115
148+protected class electors or candidates to election administration or 116
149+campaign finance processes that determine which candidates will 117
150+receive access to the ballot or financial or other support in a given 118
151+election in the municipality, (E) the extent to which protected class 119
152+individuals in the municipality make expenditures, as defined in section 120
153+9-601b of the general statutes, at lower rates than all other individuals 121
154+in such municipality, (F) the extent to which protected class electors in 122
155+the municipality or state vote at lower rates than all other electors in the 123
156+municipality or state, as applicable, (G) the extent to which protected 124
157+class individuals in the municipality are disadvantaged in areas such as 125
158+education, employment, health, criminal justice, housing, land use or 126
159+environmental protection, (H) the extent to which protected class 127
160+individuals in the municipality are disadvantaged in other areas that 128
161+may hinder their ability to participate effectively in the political process, 129
162+(I) the use of overt or subtle racial appeals in political campaigns in the 130
163+municipality, (J) a significant lack of responsiveness by elected officials 131
164+of the municipality to the particularized needs of protected class 132
165+individuals, and (K) whether the municipality has a compelling policy 133
166+justification for employing its particular method of election or its 134
167+particular ordinance, regulation or other law regarding the 135
168+administration of elections, or any related standard, practice, procedure 136
169+or policy. 137
170+(2) No item for consideration described in subdivision (1) of this 138
171+subsection shall be dispositive or required for a finding of the existence 139
172+of racially polarized voting. Evidence of such items concerning the state, 140
173+private actors or other surrounding municipalities may be considered, 141
174+but shall be less probative than evidence concerning the municipality 142
175+itself. 143
176+(d) Any aggrieved person, any organization whose membership 144
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179+includes or is likely to include aggrieved persons, any organization 145
180+whose mission would be frustrated by a violation of this section, any 146
181+organization that would expend resources in order to fulfill such 147
182+organization's mission as a result of a violation of this section or the 148
183+Secretary of the State may file an action pursuant to this section in the 149
184+superior court for the judicial district in which such municipality is 150
185+located. 151
186+(e) (1) Notwithstanding any provision of title 9 of the general statutes 152
187+and any special act, charter or home rule ordinance, whenever the 153
188+superior court for the judicial district in which a municipality is located 154
189+finds a violation of any provision of this section, such court shall order 155
190+appropriate remedies that are tailored to address such violation in such 156
191+municipality, including, but not limited to, (A) a district-based method 157
192+of election, (B) an alternative method of election, (C) new or revised 158
193+districting or redistricting plans, (D) elimination of staggered elections 159
194+so that all members of the legislative body are elected at the same time, 160
195+(E) increasing the size of the legislative body, (F) additional voting 161
196+hours, (G) additional polling locations, (H) ordering of special elections, 162
197+(I) requiring expanded opportunities for admission of electors, (J) 163
198+requiring additional elector education, or (K) the restoration or addition 164
199+of persons to registry lists. 165
200+(2) Such court may only order a remedy if such remedy will not 166
201+diminish the ability of protected class electors to participate in the 167
202+political process and elect their preferred candidates or otherwise 168
203+influence the outcome of elections. Such court shall consider remedies 169
204+proposed by any parties to an action filed pursuant to this section and 170
205+by other interested persons who are not such parties. In considering a 171
206+proposed remedy by a municipality, such court shall not give any 172
207+deference or priority to such remedy. 173
208+(f) (1) In the case of any proposal for a municipality to enact and 174
209+implement (A) a new method of election to replace such municipality's 175
210+at-large method of election with either a district-based method of 176
211+election or an alternative method of election, or (B) a new districting or 177
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77-(3) In determining whether a violation of subdivision (1) of this 48
78-subsection has occurred, the superior court for the judicial district in 49
79-which the municipality is located may consider the extent to which 50
80-protected class electors (A) have been elected to office in the state or the 51
81-municipality in which such violation is alleged, and (B) vote at lower 52
82-rates than other electors in the state or the municipality in which such 53
83-violation is alleged. 54
84-(b) (1) No method of election may have the effect of impairing the 55
85-ability of protected class electors to elect candidates of their choice or 56
86-otherwise influence the outcome of elections as a result of abridging the 57
87-right to vote for such electors or diluting the vote of such electors. 58
88-(2) (A) The following shall constitute a violation of subdivision (1) of 59
89-this subsection: 60
90-(i) Any municipality that employs an at-large method of election and 61
91-in which (I) racially polarized voting by protected class electors occurs, 62
92-or (II) based on the totality of the circumstances, the ability of such 63
93-electors to elect candidates of their choice or otherwise influence the 64
94-outcome of elections is impaired; or 65
95-(ii) Any municipality that employs a district-based method of election 66
96-or an alternative method of election, in which the candidates or electoral 67
97-choices preferred by protected class electors would usually be defeated 68
98-and in which (I) racially polarized voting by protected class electors 69
99-occurs, or (II) based on the totality of the circumstances, the ability of 70
100-such electors to elect candidates of their choice or otherwise influence 71
101-the outcome of elections is impaired. 72
102-(B) Any use of race, color, language minority group or any 73
103-characteristic that serves as a proxy for race, color or language minority 74
104-group for the purpose of districting or redistricting shall presumptively 75
105-constitute a violation of subdivision (1) of this subsection, provided a 76
106-municipality may rebut this presumption by demonstrating that race, 77
107-color, language minority group or any characteristic that serves as a 78 Substitute Bill No. 471
214+redistricting plan, the legislative body of such municipality shall act in 178
215+accordance with the provisions of subdivision (2) of this subsection if 179
216+any such proposal was made after the receipt of a notification letter 180
217+described in subsection (g) of this section or after the filing of a claim 181
218+pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-182
219+110, as amended from time to time. 183
220+(2) (A) Prior to drawing a draft districting or redistricting plan or 184
221+plans of the proposed boundaries of the districts, the municipality shall 185
222+hold at least two public hearings, within a period of not more than thirty 186
223+days of each other, at which members of the public may provide input 187
224+regarding the composition of such districts. In advance of such hearings, 188
225+the municipality may conduct outreach to members of the public, 189
226+including to language minority communities, to explain the districting 190
227+or redistricting process and to encourage such input. 191
228+(B) After all such draft districting or redistricting plans are drawn, the 192
229+municipality shall publish and make available for public dissemination 193
230+at least one such plan and include the potential sequence of elections in 194
231+the event the members of the legislative body of such municipality 195
232+would be elected for staggered terms under such plan. The municipality 196
233+shall hold at least two public hearings, within a period of not more than 197
234+forty-five days of each other, at which members of the public may 198
235+provide input regarding the content of such plan or plans and, if 199
236+applicable, such potential sequence of elections. Such plan or plans shall 200
237+be published at least seven days prior to consideration at each such 201
238+hearing. If such plan or plans are revised at or following any such 202
239+hearing, the municipality shall publish and make available for public 203
240+dissemination such revised plan or plans at least seven days prior to any 204
241+adoption of such revised plan or plans. 205
242+(C) In determining the sequence of elections in the event the members 206
243+of the legislative body of such municipality would be elected for 207
244+staggered terms under any such districting or redistricting plan or 208
245+plans, such legislative body shall give special consideration to the 209
246+purposes of sections 1 to 8, inclusive, of this act and take into account 210
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249+the preferences expressed by electors in the districts. 211
250+(g) (1) Prior to filing an action against a municipality pursuant to this 212
251+section, any party described in subsection (d) of this section shall send 213
252+by certified mail, return receipt requested, a notification letter to the 214
253+clerk of such municipality asserting that such municipality may be in 215
254+violation of the provisions of sections 1 to 8, inclusive, of this act. 216
255+(2) (A) No such party may file an action pursuant to this section 217
256+earlier than fifty days after sending such notification letter to such 218
257+municipality. 219
258+(B) Prior to receiving a notification letter, or not later than fifty days 220
259+after any such notification letter is sent to a municipality, the legislative 221
260+body of such municipality may pass a resolution (i) affirming such 222
261+municipality's intention to enact and implement a remedy for a 223
262+potential violation of the provisions of sections 1 to 8, inclusive, of this 224
263+act, (ii) setting forth specific measures such municipality will take to 225
264+facilitate approval and implementation of such a remedy, and (iii) 226
265+providing a schedule for the enactment and implementation of such a 227
266+remedy. No party described in subsection (d) of this section may file an 228
267+action pursuant to this section earlier than ninety days after passage of 229
268+any such resolution by such legislative body. 230
269+(C) If, under the laws of the state, the legislative body of a 231
270+municipality lacks authority to enact or implement a remedy identified 232
271+in any such resolution within ninety days after the passage of such 233
272+resolution, or if such municipality is a covered jurisdiction as described 234
273+in section 5 of this act, such legislative body may take the following 235
274+measures upon such passage: 236
275+(i) The municipality shall hold at least one public hearing on any 237
276+proposal to remedy any potential violation of the provisions of sections 238
277+1 to 8, inclusive, of this act, at which members of the public may provide 239
278+input regarding any such proposed remedies. In advance of such 240
279+hearing, the municipality may conduct outreach to members of the 241
280+public, including to language minority communities, to encourage such 242
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283+input. 243
284+(ii) The legislative body of such municipality may approve any such 244
285+proposed remedy that complies with the provisions of sections 1 to 8, 245
286+inclusive, of this act and submit such proposed remedy to the Secretary 246
287+of the State. 247
288+(iii) Notwithstanding any provision of title 9 of the general statutes 248
289+and any special act, charter or home rule ordinance, the Secretary of the 249
290+State shall, not later than sixty days after submission of such proposed 250
291+remedy by such municipality, approve or reject such proposed remedy 251
292+in accordance with the provisions of this clause. The Secretary may only 252
293+approve such proposed remedy if the Secretary concludes (I) such 253
294+municipality may be in violation of the provisions of sections 1 to 8, 254
295+inclusive, of this act, (II) the proposed remedy would address any such 255
296+potential violation, (III) the proposed remedy is unlikely to violate the 256
297+Constitution of Connecticut or any federal law, (IV) the proposed 257
298+remedy will not diminish the ability of protected class electors to 258
299+participate in the political process and elect their preferred candidates 259
300+to office, and (V) implementation of the proposed remedy is feasible. 260
301+(iv) Notwithstanding any provision of title 9 of the general statutes 261
302+and any special act, charter or home rule ordinance, if the Secretary of 262
303+the State approves the proposed remedy, such proposed remedy shall 263
304+be enacted and implemented immediately. If the municipality is a 264
305+covered jurisdiction as described in section 5 of this act, such 265
306+municipality shall not be required to obtain preclearance for such 266
307+proposed remedy. 267
308+(v) If the Secretary of the State denies the proposed remedy, (I) such 268
309+proposed remedy shall not be enacted or implemented, (II) the Secretary 269
310+shall set forth the objections to such proposed remedy and explain the 270
311+basis for such denial, and (III) the Secretary may recommend another 271
312+proposed remedy that the Secretary would approve. 272
313+(vi) If the Secretary of the State does not approve or reject such 273
314+proposed remedy within sixty days after the submission of such 274
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114-proxy for race, color or language minority group was so used only to 79
115-the extent necessary to comply with the provisions of sections 1 to 8, 80
116-inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 81
117-as amended from time to time, the Constitution of Connecticut or the 82
118-Constitution of the United States. 83
119-(C) In determining whether racially polarized voting by protected 84
120-class electors in a municipality occurs or whether candidates or electoral 85
121-choices preferred by protected class electors would usually be defeated, 86
122-the superior court for the judicial district in which the municipality is 87
123-located (i) shall consider elections held prior to the filing of an action 88
124-pursuant to this section as more probative than elections conducted 89
125-after such filing, (ii) shall consider evidence concerning elections for 90
126-members of the legislative body of such municipality as more probative 91
127-than evidence concerning elections for other municipal officials, (iii) 92
128-shall consider statistical evidence as more probative than nonstatistical 93
129-evidence, (iv) in the case of evidence that two or more protected classes 94
130-of electors are politically cohesive in such municipality, may combine 95
131-electors of such protected classes, (v) shall not require evidence 96
132-concerning the intent of electors, elected officials or such municipality 97
133-to discriminate against protected class electors, (vi) shall not consider 98
134-evidence of explanations for voting patterns and election outcomes 99
135-other than racially polarized voting, including, but not limited to, 100
136-partisanship, (vii) shall not consider evidence that subgroups of 101
137-protected class electors have different voting patterns, (viii) shall not 102
138-consider evidence concerning whether protected class electors are 103
139-geographically compact or concentrated, but may use such evidence to 104
140-appropriately remedy a violation of subdivision (1) of this subsection, 105
141-and (ix) shall not consider evidence concerning projected changes in 106
142-population or demographics, but may use such evidence to 107
143-appropriately remedy a violation of said subdivision. 108
144-(c) (1) In determining whether, based on the totality of the 109
145-circumstances, the ability of protected class electors to elect candidates 110
146-of their choice or otherwise influence the outcome of elections is 111 Substitute Bill No. 471
317+proposed remedy by the municipality, the proposed remedy shall not 275
318+be enacted or implemented. 276
319+(D) A municipality that has passed a resolution described in 277
320+subparagraph (B) of this subdivision may enter into an agreement with 278
321+any party who sent a notification letter described in subdivision (1) of 279
322+this subsection providing that such party shall not file an action 280
323+pursuant to this section earlier than ninety days after entering into such 281
324+agreement. If such party agrees to so enter into such an agreement, such 282
325+agreement shall require that the municipality either enact and 283
326+implement a remedy that complies with the provisions of sections 1 to 284
327+8, inclusive, of this act or pass such a resolution and submit such 285
328+resolution to the Secretary of the State. If such party declines to so enter 286
329+into such an agreement, such party may file an action pursuant to this 287
330+section at any time. 288
331+(E) If, pursuant to the provisions of this subsection, a municipality 289
332+enacts or implements a remedy or the Secretary of the State approves a 290
333+proposed remedy, a party who sent a notification letter described in 291
334+subdivision (1) of this subsection may, not later than thirty days after 292
335+such enactment, implementation or approval, submit a claim for 293
336+reimbursement from such municipality for the costs associated with 294
337+producing and sending such notification letter. Such party shall submit 295
338+such claim in writing and substantiate such claim with financial 296
339+documentation, including a detailed invoice for any demography 297
340+services or analysis of voting patterns in such municipality. Upon 298
341+receipt of any such claim, such municipality may request additional 299
342+financial documentation if that which has been provided by such party 300
343+is insufficient to substantiate such costs. Such municipality shall 301
344+reimburse such party for reasonable costs claimed or for an amount to 302
345+which such party and such municipality agree, except that the 303
346+cumulative amount of any such reimbursements to all such parties other 304
347+than the Secretary of the State shall not exceed forty-three thousand 305
348+dollars, adjusted in accordance with any change in the consumer price 306
349+index for all urban consumers as published by the United States 307
350+Department of Labor, Bureau of Labor Statistics. If any such party and 308
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353+such municipality fail to agree to a reimbursement amount, either such 309
354+party or such municipality may file an action for a declaratory judgment 310
355+with the superior court for the judicial district in which such 311
356+municipality is located for a clarification of rights. 312
357+(F) (i) Notwithstanding the provisions of this subsection, a party 313
358+described in subsection (d) of this section may seek preliminary relief 314
359+for a regular election held in a municipality by filing an action pursuant 315
360+to this section during the one hundred twenty days prior to such regular 316
361+election. Not later than the filing of such action, such party shall send a 317
362+notification letter described in subdivision (1) of this subsection to such 318
363+municipality. In the event any such action is withdrawn or dismissed as 319
364+being moot as a result of such municipality's enactment or 320
365+implementation of a remedy, or the approval by the Secretary of the 321
366+State of a proposed remedy, any such party may only submit a claim for 322
367+reimbursement in accordance with the provisions of subparagraph (E) 323
368+of this subdivision. 324
369+(ii) In the case of preliminary relief sought pursuant to subparagraph 325
370+(F)(i) of this subdivision by a party described in subsection (d) of this 326
371+section, the superior court for the judicial district in which such 327
372+municipality is located may grant such relief if such court determines 328
373+that (I) such party is more likely than not to succeed on the merits, and 329
374+(II) it is possible to implement an appropriate remedy that would 330
375+resolve the violation alleged under this section prior to such election. 331
376+Sec. 3. (NEW) (Effective January 1, 2023) (a) There is established in the 332
377+office of the Secretary of the State a state-wide database of information 333
378+necessary to assist the state and any municipality in (1) evaluating 334
379+whether and to what extent current laws and practices related to 335
380+election administration are consistent with the provisions of sections 1 336
381+to 8, inclusive, of this act, (2) implementing best practices in election 337
382+administration to further the purposes of said sections, and (3) 338
383+investigating any potential infringement upon the right to vote. 339
384+(b) The Secretary of the State shall designate an employee of the office 340
385+of the Secretary of the State to serve as director of the state-wide 341
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388+database. Such employee shall have doctoral level expertise in 342
389+demography, statistical analysis and electoral systems. Such employee 343
390+shall be responsible for the operation of such state-wide database and 344
391+shall manage such staff as is necessary to implement and maintain such 345
392+state-wide database. 346
393+(c) The state-wide database shall maintain in electronic format the 347
394+following data and records, at a minimum, for no fewer than the prior 348
395+twelve years: 349
396+(1) Estimates of total population, voting age population and citizen 350
397+voting age population by race, color and language minority group, 351
398+broken down annually to the district level for each municipality, based 352
399+on information from the United States Census Bureau, including from 353
400+the American Community Survey, or information of comparable quality 354
401+collected by a similar governmental agency; 355
402+(2) Election results at the district level for each state-wide election and 356
403+each election in each municipality; 357
404+(3) Contemporaneous registry lists and voter history files for each 358
405+election in each municipality; 359
406+(4) Contemporaneous maps, descriptions of boundaries and other 360
407+similar items, whether in paper or electronic format, for each district; 361
408+(5) Polling place locations, including, but not limited to, lists of 362
409+districts associated with such polling locations; 363
410+(6) Districting or redistricting plans for each election in each 364
411+municipality; and 365
412+(7) Any other information the director of the state-wide database 366
413+deems advisable to maintain in furtherance of the purposes of sections 367
414+1 to 8, inclusive, of this act. 368
415+(d) All data, estimates or other information maintained in the state-369
416+wide database shall be published on the Internet web site of the office of 370
417+LCO No. 3399 13 of 23
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153-impaired, the superior court for the judicial district in which a 112
154-municipality is located may consider (A) the history of discrimination 113
155-in the municipality or state, (B) the extent to which protected class 114
156-electors have been elected to office in the municipality, (C) the use of 115
157-any qualification for eligibility to be an elector or other prerequisite to 116
158-voting, or any statute, ordinance, regulation or other law regarding the 117
159-administration of elections, or any related standard, practice, procedure 118
160-or policy, by the municipality that may enhance the dilutive effects of 119
161-the method of election in such municipality, (D) the denial of access of 120
162-protected class electors or candidates to election administration or 121
163-campaign finance processes that determine which candidates will 122
164-receive access to the ballot or financial or other support in a given 123
165-election in the municipality, (E) the extent to which protected class 124
166-individuals in the municipality make expenditures, as defined in section 125
167-9-601b of the general statutes, at lower rates than other individuals in 126
168-such municipality, (F) the extent to which protected class electors in the 127
169-municipality or state vote at lower rates than other electors in the 128
170-municipality or state, as applicable, (G) the extent to which protected 129
171-class individuals in the municipality are disadvantaged in areas such as 130
172-education, employment, health, criminal justice, housing, land use or 131
173-environmental protection, (H) the extent to which protected class 132
174-individuals in the municipality are disadvantaged in other areas that 133
175-may hinder their ability to participate effectively in the political process, 134
176-(I) the use of overt or subtle racial appeals in political campaigns in the 135
177-municipality, (J) a significant lack of responsiveness by elected officials 136
178-of the municipality to the particularized needs of protected class 137
179-individuals, and (K) whether the municipality has a compelling policy 138
180-justification for employing its particular method of election or its 139
181-particular ordinance, regulation or other law regarding the 140
182-administration of elections, or any related standard, practice, procedure 141
183-or policy. 142
184-(2) No item for consideration described in subdivision (1) of this 143
185-subsection shall be dispositive or required for a finding of the existence 144
186-of racially polarized voting. Evidence of such items concerning the state, 145 Substitute Bill No. 471
419+the Secretary of the State and made available to members of the public 371
420+at no cost, provided no such data, estimate or other information may 372
421+identify any individual elector. 373
422+(e) Each estimate concerning race, color or language minority group 374
423+prepared pursuant to this section shall be so prepared using the most 375
424+advanced, peer-reviewed and validated methodologies. 376
425+(f) Not later than February 28, 2023, and every third year thereafter, 377
426+the director of the state-wide database shall publish on the Internet web 378
427+site of the office of the Secretary of the State (1) a list of each municipality 379
428+required under section 4 of this act to provide assistance to members of 380
429+language minority groups, and (2) each language in which such 381
430+municipalities are so required to provide such assistance. The director 382
431+shall also distribute such information to each municipality. 383
432+(g) Upon the certification of election results and the completion of the 384
433+voter history file after each election, each municipality shall transmit, in 385
434+electronic format, copies of (1) such election results at the district level, 386
435+(2) contemporaneous registry lists, (3) voter history files, (4) maps, 387
436+descriptions of boundaries and other similar items, and (5) lists of 388
437+polling place locations and lists, descriptions or other information for 389
438+each district associated with any such polling place location. 390
439+(h) The director of the state-wide database and the staff managed 391
440+thereby may provide nonpartisan technical assistance to municipalities, 392
441+researchers and members of the public seeking to use the resources of 393
442+the state-wide database. 394
443+(i) In each action filed pursuant to section 2 of this act, there shall be 395
444+a rebuttable presumption that the data, estimates or other information 396
445+maintained by the state-wide database is valid. 397
446+Sec. 4. (NEW) (Effective January 1, 2023) (a) A municipality shall 398
447+provide language-related assistance in voting and elections to a 399
448+language minority group in such municipality if the director of the state-400
449+wide database determines, based on information from the American 401
450+LCO No. 3399 14 of 23
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452+Community Survey, that: 402
453+(1) More than two per cent of the citizens of voting age of such 403
454+municipality are members of a single language minority group and 404
455+speak English "less than very well" according to said survey; 405
456+(2) More than four thousand of the citizens of voting age of such 406
457+municipality are members of a single language minority group and 407
458+speak English "less than very well" according to said survey; or 408
459+(3) In the case of a municipality that contains any portion of a Native 409
460+American reservation, more than two per cent of the Native American 410
461+citizens of voting age on such Native American reservation are members 411
462+of a single language minority group and speak English "less than very 412
463+well" according to said survey. As used in this subdivision, "Native 413
464+American" includes any person recognized by the United States Census 414
465+Bureau as "American Indian". 415
466+(b) Whenever the director of the state-wide database determines that 416
467+a municipality is required to provide language assistance to a particular 417
468+language minority group, such municipality shall provide voting 418
469+materials (1) in English, and (2) in the language of each such language 419
470+minority group of an equal quality to the corresponding English 420
471+materials, including registration or voting notices, forms, instructions, 421
472+assistance, ballots or other materials or information relating to the 422
473+electoral process, except that in the case of a language minority group 423
474+where the language of such language minority group is oral or 424
475+unwritten, including historically unwritten as may be the case for some 425
476+Native Americans, such municipality may provide only oral 426
477+instructions, assistance or other information relating to the electoral 427
478+process to such language minority group. 428
479+(c) In the case of any municipality described in this section, which 429
480+seeks to provide only English materials despite a determination by the 430
481+director of the state-wide database under this section that such 431
482+municipality is required to provide language assistance to a particular 432
483+language minority group, such municipality may file an action for a 433
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486+declaratory judgment in the superior court for the judicial district in 434
487+which such municipality is located for permission to provide only 435
488+English materials. Such court shall enter such declaratory judgment in 436
489+the municipality's favor if such court finds that such director's 437
490+determination was unreasonable or an abuse of discretion. 438
491+Sec. 5. (NEW) (Effective January 1, 2024) (a) The enactment or 439
492+implementation of a covered policy, as described in subsection (b) of this 440
493+section, by a covered jurisdiction, as described in subsection (c) of this 441
494+section, shall be subject to preclearance by the Secretary of the State or 442
495+the superior court for the judicial district in which such covered 443
496+jurisdiction is located. 444
497+(b) A covered policy includes any new or modified qualification for 445
498+admission as an elector, prerequisite to voting, ordinance, regulation, 446
499+standard, practice, procedure or policy concerning: 447
500+(1) Districting or redistricting; 448
501+(2) Method of election; 449
502+(3) Form of government; 450
503+(4) Annexation, incorporation, dissolution, consolidation or division 451
504+of a municipality; 452
505+(5) Removal of individuals from registry lists or enrollment lists and 453
506+other activities concerning any such list; 454
507+(6) Admission of electors; 455
508+(7) Number, location or hours of any polling place; 456
509+(8) Assignment of districts to polling place locations; 457
510+(9) Assistance offered to protected class individuals; or 458
511+(10) Any additional subject matter the Secretary of the State may 459
512+identify for inclusion in this subsection, pursuant to a regulation 460
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193-private actors or other surrounding municipalities may be considered, 146
194-but shall be less probative than evidence concerning the municipality 147
195-itself. 148
196-(d) Any aggrieved person, any organization whose membership 149
197-includes or is likely to include aggrieved persons, any organization 150
198-whose mission would be frustrated by a violation of this section, any 151
199-organization that would expend resources in order to fulfill such 152
200-organization's mission as a result of a violation of this section or the 153
201-Secretary of the State may file an action pursuant to this section in the 154
202-superior court for the judicial district in which such municipality is 155
203-located. 156
204-(e) (1) Notwithstanding any provision of title 9 of the general statutes 157
205-and any special act, charter or home rule ordinance, whenever the 158
206-superior court for the judicial district in which a municipality is located 159
207-finds a violation of any provision of this section, such court shall order 160
208-appropriate remedies that are tailored to address such violation in such 161
209-municipality, including, but not limited to, (A) a district-based method 162
210-of election, (B) an alternative method of election, (C) new or revised 163
211-districting or redistricting plans, (D) elimination of staggered elections 164
212-so that all members of the legislative body are elected at the same time, 165
213-(E) increasing the size of the legislative body, (F) additional voting 166
214-hours, (G) additional polling locations, (H) ordering of special elections, 167
215-(I) requiring expanded opportunities for admission of electors, (J) 168
216-requiring additional elector education, or (K) the restoration or addition 169
217-of persons to registry lists. 170
218-(2) Such court may only order a remedy if such remedy will not 171
219-diminish the ability of protected class electors to participate in the 172
220-political process and elect their preferred candidates or otherwise 173
221-influence the outcome of elections. Such court shall consider remedies 174
222-proposed by any parties to an action filed pursuant to this section and 175
223-by other interested persons who are not such parties. In considering a 176
224-proposed remedy by a municipality, such court shall not give any 177
225-deference or priority to such remedy. 178 Substitute Bill No. 471
515+adopted by the Secretary in accordance with the provisions of chapter 461
516+54 of the general statutes, if the Secretary determines that any 462
517+qualification for admission as an elector, prerequisite to voting, 463
518+ordinance, regulation, standard, practice, procedure or policy 464
519+concerning such subject matter may have the effect of denying or 465
520+abridging the right to vote of any protected class elector. 466
521+(c) A covered jurisdiction includes: 467
522+(1) Any municipality that, within the prior twenty-five years, has 468
523+been subject to any court order or government enforcement action based 469
524+upon a finding of any violation of the provisions of sections 1 to 8, 470
525+inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 471
526+as amended from time to time, any state or federal civil rights law, the 472
527+fifteenth amendment to the United States Constitution or the fourteenth 473
528+amendment to the United States Constitution concerning the right to 474
529+vote or discrimination against any protected class; 475
530+(2) Any municipality that, within the prior five years, has failed to 476
531+comply with such municipality's obligations to provide data or 477
532+information to the state-wide database pursuant to section 3 of this act; 478
533+(3) Any municipality in which during the prior ten years, based on 479
534+data from criminal justice information systems, as defined in section 54-480
535+142q of the general statutes, the combined misdemeanor and felony 481
536+arrest rate of any protected class consisting of at least one thousand 482
537+citizens of voting age, or whose members comprise at least ten per cent 483
538+of the citizen voting age population of such municipality, exceeds the 484
539+arrest rate of the entire citizen voting age population of such 485
540+municipality by at least twenty per cent; or 486
541+(4) Any municipality in which during the prior ten years, based on 487
542+data from the United States Census Bureau, the dissimilarity index of 488
543+any protected class consisting of at least two thousand five hundred 489
544+citizens of voting age, or whose members comprise at least ten per cent 490
545+of the citizen voting age population of such municipality, exceeds fifty 491
546+per cent with respect to white, non-Hispanic, citizens of voting age 492
547+LCO No. 3399 17 of 23
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549+within such municipality. 493
550+(d) (1) If a covered jurisdiction seeks preclearance from the Secretary 494
551+of the State for the adoption or implementation of any covered policy, 495
552+such covered jurisdiction shall submit, in writing, such covered policy 496
553+to the Secretary and may obtain such preclearance in accordance with 497
554+the provisions of this subsection. 498
555+(2) When the Secretary of the State receives any such submission of a 499
556+covered policy: 500
557+(A) In the case of any covered policy concerning the location of 501
558+polling places, the Secretary shall grant or deny preclearance not later 502
559+than thirty days after such receipt, except that if the Secretary grants 503
560+such preclearance the Secretary may do so preliminarily and reserve the 504
561+right to subsequently deny such preclearance not later than sixty days 505
562+after such receipt; and 506
563+(B) In the case of any other covered policy, the Secretary shall grant 507
564+or deny such preclearance not later than sixty days after such receipt, 508
565+except that in the case of any such covered policy described in this 509
566+subparagraph that concerns the implementation of a district-based 510
567+method of election or an alternative method of election, districting or 511
568+redistricting plans or a change to a municipality's form of government, 512
569+the Secretary may extend, up to two times, and by ninety days each such 513
570+time, the time by which to grant or deny such preclearance. 514
571+(3) Prior to granting or denying such preclearance, the Secretary of 515
572+the State shall publish notice of the proceedings for making such 516
573+determination and shall provide an opportunity for any interested party 517
574+to submit written comments concerning the covered policy and such 518
575+determination. 519
576+(4) The Secretary of the State may grant preclearance to a covered 520
577+policy only if it is determined that such covered policy will not diminish 521
578+the ability of protected class electors to participate in the electoral 522
579+process or elect their preferred candidates, and upon such grant the 523
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582+covered jurisdiction may enact and implement such covered policy. 524
583+(5) (A) If the Secretary of the State denies preclearance to a covered 525
584+policy, (i) such covered policy shall not be enacted or implemented, and 526
585+(ii) the Secretary shall set forth the objections to such covered policy and 527
586+explain the basis for such denial. 528
587+(B) Any denial under subparagraph (A) of this subdivision may be 529
588+appealed, in accordance with the provisions of chapter 54 of the general 530
589+statutes, to the superior court for the judicial district in which the 531
590+covered jurisdiction is located. Any such appeal shall be privileged with 532
591+respect to assignment for trial. 533
592+(6) If the Secretary of the State does not grant or deny such 534
593+preclearance within the applicable time specified in subdivision (2) of 535
594+this subsection, such covered policy shall be deemed precleared and the 536
595+covered jurisdiction may enact and implement such covered policy. 537
596+(e) (1) If a covered jurisdiction seeks preclearance from the superior 538
597+court for the judicial district in which such covered jurisdiction is 539
598+located for the adoption or implementation of any covered policy, such 540
599+covered jurisdiction shall submit, in writing, such covered policy to such 541
600+court and may obtain such preclearance in accordance with the 542
601+provisions of this subsection, provided (A) such covered jurisdiction 543
602+shall also contemporaneously transmit to the Secretary of the State a 544
603+copy of such submission, and (B) failure to so provide such copy shall 545
604+result in an automatic denial of such preclearance. Notwithstanding the 546
605+transmission to the Secretary of a copy of any such submission, the court 547
606+shall exercise exclusive jurisdiction over such submission. 548
607+(2) Except as provided in subparagraph (B) of subdivision (1) of this 549
608+subsection, when such court receives any such submission of a covered 550
609+policy, such court shall grant or deny such preclearance not later than 551
610+sixty days after such receipt. 552
611+(3) Such court may grant preclearance to a covered policy only if it is 553
612+determined that such covered policy will not diminish the ability of 554
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232-(f) (1) In the case of any proposal for a municipality to enact and 179
233-implement (A) a new method of election to replace such municipality's 180
234-at-large method of election with either a district-based method of 181
235-election or an alternative method of election, or (B) a new districting or 182
236-redistricting plan, the legislative body of such municipality shall act in 183
237-accordance with the provisions of subdivision (2) of this subsection if 184
238-any such proposal was made after the receipt of a notification letter 185
239-described in subsection (g) of this section or after the filing of a claim 186
240-pursuant to this section or the federal Voting Rights Act of 1965, P.L. 89-187
241-110, as amended from time to time. 188
242-(2) (A) Prior to drawing a draft districting or redistricting plan or 189
243-plans of the proposed boundaries of the districts, the municipality shall 190
244-hold at least two public hearings, within a period of not more than thirty 191
245-days of each other, at which members of the public may provide input 192
246-regarding the composition of such districts. In advance of such hearings, 193
247-the municipality shall conduct outreach to members of the public, 194
248-including to language minority communities, to explain the districting 195
249-or redistricting process and to encourage such input. 196
250-(B) After all such draft districting or redistricting plans are drawn, the 197
251-municipality shall publish and make available for public dissemination 198
252-at least one such plan and include the potential sequence of elections in 199
253-the event the members of the legislative body of such municipality 200
254-would be elected for staggered terms under such plan. The municipality 201
255-shall hold at least two public hearings, within a period of not more than 202
256-forty-five days of each other, at which members of the public may 203
257-provide input regarding the content of such plan or plans and, if 204
258-applicable, such potential sequence of elections. Such plan or plans shall 205
259-be published at least seven days prior to consideration at each such 206
260-hearing. If such plan or plans are revised at or following any such 207
261-hearing, the municipality shall publish and make available for public 208
262-dissemination such revised plan or plans at least seven days prior to any 209
263-adoption of such revised plan or plans. 210
264-(C) In determining the sequence of elections in the event the members 211 Substitute Bill No. 471
615+protected class electors to participate in the electoral process or elect 555
616+their preferred candidates, and upon such grant the covered jurisdiction 556
617+may enact and implement such covered policy. 557
618+(4) (A) If such court denies preclearance to a covered policy, or does 558
619+not grant or deny such preclearance within sixty days, such covered 559
620+policy shall not be enacted or implemented. 560
621+(B) Any denial under subparagraph (A) of this subdivision may be 561
622+appealed in accordance with the ordinary rules of appellate procedure. 562
623+Any such appeal shall be privileged with respect to assignment for 563
624+appeal. 564
625+(f) If any covered jurisdiction enacts or implements any covered 565
626+policy without obtaining preclearance for such covered policy in 566
627+accordance with the provisions of this section, the Secretary of the State 567
628+or any party described in subsection (d) of section 2 of this act may file 568
629+an action in the superior court for the judicial district in which such 569
630+covered jurisdiction is located to enjoin such enactment or 570
631+implementation and seek sanctions against such covered jurisdiction for 571
632+violations of this section. 572
633+(g) (1) For a period of one hundred twenty days after the effective 573
634+date of this section, the Secretary of the State may, in accordance with 574
635+the provisions of subdivision (2) of this subsection, conduct a look-back 575
636+review and deny preclearance to any covered policy that was previously 576
637+enacted by a covered jurisdiction. 577
638+(2) (A) The Secretary of the State may only initiate a look-back review 578
639+of any covered policy that was enacted or implemented by a covered 579
640+jurisdiction on or after January 1, 2023, and prior to January 1, 2024. 580
641+(B) A look-back review is initiated when the Secretary of the State 581
642+provides notice to a covered jurisdiction of the Secretary's decision to 582
643+review a covered policy enacted or implemented by such covered 583
644+jurisdiction. Such covered jurisdiction shall submit, in writing, such 584
645+covered policy not later than thirty days after receipt of such notice. 585
646+LCO No. 3399 20 of 23
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648+(C) Not later than ninety days after such submission, the Secretary of 586
649+the State shall decide whether such covered jurisdiction may further 587
650+implement such covered policy. Prior to making such decision, the 588
651+Secretary shall publish notice of the proceedings for making such 589
652+decision and shall provide an opportunity for any interested party to 590
653+submit written comments concerning the covered policy and such 591
654+decision. 592
655+(D) (i) The Secretary of the State shall deny further implementation 593
656+of such covered policy if it is determined that such covered policy is 594
657+likely to diminish the ability of protected class electors to participate in 595
658+the political process or elect their preferred candidates. For any such 596
659+denial, the Secretary shall set forth the objections to such covered policy 597
660+and explain the basis for such denial. No such denial may provide a 598
661+basis for the invalidation of any election held under such covered policy. 599
662+(ii) Any denial under subparagraph (D)(i) of this subdivision may be 600
663+appealed, in accordance with the provisions of chapter 54 of the general 601
664+statutes, to the superior court for the judicial district in which the 602
665+covered jurisdiction is located. Any such appeal shall be privileged with 603
666+respect to assignment for trial. 604
667+(h) The Secretary of the State may adopt regulations, in accordance 605
668+with the provisions of chapter 54 of the general statutes, to effectuate the 606
669+purposes of this section. 607
670+Sec. 6. (NEW) (Effective January 1, 2023) (a) No person, whether acting 608
671+under color of law or otherwise, may engage in acts of intimidation, 609
672+deception or obstruction that affect the right of electors to exercise their 610
673+electoral privileges. 611
674+(b) The following shall constitute a violation of subsection (a) of this 612
675+section: 613
676+(1) Any person who uses or threatens to use any force, violence, 614
677+restraint, abduction or duress, who inflicts or threatens to inflict any 615
678+injury, damage, harm or loss, or who in any other manner practices 616
679+LCO No. 3399 21 of 23
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681+intimidation that causes or will reasonably have the effect of causing 617
682+any elector to (A) vote or refrain from voting, (B) vote for or against any 618
683+particular candidate or question, (C) apply or not apply for admission 619
684+as an elector, or (D) apply or not apply for an absentee ballot; 620
685+(2) Any person who uses any deceptive or fraudulent device, 621
686+contrivance or communication that impedes, prevents or otherwise 622
687+interferes with the electoral privileges of any elector or that causes or 623
688+will reasonably have the effect of causing any elector to (A) vote or 624
689+refrain from voting, (B) vote for or against any particular candidate or 625
690+question, (C) apply or not apply for admission as an elector, or (D) apply 626
691+or not apply for an absentee ballot; or 627
692+(3) Any person who obstructs, impedes or otherwise interferes with 628
693+access to any polling place or office of any election official or who 629
694+obstructs, impedes or otherwise interferes with any elector in any 630
695+manner that causes or will reasonably have the effect of causing any 631
696+delay in voting or the voting process, including the canvassing or 632
697+tabulation of ballots. 633
698+(c) Any aggrieved person, any organization whose membership 634
699+includes or is likely to include aggrieved persons, any organization 635
700+whose mission would be frustrated by a violation of this section, any 636
701+organization that would expend resources in order to fulfill such 637
702+organization's mission as a result of a violation of this section or the 638
703+Secretary of the State may file an action pursuant to this section in the 639
704+superior court for the judicial district in which such alleged violation 640
705+occurred. 641
706+(d) (1) Notwithstanding any provision of title 9 of the general statutes 642
707+and any special act, charter or home rule ordinance, whenever such 643
708+court finds a violation of any provision of this section, such court shall 644
709+order appropriate remedies that are tailored to address such violation, 645
710+including, but not limited to, providing for additional time to vote at an 646
711+election, primary or referendum. 647
712+(2) Any person who violates the provisions of this section, or who 648
713+LCO No. 3399 22 of 23
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271-of the legislative body of such municipality would be elected for 212
272-staggered terms under any such districting or redistricting plan or 213
273-plans, such legislative body shall give special consideration to the 214
274-purposes of sections 1 to 8, inclusive, of this act and take into account 215
275-the preferences expressed by electors in the districts. 216
276-(g) (1) Prior to filing an action against a municipality pursuant to this 217
277-section, any party described in subsection (d) of this section shall send 218
278-by certified mail, return receipt requested, a notification letter to the 219
279-clerk of such municipality asserting that such municipality may be in 220
280-violation of the provisions of sections 1 to 8, inclusive, of this act. 221
281-(2) (A) No such party may file an action pursuant to this section 222
282-earlier than fifty days after sending such notification letter to such 223
283-municipality. 224
284-(B) Prior to receiving a notification letter, or not later than fifty days 225
285-after any such notification letter is sent to a municipality, the legislative 226
286-body of such municipality may pass a resolution (i) affirming such 227
287-municipality's intention to enact and implement a remedy for a 228
288-potential violation of the provisions of sections 1 to 8, inclusive, of this 229
289-act, (ii) setting forth specific measures such municipality will take to 230
290-facilitate approval and implementation of such a remedy, and (iii) 231
291-providing a schedule for the enactment and implementation of such a 232
292-remedy. No party described in subsection (d) of this section may file an 233
293-action pursuant to this section earlier than ninety days after passage of 234
294-any such resolution by such legislative body. 235
295-(C) If, under the laws of the state, the legislative body of a 236
296-municipality lacks authority to enact or implement a remedy identified 237
297-in any such resolution within ninety days after the passage of such 238
298-resolution, or if such municipality is a covered jurisdiction as described 239
299-in section 5 of this act, such legislative body may take the following 240
300-measures upon such passage: 241
301-(i) The municipality shall hold at least one public hearing on any 242 Substitute Bill No. 471
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308-proposal to remedy any potential violation of the provisions of sections 243
309-1 to 8, inclusive, of this act, at which members of the public may provide 244
310-input regarding any such proposed remedies. In advance of such 245
311-hearing, the municipality shall conduct outreach to members of the 246
312-public, including to language minority communities, to encourage such 247
313-input. 248
314-(ii) The legislative body of such municipality may approve any such 249
315-proposed remedy that complies with the provisions of sections 1 to 8, 250
316-inclusive, of this act and submit such proposed remedy to the Secretary 251
317-of the State. 252
318-(iii) Notwithstanding any provision of title 9 of the general statutes 253
319-and any special act, charter or home rule ordinance, the Secretary of the 254
320-State shall, not later than sixty days after submission of such proposed 255
321-remedy by such municipality, approve or reject such proposed remedy 256
322-in accordance with the provisions of this clause. The Secretary may only 257
323-approve such proposed remedy if the Secretary concludes (I) such 258
324-municipality may be in violation of the provisions of sections 1 to 8, 259
325-inclusive, of this act, (II) the proposed remedy would address any such 260
326-potential violation, (III) the proposed remedy is unlikely to violate the 261
327-Constitution of Connecticut or any federal law, (IV) the proposed 262
328-remedy will not diminish the ability of protected class electors to 263
329-participate in the political process and elect their preferred candidates 264
330-to office, and (V) implementation of the proposed remedy is feasible. 265
331-(iv) Notwithstanding any provision of title 9 of the general statutes 266
332-and any special act, charter or home rule ordinance, if the Secretary of 267
333-the State approves the proposed remedy, such proposed remedy shall 268
334-be enacted and implemented immediately. If the municipality is a 269
335-covered jurisdiction as described in section 5 of this act, such 270
336-municipality shall not be required to obtain preclearance for such 271
337-proposed remedy. 272
338-(v) If the Secretary of the State denies the proposed remedy, (I) such 273
339-proposed remedy shall not be enacted or implemented, (II) the Secretary 274 Substitute Bill No. 471
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346-shall set forth the objections to such proposed remedy and explain the 275
347-basis for such denial, and (III) the Secretary may recommend another 276
348-proposed remedy that the Secretary would approve. 277
349-(vi) If the Secretary of the State does not approve or reject such 278
350-proposed remedy within sixty days after the submission of such 279
351-proposed remedy by the municipality, the proposed remedy shall not 280
352-be enacted or implemented. 281
353-(D) A municipality that has passed a resolution described in 282
354-subparagraph (B) of this subdivision may enter into an agreement with 283
355-any party who sent a notification letter described in subdivision (1) of 284
356-this subsection providing that such party shall not file an action 285
357-pursuant to this section earlier than ninety days after entering into such 286
358-agreement. If such party agrees to so enter into such an agreement, such 287
359-agreement shall require that the municipality either enact and 288
360-implement a remedy that complies with the provisions of sections 1 to 289
361-8, inclusive, of this act or pass such a resolution and submit such 290
362-resolution to the Secretary of the State. If such party declines to so enter 291
363-into such an agreement, such party may file an action pursuant to this 292
364-section at any time. 293
365-(E) If, pursuant to the provisions of this subsection, a municipality 294
366-enacts or implements a remedy or the Secretary of the State approves a 295
367-proposed remedy, a party who sent a notification letter described in 296
368-subdivision (1) of this subsection may, not later than thirty days after 297
369-such enactment, implementation or approval, submit a claim for 298
370-reimbursement from such municipality for the costs associated with 299
371-producing and sending such notification letter. Such party shall submit 300
372-such claim in writing and substantiate such claim with financial 301
373-documentation, including a detailed invoice for any demography 302
374-services or analysis of voting patterns in such municipality. Upon 303
375-receipt of any such claim, such municipality may request additional 304
376-financial documentation if that which has been provided by such party 305
377-is insufficient to substantiate such costs. Such municipality shall 306
378-reimburse such party for reasonable costs claimed or for an amount to 307 Substitute Bill No. 471
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385-which such party and such municipality agree, except that the 308
386-cumulative amount of any such reimbursements to all such parties other 309
387-than the Secretary of the State shall not exceed forty-three thousand 310
388-dollars, adjusted in accordance with any change in the consumer price 311
389-index for all urban consumers as published by the United States 312
390-Department of Labor, Bureau of Labor Statistics. If any such party and 313
391-such municipality fail to agree to a reimbursement amount, either such 314
392-party or such municipality may file an action for a declaratory judgment 315
393-with the superior court for the judicial district in which such 316
394-municipality is located for a clarification of rights. 317
395-(F) (i) Notwithstanding the provisions of this subsection, a party 318
396-described in subsection (d) of this section may seek preliminary relief 319
397-for a regular election held in a municipality by filing an action pursuant 320
398-to this section during the one hundred twenty days prior to such regular 321
399-election. Not later than the filing of such action, such party shall send a 322
400-notification letter described in subdivision (1) of this subsection to such 323
401-municipality. In the event any such action is withdrawn or dismissed as 324
402-being moot as a result of such municipality's enactment or 325
403-implementation of a remedy, or the approval by the Secretary of the 326
404-State of a proposed remedy, any such party may only submit a claim for 327
405-reimbursement in accordance with the provisions of subparagraph (E) 328
406-of this subdivision. 329
407-(ii) In the case of preliminary relief sought pursuant to subparagraph 330
408-(F)(i) of this subdivision by a party described in subsection (d) of this 331
409-section, the superior court for the judicial district in which such 332
410-municipality is located shall grant such relief if such court determines 333
411-that (I) such party is more likely than not to succeed on the merits, and 334
412-(II) it is possible to implement an appropriate remedy that would 335
413-resolve the violation alleged under this section prior to such election. 336
414-Sec. 3. (NEW) (Effective January 1, 2023) (a) There is established in the 337
415-office of the Secretary of the State a state-wide database of information 338
416-necessary to assist the state and any municipality in (1) evaluating 339
417-whether and to what extent current laws and practices related to 340 Substitute Bill No. 471
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424-election administration are consistent with the provisions of sections 1 341
425-to 8, inclusive, of this act, (2) implementing best practices in election 342
426-administration to further the purposes of said sections, and (3) 343
427-investigating any potential infringement upon the right to vote. 344
428-(b) The Secretary of the State shall designate an employee of the office 345
429-of the Secretary of the State to serve as manager of the state-wide 346
430-database. Such employee shall hold an advanced degree from an 347
431-accredited college or university and have expertise in demography, 348
432-statistical analysis and electoral systems. Such employee shall be 349
433-responsible for the operation of such state-wide database and shall 350
434-manage such staff as is necessary to implement and maintain such state-351
435-wide database. 352
436-(c) The state-wide database shall maintain in electronic format the 353
437-following data and records, at a minimum, for no fewer than the prior 354
438-twelve years: 355
439-(1) Estimates of total population, voting age population and citizen 356
440-voting age population by race, color and language minority group, 357
441-broken down annually to the district level for each municipality, based 358
442-on information from the United States Census Bureau, including from 359
443-the American Community Survey, or information of comparable quality 360
444-collected by a similar governmental agency; 361
445-(2) Election results at the district level for each state-wide election and 362
446-each election in each municipality; 363
447-(3) Contemporaneous registry lists and voter history files for each 364
448-election in each municipality; 365
449-(4) Contemporaneous maps, descriptions of boundaries and other 366
450-similar items, whether in paper or electronic format, for each district; 367
451-(5) Polling place locations, including, but not limited to, lists of 368
452-districts associated with such polling locations; 369 Substitute Bill No. 471
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459-(6) Districting or redistricting plans for each election in each 370
460-municipality; and 371
461-(7) Any other information the Secretary of the State deems advisable 372
462-to maintain in furtherance of the purposes of sections 1 to 8, inclusive, 373
463-of this act. 374
464-(d) All data, estimates or other information maintained in the state-375
465-wide database shall be published on the Internet web site of the office of 376
466-the Secretary of the State and made available to members of the public 377
467-at no cost, provided no such data, estimate or other information may 378
468-identify any individual elector. 379
469-(e) Each estimate concerning race, color or language minority group 380
470-prepared pursuant to this section shall be so prepared using the most 381
471-advanced, peer-reviewed and validated methodologies. 382
472-(f) At the time the Secretary of the State is prepared to commence 383
473-administration of the state-wide database established under this section, 384
474-the Secretary shall submit a report to the joint standing committee of the 385
475-General Assembly having cognizance of matters relating to elections, in 386
476-accordance with the provisions of section 11-4a of the general statutes, 387
477-certifying such fact. Not later than ninety days after such certification, 388
478-and every third year thereafter, the Secretary shall publish on the 389
479-Internet web site of the office of the Secretary of the State (1) a list of each 390
480-municipality required under section 4 of this act to provide assistance to 391
481-members of language minority groups, and (2) each language in which 392
482-such municipalities are so required to provide such assistance. The 393
483-Secretary shall also distribute such information to each municipality. 394
484-(g) Upon the certification of election results and the completion of the 395
485-voter history file after each election, each municipality shall transmit, in 396
486-electronic format, copies of (1) such election results at the district level, 397
487-(2) contemporaneous registry lists, (3) voter history files, (4) maps, 398
488-descriptions of boundaries and other similar items, and (5) lists of 399
489-polling place locations and lists, descriptions or other information for 400 Substitute Bill No. 471
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496-each district associated with any such polling place location. 401
497-(h) The office of the Secretary of the State may provide nonpartisan 402
498-technical assistance to municipalities, researchers and members of the 403
499-public seeking to use the resources of the state-wide database. 404
500-(i) In each action filed pursuant to section 2 of this act, there shall be 405
501-a rebuttable presumption that the data, estimates or other information 406
502-maintained in the state-wide database is valid. 407
503-Sec. 4. (NEW) (Effective January 1, 2023) (a) A municipality shall 408
504-provide language-related assistance in voting and elections to a 409
505-language minority group in such municipality if the Secretary of the 410
506-State determines, based on information from the American Community 411
507-Survey, that: 412
508-(1) More than two per cent of the citizens of voting age of such 413
509-municipality are members of a single language minority group and 414
510-speak English "less than very well" according to said survey; 415
511-(2) More than four thousand of the citizens of voting age of such 416
512-municipality are members of a single language minority group and 417
513-speak English "less than very well" according to said survey; or 418
514-(3) In the case of a municipality that contains any portion of a Native 419
515-American reservation, more than two per cent of the Native American 420
516-citizens of voting age on such Native American reservation are members 421
517-of a single language minority group and speak English "less than very 422
518-well" according to said survey. As used in this subdivision, "Native 423
519-American" includes any person recognized by the United States Census 424
520-Bureau as "American Indian". 425
521-(b) Whenever the Secretary of the State determines that a 426
522-municipality is required to provide language assistance to a particular 427
523-language minority group, such municipality shall provide voting 428
524-materials (1) in English, and (2) in the language of each such language 429
525-minority group of an equal quality to the corresponding English 430 Substitute Bill No. 471
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532-materials, including registration or voting notices, forms, instructions, 431
533-assistance, ballots or other materials or information relating to the 432
534-electoral process, except that in the case of a language minority group 433
535-where the language of such language minority group is oral or 434
536-unwritten, including historically unwritten as may be the case for some 435
537-Native Americans, such municipality may provide only oral 436
538-instructions, assistance or other information relating to the electoral 437
539-process to such language minority group. 438
540-(c) In the case of any municipality described in this section, which 439
541-seeks to provide only English materials despite a determination by the 440
542-Secretary of the State under this section that such municipality is 441
543-required to provide language assistance to a particular language 442
544-minority group, such municipality may file an action for a declaratory 443
545-judgment in the superior court for the judicial district in which such 444
546-municipality is located for permission to provide only English materials. 445
547-Such court shall enter such declaratory judgment in the municipality's 446
548-favor if such court finds that the Secretary's determination was 447
549-unreasonable or an abuse of discretion. 448
550-(d) Any elector who is a member of a language minority group in a 449
551-municipality described in this section may file an action in the superior 450
552-court for the judicial district in which such municipality is located to 451
553-enforce the provisions of this section. 452
554-Sec. 5. (NEW) (Effective January 1, 2024) (a) The enactment or 453
555-implementation of a covered policy, as described in subsection (b) of this 454
556-section, by a covered jurisdiction, as described in subsection (c) of this 455
557-section, shall be subject to preclearance by the Secretary of the State or 456
558-the superior court for the judicial district in which such covered 457
559-jurisdiction is located. 458
560-(b) A covered policy includes any new or modified qualification for 459
561-admission as an elector, prerequisite to voting or ordinance, regulation, 460
562-standard, practice, procedure or policy concerning: 461 Substitute Bill No. 471
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569-(1) Districting or redistricting; 462
570-(2) Method of election; 463
571-(3) Form of government; 464
572-(4) Annexation, incorporation, dissolution, consolidation or division 465
573-of a municipality; 466
574-(5) Removal of individuals from registry lists or enrollment lists and 467
575-other activities concerning any such list; 468
576-(6) Admission of electors; 469
577-(7) Location or hours of any polling place or number of polling places; 470
578-(8) Assignment of districts to polling place locations; 471
579-(9) Assistance offered to protected class individuals; or 472
580-(10) Any additional subject matter the Secretary of the State may 473
581-identify for inclusion in this subsection, pursuant to a regulation 474
582-adopted by the Secretary in accordance with the provisions of chapter 475
583-54 of the general statutes, if the Secretary determines that any 476
584-qualification for admission as an elector, prerequisite to voting or 477
585-ordinance, regulation, standard, practice, procedure or policy 478
586-concerning such subject matter may have the effect of denying or 479
587-abridging the right to vote of any protected class elector. 480
588-(c) A covered jurisdiction includes: 481
589-(1) Any municipality that, within the prior twenty-five years, has 482
590-been subject to any court order or government enforcement action based 483
591-upon a finding of any violation of the provisions of sections 1 to 8, 484
592-inclusive, of this act, the federal Voting Rights Act of 1965, P.L. 89-110, 485
593-as amended from time to time, any state or federal civil rights law, the 486
594-fifteenth amendment to the United States Constitution or the fourteenth 487
595-amendment to the United States Constitution concerning the right to 488 Substitute Bill No. 471
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602-vote or discrimination against any protected class; 489
603-(2) Any municipality that, within the prior five years, has failed to 490
604-comply with such municipality's obligations to provide data or 491
605-information to the state-wide database pursuant to section 3 of this act; 492
606-(3) Any municipality in which during the prior ten years, based on 493
607-data from criminal justice information systems, as defined in section 54-494
608-142q of the general statutes, the combined misdemeanor and felony 495
609-arrest rate of any protected class consisting of at least one thousand 496
610-citizens of voting age, or whose members comprise at least ten per cent 497
611-of the citizen voting age population of such municipality, has exceeded 498
612-the arrest rate of the entire citizen voting age population of such 499
613-municipality by at least twenty per cent; or 500
614-(4) Any municipality in which during the prior ten years, based on 501
615-data from the United States Census Bureau, the dissimilarity index of 502
616-any protected class consisting of at least two thousand five hundred 503
617-citizens of voting age, or whose members comprise at least ten per cent 504
618-of the citizen voting age population of such municipality, has exceeded 505
619-fifty per cent with respect to white, non-Hispanic, citizens of voting age 506
620-within such municipality. 507
621-(d) (1) If a covered jurisdiction seeks preclearance from the Secretary 508
622-of the State for the adoption or implementation of any covered policy, 509
623-such covered jurisdiction shall submit, in writing, such covered policy 510
624-to the Secretary and may obtain such preclearance in accordance with 511
625-the provisions of this subsection. 512
626-(2) When the Secretary of the State receives any such submission of a 513
627-covered policy: 514
628-(A) In the case of any covered policy concerning the location of 515
629-polling places, the Secretary shall grant or deny preclearance not later 516
630-than thirty days after such receipt, except that if the Secretary grants 517
631-such preclearance the Secretary may do so preliminarily and reserve the 518
632-right to subsequently deny such preclearance not later than sixty days 519 Substitute Bill No. 471
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639-after such receipt; and 520
640-(B) In the case of any other covered policy, the Secretary shall grant 521
641-or deny such preclearance not later than sixty days after such receipt, 522
642-except that in the case of any such covered policy described in this 523
643-subparagraph that concerns the implementation of a district-based 524
644-method of election or an alternative method of election, districting or 525
645-redistricting plans or a change to a municipality's form of government, 526
646-the Secretary may extend, up to two times, and by ninety days each such 527
647-time, the time by which to grant or deny such preclearance. 528
648-(3) Prior to granting or denying such preclearance, the Secretary of 529
649-the State shall publish notice of the proceedings for making such 530
650-determination and shall provide an opportunity for any interested party 531
651-to submit written comments concerning the covered policy and such 532
652-determination. 533
653-(4) The Secretary of the State may grant preclearance to a covered 534
654-policy only if it is determined that such covered policy will not diminish 535
655-the ability of protected class electors to participate in the electoral 536
656-process or elect their preferred candidates, and upon such grant the 537
657-covered jurisdiction may enact and implement such covered policy. 538
658-(5) (A) If the Secretary of the State denies preclearance to a covered 539
659-policy, (i) such covered policy shall not be enacted or implemented, and 540
660-(ii) the Secretary shall set forth the objections to such covered policy and 541
661-explain the basis for such denial. 542
662-(B) Any denial under subparagraph (A) of this subdivision may be 543
663-appealed, in accordance with the provisions of chapter 54 of the general 544
664-statutes, to the superior court for the judicial district in which the 545
665-covered jurisdiction is located. Any such appeal shall be privileged with 546
666-respect to assignment for trial. 547
667-(6) If the Secretary of the State does not grant or deny such 548
668-preclearance within the applicable time specified in subdivision (2) of 549
669-this subsection, such covered policy shall be deemed precleared and the 550 Substitute Bill No. 471
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676-covered jurisdiction may enact and implement such covered policy. 551
677-(e) (1) If a covered jurisdiction seeks preclearance from the superior 552
678-court for the judicial district in which such covered jurisdiction is 553
679-located for the adoption or implementation of any covered policy, such 554
680-covered jurisdiction shall submit, in writing, such covered policy to such 555
681-court and may obtain such preclearance in accordance with the 556
682-provisions of this subsection, provided (A) such covered jurisdiction 557
683-shall also contemporaneously transmit to the Secretary of the State a 558
684-copy of such submission, and (B) failure to so provide such copy shall 559
685-result in an automatic denial of such preclearance. Notwithstanding the 560
686-transmission to the Secretary of a copy of any such submission, the court 561
687-shall exercise exclusive jurisdiction over such submission. 562
688-(2) Except as provided in subparagraph (B) of subdivision (1) of this 563
689-subsection, when such court receives any such submission of a covered 564
690-policy, such court shall grant or deny such preclearance not later than 565
691-sixty days after such receipt. 566
692-(3) Such court may grant preclearance to a covered policy only if it is 567
693-determined that such covered policy will not diminish the ability of 568
694-protected class electors to participate in the electoral process or elect 569
695-their preferred candidates, and upon such grant the covered jurisdiction 570
696-may enact and implement such covered policy. 571
697-(4) (A) If such court denies preclearance to a covered policy, or does 572
698-not grant or deny such preclearance within sixty days, such covered 573
699-policy shall not be enacted or implemented. 574
700-(B) Any denial under subparagraph (A) of this subdivision may be 575
701-appealed in accordance with the ordinary rules of appellate procedure. 576
702-Any such appeal shall be privileged with respect to assignment for 577
703-appeal. 578
704-(f) If any covered jurisdiction enacts or implements any covered 579
705-policy without obtaining preclearance for such covered policy in 580
706-accordance with the provisions of this section, the Secretary of the State 581 Substitute Bill No. 471
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713-or any party described in subsection (d) of section 2 of this act may file 582
714-an action in the superior court for the judicial district in which such 583
715-covered jurisdiction is located to enjoin such enactment or 584
716-implementation and seek sanctions against such covered jurisdiction for 585
717-violations of this section. 586
718-(g) (1) For a period of one hundred twenty days after the effective 587
719-date of this section, the Secretary of the State may, in accordance with 588
720-the provisions of subdivision (2) of this subsection, conduct a look-back 589
721-review and deny preclearance to any covered policy that was previously 590
722-enacted by a covered jurisdiction. 591
723-(2) (A) The Secretary of the State may only initiate a look-back review 592
724-of any covered policy that was enacted or implemented by a covered 593
725-jurisdiction on or after January 1, 2023, and prior to January 1, 2024. 594
726-(B) A look-back review is initiated when the Secretary of the State 595
727-provides notice to a covered jurisdiction of the Secretary's decision to 596
728-review a covered policy enacted or implemented by such covered 597
729-jurisdiction. Such covered jurisdiction shall submit, in writing, such 598
730-covered policy not later than thirty days after receipt of such notice. 599
731-(C) Not later than ninety days after such submission, the Secretary of 600
732-the State shall decide whether such covered jurisdiction may further 601
733-implement such covered policy. Prior to making such decision, the 602
734-Secretary shall publish notice of the proceedings for making such 603
735-decision and shall provide an opportunity for any interested party to 604
736-submit written comments concerning the covered policy and such 605
737-decision. 606
738-(D) (i) The Secretary of the State shall deny further implementation 607
739-of such covered policy if it is determined that such covered policy is 608
740-likely to diminish the ability of protected class electors to participate in 609
741-the political process or elect their preferred candidates. For any such 610
742-denial, the Secretary shall set forth the objections to such covered policy 611
743-and explain the basis for such denial. No such denial may provide a 612 Substitute Bill No. 471
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750-basis for the invalidation of any election held under such covered policy. 613
751-(ii) Any denial under subparagraph (D)(i) of this subdivision may be 614
752-appealed, in accordance with the provisions of chapter 54 of the general 615
753-statutes, to the superior court for the judicial district in which the 616
754-covered jurisdiction is located. Any such appeal shall be privileged with 617
755-respect to assignment for trial. 618
756-(h) The Secretary of the State may adopt regulations, in accordance 619
757-with the provisions of chapter 54 of the general statutes, to effectuate the 620
758-purposes of this section. 621
759-Sec. 6. (NEW) (Effective January 1, 2023) (a) No person, whether acting 622
760-under color of law or otherwise, may engage in acts of intimidation, 623
761-deception or obstruction that affect the right of electors to exercise their 624
762-electoral privileges. 625
763-(b) The following shall constitute a violation of subsection (a) of this 626
764-section: 627
765-(1) Any person who uses or threatens to use any force, violence, 628
766-restraint, abduction or duress, who inflicts or threatens to inflict any 629
767-injury, damage, harm or loss, or who in any other manner practices 630
768-intimidation that causes or will reasonably have the effect of causing 631
769-any elector to (A) vote or refrain from voting, (B) vote for or against any 632
770-particular candidate or question, (C) apply or not apply for admission 633
771-as an elector, or (D) apply or not apply for an absentee ballot; 634
772-(2) Any person who uses any deceptive or fraudulent device, 635
773-contrivance or communication that impedes, prevents or otherwise 636
774-interferes with the electoral privileges of any elector or that causes or 637
775-will reasonably have the effect of causing any elector to (A) vote or 638
776-refrain from voting, (B) vote for or against any particular candidate or 639
777-question, (C) apply or not apply for admission as an elector, or (D) apply 640
778-or not apply for an absentee ballot; or 641
779-(3) Any person who obstructs, impedes or otherwise interferes with 642 Substitute Bill No. 471
780-
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785-
786-access to any polling place or office of any election official or who 643
787-obstructs, impedes or otherwise interferes with any elector in any 644
788-manner that causes or will reasonably have the effect of causing any 645
789-delay in voting or the voting process, including the canvassing or 646
790-tabulation of ballots. 647
791-(c) Any aggrieved person, any organization whose membership 648
792-includes or is likely to include aggrieved persons, any organization 649
793-whose mission would be frustrated by a violation of this section, any 650
794-organization that would expend resources in order to fulfill such 651
795-organization's mission as a result of a violation of this section or the State 652
796-Elections Enforcement Commission may file an action pursuant to this 653
797-section in the superior court for the judicial district in which such 654
798-alleged violation occurred. 655
799-(d) (1) Notwithstanding any provision of title 9 of the general statutes 656
800-and any special act, charter or home rule ordinance, whenever such 657
801-court finds a violation of any provision of this section, such court shall 658
802-order appropriate remedies that are tailored to address such violation, 659
803-including, but not limited to, providing for additional time to vote at an 660
804-election, primary or referendum. 661
805-(2) Any person who violates the provisions of this section, or who 662
806-aids in the violation of any of such provisions, shall be liable for any 663
807-damages awarded by such court, including, but not limited to, nominal 664
808-damages for any such violation and compensatory or punitive damages 665
809-for any such wilful violation. 666
810-Sec. 7. (NEW) (Effective January 1, 2023) In any action or investigation 667
811-to enforce the provisions of sections 1 to 6, inclusive, of this act, the State 668
812-Elections Enforcement Commission may examine witnesses, receive 669
813-oral and documentary evidence, determine material facts and issue 670
814-subpoenas in accordance with the ordinary rules of civil procedure. 671
815-Sec. 8. (NEW) (Effective January 1, 2023) In any action to enforce the 672
816-provisions of sections 1 to 6, inclusive, of this act, the court may award 673 Substitute Bill No. 471
817-
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822-
823-reasonable attorneys' fees and litigation costs, including, but not limited 674
824-to, expert witness fees and expenses, to the party that filed such action, 675
825-other than the state or any municipality, and that prevailed in such 676
826-action. In the case of a party against whom such action was filed and 677
827-who prevailed in such action, the court shall not award such party any 678
828-costs unless such court finds such action to be frivolous, unreasonable 679
829-or without foundation. 680
715+aids in the violation of any of such provisions, shall be liable for any 649
716+damages awarded by such court, including, but not limited to, nominal 650
717+damages for any such violation and compensatory or punitive damages 651
718+for any such wilful violation. 652
719+Sec. 7. (NEW) (Effective January 1, 2023) In any action or investigation 653
720+to enforce the provisions of sections 1 to 6, inclusive, of this act, the 654
721+Secretary of the State may examine witnesses, receive oral and 655
722+documentary evidence, determine material facts and issue subpoenas in 656
723+accordance with the ordinary rules of civil procedure. 657
724+Sec. 8. (NEW) (Effective January 1, 2023) In any action to enforce the 658
725+provisions of sections 1 to 6, inclusive, of this act, the court may award 659
726+reasonable attorneys' fees and litigation costs, including, but not limited 660
727+to, expert witness fees and expenses, to the party that filed such action, 661
728+other than the state or any municipality, and that prevailed in such 662
729+action. In the case of a party against whom such action was filed and 663
730+who prevailed in such action, the court shall not award such party any 664
731+costs unless such court finds such action to be frivolous, unreasonable 665
732+or without foundation. 666
830733 This act shall take effect as follows and shall amend the following
831734 sections:
832735
833736 Section 1 January 1, 2023 New section
834737 Sec. 2 January 1, 2023 New section
835738 Sec. 3 January 1, 2023 New section
836739 Sec. 4 January 1, 2023 New section
837740 Sec. 5 January 1, 2024 New section
838741 Sec. 6 January 1, 2023 New section
839742 Sec. 7 January 1, 2023 New section
840743 Sec. 8 January 1, 2023 New section
841744
842-Statement of Legislative Commissioners:
843-In Section 1, "such as" was changed to "and includes" in Subdiv. (1) for
844-clarity and "alderman" was changed to "aldermen" in Subdiv. (5) for
845-accuracy; in Section 2(b)(2), "or" was added after the semi-colon in
846-Subpara. (A)(i)(II) for accuracy, "in which" was added after "and" in
847-Subpara. (A)(ii) for clarity and "such a violation" was rewritten to
848-reference Section 2(b)(1) in Subparas. (C)(viii) and (C)(ix) for clarity and
849-accuracy; and in Section 5(b), "voting, ordinance" was changed to
850-"voting or ordinance" and Subdiv. (7) was rewritten for clarity.
745+Statement of Purpose:
746+To afford mechanisms for the challenge of certain election
747+administration laws, practices or procedures that may impair the
748+electoral rights of certain protected classes of individuals.
749+LCO No. 3399 23 of 23
851750
852-GAE Joint Favorable Subst.
751+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
752+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
753+underlined.]
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