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6 | 3 | ||
7 | - | General Assembly Substitute Bill No. 471 | |
4 | + | LCO No. 3399 1 of 23 | |
5 | + | ||
6 | + | General Assembly Raised Bill No. 471 | |
8 | 7 | February Session, 2022 | |
8 | + | LCO No. 3399 | |
9 | 9 | ||
10 | + | ||
11 | + | Referred to Committee on GOVERNMENT ADMINISTRATION | |
12 | + | AND ELECTIONS | |
13 | + | ||
14 | + | ||
15 | + | Introduced by: | |
16 | + | (GAE) | |
10 | 17 | ||
11 | 18 | ||
12 | 19 | ||
13 | 20 | ||
14 | 21 | AN ACT CONCERNING ELECTIONS AND STATE VOTING RIGHTS. | |
15 | 22 | Be it enacted by the Senate and House of Representatives in General | |
16 | 23 | Assembly convened: | |
17 | 24 | ||
18 | 25 | Section 1. (NEW) (Effective January 1, 2023) As used in this section and 1 | |
19 | 26 | sections 2 to 8, inclusive, of this act: 2 | |
20 | 27 | (1) "Alternative method of election" means a method of electing 3 | |
21 | 28 | 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 | |
39 | + | LCO No. 3399 2 of 23 | |
35 | 40 | ||
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 | |
105 | + | LCO No. 3399 4 of 23 | |
40 | 106 | ||
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 | |
141 | + | LCO No. 3399 5 of 23 | |
71 | 142 | ||
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 | |
212 | + | LCO No. 3399 7 of 23 | |
76 | 213 | ||
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 | |
247 | + | LCO No. 3399 8 of 23 | |
108 | 248 | ||
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 | |
315 | + | LCO No. 3399 10 of 23 | |
113 | 316 | ||
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 | |
351 | + | LCO No. 3399 11 of 23 | |
147 | 352 | ||
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 | |
386 | + | LCO No. 3399 12 of 23 | |
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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 | |
152 | 418 | ||
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 | |
187 | 451 | ||
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 | |
484 | + | LCO No. 3399 15 of 23 | |
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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 | |
513 | + | LCO No. 3399 16 of 23 | |
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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 | |
226 | 548 | ||
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 | |
580 | + | LCO No. 3399 18 of 23 | |
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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 | |
613 | + | LCO No. 3399 19 of 23 | |
231 | 614 | ||
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 | |
265 | 647 | ||
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 | |
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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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307 | - | ||
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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345 | - | ||
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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568 | - | ||
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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601 | - | ||
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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675 | - | ||
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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712 | - | ||
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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749 | - | ||
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 | - | ||
818 | - | ||
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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 | |
830 | 733 | This act shall take effect as follows and shall amend the following | |
831 | 734 | sections: | |
832 | 735 | ||
833 | 736 | Section 1 January 1, 2023 New section | |
834 | 737 | Sec. 2 January 1, 2023 New section | |
835 | 738 | Sec. 3 January 1, 2023 New section | |
836 | 739 | Sec. 4 January 1, 2023 New section | |
837 | 740 | Sec. 5 January 1, 2024 New section | |
838 | 741 | Sec. 6 January 1, 2023 New section | |
839 | 742 | Sec. 7 January 1, 2023 New section | |
840 | 743 | Sec. 8 January 1, 2023 New section | |
841 | 744 | ||
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 | |
851 | 750 | ||
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.] | |
853 | 754 |