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| 3 | - | LCO \\PRDFS1\SCOUSERS\KEHOET\WS\2022SB-00471-R01- | |
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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 | |
| 177 | + | LCO No. 3399 6 of 23 | |
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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 | |
| 281 | + | LCO No. 3399 9 of 23 | |
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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 | |
| 192 | 514 | ||
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| 209 | - | municipality | |
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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 | |
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| 681 | + | intimidation that causes or will reasonably have the effect of causing 617 | |
| 682 | + | any elector to (A) vote or refrain from voting, (B) vote for or against any 618 | |
| 683 | + | particular candidate or question, (C) apply or not apply for admission 619 | |
| 684 | + | as an elector, or (D) apply or not apply for an absentee ballot; 620 | |
| 685 | + | (2) Any person who uses any deceptive or fraudulent device, 621 | |
| 686 | + | contrivance or communication that impedes, prevents or otherwise 622 | |
| 687 | + | interferes with the electoral privileges of any elector or that causes or 623 | |
| 688 | + | will reasonably have the effect of causing any elector to (A) vote or 624 | |
| 689 | + | refrain from voting, (B) vote for or against any particular candidate or 625 | |
| 690 | + | question, (C) apply or not apply for admission as an elector, or (D) apply 626 | |
| 691 | + | or not apply for an absentee ballot; or 627 | |
| 692 | + | (3) Any person who obstructs, impedes or otherwise interferes with 628 | |
| 693 | + | access to any polling place or office of any election official or who 629 | |
| 694 | + | obstructs, impedes or otherwise interferes with any elector in any 630 | |
| 695 | + | manner that causes or will reasonably have the effect of causing any 631 | |
| 696 | + | delay in voting or the voting process, including the canvassing or 632 | |
| 697 | + | tabulation of ballots. 633 | |
| 698 | + | (c) Any aggrieved person, any organization whose membership 634 | |
| 699 | + | includes or is likely to include aggrieved persons, any organization 635 | |
| 700 | + | whose mission would be frustrated by a violation of this section, any 636 | |
| 701 | + | organization that would expend resources in order to fulfill such 637 | |
| 702 | + | organization's mission as a result of a violation of this section or the 638 | |
| 703 | + | Secretary of the State may file an action pursuant to this section in the 639 | |
| 704 | + | superior court for the judicial district in which such alleged violation 640 | |
| 705 | + | occurred. 641 | |
| 706 | + | (d) (1) Notwithstanding any provision of title 9 of the general statutes 642 | |
| 707 | + | and any special act, charter or home rule ordinance, whenever such 643 | |
| 708 | + | court finds a violation of any provision of this section, such court shall 644 | |
| 709 | + | order appropriate remedies that are tailored to address such violation, 645 | |
| 710 | + | including, but not limited to, providing for additional time to vote at an 646 | |
| 711 | + | election, primary or referendum. 647 | |
| 712 | + | (2) Any person who violates the provisions of this section, or who 648 | |
| 713 | + | LCO No. 3399 22 of 23 | |
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| 271 | - | of the legislative body of such municipality would be elected for 212 | |
| 272 | - | staggered terms under any such districting or redistricting plan or 213 | |
| 273 | - | plans, such legislative body shall give special consideration to the 214 | |
| 274 | - | purposes of sections 1 to 8, inclusive, of this act and take into account 215 | |
| 275 | - | the preferences expressed by electors in the districts. 216 | |
| 276 | - | (g) (1) Prior to filing an action against a municipality pursuant to this 217 | |
| 277 | - | section, any party described in subsection (d) of this section shall send 218 | |
| 278 | - | by certified mail, return receipt requested, a notification letter to the 219 | |
| 279 | - | clerk of such municipality asserting that such municipality may be in 220 | |
| 280 | - | violation of the provisions of sections 1 to 8, inclusive, of this act. 221 | |
| 281 | - | (2) (A) No such party may file an action pursuant to this section 222 | |
| 282 | - | earlier than fifty days after sending such notification letter to such 223 | |
| 283 | - | municipality. 224 | |
| 284 | - | (B) Prior to receiving a notification letter, or not later than fifty days 225 | |
| 285 | - | after any such notification letter is sent to a municipality, the legislative 226 | |
| 286 | - | body of such municipality may pass a resolution (i) affirming such 227 | |
| 287 | - | municipality's intention to enact and implement a remedy for a 228 | |
| 288 | - | potential violation of the provisions of sections 1 to 8, inclusive, of this 229 | |
| 289 | - | act, (ii) setting forth specific measures such municipality will take to 230 | |
| 290 | - | facilitate approval and implementation of such a remedy, and (iii) 231 | |
| 291 | - | providing a schedule for the enactment and implementation of such a 232 | |
| 292 | - | remedy. No party described in subsection (d) of this section may file an 233 | |
| 293 | - | action pursuant to this section earlier than ninety days after passage of 234 | |
| 294 | - | any such resolution by such legislative body. 235 | |
| 295 | - | (C) If, under the laws of the state, the legislative body of a 236 | |
| 296 | - | municipality lacks authority to enact or implement a remedy identified 237 | |
| 297 | - | in any such resolution within ninety days after the passage of such 238 | |
| 298 | - | resolution, or if such municipality is a covered jurisdiction as described 239 | |
| 299 | - | in section 5 of this act, such legislative body may take the following 240 | |
| 300 | - | measures upon such passage: 241 | |
| 301 | - | (i) The municipality shall hold at least one public hearing on any 242 Substitute Bill No. 471 | |
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| 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 | |
| 418 | - | ||
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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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| 602 | - | vote or discrimination against any protected class; 489 | |
| 603 | - | (2) Any municipality that, within the prior five years, has failed to 490 | |
| 604 | - | comply with such municipality's obligations to provide data or 491 | |
| 605 | - | information to the state-wide database pursuant to section 3 of this act; 492 | |
| 606 | - | (3) Any municipality in which during the prior ten years, based on 493 | |
| 607 | - | data from criminal justice information systems, as defined in section 54-494 | |
| 608 | - | 142q of the general statutes, the combined misdemeanor and felony 495 | |
| 609 | - | arrest rate of any protected class consisting of at least one thousand 496 | |
| 610 | - | citizens of voting age, or whose members comprise at least ten per cent 497 | |
| 611 | - | of the citizen voting age population of such municipality, has exceeded 498 | |
| 612 | - | the arrest rate of the entire citizen voting age population of such 499 | |
| 613 | - | municipality by at least twenty per cent; or 500 | |
| 614 | - | (4) Any municipality in which during the prior ten years, based on 501 | |
| 615 | - | data from the United States Census Bureau, the dissimilarity index of 502 | |
| 616 | - | any protected class consisting of at least two thousand five hundred 503 | |
| 617 | - | citizens of voting age, or whose members comprise at least ten per cent 504 | |
| 618 | - | of the citizen voting age population of such municipality, has exceeded 505 | |
| 619 | - | fifty per cent with respect to white, non-Hispanic, citizens of voting age 506 | |
| 620 | - | within such municipality. 507 | |
| 621 | - | (d) (1) If a covered jurisdiction seeks preclearance from the Secretary 508 | |
| 622 | - | of the State for the adoption or implementation of any covered policy, 509 | |
| 623 | - | such covered jurisdiction shall submit, in writing, such covered policy 510 | |
| 624 | - | to the Secretary and may obtain such preclearance in accordance with 511 | |
| 625 | - | the provisions of this subsection. 512 | |
| 626 | - | (2) When the Secretary of the State receives any such submission of a 513 | |
| 627 | - | covered policy: 514 | |
| 628 | - | (A) In the case of any covered policy concerning the location of 515 | |
| 629 | - | polling places, the Secretary shall grant or deny preclearance not later 516 | |
| 630 | - | than thirty days after such receipt, except that if the Secretary grants 517 | |
| 631 | - | such preclearance the Secretary may do so preliminarily and reserve the 518 | |
| 632 | - | right to subsequently deny such preclearance not later than sixty days 519 Substitute Bill No. 471 | |
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| 639 | - | after such receipt; and 520 | |
| 640 | - | (B) In the case of any other covered policy, the Secretary shall grant 521 | |
| 641 | - | or deny such preclearance not later than sixty days after such receipt, 522 | |
| 642 | - | except that in the case of any such covered policy described in this 523 | |
| 643 | - | subparagraph that concerns the implementation of a district-based 524 | |
| 644 | - | method of election or an alternative method of election, districting or 525 | |
| 645 | - | redistricting plans or a change to a municipality's form of government, 526 | |
| 646 | - | the Secretary may extend, up to two times, and by ninety days each such 527 | |
| 647 | - | time, the time by which to grant or deny such preclearance. 528 | |
| 648 | - | (3) Prior to granting or denying such preclearance, the Secretary of 529 | |
| 649 | - | the State shall publish notice of the proceedings for making such 530 | |
| 650 | - | determination and shall provide an opportunity for any interested party 531 | |
| 651 | - | to submit written comments concerning the covered policy and such 532 | |
| 652 | - | determination. 533 | |
| 653 | - | (4) The Secretary of the State may grant preclearance to a covered 534 | |
| 654 | - | policy only if it is determined that such covered policy will not diminish 535 | |
| 655 | - | the ability of protected class electors to participate in the electoral 536 | |
| 656 | - | process or elect their preferred candidates, and upon such grant the 537 | |
| 657 | - | covered jurisdiction may enact and implement such covered policy. 538 | |
| 658 | - | (5) (A) If the Secretary of the State denies preclearance to a covered 539 | |
| 659 | - | policy, (i) such covered policy shall not be enacted or implemented, and 540 | |
| 660 | - | (ii) the Secretary shall set forth the objections to such covered policy and 541 | |
| 661 | - | explain the basis for such denial. 542 | |
| 662 | - | (B) Any denial under subparagraph (A) of this subdivision may be 543 | |
| 663 | - | appealed, in accordance with the provisions of chapter 54 of the general 544 | |
| 664 | - | statutes, to the superior court for the judicial district in which the 545 | |
| 665 | - | covered jurisdiction is located. Any such appeal shall be privileged with 546 | |
| 666 | - | respect to assignment for trial. 547 | |
| 667 | - | (6) If the Secretary of the State does not grant or deny such 548 | |
| 668 | - | preclearance within the applicable time specified in subdivision (2) of 549 | |
| 669 | - | this subsection, such covered policy shall be deemed precleared and the 550 Substitute Bill No. 471 | |
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| 676 | - | covered jurisdiction may enact and implement such covered policy. 551 | |
| 677 | - | (e) (1) If a covered jurisdiction seeks preclearance from the superior 552 | |
| 678 | - | court for the judicial district in which such covered jurisdiction is 553 | |
| 679 | - | located for the adoption or implementation of any covered policy, such 554 | |
| 680 | - | covered jurisdiction shall submit, in writing, such covered policy to such 555 | |
| 681 | - | court and may obtain such preclearance in accordance with the 556 | |
| 682 | - | provisions of this subsection, provided (A) such covered jurisdiction 557 | |
| 683 | - | shall also contemporaneously transmit to the Secretary of the State a 558 | |
| 684 | - | copy of such submission, and (B) failure to so provide such copy shall 559 | |
| 685 | - | result in an automatic denial of such preclearance. Notwithstanding the 560 | |
| 686 | - | transmission to the Secretary of a copy of any such submission, the court 561 | |
| 687 | - | shall exercise exclusive jurisdiction over such submission. 562 | |
| 688 | - | (2) Except as provided in subparagraph (B) of subdivision (1) of this 563 | |
| 689 | - | subsection, when such court receives any such submission of a covered 564 | |
| 690 | - | policy, such court shall grant or deny such preclearance not later than 565 | |
| 691 | - | sixty days after such receipt. 566 | |
| 692 | - | (3) Such court may grant preclearance to a covered policy only if it is 567 | |
| 693 | - | determined that such covered policy will not diminish the ability of 568 | |
| 694 | - | protected class electors to participate in the electoral process or elect 569 | |
| 695 | - | their preferred candidates, and upon such grant the covered jurisdiction 570 | |
| 696 | - | may enact and implement such covered policy. 571 | |
| 697 | - | (4) (A) If such court denies preclearance to a covered policy, or does 572 | |
| 698 | - | not grant or deny such preclearance within sixty days, such covered 573 | |
| 699 | - | policy shall not be enacted or implemented. 574 | |
| 700 | - | (B) Any denial under subparagraph (A) of this subdivision may be 575 | |
| 701 | - | appealed in accordance with the ordinary rules of appellate procedure. 576 | |
| 702 | - | Any such appeal shall be privileged with respect to assignment for 577 | |
| 703 | - | appeal. 578 | |
| 704 | - | (f) If any covered jurisdiction enacts or implements any covered 579 | |
| 705 | - | policy without obtaining preclearance for such covered policy in 580 | |
| 706 | - | accordance with the provisions of this section, the Secretary of the State 581 Substitute Bill No. 471 | |
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| 713 | - | or any party described in subsection (d) of section 2 of this act may file 582 | |
| 714 | - | an action in the superior court for the judicial district in which such 583 | |
| 715 | - | covered jurisdiction is located to enjoin such enactment or 584 | |
| 716 | - | implementation and seek sanctions against such covered jurisdiction for 585 | |
| 717 | - | violations of this section. 586 | |
| 718 | - | (g) (1) For a period of one hundred twenty days after the effective 587 | |
| 719 | - | date of this section, the Secretary of the State may, in accordance with 588 | |
| 720 | - | the provisions of subdivision (2) of this subsection, conduct a look-back 589 | |
| 721 | - | review and deny preclearance to any covered policy that was previously 590 | |
| 722 | - | enacted by a covered jurisdiction. 591 | |
| 723 | - | (2) (A) The Secretary of the State may only initiate a look-back review 592 | |
| 724 | - | of any covered policy that was enacted or implemented by a covered 593 | |
| 725 | - | jurisdiction on or after January 1, 2023, and prior to January 1, 2024. 594 | |
| 726 | - | (B) A look-back review is initiated when the Secretary of the State 595 | |
| 727 | - | provides notice to a covered jurisdiction of the Secretary's decision to 596 | |
| 728 | - | review a covered policy enacted or implemented by such covered 597 | |
| 729 | - | jurisdiction. Such covered jurisdiction shall submit, in writing, such 598 | |
| 730 | - | covered policy not later than thirty days after receipt of such notice. 599 | |
| 731 | - | (C) Not later than ninety days after such submission, the Secretary of 600 | |
| 732 | - | the State shall decide whether such covered jurisdiction may further 601 | |
| 733 | - | implement such covered policy. Prior to making such decision, the 602 | |
| 734 | - | Secretary shall publish notice of the proceedings for making such 603 | |
| 735 | - | decision and shall provide an opportunity for any interested party to 604 | |
| 736 | - | submit written comments concerning the covered policy and such 605 | |
| 737 | - | decision. 606 | |
| 738 | - | (D) (i) The Secretary of the State shall deny further implementation 607 | |
| 739 | - | of such covered policy if it is determined that such covered policy is 608 | |
| 740 | - | likely to diminish the ability of protected class electors to participate in 609 | |
| 741 | - | the political process or elect their preferred candidates. For any such 610 | |
| 742 | - | denial, the Secretary shall set forth the objections to such covered policy 611 | |
| 743 | - | and explain the basis for such denial. No such denial may provide a 612 Substitute Bill No. 471 | |
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| 750 | - | basis for the invalidation of any election held under such covered policy. 613 | |
| 751 | - | (ii) Any denial under subparagraph (D)(i) of this subdivision may be 614 | |
| 752 | - | appealed, in accordance with the provisions of chapter 54 of the general 615 | |
| 753 | - | statutes, to the superior court for the judicial district in which the 616 | |
| 754 | - | covered jurisdiction is located. Any such appeal shall be privileged with 617 | |
| 755 | - | respect to assignment for trial. 618 | |
| 756 | - | (h) The Secretary of the State may adopt regulations, in accordance 619 | |
| 757 | - | with the provisions of chapter 54 of the general statutes, to effectuate the 620 | |
| 758 | - | purposes of this section. 621 | |
| 759 | - | Sec. 6. (NEW) (Effective January 1, 2023) (a) No person, whether acting 622 | |
| 760 | - | under color of law or otherwise, may engage in acts of intimidation, 623 | |
| 761 | - | deception or obstruction that affect the right of electors to exercise their 624 | |
| 762 | - | electoral privileges. 625 | |
| 763 | - | (b) The following shall constitute a violation of subsection (a) of this 626 | |
| 764 | - | section: 627 | |
| 765 | - | (1) Any person who uses or threatens to use any force, violence, 628 | |
| 766 | - | restraint, abduction or duress, who inflicts or threatens to inflict any 629 | |
| 767 | - | injury, damage, harm or loss, or who in any other manner practices 630 | |
| 768 | - | intimidation that causes or will reasonably have the effect of causing 631 | |
| 769 | - | any elector to (A) vote or refrain from voting, (B) vote for or against any 632 | |
| 770 | - | particular candidate or question, (C) apply or not apply for admission 633 | |
| 771 | - | as an elector, or (D) apply or not apply for an absentee ballot; 634 | |
| 772 | - | (2) Any person who uses any deceptive or fraudulent device, 635 | |
| 773 | - | contrivance or communication that impedes, prevents or otherwise 636 | |
| 774 | - | interferes with the electoral privileges of any elector or that causes or 637 | |
| 775 | - | will reasonably have the effect of causing any elector to (A) vote or 638 | |
| 776 | - | refrain from voting, (B) vote for or against any particular candidate or 639 | |
| 777 | - | question, (C) apply or not apply for admission as an elector, or (D) apply 640 | |
| 778 | - | or not apply for an absentee ballot; or 641 | |
| 779 | - | (3) Any person who obstructs, impedes or otherwise interferes with 642 Substitute Bill No. 471 | |
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| 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 | |
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| 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 |