LCO No. 4913 1 of 6
General Assembly Raised Bill No. 6872
January Session, 2023
LCO No. 4913
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING FAITHLESS PRESIDENTIAL ELECTORS AND
AUTHORIZING MANDAMUS ACTIONS RELATED TO THE
CERTIFICATION OR DECLARATION OF ELECTION RESULTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-176 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) The presidential electors shall meet at the office of the Secretary of 3
the State at twelve o'clock, noon, on the first Monday after the second 4
Wednesday of the December following their election and, as required 5
by the Constitution and laws of the United States, shall cast their ballots 6
for President and Vice President. Each such elector shall cast [his] such 7
elector's ballots for the candidates under whose names [he] such elector 8
ran on the official election ballot, as provided in section 9-175. If any 9
such elector is absent or if there is a vacancy in the electoral college for 10
any cause, the electors present shall, before voting for President and 11
Vice President, elect by ballot an elector to fill such vacancy, and the 12
person so chosen shall be a presidential elector, shall perform the duties 13
of such office and shall cast his or her ballots for the candidates to whom 14
the elector he or she is replacing was pledged. In the case of any such 15
elector who fails to cast such elector's ballots for the candidates under 16 Raised Bill No. 6872
LCO No. 4913 2 of 6
whose names such elector ran on the official election ballot, or who fails 17
to cast such elector's ballots for the candidates to whom the elector he or 18
she is replacing was pledged, (1) the votes of such elector shall be 19
nullified, (2) such elector shall forfeit such elector's position as 20
presidential elector, causing a vacancy in the electoral college, and (3) 21
the other electors present shall elect by ballot an elector to fill such 22
vacancy, and the person so chosen shall be a presidential elector, shall 23
perform the duties of such office and shall cast his or her ballots for the 24
candidates to whom the elector he or she is replacing was pledged. 25
(b) Any presidential elector who fails to cast such elector's ballots for 26
the candidates under whose names such elector ran on the official ballot, 27
or who fails to cast such elector's ballots for the candidates to whom the 28
elector he or she is replacing was pledged, shall (1) be ineligible, upon 29
such failure and thereafter, to the office of presidential elector, and (2) 30
be imprisoned not more than one year, be fined not more than one 31
thousand dollars, or both. 32
Sec. 2. Section 9-315 of the general statutes is repealed and the 33
following is substituted in lieu thereof (Effective October 1, 2023): 34
(a) The votes returned as cast for a senator in Congress, 35
representatives in Congress and presidential electors shall be publicly 36
counted by the Treasurer, Secretary of the State and Comptroller on the 37
last Wednesday of the month in which they were cast, and such votes 38
shall be counted in conformity to any decision rendered by the judges 39
of the Supreme Court as provided in section 9-323. In accordance with 40
the count so made, they shall, on said day, declare what persons are 41
elected senators in the Congress of the United States or representatives 42
in Congress, and the Secretary of the State shall forthwith notify them 43
by mail of their election; and they shall declare the proper number of 44
persons having the greatest number of votes to be presidential electors 45
and, in case of an equal vote for said electors, shall determine by lot from 46
the persons having such equal number of votes the persons appointed, 47
and the Secretary of the State shall forthwith notify them by mail of their 48
appointment. 49 Raised Bill No. 6872
LCO No. 4913 3 of 6
(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 50
out any duty required under subsection (a) of this section, any resident 51
of the state may bring an action against said officer, as applicable, in the 52
Supreme Court for a writ of mandamus to compel said officer to carry 53
out such duty. Any such resident who prevails in such action shall be 54
entitled to recover court costs and reasonable attorney's fees. 55
Sec. 3. Section 9-316 of the general statutes is repealed and the 56
following is substituted in lieu thereof (Effective October 1, 2023): 57
(a) The Treasurer, Secretary of the State and Comptroller shall, within 58
thirty days after a vacancy election for a senator in Congress or 59
representative in Congress, subject to the provisions of section 9-323, 60
publicly count the votes returned, and declare what person is elected, 61
and the Secretary of the State shall forthwith notify [him] such person 62
by mail of [his] such person's election. The Secretary of the State shall 63
enter the returns in tabular form in books kept by [him] the Secretary 64
for that purpose and present a copy of the same, with the name of, and 65
the total number of votes received by, each of the candidates for said 66
office, to the Governor within ten days thereafter. 67
(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 68
out any duty required under subsection (a) of this section, any resident 69
of the state may bring an action against said officer, as applicable, in the 70
Supreme Court for a writ of mandamus to compel said officer to carry 71
out such duty. Any such resident who prevails in such action shall be 72
entitled to recover court costs and reasonable attorney's fees. 73
Sec. 4. Section 9-317 of the general statutes is repealed and the 74
following is substituted in lieu thereof (Effective October 1, 2023): 75
When any senator in Congress has been elected, the Governor shall 76
certify his election under the seal of the state to the President of the 77
Senate of the United States, which certificate shall be countersigned by 78
the Secretary of the State. If the Governor fails to so certify or the 79
Secretary fails to so countersign, any resident of the state may bring an 80
action against said officer, as applicable, in the Supreme Court for a writ 81 Raised Bill No. 6872
LCO No. 4913 4 of 6
of mandamus to compel said officer to carry out such duty. Any such 82
resident who prevails in such action shall be entitled to recover court 83
costs and reasonable attorney's fees. 84
Sec. 5. Section 9-318 of the general statutes is repealed and the 85
following is substituted in lieu thereof (Effective October 1, 2023): 86
(a) The votes for Governor, Lieutenant Governor, Secretary of the 87
State, Treasurer, Comptroller and Attorney General shall be canvassed 88
by the persons authorized to receive and count the same, within thirty 89
days next after they were cast, unless a complaint under the provisions 90
of section 9-324 is pending, in which case such canvass shall not be made 91
until after the third Monday of December next after they were cast. In 92
making such canvass, the votes upon the returns made by presiding 93
officers shall be counted in conformity to the decision of the judge of the 94
Superior Court or of the Supreme Court, as the case may be, and such 95
canvass shall be in conformity to such decision, and a fair list of such 96
votes made to conform to the original returns of the presiding officers, 97
as corrected or affected by the finding or decision of such judge, with 98
the original returns of the presiding officers and certified copies of the 99
decision of such judge, shall, on the first day of the session, be laid before 100
the General Assembly, which shall declare who are elected to said 101
offices respectively. 102
(b) (1) If any of the persons authorized to receive and count the votes 103
for Governor, Lieutenant Governor, Secretary of the State, Treasurer, 104
Comptroller and Attorney General fail to carry out any duty required 105
under subsection (a) of this section, any resident of the state may bring 106
an action against such person, as applicable, in the Supreme Court for a 107
writ of mandamus to compel such person to carry out such duty. 108
(2) If the General Assembly fails to declare who is elected to any of 109
said offices, as required under subsection (a) of this section and in 110
accordance with the provisions of section 9-173, any resident of the state 111
may bring an action against the General Assembly in the Supreme Court 112
for a writ of mandamus to compel the General Assembly to carry out 113 Raised Bill No. 6872
LCO No. 4913 5 of 6
such duty. 114
(3) Any resident of the state who prevails in an action brought under 115
subdivision (1) or (2) of this subsection shall be entitled to recover court 116
costs and reasonable attorney's fees. 117
Sec. 6. Section 9-319 of the general statutes is repealed and the 118
following is substituted in lieu thereof (Effective October 1, 2023): 119
(a) The votes for state senators, state representatives and judges of 120
probate, as returned by the moderators, shall be canvassed, during the 121
month in which they are cast, by the Treasurer, Secretary of the State 122
and Comptroller, and they shall declare, except in case of a tie vote, who 123
is elected senator in each senatorial district, representative in each 124
assembly district and judge of probate in each probate district. The 125
Secretary of the State shall, within three days after such declaration, give 126
notice by mail to each person chosen state senator, state representative 127
or judge of probate of his election. 128
(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 129
out any duty required under subsection (a) of this section, any resident 130
of the state may bring an action against said officer, as applicable, in the 131
Supreme Court for a writ of mandamus to compel said officer to carry 132
out such duty. Any such resident who prevails in such action shall be 133
entitled to recover court costs and reasonable attorney's fees. 134
Sec. 7. Subsection (b) of section 51-199 of the general statutes is 135
repealed and the following is substituted in lieu thereof (Effective October 136
1, 2023): 137
(b) The following matters shall be taken directly to the Supreme 138
Court: (1) Any matter brought pursuant to the original jurisdiction of 139
the Supreme Court under section 2 of article sixteen of the amendments 140
to the Constitution; (2) an appeal in any matter where the Superior 141
Court declares invalid a state statute or a provision of the state 142
Constitution; (3) an appeal in any criminal action involving a conviction 143
for a capital felony under the provisions of section 53a-54b in effect prior 144 Raised Bill No. 6872
LCO No. 4913 6 of 6
to April 25, 2012, class A felony or any other felony, including any 145
persistent offender status, for which the maximum sentence which may 146
be imposed exceeds twenty years; (4) review of a sentence of death 147
pursuant to section 53a-46b; (5) any election or primary dispute brought 148
to the Supreme Court pursuant to section 9-323 or 9-325, or any action 149
for a writ of mandamus brought to the Supreme Court pursuant to 150
sections 9-315 to 9-319, inclusive, as amended by this act; (6) an appeal 151
of any reprimand or censure of a probate judge pursuant to section 45a-152
65; (7) any matter regarding judicial removal or suspension pursuant to 153
section 51-51j; (8) an appeal of any decision of the Judicial Review 154
Council pursuant to section 51-51r; (9) any matter brought to the 155
Supreme Court pursuant to section 52-265a; and (10) any other matter 156
as provided by law. 157
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 9-176
Sec. 2 October 1, 2023 9-315
Sec. 3 October 1, 2023 9-316
Sec. 4 October 1, 2023 9-317
Sec. 5 October 1, 2023 9-318
Sec. 6 October 1, 2023 9-319
Sec. 7 October 1, 2023 51-199(b)
Statement of Purpose:
To (1) nullify the vote of, remove, replace and impose certain penalties
upon faithless presidential electors, and (2) allow for mandamus actions
to be brought in the Supreme Court to compel certain officers to comply
with laws relating to certification or declaration of election results.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]