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General Assembly Substitute Bill No. 6872
January Session, 2023
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 Section 9-176 of the general statutes is repealed and the 1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 3
of the State at twelve o'clock [,] noon [,] on the first Monday after the 4
second Wednesday of the December following their election and, as 5
required by the Constitution and laws of the United States, shall cast 6
their ballots for President and Vice President. Each such elector shall 7
cast [his] such elector's ballots for the candidates under whose names 8
[he] such elector ran on the official election ballot, as provided in 9
section 9-175. If any such elector is absent or if there is a vacancy in the 10
electoral college for any cause, the electors present shall, before voting 11
for President and Vice President, elect by ballot an elector to fill such 12
vacancy, and the person so chosen shall be a presidential elector, shall 13
perform the duties of such office and shall cast his or her ballots for the 14
candidates to whom the elector he or she is replacing was pledged. In 15
the case of any such elector who fails to cast such elector's ballots for 16
the candidates under whose names such elector ran on the official 17
election ballot, or who fails to cast such elector's ballots for the 18
candidates to whom the elector he or she is replacing was pledged, (1) 19 Substitute Bill No. 6872
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the votes of such elector shall be nullified, (2) such elector shall forfeit 20
such elector's office as presidential elector, causing a vacancy in the 21
electoral college, and (3) the other electors present shall elect by ballot 22
an elector to fill such vacancy, and the person so chosen shall be a 23
presidential elector, shall perform the duties of such office and shall 24
cast his or her ballots for the candidates to whom the elector he or she 25
is replacing was pledged. 26
(b) Any presidential elector who fails to cast such elector's ballots 27
for the candidates under whose names such elector ran on the official 28
ballot, or who fails to cast such elector's ballots for the candidates to 29
whom the elector he or she is replacing was pledged, shall (1) be 30
ineligible, upon such failure and thereafter, to the office of presidential 31
elector, and (2) be imprisoned not more than one year, be fined not 32
more than one thousand dollars, or both. 33
Sec. 2. Section 9-315 of the general statutes is repealed and the 34
following is substituted in lieu thereof (Effective October 1, 2023): 35
(a) The votes returned as cast for a senator in Congress, 36
representatives in Congress and presidential electors shall be publicly 37
counted by the Treasurer, Secretary of the State and Comptroller on 38
the last Wednesday of the month in which they were cast, and such 39
votes shall be counted in conformity to any decision rendered by the 40
judges of the Supreme Court as provided in section 9-323. In 41
accordance with the count so made, they shall, on said day, declare 42
what persons are elected senators in the Congress of the United States 43
or representatives in Congress, and the Secretary of the State shall 44
forthwith notify them by mail of their election; and they shall declare 45
the proper number of persons having the greatest number of votes to 46
be presidential electors and, in case of an equal vote for said electors, 47
shall determine by lot from the persons having such equal number of 48
votes the persons appointed, and the Secretary of the State shall 49
forthwith notify them by mail of their appointment. 50
(b) If the Treasurer, Secretary of the State or Comptroller fails to 51 Substitute Bill No. 6872
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carry out any duty required under subsection (a) of this section, any 52
resident of the state may bring an action against said officer, as 53
applicable, in the Supreme Court for a writ of mandamus to compel 54
said officer to carry out such duty. Any such resident who prevails in 55
such action shall be entitled to recover court costs and reasonable 56
attorney's fees. 57
Sec. 3. Section 9-316 of the general statutes is repealed and the 58
following is substituted in lieu thereof (Effective October 1, 2023): 59
(a) The Treasurer, Secretary of the State and Comptroller shall, 60
within thirty days after a vacancy election for a senator in Congress or 61
representative in Congress, subject to the provisions of section 9-323, 62
publicly count the votes returned, and declare what person is elected, 63
and the Secretary of the State shall forthwith notify [him] such person 64
by mail of [his] such person's election. The Secretary of the State shall 65
enter the returns in tabular form in books kept by [him] the Secretary 66
for that purpose and present a copy of the same, with the name of, and 67
the total number of votes received by, each of the candidates for said 68
office, to the Governor within ten days thereafter. 69
(b) If the Treasurer, Secretary of the State or Comptroller fails to 70
carry out any duty required under subsection (a) of this section, any 71
resident of the state may bring an action against said officer, as 72
applicable, in the Supreme Court for a writ of mandamus to compel 73
said officer to carry out such duty. Any such resident who prevails in 74
such action shall be entitled to recover court costs and reasonable 75
attorney's fees. 76
Sec. 4. Section 9-317 of the general statutes is repealed and the 77
following is substituted in lieu thereof (Effective October 1, 2023): 78
When any senator in Congress has been elected, the Governor shall 79
certify [his] such election under the seal of the state to the President of 80
the Senate of the United States, which certificate shall be countersigned 81
by the Secretary of the State. If the Governor fails to so certify or the 82 Substitute Bill No. 6872
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Secretary fails to so countersign, any resident of the state may bring an 83
action against said officer, as applicable, in the Supreme Court for a 84
writ of mandamus to compel said officer to carry out such duty. Any 85
such resident who prevails in such action shall be entitled to recover 86
court costs and reasonable attorney's fees. 87
Sec. 5. Section 9-318 of the general statutes is repealed and the 88
following is substituted in lieu thereof (Effective October 1, 2023): 89
(a) The votes for Governor, Lieutenant Governor, Secretary of the 90
State, Treasurer, Comptroller and Attorney General shall be canvassed 91
by the persons authorized to receive and count the same, within thirty 92
days next after they were cast, unless a complaint under the provisions 93
of section 9-324 is pending, in which case such canvass shall not be 94
made until after the third Monday of December next after they were 95
cast. In making such canvass, the votes upon the returns made by 96
presiding officers shall be counted in conformity to the decision of the 97
judge of the Superior Court or of the Supreme Court, as the case may 98
be, and such canvass shall be in conformity to such decision, and a fair 99
list of such votes made to conform to the original returns of the 100
presiding officers, as corrected or affected by the finding or decision of 101
such judge, with the original returns of the presiding officers and 102
certified copies of the decision of such judge, shall, on the first day of 103
the session, be laid before the General Assembly, which shall declare 104
who are elected to said offices respectively. 105
(b) (1) If any of the persons authorized to receive and count the 106
votes for Governor, Lieutenant Governor, Secretary of the State, 107
Treasurer, Comptroller or Attorney General fail to carry out any duty 108
required under subsection (a) of this section, any resident of the state 109
may bring an action against such person, as applicable, in the Supreme 110
Court for a writ of mandamus to compel such person to carry out such 111
duty. 112
(2) If the General Assembly fails to declare who is elected to any of 113
said offices, as required under subsection (a) of this section and in 114 Substitute Bill No. 6872
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accordance with the provisions of section 9-173, any resident of the 115
state may bring an action against the General Assembly in the 116
Supreme Court for a writ of mandamus to compel the General 117
Assembly to carry out such duty. 118
(3) Any resident of the state who prevails in an action brought 119
under subdivision (1) or (2) of this subsection shall be entitled to 120
recover court costs and reasonable attorney's fees. 121
Sec. 6. Section 9-319 of the general statutes is repealed and the 122
following is substituted in lieu thereof (Effective October 1, 2023): 123
(a) The votes for state senators, state representatives and judges of 124
probate, as returned by the moderators, shall be canvassed, during the 125
month in which they are cast, by the Treasurer, Secretary of the State 126
and Comptroller, and they shall declare, except in case of a tie vote, 127
who is elected senator in each senatorial district, representative in each 128
assembly district and judge of probate in each probate district. The 129
Secretary of the State shall, within three days after such declaration, 130
give notice by mail to each person chosen state senator, state 131
representative or judge of probate of [his] such person's election. 132
(b) If the Treasurer, Secretary of the State or Comptroller fails to 133
carry out any duty required under subsection (a) of this section, any 134
resident of the state may bring an action against said officer, as 135
applicable, in the Supreme Court for a writ of mandamus to compel 136
said officer to carry out such duty. Any such resident who prevails in 137
such action shall be entitled to recover court costs and reasonable 138
attorney's fees. 139
Sec. 7. Subsections (b) and (c) of section 51-199 of the general 140
statutes are repealed and the following is substituted in lieu thereof 141
(Effective October 1, 2023): 142
(b) The following matters shall be taken directly to the Supreme 143
Court: (1) Any matter brought pursuant to the original jurisdiction of 144
the Supreme Court under section 2 of article [sixteen] sixteenth of the 145 Substitute Bill No. 6872
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amendments to the Constitution; (2) an appeal in any matter where the 146
Superior Court declares invalid a state statute or a provision of the 147
state Constitution; (3) an appeal in any criminal action involving a 148
conviction for a capital felony under the provisions of section 53a-54b 149
in effect prior to April 25, 2012, class A felony or any other felony, 150
including any persistent offender status, for which the maximum 151
sentence which may be imposed exceeds twenty years; (4) review of a 152
sentence of death pursuant to section 53a-46b; (5) any election or 153
primary dispute brought to the Supreme Court pursuant to section 9-154
323 or 9-325, or any action for a writ of mandamus brought to the 155
Supreme Court pursuant to sections 9-315 to 9-319, inclusive, as 156
amended by this act; (6) an appeal of any reprimand or censure of a 157
probate judge pursuant to section 45a-65; (7) any matter regarding 158
judicial removal or suspension pursuant to section 51-51j; (8) an appeal 159
of any decision of the Judicial Review Council pursuant to section 51-160
51r; (9) any matter brought to the Supreme Court pursuant to section 161
52-265a; and (10) any other matter as provided by law. 162
(c) The Supreme Court may transfer to itself a cause in the Appellate 163
Court. Except for any matter brought pursuant to its original 164
jurisdiction under section 2 of article [sixteen] sixteenth of the 165
amendments to the Constitution, the Supreme Court may transfer a 166
cause or class of causes from itself, including any cause or class of 167
causes pending on July 1, 1983, to the Appellate Court. The court to 168
which a cause is transferred has jurisdiction. 169
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) and (c)
Substitute Bill No. 6872
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Statement of Legislative Commissioners:
In Section 1(a)(2), "position" was changed to "office" for internal
consistency; in Section 4, "his election" was changed to "[his] such
election" for consistency with standard drafting conventions; in Section
5(b)(1), "Comptroller and Attorney General" was changed to
"Comptroller or Attorney General" for clarity and accuracy; in Section
6(a), "his election" was changed to "[his] such person's election" for
consistency with standard drafting conventions; in Section 7, "sixteen"
was changed to "[sixteen] sixteenth" for consistency with standard
drafting conventions, and Subsec. (c) was added to conform with such
change.
GAE Joint Favorable Subst. -LCO