OFFICE OF FISCAL ANALYSIS Legislative Office Building, Room 5200 Hartford, CT 06106 (860) 240-0200 http://www.cga.ct.gov/ofa sHB-6872 AN ACT CONCERNING FAITHLESS PRESIDENTIAL ELECTORS AND AUTHORIZING MANDAMUS ACTIONS RELATED TO THE CERTIFICATION OR DECLARATION OF ELECTION RESULTS. Primary Analyst: MT 3/29/23 Contributing Analyst(s): Reviewer: EW OFA Fiscal Note State Impact: Agency Affected Fund-Effect FY 24 $ FY 25 $ Governor's Off.; Treasurer; Attorney General; Secretary of the State GF - Potential Cost See Below See Below Note: GF=General Fund Municipal Impact: Municipalities Effect FY 24 $ FY 25 $ Various Municipalities Potential Cost See Below See Below Explanation The bill does create some potential cost to the state. The bill creates criminal penalties for faithless electors at the national level; and empowers state residents to bring a writ of mandamus action against specific officers to complete certification duties. Any mandamus case would be given jurisdiction to the Connecticut Supreme Court. The bill does note that if a resident were to prevail in their lawsuit, they would be able to recover their court costs and reasonable attorney's fees. While it is not specifically stipulated who those potential fees could be recovered from, if it were state government, some costs could be involved. Because registrars and municipal officials are responsible for some 2023HB-06872-R000336-FN.DOCX Page 2 of 2 election related certification it is possible that they too could face a mandamus lawsuit. Should the individual suing prevail like state government local government could face costs of recovery. The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.