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.
As Amended by House "A" (LCO 7208)
House Calendar No.: 235
Primary Analyst: BP 5/17/23
Contributing Analyst(s): ME, MT, NN, PR
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 24 $ FY 25 $
Comptroller - Adjudicated
Claims Account
GF - Potential
Cost
See Below See Below
Judicial Dept. (Probation);
Correction, Dept.
GF - Potential
Cost
See Below See Below
Resources of the General Fund GF - Potential
Revenue Gain
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 creates criminal penalties for faithless electors and allows
residents of Connecticut to sue certain officials for failing to perform
their duties related to elections resulting in the potential costs and
revenue gains described below.
Section 1 creates a criminal penalty of up to a $1,000 fine and up to
one year of jail which results in a potential cost for incarceration or
probation and a potential revenue gain from fines. On average, the 2023HB-06872-R010786-FN.DOCX Page 2 of 2
marginal cost to the state for incarcerating an offender for the year is
$2,500
1
while the average marginal cost for supervision in the
community is less than $800
2
each year.
Sections 2-6 allows residents of Connecticut to bring legal action to
certain officials for failing to perform their duties related to elections
which results in a potential future cost to the Office of the State
Comptroller- Adjudicated Claims account to the extent that claims
against the state are made and are successful. In addition, the bill allows
suits to be brought against certain municipal officials. This results in a
potential cost to municipalities in the event the claim is successful.
House "A" alters the meeting day of presidential electors and
provides a provision that will nullify the criminal penalties that apply
to faithless presidential electors if the presidential election moves to a
popular vote.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number of offenses and cases.
1
Inmate marginal cost is based on increased consumables (e.g. food, clothing, water,
sewage, living supplies, etc.) This does not include a change in staffing costs or utility
expenses because these would only be realized if a unit or facility opened.
2
Probation marginal cost is based on services provided by private providers and only
includes costs that increase with each additional participant. This does not include a
cost for additional supervision by a probation officer unless a new offense is
anticipated to result in enough additional offenders to require additional probation
officers.