Researcher: MHF Page 1 5/18/23
OLR Bill Analysis
sHB 6872 (as amended by House “A”)*
AN ACT CONCERNING FAITHLESS PRESIDENTIAL ELECTORS
AND AUTHORIZING MANDAMUS ACTIONS RELATED TO THE
CERTIFICATION OR DECLARATION OF ELECTION RESULTS.
SUMMARY
This bill creates several practices regarding the certification and
election of public officials. Specifically, the bill does the following:
1. establishes procedures for nullifying the vote of, and removing
and replacing, a presidential elector who does not vote as
pledged (i.e., a faithless elector);
2. establishes a criminal penalty for becoming a faithless elector and
a bar from serving as a presidential elector in the future;
3. specifies that certain provisions on presidential electors are no
longer effective if the National Popular Vote Interstate Compact
(NPVIC, see BACKGROUND) takes effect;
4. moves the date that presidential electors convene by one day,
from the first Monday after the second Wednesday in December
to the first Tuesday; and
5. authorizes any state resident to bring mandamus actions against
certain officials charged with certifying election results.
The bill also makes technical changes.
*House Amendment “A” adds provisions (1) moving the date that
presidential electors convene by one day and (2) specifying that certain
provisions of existing law and the bill will cease to be effective if the
NPVIC takes effect. 2023HB-06872-R010786-BA.DOCX
Researcher: MHF Page 2 5/18/23
EFFECTIVE DATE: October 1, 2023
FAITHLESS ELECTORS
Under existing law, when a voter casts a ballot for a presidential
candidate, the ballot is cast for a slate of presidential electors who have
pledged to vote for that candidate when all state electors convene to
choose the president and vice president of the United States (CGS § 9-
175). State law currently requires presidential electors to vote for the
presidential and vice-presidential candidates under whose names they
ran on the official ballot, but it does not impose consequences if they fail
to do so.
In the case of a presidential elector who does not vote for the
candidates under whose name he or she ran on the ballot, the bill does
the following:
1. nullifies the vote;
2. requires the elector to forfeit his or her office as presidential
elector, causing a vacancy;
3. requires the other electors present to elect by ballot a replacement
elector to fill the vacancy;
4. requires the replacement elector to vote for the candidates to
whom the elector being replaced was pledged;
5. bars future eligibility as an elector; and
6. subjects the elector to a fine of up to $1,000, up to a year in prison,
or both.
The bill also applies these provisions to replacement presidential
electors who fail to vote for the candidates to whom the elector being
replaced was pledged.
Additionally, the bill specifies that the law on presidential electors’
casting of ballots, and the bill’s related provisions, cease to be effective
if the NPVIC takes effect under existing law (CGS § 9-175a). 2023HB-06872-R010786-BA.DOCX
Researcher: MHF Page 3 5/18/23
WRIT OF MANDAMUS
The bill allows any state resident to bring a mandamus action directly
to the Connecticut Supreme Court to compel certain officers to comply
with laws relating to certification or declaration of election results (see
the table below, organized by bill section number). The bill also
establishes the court’s jurisdiction to hear such cases. If a resident
prevails in the action, the bill authorizes the recovery of court costs and
reasonable attorney’s fees.
A writ of mandamus is a court order that compels a public official or
agency to perform a specific duty. However, under Connecticut
Supreme Court precedent, a writ is only proper when “(1) the law
imposes on the party against whom the writ would run a duty the
performance of which is mandatory and not discretionary; (2) the party
applying for the writ has a clear legal right to have the duty performed;
and (3) there is no other specific adequate remedy” (Miles v. Foley, 253
Conn. 381 (2000)).
Table: Covered Offices and Certifying Officials
§ Office to be Certified Certifying Officials
2
Congressional legislators and
presidential electors
Treasurer, secretary of the state (SOTS),
and comptroller
3 Vacancy for Congressional seat Treasurer, SOTS, and comptroller
4 Congressional senator Governor and SOTS
5
Governor, lieutenant governor, and
constitutional officers
People authorized to receive and count the
votes and the General Assembly
6 State legislators and probate judges Treasurer, SOTS, and comptroller
BACKGROUND
Related Case
In 2020, the U.S. Supreme Court affirmed a Washington Supreme
Court decision, holding that a state may constitutionally enforce a
presidential elector’s pledge to support his or her party’s nominee—and
the state voters’ choice—for president (Chiafalo et al. v. Washington, 140
S. Ct. 2316 (2020)).
National Popular Vote Interstate Compact 2023HB-06872-R010786-BA.DOCX
Researcher: MHF Page 4 5/18/23
The NPVIC is an interstate agreement that any state party to the
agreement will commit its presidential electors to the national popular
vote winner if enough jurisdictions have done so to cumulatively
possess a majority of the Electoral College votes (currently 270 of 538
votes).
To date, 14 other states (California, Colorado, Delaware, Hawaii,
Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York,
Oregon, Rhode Island, Vermont, and Washington) and Washington,
D.C. have adopted the compact. Together with Connecticut, they
currently hold 195 electoral votes. (These electoral votes are based on
population and the U.S. Census; thus, they are current until at least the
next decennial census in 2030.)
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 13 Nay 6 (03/15/2023)
Judiciary Committee
Joint Favorable
Yea 23 Nay 13 (04/19/2023)