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Connecticut House Bill HB06872

Connecticut 2023 Regular Session

Connecticut House Bill HB06872 Compare Versions

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77 General Assembly Substitute Bill No. 6872
88 January Session, 2023
99
1010
1111
1212 AN ACT CONCERNING FAITHLESS PRESIDENTIAL ELECTORS AND
1313 AUTHORIZING MANDAMUS ACTIONS RELATED TO THE
1414 CERTIFICATION OR DECLARATION OF ELECTION RESULTS.
1515 Be it enacted by the Senate and House of Representatives in General
1616 Assembly convened:
1717
1818 Section 1. Section 9-176 of the general statutes is repealed and the 1
1919 following is substituted in lieu thereof (Effective October 1, 2023): 2
20-(a) The presidential electors shall meet at the office of the Secretary of 3
21-the State at twelve o'clock [,] noon [,] on the first Monday after the 4
20+(a) The presidential electors shall meet at the office of the Secretary 3
21+of the State at twelve o'clock [,] noon [,] on the first Monday after the 4
2222 second Wednesday of the December following their election and, as 5
2323 required by the Constitution and laws of the United States, shall cast 6
2424 their ballots for President and Vice President. Each such elector shall 7
2525 cast [his] such elector's ballots for the candidates under whose names 8
26-[he] such elector ran on the official election ballot, as provided in section 9
27-9-175. If any such elector is absent or if there is a vacancy in the electoral 10
28-college for any cause, the electors present shall, before voting for 11
29-President and Vice President, elect by ballot an elector to fill such 12
26+[he] such elector ran on the official election ballot, as provided in 9
27+section 9-175. If any such elector is absent or if there is a vacancy in the 10
28+electoral college for any cause, the electors present shall, before voting 11
29+for President and Vice President, elect by ballot an elector to fill such 12
3030 vacancy, and the person so chosen shall be a presidential elector, shall 13
3131 perform the duties of such office and shall cast his or her ballots for the 14
3232 candidates to whom the elector he or she is replacing was pledged. In 15
33-the case of any such elector who fails to cast such elector's ballots for the 16
34-candidates under whose names such elector ran on the official election 17
35-ballot, or who fails to cast such elector's ballots for the candidates to 18 Substitute Bill No. 6872
33+the case of any such elector who fails to cast such elector's ballots for 16
34+the candidates under whose names such elector ran on the official 17
35+election ballot, or who fails to cast such elector's ballots for the 18
36+candidates to whom the elector he or she is replacing was pledged, (1) 19 Substitute Bill No. 6872
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42-whom the elector he or she is replacing was pledged, (1) the votes of 19
43-such elector shall be nullified, (2) such elector shall forfeit such elector's 20
44-office as presidential elector, causing a vacancy in the electoral college, 21
45-and (3) the other electors present shall elect by ballot an elector to fill 22
46-such vacancy, and the person so chosen shall be a presidential elector, 23
47-shall perform the duties of such office and shall cast his or her ballots 24
48-for the candidates to whom the elector he or she is replacing was 25
49-pledged. 26
50-(b) Any presidential elector who fails to cast such elector's ballots for 27
51-the candidates under whose names such elector ran on the official ballot, 28
52-or who fails to cast such elector's ballots for the candidates to whom the 29
53-elector he or she is replacing was pledged, shall (1) be ineligible, upon 30
54-such failure and thereafter, to the office of presidential elector, and (2) 31
55-be imprisoned not more than one year, be fined not more than one 32
56-thousand dollars, or both. 33
43+the votes of such elector shall be nullified, (2) such elector shall forfeit 20
44+such elector's office as presidential elector, causing a vacancy in the 21
45+electoral college, and (3) the other electors present shall elect by ballot 22
46+an elector to fill such vacancy, and the person so chosen shall be a 23
47+presidential elector, shall perform the duties of such office and shall 24
48+cast his or her ballots for the candidates to whom the elector he or she 25
49+is replacing was pledged. 26
50+(b) Any presidential elector who fails to cast such elector's ballots 27
51+for the candidates under whose names such elector ran on the official 28
52+ballot, or who fails to cast such elector's ballots for the candidates to 29
53+whom the elector he or she is replacing was pledged, shall (1) be 30
54+ineligible, upon such failure and thereafter, to the office of presidential 31
55+elector, and (2) be imprisoned not more than one year, be fined not 32
56+more than one thousand dollars, or both. 33
5757 Sec. 2. Section 9-315 of the general statutes is repealed and the 34
5858 following is substituted in lieu thereof (Effective October 1, 2023): 35
5959 (a) The votes returned as cast for a senator in Congress, 36
6060 representatives in Congress and presidential electors shall be publicly 37
61-counted by the Treasurer, Secretary of the State and Comptroller on the 38
62-last Wednesday of the month in which they were cast, and such votes 39
63-shall be counted in conformity to any decision rendered by the judges 40
64-of the Supreme Court as provided in section 9-323. In accordance with 41
65-the count so made, they shall, on said day, declare what persons are 42
66-elected senators in the Congress of the United States or representatives 43
67-in Congress, and the Secretary of the State shall forthwith notify them 44
68-by mail of their election; and they shall declare the proper number of 45
69-persons having the greatest number of votes to be presidential electors 46
70-and, in case of an equal vote for said electors, shall determine by lot from 47
71-the persons having such equal number of votes the persons appointed, 48
72-and the Secretary of the State shall forthwith notify them by mail of their 49
73-appointment. 50 Substitute Bill No. 6872
61+counted by the Treasurer, Secretary of the State and Comptroller on 38
62+the last Wednesday of the month in which they were cast, and such 39
63+votes shall be counted in conformity to any decision rendered by the 40
64+judges of the Supreme Court as provided in section 9-323. In 41
65+accordance with the count so made, they shall, on said day, declare 42
66+what persons are elected senators in the Congress of the United States 43
67+or representatives in Congress, and the Secretary of the State shall 44
68+forthwith notify them by mail of their election; and they shall declare 45
69+the proper number of persons having the greatest number of votes to 46
70+be presidential electors and, in case of an equal vote for said electors, 47
71+shall determine by lot from the persons having such equal number of 48
72+votes the persons appointed, and the Secretary of the State shall 49
73+forthwith notify them by mail of their appointment. 50
74+(b) If the Treasurer, Secretary of the State or Comptroller fails to 51 Substitute Bill No. 6872
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80-(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 51
81-out any duty required under subsection (a) of this section, any resident 52
82-of the state may bring an action against said officer, as applicable, in the 53
83-Supreme Court for a writ of mandamus to compel said officer to carry 54
84-out such duty. Any such resident who prevails in such action shall be 55
85-entitled to recover court costs and reasonable attorney's fees. 56
86-Sec. 3. Section 9-316 of the general statutes is repealed and the 57
87-following is substituted in lieu thereof (Effective October 1, 2023): 58
88-(a) The Treasurer, Secretary of the State and Comptroller shall, within 59
89-thirty days after a vacancy election for a senator in Congress or 60
90-representative in Congress, subject to the provisions of section 9-323, 61
91-publicly count the votes returned, and declare what person is elected, 62
92-and the Secretary of the State shall forthwith notify [him] such person 63
93-by mail of [his] such person's election. The Secretary of the State shall 64
94-enter the returns in tabular form in books kept by [him] the Secretary 65
95-for that purpose and present a copy of the same, with the name of, and 66
96-the total number of votes received by, each of the candidates for said 67
97-office, to the Governor within ten days thereafter. 68
98-(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 69
99-out any duty required under subsection (a) of this section, any resident 70
100-of the state may bring an action against said officer, as applicable, in the 71
101-Supreme Court for a writ of mandamus to compel said officer to carry 72
102-out such duty. Any such resident who prevails in such action shall be 73
103-entitled to recover court costs and reasonable attorney's fees. 74
104-Sec. 4. Section 9-317 of the general statutes is repealed and the 75
105-following is substituted in lieu thereof (Effective October 1, 2023): 76
106-When any senator in Congress has been elected, the Governor shall 77
107-certify [his] such election under the seal of the state to the President of 78
108-the Senate of the United States, which certificate shall be countersigned 79
109-by the Secretary of the State. If the Governor fails to so certify or the 80
110-Secretary fails to so countersign, any resident of the state may bring an 81 Substitute Bill No. 6872
81+carry out any duty required under subsection (a) of this section, any 52
82+resident of the state may bring an action against said officer, as 53
83+applicable, in the Supreme Court for a writ of mandamus to compel 54
84+said officer to carry out such duty. Any such resident who prevails in 55
85+such action shall be entitled to recover court costs and reasonable 56
86+attorney's fees. 57
87+Sec. 3. Section 9-316 of the general statutes is repealed and the 58
88+following is substituted in lieu thereof (Effective October 1, 2023): 59
89+(a) The Treasurer, Secretary of the State and Comptroller shall, 60
90+within thirty days after a vacancy election for a senator in Congress or 61
91+representative in Congress, subject to the provisions of section 9-323, 62
92+publicly count the votes returned, and declare what person is elected, 63
93+and the Secretary of the State shall forthwith notify [him] such person 64
94+by mail of [his] such person's election. The Secretary of the State shall 65
95+enter the returns in tabular form in books kept by [him] the Secretary 66
96+for that purpose and present a copy of the same, with the name of, and 67
97+the total number of votes received by, each of the candidates for said 68
98+office, to the Governor within ten days thereafter. 69
99+(b) If the Treasurer, Secretary of the State or Comptroller fails to 70
100+carry out any duty required under subsection (a) of this section, any 71
101+resident of the state may bring an action against said officer, as 72
102+applicable, in the Supreme Court for a writ of mandamus to compel 73
103+said officer to carry out such duty. Any such resident who prevails in 74
104+such action shall be entitled to recover court costs and reasonable 75
105+attorney's fees. 76
106+Sec. 4. Section 9-317 of the general statutes is repealed and the 77
107+following is substituted in lieu thereof (Effective October 1, 2023): 78
108+When any senator in Congress has been elected, the Governor shall 79
109+certify [his] such election under the seal of the state to the President of 80
110+the Senate of the United States, which certificate shall be countersigned 81
111+by the Secretary of the State. If the Governor fails to so certify or the 82 Substitute Bill No. 6872
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117-action against said officer, as applicable, in the Supreme Court for a writ 82
118-of mandamus to compel said officer to carry out such duty. Any such 83
119-resident who prevails in such action shall be entitled to recover court 84
120-costs and reasonable attorney's fees. 85
121-Sec. 5. Section 9-318 of the general statutes is repealed and the 86
122-following is substituted in lieu thereof (Effective October 1, 2023): 87
123-(a) The votes for Governor, Lieutenant Governor, Secretary of the 88
124-State, Treasurer, Comptroller and Attorney General shall be canvassed 89
125-by the persons authorized to receive and count the same, within thirty 90
126-days next after they were cast, unless a complaint under the provisions 91
127-of section 9-324 is pending, in which case such canvass shall not be made 92
128-until after the third Monday of December next after they were cast. In 93
129-making such canvass, the votes upon the returns made by presiding 94
130-officers shall be counted in conformity to the decision of the judge of the 95
131-Superior Court or of the Supreme Court, as the case may be, and such 96
132-canvass shall be in conformity to such decision, and a fair list of such 97
133-votes made to conform to the original returns of the presiding officers, 98
134-as corrected or affected by the finding or decision of such judge, with 99
135-the original returns of the presiding officers and certified copies of the 100
136-decision of such judge, shall, on the first day of the session, be laid before 101
137-the General Assembly, which shall declare who are elected to said 102
138-offices respectively. 103
139-(b) (1) If any of the persons authorized to receive and count the votes 104
140-for Governor, Lieutenant Governor, Secretary of the State, Treasurer, 105
141-Comptroller or Attorney General fail to carry out any duty required 106
142-under subsection (a) of this section, any resident of the state may bring 107
143-an action against such person, as applicable, in the Supreme Court for a 108
144-writ of mandamus to compel such person to carry out such duty. 109
145-(2) If the General Assembly fails to declare who is elected to any of 110
146-said offices, as required under subsection (a) of this section and in 111
147-accordance with the provisions of section 9-173, any resident of the state 112
148-may bring an action against the General Assembly in the Supreme Court 113 Substitute Bill No. 6872
118+Secretary fails to so countersign, any resident of the state may bring an 83
119+action against said officer, as applicable, in the Supreme Court for a 84
120+writ of mandamus to compel said officer to carry out such duty. Any 85
121+such resident who prevails in such action shall be entitled to recover 86
122+court costs and reasonable attorney's fees. 87
123+Sec. 5. Section 9-318 of the general statutes is repealed and the 88
124+following is substituted in lieu thereof (Effective October 1, 2023): 89
125+(a) The votes for Governor, Lieutenant Governor, Secretary of the 90
126+State, Treasurer, Comptroller and Attorney General shall be canvassed 91
127+by the persons authorized to receive and count the same, within thirty 92
128+days next after they were cast, unless a complaint under the provisions 93
129+of section 9-324 is pending, in which case such canvass shall not be 94
130+made until after the third Monday of December next after they were 95
131+cast. In making such canvass, the votes upon the returns made by 96
132+presiding officers shall be counted in conformity to the decision of the 97
133+judge of the Superior Court or of the Supreme Court, as the case may 98
134+be, and such canvass shall be in conformity to such decision, and a fair 99
135+list of such votes made to conform to the original returns of the 100
136+presiding officers, as corrected or affected by the finding or decision of 101
137+such judge, with the original returns of the presiding officers and 102
138+certified copies of the decision of such judge, shall, on the first day of 103
139+the session, be laid before the General Assembly, which shall declare 104
140+who are elected to said offices respectively. 105
141+(b) (1) If any of the persons authorized to receive and count the 106
142+votes for Governor, Lieutenant Governor, Secretary of the State, 107
143+Treasurer, Comptroller or Attorney General fail to carry out any duty 108
144+required under subsection (a) of this section, any resident of the state 109
145+may bring an action against such person, as applicable, in the Supreme 110
146+Court for a writ of mandamus to compel such person to carry out such 111
147+duty. 112
148+(2) If the General Assembly fails to declare who is elected to any of 113
149+said offices, as required under subsection (a) of this section and in 114 Substitute Bill No. 6872
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155-for a writ of mandamus to compel the General Assembly to carry out 114
156-such duty. 115
157-(3) Any resident of the state who prevails in an action brought under 116
158-subdivision (1) or (2) of this subsection shall be entitled to recover court 117
159-costs and reasonable attorney's fees. 118
160-Sec. 6. Section 9-319 of the general statutes is repealed and the 119
161-following is substituted in lieu thereof (Effective October 1, 2023): 120
162-(a) The votes for state senators, state representatives and judges of 121
163-probate, as returned by the moderators, shall be canvassed, during the 122
164-month in which they are cast, by the Treasurer, Secretary of the State 123
165-and Comptroller, and they shall declare, except in case of a tie vote, who 124
166-is elected senator in each senatorial district, representative in each 125
167-assembly district and judge of probate in each probate district. The 126
168-Secretary of the State shall, within three days after such declaration, give 127
169-notice by mail to each person chosen state senator, state representative 128
170-or judge of probate of [his] such person's election. 129
171-(b) If the Treasurer, Secretary of the State or Comptroller fails to carry 130
172-out any duty required under subsection (a) of this section, any resident 131
173-of the state may bring an action against said officer, as applicable, in the 132
174-Supreme Court for a writ of mandamus to compel said officer to carry 133
175-out such duty. Any such resident who prevails in such action shall be 134
176-entitled to recover court costs and reasonable attorney's fees. 135
177-Sec. 7. Subsections (b) and (c) of section 51-199 of the general statutes 136
178-are repealed and the following is substituted in lieu thereof (Effective 137
179-October 1, 2023): 138
180-(b) The following matters shall be taken directly to the Supreme 139
181-Court: (1) Any matter brought pursuant to the original jurisdiction of 140
182-the Supreme Court under section 2 of article [sixteen] sixteenth of the 141
183-amendments to the Constitution; (2) an appeal in any matter where the 142
184-Superior Court declares invalid a state statute or a provision of the state 143
185-Constitution; (3) an appeal in any criminal action involving a conviction 144 Substitute Bill No. 6872
156+accordance with the provisions of section 9-173, any resident of the 115
157+state may bring an action against the General Assembly in the 116
158+Supreme Court for a writ of mandamus to compel the General 117
159+Assembly to carry out such duty. 118
160+(3) Any resident of the state who prevails in an action brought 119
161+under subdivision (1) or (2) of this subsection shall be entitled to 120
162+recover court costs and reasonable attorney's fees. 121
163+Sec. 6. Section 9-319 of the general statutes is repealed and the 122
164+following is substituted in lieu thereof (Effective October 1, 2023): 123
165+(a) The votes for state senators, state representatives and judges of 124
166+probate, as returned by the moderators, shall be canvassed, during the 125
167+month in which they are cast, by the Treasurer, Secretary of the State 126
168+and Comptroller, and they shall declare, except in case of a tie vote, 127
169+who is elected senator in each senatorial district, representative in each 128
170+assembly district and judge of probate in each probate district. The 129
171+Secretary of the State shall, within three days after such declaration, 130
172+give notice by mail to each person chosen state senator, state 131
173+representative or judge of probate of [his] such person's election. 132
174+(b) If the Treasurer, Secretary of the State or Comptroller fails to 133
175+carry out any duty required under subsection (a) of this section, any 134
176+resident of the state may bring an action against said officer, as 135
177+applicable, in the Supreme Court for a writ of mandamus to compel 136
178+said officer to carry out such duty. Any such resident who prevails in 137
179+such action shall be entitled to recover court costs and reasonable 138
180+attorney's fees. 139
181+Sec. 7. Subsections (b) and (c) of section 51-199 of the general 140
182+statutes are repealed and the following is substituted in lieu thereof 141
183+(Effective October 1, 2023): 142
184+(b) The following matters shall be taken directly to the Supreme 143
185+Court: (1) Any matter brought pursuant to the original jurisdiction of 144
186+the Supreme Court under section 2 of article [sixteen] sixteenth of the 145 Substitute Bill No. 6872
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192-for a capital felony under the provisions of section 53a-54b in effect prior 145
193-to April 25, 2012, class A felony or any other felony, including any 146
194-persistent offender status, for which the maximum sentence which may 147
195-be imposed exceeds twenty years; (4) review of a sentence of death 148
196-pursuant to section 53a-46b; (5) any election or primary dispute brought 149
197-to the Supreme Court pursuant to section 9-323 or 9-325, or any action 150
198-for a writ of mandamus brought to the Supreme Court pursuant to 151
199-sections 9-315 to 9-319, inclusive, as amended by this act; (6) an appeal 152
200-of any reprimand or censure of a probate judge pursuant to section 45a-153
201-65; (7) any matter regarding judicial removal or suspension pursuant to 154
202-section 51-51j; (8) an appeal of any decision of the Judicial Review 155
203-Council pursuant to section 51-51r; (9) any matter brought to the 156
204-Supreme Court pursuant to section 52-265a; and (10) any other matter 157
205-as provided by law. 158
206-(c) The Supreme Court may transfer to itself a cause in the Appellate 159
207-Court. Except for any matter brought pursuant to its original 160
208-jurisdiction under section 2 of article [sixteen] sixteenth of the 161
209-amendments to the Constitution, the Supreme Court may transfer a 162
210-cause or class of causes from itself, including any cause or class of causes 163
211-pending on July 1, 1983, to the Appellate Court. The court to which a 164
212-cause is transferred has jurisdiction. 165
193+amendments to the Constitution; (2) an appeal in any matter where the 146
194+Superior Court declares invalid a state statute or a provision of the 147
195+state Constitution; (3) an appeal in any criminal action involving a 148
196+conviction for a capital felony under the provisions of section 53a-54b 149
197+in effect prior to April 25, 2012, class A felony or any other felony, 150
198+including any persistent offender status, for which the maximum 151
199+sentence which may be imposed exceeds twenty years; (4) review of a 152
200+sentence of death pursuant to section 53a-46b; (5) any election or 153
201+primary dispute brought to the Supreme Court pursuant to section 9-154
202+323 or 9-325, or any action for a writ of mandamus brought to the 155
203+Supreme Court pursuant to sections 9-315 to 9-319, inclusive, as 156
204+amended by this act; (6) an appeal of any reprimand or censure of a 157
205+probate judge pursuant to section 45a-65; (7) any matter regarding 158
206+judicial removal or suspension pursuant to section 51-51j; (8) an appeal 159
207+of any decision of the Judicial Review Council pursuant to section 51-160
208+51r; (9) any matter brought to the Supreme Court pursuant to section 161
209+52-265a; and (10) any other matter as provided by law. 162
210+(c) The Supreme Court may transfer to itself a cause in the Appellate 163
211+Court. Except for any matter brought pursuant to its original 164
212+jurisdiction under section 2 of article [sixteen] sixteenth of the 165
213+amendments to the Constitution, the Supreme Court may transfer a 166
214+cause or class of causes from itself, including any cause or class of 167
215+causes pending on July 1, 1983, to the Appellate Court. The court to 168
216+which a cause is transferred has jurisdiction. 169
213217 This act shall take effect as follows and shall amend the following
214218 sections:
215219
216220 Section 1 October 1, 2023 9-176
217221 Sec. 2 October 1, 2023 9-315
218222 Sec. 3 October 1, 2023 9-316
219223 Sec. 4 October 1, 2023 9-317
220224 Sec. 5 October 1, 2023 9-318
221225 Sec. 6 October 1, 2023 9-319
222226 Sec. 7 October 1, 2023 51-199(b) and (c)
223-
224-
225-GAE Joint Favorable Subst. -LCO Substitute Bill No. 6872
227+ Substitute Bill No. 6872
226228
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232-JUD Joint Favorable
234+Statement of Legislative Commissioners:
235+In Section 1(a)(2), "position" was changed to "office" for internal
236+consistency; in Section 4, "his election" was changed to "[his] such
237+election" for consistency with standard drafting conventions; in Section
238+5(b)(1), "Comptroller and Attorney General" was changed to
239+"Comptroller or Attorney General" for clarity and accuracy; in Section
240+6(a), "his election" was changed to "[his] such person's election" for
241+consistency with standard drafting conventions; in Section 7, "sixteen"
242+was changed to "[sixteen] sixteenth" for consistency with standard
243+drafting conventions, and Subsec. (c) was added to conform with such
244+change.
245+
246+GAE Joint Favorable Subst. -LCO
233247