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General Assembly Raised Bill No. 1226
January Session, 2023
LCO No. 6027
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING STATE VOTING RIGHTS IN RECOGNITION OF
JOHN R. LEWIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2023) As used in this section and 1
sections 2 to 9, inclusive, of this act: 2
(1) "Alternative method of election" means a method of electing 3
candidates to the legislative body of a municipality other than an at-4
large method of election or a district-based method of election, and 5
includes, but is not limited to, proportional ranked-choice voting, 6
cumulative voting and limited voting; 7
(2) (A) "At-large method of election" means a method of electing 8
candidates to the legislative body of a municipality in which such 9
candidates are voted upon by all electors of such municipality; 10
(B) "At-large method of election" does not include any alternative 11
method of election; 12 Raised Bill No. 1226
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(3) "District-based method of election" means a method of electing 13
candidates to the legislative body of a municipality in which, for 14
municipalities divided into districts, a candidate for any such district is 15
required to reside in such district and candidates representing or 16
seeking to represent such district are voted upon by only the electors of 17
such district; 18
(4) "Federal Voting Rights Act" means the federal Voting Rights Act 19
of 1965, 52 USC 10301 et seq., as amended from time to time; 20
(5) "Government enforcement action" means any denial of 21
administrative or judicial preclearance by the state or federal 22
government, pending litigation filed by a state or federal entity, final 23
judgment or adjudication, consent decree or other similar formal action; 24
(6) "Legislative body" means the board of aldermen, council, board of 25
burgesses, representative town meeting, board of education, district 26
committee, association committee or other similar body, as applicable, 27
of a municipality; 28
(7) "Municipality" means any town, city or borough, whether 29
consolidated or unconsolidated, any local or regional school district, any 30
district, as defined in section 7-324 of the general statutes, or any other 31
district authorized under the general statutes; 32
(8) "Organization" means a person other than an individual; 33
(9) "Protected class" means a class of citizens who are members of a 34
race, color or language minority group, as referenced in the federal 35
Voting Rights Act; 36
(10) "Racially polarized voting" means voting in which the candidate 37
or electoral choice preferred by protected class members diverges from 38
the candidate or electoral choice preferred by other electors; and 39
(11) "Vote" or "voting" includes any action necessary to cast a ballot 40
and make such ballot effective in any election, primary or special 41
election, including, but not limited to, admission as an elector, 42 Raised Bill No. 1226
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application for an absentee ballot and any other action required by law 43
as a prerequisite to casting a ballot and having such ballot counted, 44
canvassed or certified properly and included in the appropriate totals of 45
votes cast with respect to candidates for election or nomination and to 46
referendum questions. 47
Sec. 2. (NEW) (Effective July 1, 2023) (a) (1) No qualification for 48
eligibility to be an elector or other prerequisite to voting may be 49
imposed, no ordinance, regulation or other law regarding the 50
administration of elections may be enacted, and no standard, practice, 51
procedure or policy may be applied, in a manner that results in an 52
impairment of the right to vote for any protected class member. 53
(2) It shall be a violation of subdivision (1) of this subsection for any 54
municipality to impose any qualification for eligibility to be an elector 55
or other prerequisite to voting, to enact any ordinance, regulation or 56
other law regarding the administration of elections or to apply any 57
standard, practice, procedure or policy that: 58
(A) Results or will result in a disparity, among such municipality's 59
protected class members, in electoral participation, access to voting 60
opportunities or ability to participate in the political process; or 61
(B) Based on the totality of the circumstances, results in an 62
impairment of the opportunity or ability of such municipality's 63
protected class members to participate in the political process and elect 64
candidates of their choice or otherwise influence the outcome of 65
elections. 66
(b) (1) No municipality shall employ any method of election that has 67
the effect, or is motivated in part by the intent, of impairing the 68
opportunity or ability of protected class members to participate in the 69
political process and elect candidates of their choice or otherwise 70
influence the outcome of elections as a result of diluting the vote of such 71
protected class members. 72
(2) (A) The following shall constitute a violation of subdivision (1) of 73 Raised Bill No. 1226
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this subsection: 74
(i) Any municipality that employs an at-large method of election and 75
in which (I) racially polarized voting by protected class members occurs, 76
or (II) based on the totality of the circumstances, the opportunity or 77
ability of protected class members to elect candidates of their choice or 78
otherwise influence the outcome of elections is impaired; or 79
(ii) Any municipality that employs a district-based method of election 80
or an alternative method of election, in which the candidates or electoral 81
choices preferred by protected class members would usually be 82
defeated and in which (I) racially polarized voting by protected class 83
members occurs, or (II) based on the totality of the circumstances, the 84
ability of protected class members to participate in the political process 85
and elect candidates of their choice or otherwise influence the outcome 86
of elections is impaired. 87
(B) In determining whether racially polarized voting by protected 88
class members in a municipality occurs or whether candidates or 89
electoral choices preferred by protected class members would usually 90
be defeated, the superior court for the judicial district of Hartford (i) 91
shall consider elections held prior to the filing of an action pursuant to 92
this section as more probative than elections conducted after such filing, 93
(ii) shall consider evidence concerning elections for any municipal office 94
in such municipality as more probative than evidence concerning 95
elections for other offices, but may still afford probative value to 96
evidence concerning elections for such other offices; (iii) shall consider 97
statistical evidence as more probative than nonstatistical evidence, (iv) 98
in the case of claims brought on behalf of two or more protected classes 99
that are politically cohesive in such municipality, shall combine 100
members of such protected classes to determine whether voting by such 101
combined protected class members is polarized from other electors and 102
shall not require evidence that voting by each such protected class' 103
members is separately polarized from such other electors, (v) shall not 104
require evidence concerning the intent of electors, elected officials or 105
such municipality to discriminate against protected class members, (vi) 106 Raised Bill No. 1226
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shall not consider evidence of explanations for voting patterns and 107
election outcomes other than racially polarized voting, including, but 108
not limited to, partisanship, (vii) shall not consider evidence that 109
subgroups of protected class members have different voting patterns, 110
(viii) shall not consider evidence concerning whether protected class 111
members are geographically compact or concentrated, but may use such 112
evidence to appropriately remedy a violation of subdivision (1) of this 113
subsection, and (ix) shall not consider evidence concerning projected 114
changes in population or demographics, but may use such evidence to 115
appropriately remedy a violation of said subdivision. 116
(c) (1) In determining whether, based on the totality of the 117
circumstances, an impairment of the right to vote for any protected class 118
member, or of the opportunity or ability of protected class members to 119
participate in the political process and elect candidates of their choice or 120
otherwise influence the outcome of elections, has occurred, the superior 121
court for the judicial district of Hartford may consider factors that 122
include, but are not limited to: (A) The history of discrimination in or 123
affecting the municipality or state; (B) the extent to which protected class 124
members have been elected to office in the municipality; (C) the use of 125
any qualification for eligibility to be an elector or other prerequisite to 126
voting, any statute, ordinance, regulation or other law regarding the 127
administration of elections, or any standard, practice, procedure or 128
policy, by the municipality that may enhance the dilutive effects of a 129
method of election in such municipality; (D) the denial of protected class 130
members' or candidates' access to election administration or campaign 131
finance processes that determine which candidates will receive access to 132
the ballot or financial or other support in a given election in the 133
municipality; (E) the extent to which protected class members in the 134
municipality or state make expenditures, as defined in section 9-601b of 135
the general statutes, at lower rates than other individuals in such 136
municipality or state; (F) the extent to which protected class members in 137
the municipality or state vote at lower rates than other electors in the 138
municipality or state, as applicable; (G) the extent to which protected 139
class members in the municipality are disadvantaged, or otherwise bear 140 Raised Bill No. 1226
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the effects of public or private discrimination, in areas such as 141
education, employment, health, criminal justice, housing, 142
transportation, land use or environmental protection; (H) the extent to 143
which protected class members in the municipality are disadvantaged 144
in other areas that may hinder their ability to participate effectively in 145
the political process; (I) the use of overt or subtle racial appeals in 146
political campaigns in the municipality or surrounding the adoption or 147
maintenance of a challenged practice; (J) the extent to which candidates 148
face hostility or barriers while campaigning due to their membership in 149
a protected class; (K) a lack of responsiveness by elected officials of the 150
municipality to the particularized needs of protected class members, 151
including, but not limited to, the requests and proposals of protected 152
class members, except that compliance with a court order shall not be 153
considered to be evidence of such responsiveness; and (L) whether the 154
particular method of election, ordinance, regulation or other law 155
regarding the administration of elections, standard, practice, procedure 156
or policy was designed to advance, and does materially advance, a valid 157
and substantiated state interest. 158
(2) No particular combination or number of factors under subdivision 159
(1) of this subsection shall be required for the court to determine the 160
occurrence of an impairment under this subsection. 161
(3) Nothing in this subsection shall preclude any additional relevant 162
factor from being considered by the court, provided the totality of the 163
circumstances for consideration shall not include the following factors: 164
(A) The total number or share of protected class members on whom the 165
challenged qualification, prerequisite, standard, practice or procedure 166
does not impose a material burden; (B) the degree to which use of the 167
challenged qualification, prerequisite, standard, practice or procedure 168
has a long history or was previously widespread; (C) the use of an 169
identical or similar qualification, prerequisite, standard, practice or 170
procedure in other municipalities or states; (D) the availability of other 171
forms of voting to all electors, including protected class members, of the 172
municipality that are unimpaired by the challenged qualification, 173
prerequisite, standard, practice or procedure, unless such municipality 174 Raised Bill No. 1226
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is simultaneously expanding such other forms of voting to eliminate any 175
disproportionate burden imposed by such challenged qualification, 176
prerequisite, standard, practice or procedure; and (E) unsubstantiated 177
defenses that the qualification, prerequisite, standard, practice or 178
procedure is necessary to address criminal activity. 179
(d) Any individual or organization aggrieved by a violation of this 180
section, any organization (1) whose membership includes or is likely to 181
include persons aggrieved by such a violation, (2) whose mission would 182
be frustrated by such a violation, or (3) that would expend resources in 183
order to fulfill such organization's mission as a result of such a violation, 184
or the Secretary of the State may file an action alleging a violation of this 185
section in the superior court for the judicial district of Hartford. 186
Members of two or more protected classes that are politically cohesive 187
in a municipality may jointly file such an action in such court. 188
(e) (1) Notwithstanding any provision of title 9 of the general statutes 189
and any special act, charter or home rule ordinance, whenever the 190
superior court for the judicial district of Hartford finds a violation by a 191
municipality of any provision of this section, such court shall order 192
appropriate remedies that are tailored to address such violation in such 193
municipality and ensure that protected class members have equitable 194
opportunities to fully participate in the political process, which 195
remedies may include, but not be limited to: (A) A district-based 196
method of election; (B) an alternative method of election; (C) new or 197
revised districting or redistricting plans; (D) elimination of staggered 198
elections so that all members of the legislative body are elected at the 199
same time; (E) reasonably increasing the size of the legislative body; (F) 200
additional voting days or hours; (G) additional polling locations; (H) 201
additional means of voting, such as voting by mail, or additional 202
opportunities to return ballots; (I) holding of special elections; (J) 203
expanded opportunities for admission of electors; (K) additional elector 204
education; (L) the restoration or addition of individuals to registry lists; 205
or (M) retaining jurisdiction for such period of time as the court may 206
deem appropriate, during which period no qualification for eligibility 207
to be an elector or prerequisite to voting, or standard, practice or 208 Raised Bill No. 1226
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procedure with respect to voting, that is different from that in effect at 209
the time an action under subsection (d) of this section was commenced 210
shall be enforced unless the court finds that such qualification, 211
prerequisite, standard, practice or procedure does not have the purpose, 212
and will not have the effect, of impairing the right to vote on the basis 213
of protected class membership or in contravention of the guarantees 214
with respect to such right that are set forth in sections 1 to 9, inclusive, 215
of this act. Notwithstanding the provisions of subparagraph (M) of this 216
subdivision, any such finding by the court shall not be a bar to any 217
subsequent action to enjoin enforcement of such qualification, 218
prerequisite, standard, practice or procedure. 219
(2) Such court may only order a remedy if such remedy will not 220
impair the ability of protected class electors to participate in the political 221
process and elect their preferred candidates or otherwise influence the 222
outcome of elections. Such court shall consider remedies proposed by 223
any parties to an action filed pursuant to subsection (d) of this section 224
and by other interested persons who are not such parties. The court shall 225
not give deference or priority to a remedy proposed by a municipality 226
simply because it has been proposed by such municipality. The court 227
shall have authority to order that a municipality implement one or more 228
remedies that may be inconsistent with the provisions of state or 229
municipal law, where such inconsistent provisions would otherwise 230
preclude the court from ordering an appropriate remedy. 231
(f) (1) In the case of any proposal for a municipality to enact and 232
implement (A) a new method of election to replace such municipality's 233
at-large method of election with either a district-based method of 234
election or an alternative method of election, or (B) a new districting or 235
redistricting plan, the legislative body of such municipality shall act in 236
accordance with the provisions of subdivision (2) of this subsection if 237
any such proposal was made after the receipt of a notification letter 238
described in subsection (g) of this section or after the filing of a claim 239
pursuant to this section or the federal Voting Rights Act. 240
(2) (A) Prior to drawing a draft districting or redistricting plan or 241 Raised Bill No. 1226
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plans, or transitioning to a proposed alternative method of election, the 242
municipality shall hold at least two public hearings, within a period of 243
not more than thirty days of each other, at which members of the public 244
may provide input regarding such draft or proposal, including, if 245
applicable, the composition of districts. Notice of each such hearing 246
shall be published at least three weeks prior to the date of such hearing. 247
In advance of each such hearing, the municipality shall conduct 248
outreach to members of the public, including to language minority 249
groups, to explain the districting or redistricting process and to 250
encourage such input. 251
(B) After all such draft districting or redistricting plans are drawn, the 252
municipality shall publish and make available for public dissemination 253
at least one such plan and include the potential sequence of elections in 254
the event the members of the legislative body of such municipality 255
would be elected for staggered terms under such plan. The municipality 256
shall hold at least two public hearings, within a period of not more than 257
forty-five days of each other, at which members of the public may 258
provide input regarding the content of such plan or plans and, if 259
applicable, such potential sequence of elections. Such plan or plans shall 260
be published at least three weeks prior to consideration at each such 261
hearing. If such plan or plans are revised at or following any such 262
hearing, the municipality shall publish and make available for public 263
dissemination such revised plan or plans at least two weeks prior to any 264
adoption of such revised plan or plans. 265
(C) In determining the sequence of elections in the event the members 266
of the legislative body of such municipality would be elected for 267
staggered terms under any such districting or redistricting plan or 268
plans, such legislative body shall give special consideration to the 269
purposes of sections 1 to 9, inclusive, of this act and take into account 270
the preferences expressed by electors in the districts. 271
(g) (1) Prior to filing an action against a municipality pursuant to 272
subsection (d) of this section, any party described in subsection (d) of 273
this section shall send by certified mail, return receipt requested, a 274 Raised Bill No. 1226
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notification letter to the clerk of such municipality asserting that such 275
municipality may be in violation of the provisions of sections 1 to 9, 276
inclusive, of this act. 277
(2) (A) No such party may file an action pursuant to this section 278
earlier than fifty days after sending such notification letter to such 279
municipality. 280
(B) Prior to receiving a notification letter, or not later than fifty days 281
after any such notification letter is sent to a municipality, the legislative 282
body of such municipality may pass a resolution (i) affirming such 283
municipality's intention to enact and implement a remedy for a 284
potential violation of the provisions of sections 1 to 9, inclusive, of this 285
act, (ii) setting forth specific measures such municipality will take to 286
facilitate approval and implementation of such a remedy, and (iii) 287
providing a schedule for the enactment and implementation of such a 288
remedy. No party described in subsection (d) of this section may file an 289
action pursuant to this section earlier than ninety days after passage of 290
any such resolution by such legislative body. 291
(C) If, under the laws of the state or under any charter or home rule 292
ordinance, the legislative body of a municipality lacks authority to enact 293
or implement a remedy identified in any such resolution within ninety 294
days after the passage of such resolution, or if such municipality is a 295
covered jurisdiction as described in section 5 of this act, such legislative 296
body may take the following measures upon such passage: 297
(i) The municipality shall hold at least one public hearing on any 298
proposal to remedy any potential violation of the provisions of sections 299
1 to 9, inclusive, of this act, at which members of the public may provide 300
input regarding any such proposed remedies. In advance of such 301
hearing, the municipality shall conduct outreach to members of the 302
public, including to language minority groups, to encourage such input. 303
(ii) The legislative body of such municipality may approve any such 304
proposed remedy that complies with the provisions of sections 1 to 9, 305
inclusive, of this act and submit such proposed remedy to the Secretary 306 Raised Bill No. 1226
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of the State. 307
(iii) Notwithstanding any provision of title 9 of the general statutes 308
and any special act, charter or home rule ordinance, the Secretary of the 309
State shall, not later than sixty days after submission of such proposed 310
remedy by such municipality, approve or reject such proposed remedy 311
in accordance with the provisions of this clause. The Secretary may only 312
approve such proposed remedy if the Secretary concludes (I) such 313
municipality may be in violation of the provisions of sections 1 to 9, 314
inclusive, of this act, (II) the proposed remedy would address any such 315
potential violation, (III) the proposed remedy is unlikely to violate the 316
Constitution of Connecticut or any federal law, and (IV) implementation 317
of the proposed remedy is feasible. 318
(iv) Notwithstanding any provision of title 9 of the general statutes 319
and any special act, charter or home rule ordinance, if the Secretary of 320
the State approves the proposed remedy, such proposed remedy shall 321
be enacted and implemented immediately. If the municipality is a 322
covered jurisdiction as described in section 5 of this act, such 323
municipality shall not be required to obtain preclearance for such 324
proposed remedy. 325
(v) If the Secretary of the State denies the proposed remedy, (I) such 326
proposed remedy shall not be enacted or implemented, (II) the Secretary 327
shall set forth the objections to such proposed remedy and explain the 328
basis for such denial, and (III) the Secretary may recommend another 329
proposed remedy that the Secretary would approve. 330
(vi) If the Secretary of the State does not approve or reject such 331
proposed remedy within sixty days after the submission of such 332
proposed remedy by the municipality, the proposed remedy shall not 333
be enacted or implemented. 334
(D) A municipality that has passed a resolution described in 335
subparagraph (B) of this subdivision may enter into an agreement with 336
any party who sent a notification letter described in subdivision (1) of 337
this subsection providing that such party shall not file an action 338 Raised Bill No. 1226
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pursuant to this section earlier than ninety days after entering into such 339
agreement. If such party agrees to so enter into such an agreement, such 340
agreement shall require that the municipality either enact and 341
implement a remedy that complies with the provisions of sections 1 to 342
9, inclusive, of this act or pass such a resolution and submit such 343
resolution to the Secretary of the State. If such party declines to so enter 344
into such an agreement, such party may file an action pursuant to this 345
section at any time. 346
(E) If, pursuant to the provisions of this subsection, a municipality 347
enacts or implements a remedy or the Secretary of the State approves a 348
proposed remedy, a party who sent a notification letter described in 349
subdivision (1) of this subsection may, not later than thirty days after 350
such enactment, implementation or approval, submit a claim for 351
reimbursement from such municipality for the costs associated with 352
producing and sending such notification letter. Such party shall submit 353
such claim in writing and substantiate such claim with financial 354
documentation, including a detailed invoice for any demography 355
services or analysis of voting patterns in such municipality. Upon 356
receipt of any such claim, such municipality may request additional 357
financial documentation if that which has been provided by such party 358
is insufficient to substantiate such costs. Such municipality shall 359
reimburse such party for reasonable costs claimed or for an amount to 360
which such party and such municipality agree, except that the 361
cumulative amount of any such reimbursements to all such parties other 362
than the Secretary of the State shall not exceed fifty thousand dollars, 363
adjusted in accordance with any change in the consumer price index for 364
all urban consumers as published by the United States Department of 365
Labor, Bureau of Labor Statistics. If any such party and such 366
municipality fail to agree to a reimbursement amount, either such party 367
or such municipality may file an action for a declaratory judgment with 368
the superior court for the judicial district of Hartford for a clarification 369
of rights. 370
(F) (i) Notwithstanding the provisions of this subsection, a party 371
described in subsection (d) of this section may seek preliminary relief 372 Raised Bill No. 1226
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for a regular election held in a municipality by filing an action pursuant 373
to this section during the one hundred twenty days prior to such regular 374
election. Not later than the filing of such action, such party shall send a 375
notification letter described in subdivision (1) of this subsection to such 376
municipality. In the event any such action is withdrawn or dismissed as 377
being moot as a result of such municipali ty's enactment or 378
implementation of a remedy, or the approval by the Secretary of the 379
State of a proposed remedy, any such party may only submit a claim for 380
reimbursement in accordance with the provisions of subparagraph (E) 381
of this subdivision. 382
(ii) In the case of preliminary relief sought pursuant to subparagraph 383
(F)(i) of this subdivision by a party described in subsection (d) of this 384
section, the superior court for the judicial district of Hartford shall grant 385
such relief if such court determines that (I) such party is more likely than 386
not to succeed on the merits, and (II) it is possible to implement an 387
appropriate remedy that would resolve the violation alleged under this 388
section prior to such election. 389
(G) Notwithstanding the provisions of this subsection, a party 390
described in subsection (d) of this section may file an action pursuant to 391
subsection (d) of this section without first sending a notification letter if 392
the action is commenced not later than one year after enactment of the 393
challenged practice or policy or if the prospect of obtaining relief 394
pursuant to this subsection is futile. 395
Sec. 3. (NEW) (Effective January 1, 2024) (a) There is established in the 396
office of the Secretary of the State a state-wide database of information 397
necessary to assist the state and any municipality in (1) evaluating 398
whether and to what extent current laws and practices related to 399
election administration are consistent with the provisions of sections 1 400
to 9, inclusive, of this act, (2) implementing best practices in election 401
administration to further the purposes of said sections, and (3) 402
investigating any potential infringement upon the right to vote. 403
(b) The Secretary of the State shall designate an employee of the office 404 Raised Bill No. 1226
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of the Secretary of the State to serve as manager of the state-wide 405
database. Such employee shall possess an advanced degree from an 406
accredited college or university, or equivalent experience, and have 407
expertise in demography, statistical analysis and electoral systems. Such 408
employee shall be responsible for the operation of such state-wide 409
database and shall manage such staff as is necessary to implement and 410
maintain such state-wide database. 411
(c) The state-wide database shall maintain in electronic format the 412
following data and records, at a minimum, for no fewer than the prior 413
twelve years: 414
(1) Estimates of total population, voting age population and citizen 415
voting age population by race, color and language minority group, 416
broken down annually to the voting district level for each municipality, 417
based on information from the United States Census Bureau, including 418
from the American Community Survey, or information of comparable 419
quality collected by a similar governmental agency, and accounting for 420
population adjustments pursuant to section 9-169h of the general 421
statutes, as applicable; 422
(2) Election results at the district level for each state-wide election and 423
each election in each municipality; 424
(3) Regularly updated registry lists, geocoded locations for each 425
elector and elector history files for each election in each municipality; 426
(4) Contemporaneous maps, descriptions of boundaries and other 427
similar items, which shall be provided as shapefiles or in a comparable 428
electronic format if an electronic format is available; 429
(5) Geocoded locations of polling places and absentee ballot drop 430
boxes for each election in each municipality, and a list or description of 431
the voting districts or geographic areas served by each such location; 432
and 433
(6) Any other information the Secretary of the State deems advisable 434 Raised Bill No. 1226
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to maintain in furtherance of the purposes of sections 1 to 9, inclusive, 435
of this act. 436
(d) Except for any data, information or estimates that identify 437
individual electors, the data, information or estimates maintained in the 438
state-wide database shall be published on the Internet web site of the 439
office of the Secretary of the State and made publicly available at no cost. 440
(e) Any estimates prepared pursuant to this section, including 441
estimates of eligible electors, shall be prepared using the most advanced, 442
peer-reviewed and validated methodologies. 443
(f) At the time the Secretary of the State is prepared to commence 444
administration of the state-wide database established under this section, 445
the Secretary shall submit a report to the joint standing committee of the 446
General Assembly having cognizance of matters relating to elections, in 447
accordance with the provisions of section 11-4a of the general statutes, 448
certifying such fact. Not later than ninety days after such certification, 449
and at least annually thereafter, the Secretary shall publish on the 450
Internet web site of the office of the Secretary of the State (1) a list of each 451
municipality required under section 4 of this act to provide assistance to 452
members of language minority groups, and (2) each language in which 453
such municipalities are so required to provide such assistance. The 454
Secretary shall also distribute such information to each municipality. 455
(g) Upon the certification of election results and the completion of the 456
elector history file after each election, the entity responsible for 457
administering elections in each municipality shall transmit to the 458
Secretary of the State, in electronic format, copies of (1) such election 459
results at the voting district level, (2) updated registry lists, (3) elector 460
history files, (4) maps, descriptions of boundaries and other similar 461
items, and (5) lists of polling place and absentee ballot drop box 462
locations and lists or descriptions of the voting districts or geographic 463
areas served by such locations. 464
(h) At least annually or upon the request by the Secretary of the State, 465
the Criminal Justice Information Systems Governing Board established 466 Raised Bill No. 1226
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under section 54-142q of the general statutes, or any other state entity 467
identified by the Secretary as possessing data, statistics or other 468
information that the office of the Secretary of the State requires to carry 469
out its duties and responsibilities under title 9 of the general statutes, 470
shall provide to the Secretary such data, statistics or information. 471
(i) The office of the Secretary of the State may provide nonpartisan 472
technical assistance to municipalities, researchers and members of the 473
public seeking to use the resources of the state-wide database. 474
(j) In each action filed pursuant to section 2 of this act, there shall be 475
a rebuttable presumption that the data, estimates or other information 476
maintained in the state-wide database is valid. 477
Sec. 4. (NEW) (Effective January 1, 2024) (a) The Secretary of the State 478
shall designate one or more languages, other than English, for which 479
assistance in voting and elections shall be provided in a municipality if 480
the Secretary finds that a significant and substantial need exists for such 481
assistance. 482
(b) (1) The Secretary of the State shall find that such significant and 483
substantial need exists if, based on the best available data, which may 484
include information from the United States Census Bureau's American 485
Community Survey, or data of comparable quality collected by a 486
governmental entity: 487
(A) More than two per cent of the citizens of voting age of such 488
municipality, but in no instance fewer than one hundred such citizens, 489
speak a language other than English and are limited English proficient 490
individuals; 491
(B) More than four thousand of the citizens of voting age of such 492
municipality speak a language other than English and are limited 493
English proficient individuals; or 494
(C) In the case of a municipality that contains any part of a Native 495
American reservation, more than two per cent of the Native American 496 Raised Bill No. 1226
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citizens of voting age within such Native American reservation are 497
proficient in a language other than English and are limited English 498
proficient individuals. As used in this subdivision, "Native American" 499
includes any person recognized by the United States Census Bureau, or 500
this state, as "American Indian". 501
(2) As used in this section, "limited English proficient individual" 502
means an individual who does not speak English as such individual's 503
primary language and who speaks, reads or understands the English 504
language less than "very well", in accordance with United States Census 505
Bureau data or data of comparable quality collected by a governmental 506
entity. 507
(c) Not later than January 15, 2024, and at least annually thereafter, 508
the Secretary of the State shall publish on the Internet web site of the 509
office of the Secretary of the State a list of (1) each municipality in which 510
assistance in voting and elections in a language other than English shall 511
be provided, and (2) each such language in which such assistance shall 512
be provided in each such municipality. The Secretary shall distribute to 513
each affected municipality the information contained in such list. 514
(d) Each municipality described in subsection (c) of this section shall 515
provide assistance in voting and elections, including related materials, 516
in any language designated by the Secretary of the State under 517
subsection (a) of this section to electors in such municipality who are 518
limited English proficient individuals. 519
(e) Whenever the Secretary of the State determines, pursuant to this 520
section, that language assistance shall be provided in a municipality, 521
such municipality shall provide competent assistance in each 522
designated language and shall provide related materials (1) in English, 523
and (2) in each designated language, including registration or voting 524
notices, forms, instructions, assistance, ballots or other materials or 525
information relating to the electoral process, except that in the case of a 526
language that is oral or unwritten, including historically unwritten as 527
may be the case for some Native Americans, such municipality may 528 Raised Bill No. 1226
LCO No. 6027 18 of 29
provide only oral instructions, assistance or other information relating 529
to the electoral process in such language. All materials provided in a 530
designated language shall be of an equal quality to the corresponding 531
English materials. All provided translations shall convey the intent and 532
essential meaning of the original text or communication and shall not 533
rely solely on any automatic translation service. Whenever available, 534
language assistance shall also include live translation. 535
(f) The Secretary of the State shall adopt regulations, in accordance 536
with the provisions of chapter 54 of the general statutes, to establish a 537
review process under which the Secretary shall determine whether a 538
significant and substantial need exists in a municipality for a language 539
to be designated for the provision of assistance in voting and elections. 540
Such process shall include, at a minimum, (1) an opportunity for any 541
elector, organization whose membership includes or is likely to include 542
electors, organization whose mission would be frustrated by a 543
municipality's failure to provide such language assistance or 544
organization that would expend resources in order to fulfill such 545
organization's mission as a result of such a failure, to request that the 546
Secretary consider so designating a language in a municipality, (2) an 547
opportunity for public comment, and (3) that, upon receipt of any such 548
request and consideration of any such public comment, the Secretary 549
may, in accordance with the process for making such determination, so 550
designate any language in a municipality. 551
(g) Any individual or organization aggrieved by a violation of this 552
section, any organization (1) whose membership includes or is likely to 553
include persons aggrieved by such a violation, (2) whose mission would 554
be frustrated by such a violation, or (3) that would expend resources in 555
order to fulfill such organization's mission as a result of such a violation, 556
or the Secretary of the State may file an action alleging a violation of this 557
section in the superior court for the judicial district of Hartford. 558
(h) In the case of any municipality described in this section, which 559
seeks to provide only English materials despite a determination by the 560
Secretary of the State under this section that such municipality is 561 Raised Bill No. 1226
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required to provide language assistance in a language designated by the 562
Secretary, such municipality may file an action against the state in the 563
superior court for the judicial district of Hartford for a declaratory 564
judgment permitting such municipality to provide only English 565
materials. Such court shall enter such declaratory judgment in the 566
municipality's favor if such court finds that the Secretary's 567
determination was arbitrary and capricious or an abuse of discretion. 568
Sec. 5. (NEW) (Effective January 1, 2025) (a) The enactment or 569
implementation of a covered policy, as described in subsection (b) of this 570
section, by a covered jurisdiction, as described in subsection (c) of this 571
section, shall be subject to preclearance, as described in subsections (e) 572
and (f) of this section, by the Secretary of the State or the superior court 573
for the judicial district of Hartford. 574
(b) A covered policy shall include any new or modified qualification 575
for admission as an elector, prerequisite to voting or ordinance, 576
regulation, standard, practice, procedure or policy concerning: 577
(1) Districting or redistricting; 578
(2) Method of election; 579
(3) Form of government; 580
(4) Annexation, incorporation, dissolution, consolidation or division 581
of a municipality; 582
(5) Removal of individuals from registry lists or enrollment lists and 583
other activities concerning any such list; 584
(6) Qualifications for inclusion on or restoration to registry lists or 585
enrollment lists; 586
(7) Hours of any polling place, or location or number of polling places 587
or absentee ballot drop boxes; 588
(8) Assignment of voting districts to polling place or absentee ballot 589 Raised Bill No. 1226
LCO No. 6027 20 of 29
drop box locations; 590
(9) Assistance offered to protected class members; or 591
(10) Any additional subject matter the Secretary of the State may 592
identify for inclusion in this subsection, pursuant to a regulation 593
adopted by the Secretary in accordance with the provisions of chapter 594
54 of the general statutes, if the Secretary determines that any 595
qualification for admission as an elector, prerequisite to voting or 596
ordinance, regulation, standard, practice, procedure or policy 597
concerning such subject matter may have the effect of diminishing the 598
right to vote of any protected class member or have the effect of 599
violating the provisions of sections 1 to 9, inclusive, of this act. 600
(c) A covered jurisdiction includes: 601
(1) Any municipality that, within the prior twenty-five years, has 602
been subject to any court order or government enforcement action based 603
upon a finding of any violation of the provisions of sections 1 to 9, 604
inclusive, of this act, the federal Voting Rights Act, any state or federal 605
civil rights law, the fifteenth amendment to the United States 606
Constitution or the fourteenth amendment to the United States 607
Constitution, which violation concerns the right to vote or 608
discrimination against any protected class; 609
(2) Any municipality that, within the three immediately preceding 610
years, has failed to comply with such municipality's obligations to 611
provide data or information to the state-wide database pursuant to 612
section 3 of this act; 613
(3) Any municipality (A) that is not a school district, (B) that contains 614
at least one thousand eligible electors of any protected class, or in which 615
members of any protected class constitute at least ten per cent of the 616
eligible elector population of such municipality, and (C) in which, 617
during the prior ten years, based on data from criminal justice 618
information systems, as defined in section 54-142q of the general 619
statutes, the combined misdemeanor and felony arrest rate of any 620 Raised Bill No. 1226
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protected class exceeds the combined misdemeanor and felony arrest 621
rate of the entire population of such municipality by at least twenty per 622
cent; 623
(4) Any municipality (A) that contains at least one thousand eligible 624
electors of any protected class, or in which members of any protected 625
class constitute at least ten per cent of the eligible elector population of 626
such municipality, and (B) in which, during the prior ten years, the 627
percentage of electors of any such protected class in such municipality 628
that participated in any general election for any municipal office is at 629
least ten percentage points lower than the percentage of all electors in 630
the municipality that participated in such election; or 631
(5) Any municipality that, during the prior ten years, was found to 632
have enacted or implemented a covered policy without obtaining 633
preclearance for such covered policy pursuant to the process described 634
in subparagraph (G) of subdivision (2) of subsection (e) of this section. 635
(d) At least annually, the Secretary of the State shall determine which 636
municipalities are covered jurisdictions pursuant to subsection (c) of 637
this section and publish on the Internet web site of the office of the 638
Secretary of the State a list of such municipalities. 639
(e) (1) If a covered jurisdiction seeks preclearance from the Secretary 640
of the State for the adoption or implementation of any covered policy, 641
such covered jurisdiction shall submit, in writing, such covered policy 642
to the Secretary and may obtain such preclearance in accordance with 643
the provisions of this subsection. 644
(2) When the Secretary of the State receives any such submission of a 645
covered policy: 646
(A) As soon as practicable but not later than ten days after such 647
receipt, the Secretary shall publish on the Internet web site of the office 648
of the Secretary of the State such submission of a covered policy. 649
(B) Members of the public shall have an opportunity to comment on 650 Raised Bill No. 1226
LCO No. 6027 22 of 29
such published submission within the time period set forth in 651
subparagraph (I) of this subdivision. For the purposes of facilitating 652
public comment on any such submission, the Secretary shall allow 653
members of the public to sign up to receive notifications or alerts 654
regarding submissions of covered policies for preclearance. 655
(C) The Secretary shall review such submission and any public 656
comment thereon, and shall, within the time period set forth in 657
subparagraph (I) of this subdivision, provide a report and 658
determination as to whether preclearance of the covered policy should 659
be granted or denied. Such time period shall run concurrently with the 660
time period for public comment. 661
(D) The covered jurisdiction shall bear the burden of proof in any 662
determination as to preclearance of a covered policy. The Secretary may 663
request from a covered jurisdiction, at any time during the Secretary's 664
review, additional information for the purpose of developing the 665
Secretary's report and determination. Failure of such covered 666
jurisdiction to timely comply with reasonable requests for such 667
additional information may constitute grounds for the denial of 668
preclearance. The Secretary shall publish on the Internet web site of the 669
office of the Secretary of the State each such report and determination 670
upon completion thereof. 671
(E) In any such determination, the Secretary shall state in writing 672
whether the Secretary is approving or rejecting the covered policy, 673
provided the Secretary may designate preclearance as "preliminary" and 674
subsequently approve or deny final preclearance not later than sixty 675
days after receipt of submission of such covered policy. 676
(F) (i) The Secretary shall deny preclearance to a submitted covered 677
policy only if the Secretary determines that (I) such covered policy is 678
more likely than not to diminish the opportunity or ability of protected 679
class members to participate in the political process and elect candidates 680
of their choice or otherwise influence the outcome of elections, or (II) 681
such covered policy is more likely than not to violate the provisions of 682 Raised Bill No. 1226
LCO No. 6027 23 of 29
sections 1 to 9, inclusive, of this act. 683
(ii) For any such denial, the Secretary shall interpose objections 684
explaining the Secretary's basis for such denial, and the covered policy 685
shall not be enacted or implemented. 686
(G) If the Secretary grants preclearance to a submitted covered policy, 687
the covered jurisdiction may immediately enact or implement such 688
covered policy. A determination by the Secretary to so grant 689
preclearance shall not be admissible in, or otherwise considered by, a 690
court in any subsequent action challenging such covered policy. 691
(H) If the Secretary fails to deny or grant preclearance to a submitted 692
covered policy within the time period set forth in subparagraph (I) of 693
this subdivision, such covered policy shall be deemed precleared and 694
the covered jurisdiction may enact or implement such covered policy. 695
(I) The time periods for review by the Secretary of the State of any 696
submitted covered policy, for public comment and for any 697
determination of the Secretary to grant or deny preclearance to such 698
covered policy shall be as follows: 699
(i) For any covered policy concerning the location of polling places or 700
absentee ballot drop boxes, (I) the time period for public comment shall 701
be five business days, and (II) the time period in which the Secretary 702
shall review the covered policy, including any public comment thereon, 703
and make a determination to grant or deny preclearance to such covered 704
policy, shall be not more than fifteen days after the receipt of the 705
submission of such covered policy, except that the Secretary may invoke 706
an extension of not more than twenty days to make any determination 707
under subparagraph (I)(i)(II) of this subparagraph; and 708
(ii) For any other covered policy, (I) the time period for public 709
comment shall be ten business days, except that, for any covered policy 710
that concerns the implementation of a district-based method of election 711
or an alternative method of election, districting or redistricting plans or 712
a change to a municipality's form of government, such time period shall 713 Raised Bill No. 1226
LCO No. 6027 24 of 29
be twenty business days, and (II) the time period in which the Secretary 714
shall review such other covered policy, including any public comment 715
thereon, and make a determination to grant or deny preclearance to 716
such other covered policy, shall be not more than sixty days after the 717
receipt of the submission of such other covered policy, except that the 718
Secretary may invoke up to two extensions of not more than ninety days 719
apiece to make any determination under subparagraph (I)(ii)(II) of this 720
subparagraph. 721
(J) The Secretary of the State may adopt regulations, in accordance 722
with the provisions of chapter 54 of the general statutes, to establish an 723
expedited, emergency preclearance process under which the Secretary 724
may address covered policies that are submitted during or immediately 725
preceding an election as a result of any attack, disaster, emergency or 726
other exigent circumstance. Any preclearance granted pursuant to the 727
regulations adopted under this subparagraph shall be designated 728
"preliminary" and the Secretary may subsequently approve or deny 729
final preclearance not later than sixty days after receipt of submission of 730
such covered policy. 731
(K) Any denial of preclearance under this subdivision may be 732
appealed, in accordance with the provisions of chapter 54 of the general 733
statutes, to the superior court for the judicial district of Harford. Any 734
such appeal shall be privileged with respect to assignment for trial. 735
(f) (1) If a covered jurisdiction seeks preclearance from the superior 736
court for the judicial district of Hartford for the adoption or 737
implementation of any covered policy, in lieu of seeking such 738
preclearance from the Secretary of the State pursuant to subsection (e) 739
of this section, such covered jurisdiction shall submit, in writing, such 740
covered policy to such court and may obtain such preclearance in 741
accordance with the provisions of this subsection, provided (A) such 742
covered jurisdiction shall also contemporaneously transmit to the 743
Secretary of the State a copy of such submission, and (B) failure to so 744
provide such copy shall result in an automatic denial of such 745
preclearance. Notwithstanding the transmission to the Secretary of a 746 Raised Bill No. 1226
LCO No. 6027 25 of 29
copy of any such submission, the court shall exercise exclusive 747
jurisdiction over such submission. The covered jurisdiction shall bear 748
the burden of proof in the court's determination as to preclearance. 749
(2) The court shall grant or deny preclearance not later than sixty days 750
after the receipt of submission of a covered policy. 751
(3) The court shall deny preclearance to a submitted covered policy 752
only if such court determines that (A) such covered policy is more likely 753
than not to diminish the opportunity or ability of protected class 754
members to participate in the political process and elect candidates of 755
their choice or otherwise influence the outcome of elections, or (B) such 756
covered policy is more likely than not to violate the provisions of 757
sections 1 to 9, inclusive, of this act. 758
(4) If the court grants preclearance to such covered policy, the covered 759
jurisdiction may immediately enact or implement such covered policy. 760
A determination by the court to grant preclearance to a covered policy 761
shall not be admissible in, or otherwise considered by, a court in any 762
subsequent action challenging such covered policy. 763
(5) If the court denies preclearance to a covered policy, or fails to 764
make a determination within sixty days of receipt of submission of such 765
covered policy, such covered policy shall not be enacted or 766
implemented. 767
(6) Any denial of preclearance under this subsection may be appealed 768
in accordance with the ordinary rules of appellate procedure. Any 769
action brought pursuant to this subsection shall be privileged with 770
respect to assignment for trial or appeal, as applicable, including 771
expedited pretrial and other proceedings. 772
(g) If any covered jurisdiction enacts or implements any covered 773
policy without obtaining preclearance for such covered policy in 774
accordance with the provisions of this section, the Secretary of the State 775
or any party described in subsection (d) of section 2 of this act may file 776
an action in the superior court for the judicial district of Hartford to 777 Raised Bill No. 1226
LCO No. 6027 26 of 29
enjoin such enactment or implementation and seek sanctions against 778
such covered jurisdiction for violations of this section. 779
(h) The Secretary of the State may adopt regulations, in accordance 780
with the provisions of chapter 54 of the general statutes, to effectuate the 781
purposes of this section. Any estimates prepared for the purpose of 782
identifying covered jurisdictions under this section, including estimates 783
of eligible electors, shall be prepared using the most advanced, peer-784
reviewed and validated methodologies. 785
Sec. 6. (NEW) (Effective July 1, 2023) (a) Notwithstanding the 786
provisions of chapter 151 of the general statutes, a person, whether 787
acting under color of law or otherwise, shall not engage in acts of 788
intimidation, deception or obstruction that interfere with any elector's 789
right to vote. 790
(b) A violation of subsection (a) of this section includes, but is not 791
limited to, the following: 792
(1) Any person who uses or threatens to use any force, violence, 793
restraint, abduction or duress, who inflicts or threatens to inflict any 794
injury, damage, harm or loss, or who by any other conduct practices 795
intimidation that causes or will reasonably have the effect of causing 796
interference with any elector's right to vote; 797
(2) Any person who knowingly uses any deceptive or fraudulent 798
device, contrivance or communication that causes or will reasonably 799
have the effect of causing interference with any elector's right to vote; or 800
(3) Any person who obstructs, impedes or otherwise interferes with 801
access to any polling place or any office or place of business of any 802
election official or who obstructs, impedes or otherwise interferes with 803
any elector or election official in a manner that causes or will reasonably 804
have the effect of causing interference with any elector's right to vote or 805
any delay in voting or the voting process. 806
(c) (1) Any individual or organization aggrieved by a violation of this 807 Raised Bill No. 1226
LCO No. 6027 27 of 29
section, any organization (A) whose membership includes or is likely to 808
include persons aggrieved by such a violation, (B) whose mission would 809
be frustrated by such a violation, or (C) that would expend resources in 810
order to fulfill such organization's mission as a result of such a violation, 811
may file an action alleging a violation of this section in the superior court 812
for the judicial district of Hartford. 813
(2) In any action brought pursuant to subdivision (1) of this 814
subsection, the complainant shall file a certification attached to the 815
complaint indicating that (A) a copy of such complaint has been sent by 816
first-class mail or delivered to the State Elections Enforcement 817
Commission, or (B) a copy of such complaint will be so sent or delivered 818
not later than the following business day. 819
(d) (1) Notwithstanding any provision of title 9 of the general statutes 820
and any special act, charter or home rule ordinance, whenever such 821
court finds a violation of any provision of this section, such court shall 822
order appropriate remedies that are tailored to address such violation, 823
including, but not limited to, providing for additional time to vote at an 824
election, primary or referendum. 825
(2) Any person who violates the provisions of this section, or who 826
aids in the violation of any of such provisions, shall be liable for any 827
damages awarded by such court, including, but not limited to, nominal 828
damages for any such violation and compensatory or punitive damages 829
for any such wilful violation. 830
Sec. 7. (NEW) (Effective July 1, 2023) Any provision of the general 831
statutes, regulation adopted thereunder, special act, charter, home rule 832
ordinance or other state or municipal enactment relating to the right to 833
vote shall be construed liberally in favor of (1) protecting the right to 834
cast a ballot and make such ballot effective, (2) ensuring that qualified 835
individuals seeking to be admitted as electors are not impaired in being 836
so admitted, (3) ensuring electors are not impaired in voting, including, 837
but not limited to, having their votes counted, (4) making the 838
fundamental right to vote more accessible to qualified individuals, and 839 Raised Bill No. 1226
LCO No. 6027 28 of 29
(5) ensuring equitable access for protected class members to 840
opportunities to be admitted as electors and to vote. 841
Sec. 8. (NEW) (Effective July 1, 2023) Nothing in the provisions of 842
sections 1 to 7, inclusive, of this act shall be construed to affect the 843
powers and duties of the State Elections Enforcement Commission to 844
attempt to secure voluntary compliance relating to any election, primary 845
or referendum or pursue any other remedy authorized under sections 846
9-7a and 9-7b of the general statutes. 847
Sec. 9. (NEW) (Effective July 1, 2023) In any action to enforce the 848
provisions of sections 1 to 7, inclusive, of this act, the court shall award 849
reasonable attorneys' fees and litigation costs, including, but not limited 850
to, expert witness fees and expenses, to the party that filed such action, 851
other than the state or any municipality, and that prevailed in such 852
action. The party that filed such action shall be deemed to have 853
prevailed when, as a result of litigation, the party against whom such 854
action was filed has yielded much or all of the relief sought in such 855
action. In the case of a party against whom such action was filed and 856
who prevailed in such action, the court shall not award such party any 857
costs unless such court finds such action to be frivolous, unreasonable 858
or without foundation. 859
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 New section
Sec. 2 July 1, 2023 New section
Sec. 3 January 1, 2024 New section
Sec. 4 January 1, 2024 New section
Sec. 5 January 1, 2025 New section
Sec. 6 July 1, 2023 New section
Sec. 7 July 1, 2023 New section
Sec. 8 July 1, 2023 New section
Sec. 9 July 1, 2023 New section
Raised Bill No. 1226
LCO No. 6027 29 of 29
Statement of Purpose:
To afford mechanisms for the challenge of certain election
administration laws, practices or procedures that may impair the
electoral rights of certain protected classes of individuals.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]