LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-R03-
SB.docx
1 of 29
General Assembly Substitute Bill No. 1226
January Session, 2023
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) (a) 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
(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 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
2 of 29
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" or "municipal" means any town, city or borough, 29
whether consolidated or unconsolidated, any local or regional school 30
district, any district, as defined in section 7-324 of the general statutes, 31
or any other 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 electors who are not 39
protected class members; and 40
(11) "Vote" or "voting" includes any action necessary to cast a ballot 41
and make such ballot effective in any election or primary, including, but 42
not limited to, admission as an elector, application for an absentee ballot 43
and any other action required by law as a prerequisite to casting a ballot 44
and having such ballot counted, canvassed or certified properly and 45 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
3 of 29
included in the appropriate totals of votes cast with respect to 46
candidates for election or nomination and to referendum questions. 47
(b) In the construction of this section and sections 2 to 9, inclusive, of 48
this act, words and phrases that are not defined in subsection (a) of this 49
section, but that are used in the federal Voting Rights Act and 50
interpreted in relevant case law, including, but not limited to, "political 51
process" and "prerequisite to voting", shall be construed in a manner 52
consistent with such usage and interpretation. 53
Sec. 2. (NEW) (Effective July 1, 2023) (a) (1) No qualification for 54
eligibility to be an elector in a municipality or other prerequisite to 55
voting may be imposed, no ordinance, regulation or other law regarding 56
the administration of elections may be enacted by a municipality, and 57
no standard, practice, procedure or policy may be applied by a 58
municipality, in a manner that results in an impairment of the right to 59
vote for any protected class member. 60
(2) It shall be a violation of subdivision (1) of this subsection for any 61
municipality to impose any qualification for eligibility to be an elector 62
or other prerequisite to voting, to enact any ordinance, regulation or 63
other law regarding the administration of elections or to apply any 64
standard, practice, procedure or policy that: 65
(A) Results or will result in a disparity among such municipality's 66
protected class members in electoral participation, access to voting 67
opportunities or ability to participate in the political process; or 68
(B) Based on the totality of the circumstances, results in an 69
impairment of the opportunity or ability of such municipality's 70
protected class members to participate in the political process and elect 71
candidates of their choice or otherwise influence the outcome of 72
elections. 73
(b) (1) No municipality shall employ any method of election for any 74
office of the municipality that has the effect, or is motivated in part by 75
the intent, of impairing the opportunity or ability of protected class 76 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
4 of 29
members to participate in the political process and elect candidates of 77
their choice or otherwise influence the outcome of municipal elections 78
as a result of diluting the vote of such protected class members. 79
(2) (A) The following shall constitute a violation of subdivision (1) of 80
this subsection: 81
(i) Any municipality that employs an at-large method of election and 82
in which (I) racially polarized voting by protected class members occurs, 83
or (II) based on the totality of the circumstances, the opportunity or 84
ability of protected class members to elect candidates of their choice or 85
otherwise influence the outcome of elections is impaired; or 86
(ii) Any municipality that employs a district-based method of election 87
or an alternative method of election, in which the candidates or electoral 88
choices preferred by protected class members would usually be 89
defeated and in which (I) racially polarized voting by protected class 90
members occurs, or (II) based on the totality of the circumstances, the 91
ability of protected class members to participate in the political process 92
and elect candidates of their choice or otherwise influence the outcome 93
of elections is impaired. 94
(B) (i) In determining whether racially polarized voting by protected 95
class members in a municipality occurs or whether candidates or 96
electoral choices preferred by protected class members would usually 97
be defeated, the superior court for the judicial district of Hartford (I) 98
shall consider elections held prior to the filing of an action pursuant to 99
this section as more probative than elections conducted after such filing, 100
(II) shall consider evidence concerning elections for any municipal office 101
in such municipality as more probative than evidence concerning 102
elections for other offices, but may still afford probative value to 103
evidence concerning elections for such other offices, (III) shall consider 104
statistical evidence as more probative than nonstatistical evidence, (IV) 105
in the case of claims brought on behalf of two or more protected classes 106
that are politically cohesive in such municipality, shall combine 107
members of such protected classes to determine whether voting by such 108 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
5 of 29
combined protected class members is polarized from other electors and 109
shall not require evidence that voting by each such protected class's 110
members is separately polarized from such other electors, and (V) shall 111
not require evidence concerning the intent of electors, elected officials 112
or such municipality to discriminate against protected class members. 113
(ii) Evidence concerning the causes of, or reasons for, the occurrence 114
of racially polarized voting shall not be deemed relevant to the 115
determination of whether racially polarized voting by protected class 116
members in a municipality occurs or whether candidates or electoral 117
choices preferred by protected class members would usually be 118
defeated. 119
(c) (1) In determining whether, based on the totality of the 120
circumstances, an impairment of the right to vote for any protected class 121
member, or of the opportunity or ability of protected class members to 122
participate in the political process and elect candidates of their choice or 123
otherwise influence the outcome of elections, has occurred, the superior 124
court for the judicial district of Hartford may consider factors that 125
include, but are not limited to: (A) The history of discrimination in or 126
affecting the municipality or state; (B) the extent to which protected class 127
members have been elected to office in the municipality; (C) the use of 128
any qualification for eligibility to be an elector or other prerequisite to 129
voting, any statute, ordinance, regulation or other law regarding the 130
administration of elections, or any standard, practice, procedure or 131
policy, by the municipality that may enhance the dilutive effects of a 132
method of election in such municipality; (D) the extent of any history of 133
unequal access on the part of protected class members or candidates to 134
election administration or campaign finance processes that determine 135
which candidates will receive access to the ballot or financial or other 136
support in a given election for an office of the municipality; (E) the 137
extent to which protected class members in the municipality or state 138
have historically made expenditures, as defined in section 9-601b of the 139
general statutes, at lower rates than other individuals in such 140
municipality or state; (F) the extent to which protected class members in 141 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
6 of 29
the municipality or state vote at lower rates than other electors in the 142
municipality or state, as applicable; (G) the extent to which protected 143
class members in the municipality are disadvantaged, or otherwise bear 144
the effects of public or private discrimination, in areas that may hinder 145
their ability to participate effectively in the political process, such as 146
education, employment, health, criminal justice, housing, 147
transportation, land use or environmental protection; (H) the extent to 148
which protected class members in the municipality are disadvantaged 149
in other areas that may hinder their ability to participate effectively in 150
the political process; (I) the use of overt or subtle racial appeals in 151
political campaigns in the municipality or surrounding the adoption or 152
maintenance of a challenged practice; (J) the extent to which candidates 153
face hostility or barriers while campaigning due to their membership in 154
a protected class; (K) a significant or recurring lack of responsiveness on 155
the part of elected officials of the municipality to the particularized 156
needs of a community or communities of protected class members, 157
except that compliance with a court order shall not be considered to be 158
evidence of such responsiveness; and (L) whether the particular method 159
of election, ordinance, regulation or other law regarding the 160
administration of elections, standard, practice, procedure or policy was 161
designed to advance, and does materially advance, a valid and 162
substantiated state interest. 163
(2) No particular combination or number of factors under subdivision 164
(1) of this subsection shall be required for the court to determine the 165
occurrence of an impairment under this subsection. 166
(d) Any individual aggrieved by a violation of this section, any 167
organization whose membership includes individuals aggrieved by 168
such a violation or the Secretary of the State may file an action alleging 169
a violation of this section in the superior court for the judicial district of 170
Hartford. Members of two or more protected classes that are politically 171
cohesive in a municipality may jointly file such an action in such court. 172
(e) (1) Notwithstanding any provision of title 9 of the general statutes 173
and any special act, charter or home rule ordinance, whenever the 174 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
7 of 29
superior court for the judicial district of Hartford finds a violation by a 175
municipality of any provision of this section, such court shall order 176
appropriate remedies that are tailored to address such violation in such 177
municipality and to ensure protected class members have equitable 178
opportunities to fully participate in the political process and that can be 179
implemented in a manner that will not unduly disrupt the 180
administration of an ongoing or imminent election. Such court shall take 181
into account the ability of officials who administer elections in such 182
municipality to implement any change to voting for an ongoing or 183
imminent election in a manner that is orderly and fiscally sound, and 184
shall not order any remedy that contravenes the Constitution of 185
Connecticut. Appropriate remedies may include, but need not be 186
limited to: (A) A district-based method of election; (B) an alternative 187
method of election; (C) new or revised districting or redistricting plans; 188
(D) elimination of staggered elections so that all members of the 189
legislative body are elected at the same time; (E) reasonably increasing 190
the size of the legislative body; (F) additional voting days or hours; (G) 191
additional polling places; (H) additional means of voting, such as voting 192
by mail, or additional opportunities to return ballots; (I) holding of 193
special elections; (J) expanded opportunities for admission of electors; 194
(K) additional elector education; (L) the restoration or addition of 195
individuals to registry lists; or (M) retaining jurisdiction for such period 196
of time as the court may deem appropriate, during which period no 197
qualification for eligibility to be an elector or prerequisite to voting, or 198
standard, practice or procedure with respect to voting, that is different 199
from that which was in effect at the time an action under subsection (d) 200
of this section was commenced shall be enforced unless the court finds 201
that such qualification, prerequisite, standard, practice or procedure 202
does not have the purpose, and will not have the effect, of impairing the 203
right to vote on the basis of protected class membership or in 204
contravention of the guarantees with respect to such right that are set 205
forth in sections 1 to 9, inclusive, of this act, provided, in any action 206
brought pursuant to chapter 149 of the general statutes, any remedy 207
ordered shall be consistent with the provisions of said chapter. 208
Notwithstanding the provisions of subparagraph (M) of this 209 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
8 of 29
subdivision, any such finding by the court shall not be a bar to any 210
subsequent action to enjoin enforcement of such qualification, 211
prerequisite, standard, practice or procedure. 212
(2) Such court may only order a remedy if such remedy will not 213
impair the ability of protected class members to participate in the 214
political process and elect their preferred candidates or otherwise 215
influence the outcome of elections. Such court shall consider remedies 216
proposed by any parties to an action filed pursuant to subsection (d) of 217
this section and by other interested persons who are not such parties. 218
The court shall not give deference or priority to a remedy proposed by 219
a municipality simply because it has been proposed by suc h 220
municipality. The court shall have authority to order that a municipality 221
implement one or more remedies that may be inconsistent with the 222
provisions of state or municipal law, where such inconsistent provisions 223
would otherwise preclude the court from ordering an appropriate 224
remedy. 225
(f) (1) In the case of any proposal for a municipality to enact and 226
implement (A) a new method of election to replace such municipality's 227
at-large method of election with either a district-based method of 228
election or an alternative method of election, or (B) a new districting or 229
redistricting plan, the legislative body of such municipality shall act in 230
accordance with the provisions of subdivision (2) of this subsection if 231
any such proposal was made after the receipt of a notification letter 232
described in subsection (g) of this section or after the filing of a claim 233
pursuant to this section or the federal Voting Rights Act. 234
(2) (A) Prior to drawing a draft districting or redistricting plan or 235
plans, or transitioning to a proposed district-based method of election 236
or alternative method of election, the municipality shall hold at least one 237
public hearing at which members of the public may provide input 238
regarding such draft or proposal, including, if applicable, the 239
composition of districts. Notice of each such hearing shall be published 240
at least three weeks prior to the date of such hearing. In advance of each 241
such hearing, the municipality shall conduct outreach to members of the 242 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
9 of 29
public, including to language minority groups, to explain the districting 243
or redistricting process and to encourage such input. 244
(B) After all such draft districting or redistricting plans are drawn, the 245
municipality shall publish and make available for public dissemination 246
at least one such plan and include the potential sequence of elections in 247
the event the members of the legislative body of such municipality 248
would be elected for staggered terms under such plan. The municipality 249
shall hold at least one public hearing at which members of the public 250
may provide input regarding the content of such plan or plans and, if 251
applicable, such potential sequence of elections. Such plan or plans shall 252
be published at least three weeks prior to consideration at each such 253
hearing. If such plan or plans are revised at or following any such 254
hearing, the municipality shall publish and make available for public 255
dissemination such revised plan or plans at least two weeks prior to any 256
adoption of such revised plan or plans. 257
(g) (1) Prior to filing an action against a municipality pursuant to 258
subsection (d) of this section, any party described in subsection (d) of 259
this section shall send by certified mail, return receipt requested, a 260
notification letter to the clerk of such municipality asserting that such 261
municipality may be in violation of the provisions of sections 1 to 9, 262
inclusive, of this act. 263
(2) (A) No such party may file an action pursuant to this section 264
earlier than fifty days after sending such notification letter to such 265
municipality. 266
(B) Prior to receiving a notification letter, or not later than fifty days 267
after any such notification letter is sent to a municipality, the legislative 268
body of such municipality may pass a resolution (i) affirming such 269
municipality's intention to enact and implement a remedy for a 270
potential violation of the provisions of sections 1 to 9, inclusive, of this 271
act, (ii) setting forth specific measures such municipality will take to 272
facilitate approval and implementation of such a remedy, and (iii) 273
providing a schedule for the enactment and implementation of such a 274 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
10 of 29
remedy. No party described in subsection (d) of this section may file an 275
action pursuant to this section earlier than ninety days after passage of 276
any such resolution by such legislative body. 277
(C) If, under the laws of the state or under any charter or home rule 278
ordinance, the legislative body of a municipality lacks authority to enact 279
or implement a remedy identified in any such resolution within ninety 280
days after the passage of such resolution, or if such municipality is a 281
covered jurisdiction as described in section 5 of this act, such legislative 282
body may take the following measures upon such passage: 283
(i) The municipality shall hold at least one public hearing on any 284
proposal to remedy any potential violation of the provisions of sections 285
1 to 9, inclusive, of this act, at which members of the public may provide 286
input regarding any such proposed remedies. In advance of each such 287
hearing, the municipality shall conduct outreach to members of the 288
public, including to language minority groups, to encourage such input. 289
(ii) The legislative body of such municipality may approve any such 290
proposed remedy that complies with the provisions of sections 1 to 9, 291
inclusive, of this act and submit such proposed remedy to the Secretary 292
of the State. 293
(iii) Notwithstanding any provision of title 9 of the general statutes 294
and any special act, charter or home rule ordinance, the Secretary of the 295
State shall, not later than ninety days after submission of such proposed 296
remedy by such municipality, approve or reject such proposed remedy 297
in accordance with the provisions of this clause. The Secretary may 298
require that such municipality or any other party provide additional 299
information related to the submission of such proposed remedy. The 300
Secretary may only approve such proposed remedy if the Secretary 301
concludes (I) such municipality may be in violation of the provisions of 302
sections 1 to 9, inclusive, of this act, (II) the proposed remedy would 303
address any such potential violation, (III) the proposed remedy does not 304
violate the Constitution of Connecticut or any federal law, and (IV) the 305
proposed remedy can be implemented in a manner that will not unduly 306 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
11 of 29
disrupt the administration of an ongoing or imminent election. 307
(iv) Notwithstanding any provision of title 9 of the general statutes 308
and any special act, charter or home rule ordinance, if the Secretary of 309
the State approves the proposed remedy, such proposed remedy shall 310
be enacted and implemented immediately or, if immediate 311
implementation would unduly disrupt the administration of an ongoing 312
or imminent election, as soon as possible. If the municipality is a covered 313
jurisdiction as described in section 5 of this act, such municipality shall 314
not be required to obtain preclearance for such proposed remedy. The 315
decision of the Secretary to approve such proposed remedy shall be final 316
and shall not be subject to review in any court or forum, except as 317
provided in the Constitution of Connecticut. 318
(v) If the Secretary of the State denies the proposed remedy, (I) such 319
proposed remedy shall not be enacted or implemented, (II) the Secretary 320
shall set forth the reasons for such denial, and (III) the Secretary may 321
recommend another remedy that the Secretary would approve. The 322
decision of the Secretary to deny such proposed remedy shall be final 323
and shall not be subject to review in any court or forum, except as 324
provided in the Constitution of Connecticut. 325
(vi) If the Secretary of the State does not approve or reject such 326
proposed remedy within ninety days after the submission of such 327
proposed remedy by the municipality, the proposed remedy shall not 328
be enacted or implemented. The decision of the Secretary to not approve 329
or to reject such proposed remedy shall be final and shall not be subject 330
to review in any court or forum, except as provided in the Constitution 331
of Connecticut. 332
(D) A municipality that has passed a resolution described in 333
subparagraph (B) of this subdivision may enter into an agreement with 334
any party who sent a notification letter described in subdivision (1) of 335
this subsection providing that such party shall not file an action 336
pursuant to this section earlier than ninety days after entering into such 337
agreement. If such party agrees to so enter into such an agreement, such 338 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
12 of 29
agreement shall require that the municipality either enact and 339
implement a remedy that complies with the provisions of sections 1 to 340
9, inclusive, of this act or pass such a resolution and submit such 341
resolution to the Secretary of the State. If such party declines to so enter 342
into such an agreement, such party may file an action pursuant to this 343
section at any time. 344
(E) If, pursuant to the provisions of this subsection, a municipality 345
enacts or implements a remedy or the Secretary of the State approves a 346
proposed remedy, a party who sent a notification letter described in 347
subdivision (1) of this subsection may, not later than thirty days after 348
such enactment, implementation or approval, submit a claim for 349
reimbursement from such municipality for the costs associated with 350
producing and sending such notification letter. Such party shall submit 351
such claim in writing and substantiate such claim with financial 352
documentation, including a detailed invoice for any demography 353
services or analysis of voting patterns in such municipality. Upon 354
receipt of any such claim, such municipality may request additional 355
financial documentation if that which has been provided by such party 356
is insufficient to substantiate such costs. Such municipality shall 357
reimburse such party for reasonable costs claimed or for an amount to 358
which such party and such municipality agree, except that the 359
cumulative amount of any such reimbursements to all such parties other 360
than the Secretary of the State shall not exceed fifty thousand dollars, 361
adjusted in accordance with any change in the consumer price index for 362
all urban consumers as published by the United States Department of 363
Labor, Bureau of Labor Statistics. If any such party and such 364
municipality fail to agree to a reimbursement amount, either such party 365
or such municipality may file an action for a declaratory judgment with 366
the superior court for the judicial district of Hartford for a clarification 367
of rights. 368
(F) (i) Notwithstanding the provisions of this subsection, a party 369
described in subsection (d) of this section may seek preliminary relief 370
for a regular election held in a municipality by filing an action pursuant 371 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
13 of 29
to this section during the one hundred twenty days prior to such regular 372
election. Not later than the filing of such action, such party shall send a 373
notification letter described in subdivision (1) of this subsection to such 374
municipality. In the event any such action is withdrawn or dismissed as 375
being moot as a result of such municipality's enactment or 376
implementation of a remedy, or the approval by the Secretary of the 377
State of a proposed remedy, any such party may only submit a claim for 378
reimbursement in accordance with the provisions of subparagraph (E) 379
of this subdivision. 380
(ii) In the case of preliminary relief sought pursuant to subparagraph 381
(F)(i) of this subdivision by a party described in subsection (d) of this 382
section, the superior court for the judicial district of Hartford shall grant 383
such relief if such court determines that (I) such party has shown a 384
substantial likelihood of success on the merits, and (II) it is possible to 385
implement an appropriate remedy that would resolve the violation 386
alleged under this section prior to such election in a manner that will 387
not unduly disrupt such election. 388
Sec. 3. (NEW) (Effective January 1, 2024) (a) There is established in the 389
office of the Secretary of the State a state-wide database of information 390
necessary to assist the state and any municipality in (1) evaluating 391
whether and to what extent current laws and practices related to 392
election administration are consistent with the provisions of sections 1 393
to 9, inclusive, of this act, (2) implementing best practices in election 394
administration to further the purposes of said sections, and (3) 395
investigating any potential infringement upon the right to vote. 396
(b) The Secretary of the State shall designate an employee of the office 397
of the Secretary of the State to serve as manager of the state-wide 398
database. Such employee shall possess an advanced degree from an 399
accredited college or university, or equivalent experience, and have 400
expertise in demography, statistical analysis and electoral systems. Such 401
employee shall be responsible for the operation of such state-wide 402
database and shall manage such staff as is necessary to implement and 403
maintain such state-wide database. 404 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
14 of 29
(c) The state-wide database shall maintain in electronic format the 405
following data and records, at a minimum, for no fewer than the prior 406
twelve years: 407
(1) Estimates of total population, voting age population and citizen 408
voting age population by race, color and language minority group, 409
broken down annually to the voting district level for each municipality, 410
based on information from the United States Census Bureau, including 411
from the American Community Survey, or information of comparable 412
quality collected by a similar governmental agency, and accounting for 413
population adjustments pursuant to section 9-169h of the general 414
statutes, as applicable; 415
(2) Election results at the district level for each state-wide election and 416
each election in each municipality; 417
(3) Regularly updated registry lists, geocoded locations for each 418
elector and elector history files for each election in each municipality; 419
(4) Contemporaneous maps, descriptions of boundaries and other 420
similar items, which shall be provided as shapefiles or in a comparable 421
electronic format if an electronic format is available; 422
(5) Geocoded locations of polling places and absentee ballot drop 423
boxes for each election in each municipality, and a list or description of 424
the voting districts or geographic areas served by each such location; 425
and 426
(6) Any other information the Secretary of the State deems advisable 427
to maintain in furtherance of the purposes of sections 1 to 9, inclusive, 428
of this act. 429
(d) Except for any data, information or estimates that identify 430
individual electors, the data, information or estimates maintained in the 431
state-wide database shall be published on the Internet web site of the 432
office of the Secretary of the State and made publicly available in 433
electronic format at no cost. 434 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
15 of 29
(e) Any estimates prepared pursuant to this section, including 435
estimates of eligible electors, shall be prepared using the most advanced, 436
peer-reviewed and validated methodologies. 437
(f) At the time the Secretary of the State is prepared to commence 438
administration of the state-wide database established under this section, 439
the Secretary shall submit a report to the joint standing committee of the 440
General Assembly having cognizance of matters relating to elections, in 441
accordance with the provisions of section 11-4a of the general statutes, 442
certifying such fact. Not later than ninety days after such certification, 443
and at least annually thereafter, the Secretary shall publish on the 444
Internet web site of the office of the Secretary of the State (1) a list of each 445
municipality required under section 4 of this act to provide assistance to 446
members of language minority groups, and (2) each language in which 447
such municipalities are so required to provide such assistance. The 448
Secretary shall also distribute such information to each municipality. 449
(g) Upon the certification of election results and the completion of the 450
elector history file after each election, the officials responsible for 451
administering elections in each municipality shall transmit to the 452
Secretary of the State, in electronic format, copies of (1) such election 453
results at the voting district level, (2) updated registry lists, (3) elector 454
history files, (4) maps, descriptions of boundaries and other similar 455
items, and (5) lists of polling place and absentee ballot drop box 456
locations and lists or descriptions of the voting districts or geographic 457
areas served by such locations. 458
(h) At least annually or upon the request by the Secretary of the State, 459
the Criminal Justice Information Systems Governing Board established 460
under section 54-142q of the general statutes, or any other state entity 461
identified by the Secretary as possessing data, statistics or other 462
information that the office of the Secretary of the State requires to carry 463
out its duties and responsibilities under title 9 of the general statutes, 464
shall provide to the Secretary such data, statistics or information. 465
(i) The office of the Secretary of the State may provide nonpartisan 466 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
16 of 29
technical assistance to municipalities, researchers and members of the 467
public seeking to use the resources of the state-wide database. 468
(j) In each action filed pursuant to section 2 of this act, there shall be 469
a rebuttable presumption that the data, estimates or other information 470
maintained in the state-wide database is valid. 471
Sec. 4. (NEW) (Effective January 1, 2024) (a) The Secretary of the State 472
shall designate one or more languages, other than English, for which 473
assistance in voting and elections shall be provided in a municipality if 474
the Secretary finds that a significant and substantial need exists for such 475
assistance. 476
(b) (1) The Secretary of the State shall find that such significant and 477
substantial need exists if, based on the best available data, which may 478
include information from the United States Census Bureau's American 479
Community Survey, or data of comparable quality collected by a 480
governmental entity: 481
(A) More than two per cent of the citizens of voting age of such 482
municipality, but in no instance fewer than one hundred such citizens, 483
speak a language other than English and are limited English proficient 484
individuals; 485
(B) More than four thousand of the citizens of voting age of such 486
municipality speak a language other than English and are limited 487
English proficient individuals; or 488
(C) In the case of a municipality that contains any part of a Native 489
American reservation, more than two per cent of the Native American 490
citizens of voting age within such Native American reservation are 491
proficient in a language other than English and are limited English 492
proficient individuals. As used in this subdivision, "Native American" 493
includes any person recognized by the United States Census Bureau, or 494
this state, as "American Indian". 495
(2) As used in this section, "limited English proficient individual" 496 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
17 of 29
means an individual who does not speak English as such individual's 497
primary language and who speaks, reads or understands the English 498
language less than "very well", in accordance with United States Census 499
Bureau data or data of comparable quality collected by a governmental 500
entity. 501
(c) Not later than January 15, 2024, and at least annually thereafter, 502
the Secretary of the State shall publish on the Internet web site of the 503
office of the Secretary of the State a list of (1) each municipality in which 504
assistance in voting and elections in a language other than English shall 505
be provided, and (2) each such language in which such assistance shall 506
be provided in each such municipality. The Secretary's determinations 507
under this section shall be effective upon such publication and shall not 508
be subject to review in any court or forum, except as provided in the 509
Constitution of Connecticut. The Secretary shall distribute to each 510
affected municipality the information contained in such list. 511
(d) Each municipality described in subsection (c) of this section shall 512
provide assistance in voting and elections, including related materials, 513
in any language designated by the Secretary of the State under 514
subsection (a) of this section to electors in such municipality who are 515
limited English proficient individuals. 516
(e) Whenever the Secretary of the State determines, pursuant to this 517
section, that language assistance shall be provided in a municipality, 518
such municipality shall provide competent assistance in each 519
designated language and shall provide related materials (1) in English, 520
and (2) in each designated language, including registration or voting 521
notices, forms, instructions, assistance, ballots or other materials or 522
information relating to the electoral process, except that in the case of a 523
language that is oral or unwritten, including historically unwritten as 524
may be the case for some Native Americans, such municipality may 525
provide only oral instructions, assistance or other information relating 526
to the electoral process in such language. All materials provided in a 527
designated language shall be of an equal quality to the corresponding 528
English materials. All provided translations shall convey the intent and 529 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
18 of 29
essential meaning of the original text or communication and shall not 530
rely solely on any automatic translation service. Whenever available, 531
language assistance shall also include live translation. 532
(f) The Secretary of the State shall adopt regulations, in accordance 533
with the provisions of chapter 54 of the general statutes, to establish a 534
review process under which the Secretary shall determine whether a 535
significant and substantial need exists in a municipality for a language 536
to be designated for the provision of assistance in voting and elections. 537
Such process shall include, at a minimum, (1) an opportunity for any 538
elector, organization whose membership includes or is likely to include 539
electors, organization whose mission would be frustrated by a 540
municipality's failure to provide such language assistance or 541
organization that would expend resources in order to fulfill such 542
organization's mission as a result of such a failure, to request that the 543
Secretary consider so designating a language in a municipality, (2) an 544
opportunity for public comment, and (3) that, upon receipt of any such 545
request and consideration of any such public comment, the Secretary 546
may, in accordance with the process for making such determination, so 547
designate any language in a municipality. 548
(g) Any individual aggrieved by a violation of this section, any 549
organization whose membership includes individuals aggrieved by 550
such a violation or the Secretary of the State may file an action alleging 551
a violation of this section in the superior court for the judicial district of 552
Hartford. 553
Sec. 5. (NEW) (Effective January 1, 2025) (a) The enactment or 554
implementation of a covered policy, as described in subsection (b) of this 555
section, by a covered jurisdiction, as described in subsection (c) of this 556
section, shall be subject to preclearance, as described in subsections (e) 557
and (f) of this section, by the Secretary of the State or the superior court 558
for the judicial district of Hartford. 559
(b) A covered policy shall include any new or modified qualification 560
for admission as an elector, prerequisite to voting or ordinance, 561 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
19 of 29
regulation, standard, practice, procedure or policy concerning: 562
(1) Districting or redistricting, subject to the provisions of subdivision 563
(2) of subsection (c) of this section; 564
(2) Method of election; 565
(3) Form of government; 566
(4) Annexation, incorporation, dissolution, consolidation or division 567
of a municipality; 568
(5) Removal of individuals from registry lists or enrollment lists and 569
other activities concerning any such list; 570
(6) Hours of any polling place, or location or number of polling places 571
or absentee ballot drop boxes; 572
(7) Assignment of voting districts to polling place or absentee ballot 573
drop box locations; 574
(8) Assistance offered to protected class members; or 575
(9) Any additional subject matter the Secretary of the State may 576
identify for inclusion in this subsection, pursuant to a regulation 577
adopted by the Secretary in accordance with the provisions of chapter 578
54 of the general statutes, if the Secretary determines that any 579
qualification for admission as an elector, prerequisite to voting or 580
ordinance, regulation, standard, practice, procedure or policy 581
concerning such subject matter may have the effect of diminishing the 582
right to vote of any protected class member or have the effect of 583
violating the provisions of sections 1 to 9, inclusive, of this act. A 584
decision by the Secretary to so identify or to not so identify any 585
additional subject matter for inclusion in this subsection shall be final 586
and shall not be subject to review in any court or forum, except as 587
provided in the Constitution of Connecticut. 588
(c) (1) A covered jurisdiction includes: 589 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
20 of 29
(A) Any municipality that, within the prior twenty-five years, has 590
been subject to any court order or government enforcement action based 591
upon a finding of any violation of the provisions of sections 1 to 9, 592
inclusive, of this act, the federal Voting Rights Act, any state or federal 593
civil rights law, the fifteenth amendment to the United States 594
Constitution or the fourteenth amendment to the United States 595
Constitution, which violation concerns the right to vote or a pattern, 596
practice or policy of discrimination against any protected class; 597
(B) Any municipality that, within the three immediately preceding 598
years, has failed to comply with such municipality's obligations to 599
provide data or information to the state-wide database pursuant to 600
section 3 of this act, except that inadvertent or unavoidable delays in 601
such compliance, if communicated to the Secretary of the State and 602
corrected within a reasonable time, shall not constitute such failure; 603
(C) Any municipality (i) that is not a school district, (ii) that contains 604
at least one thousand eligible electors of any protected class, or in which 605
members of any protected class constitute at least ten per cent of the 606
eligible elector population of such municipality, and (iii) in which, 607
during the prior ten years, based on data from criminal justice 608
information systems, as defined in section 54-142q of the general 609
statutes, the combined misdemeanor and felony arrest rate of any 610
protected class exceeds the combined misdemeanor and felony arrest 611
rate of the entire population of such municipality by at least twenty per 612
cent; 613
(D) Any municipality (i) that contains at least one thousand eligible 614
electors of any protected class, or in which members of any protected 615
class constitute at least ten per cent of the eligible elector population of 616
such municipality, and (ii) in which, during the prior ten years, the 617
percentage of electors of any such protected class in such municipality 618
that participated in any general election for any municipal office is at 619
least ten percentage points lower than the percentage of all electors in 620
the municipality that participated in such election; or 621 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
21 of 29
(E) Any municipality that, during the prior ten years, was found to 622
have enacted or implemented a covered policy without obtaining 623
preclearance for such covered policy pursuant to the process described 624
in subparagraph (G) of subdivision (2) of subsection (e) of this section. 625
(2) A municipality that is a covered jurisdiction under subdivision (1) 626
of this subsection shall be subject to preclearance for a covered policy 627
described in subdivision (1) of subsection (b) of this section if, within the 628
past twenty-five years, such municipality: 629
(A) Has been subject to three or more court orders or government 630
enforcement actions based upon a finding of any violation of the 631
provisions of sections 1 to 9, inclusive, of this act, the federal Voting 632
Rights Act, any state or federal civil rights law, the fifteenth amendment 633
to the United States Constitution or the fourteenth amendment to the 634
United States Constitution, which violation concerns the right to vote or 635
a pattern, practice or policy of discrimination against any protected 636
class; or 637
(B) Has been subject to any such court order or government 638
enforcement action that concerns districting or redistricting or method 639
of election. 640
(d) At least annually, the Secretary of the State shall determine which 641
municipalities are covered jurisdictions pursuant to subsection (c) of 642
this section and publish on the Internet web site of the office of the 643
Secretary of the State a list of such municipalities. A determination of 644
the Secretary as to coverage under this subsection shall be effective upon 645
such publication and may be appealed in accordance with the 646
provisions of chapter 54 of the general statutes, provided any such 647
appeal taken under section 4-183 of the general statutes shall be in the 648
superior court for the judicial district of Hartford. Any such appeal shall 649
be privileged with respect to assignment for trial. 650
(e) (1) If a covered jurisdiction seeks preclearance from the Secretary 651
of the State for the adoption or implementation of any covered policy, 652 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
22 of 29
such covered jurisdiction shall submit, in writing, such covered policy 653
to the Secretary and may obtain such preclearance in accordance with 654
the provisions of this subsection. 655
(2) When the Secretary of the State receives any such submission of a 656
covered policy: 657
(A) As soon as practicable but not later than ten days after such 658
receipt, the Secretary shall publish on the Internet web site of the office 659
of the Secretary of the State such submission of a covered policy. 660
(B) Members of the public shall have an opportunity to comment on 661
such published submission within the time period set forth in 662
subparagraph (I) of this subdivision. For the purposes of facilitating 663
public comment on any such submission, the Secretary shall allow 664
members of the public to sign up to receive notifications or alerts 665
regarding submissions of covered policies for preclearance. 666
(C) The Secretary shall review such submission and any public 667
comment thereon, and shall, within the time period set forth in 668
subparagraph (I) of this subdivision, provide a report and 669
determination as to whether preclearance of the covered policy should 670
be granted or denied. Such time period shall run concurrently with the 671
time period for public comment. 672
(D) The covered jurisdiction shall bear the burden of proof in any 673
determination as to preclearance of a covered policy. The Secretary may 674
request from a covered jurisdiction, at any time during the Secretary's 675
review, additional information for the purpose of developing the 676
Secretary's report and determination. Failure of such covered 677
jurisdiction to timely comply with reasonable requests for such 678
additional information may constitute grounds for the denial of 679
preclearance. The Secretary shall publish on the Internet web site of the 680
office of the Secretary of the State each such report and determination 681
upon completion thereof. 682
(E) In any such determination, the Secretary shall state in writing 683 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
23 of 29
whether the Secretary is approving or rejecting the covered policy, 684
provided the Secretary may designate preclearance as "preliminary" and 685
subsequently approve or deny final preclearance not later than ninety 686
days after receipt of submission of such covered policy. 687
(F) (i) The Secretary shall deny preclearance to a submitted covered 688
policy only if the Secretary determines that (I) such covered policy is 689
more likely than not to diminish the opportunity or ability of protected 690
class members to participate in the political process and elect candidates 691
of their choice or otherwise influence the outcome of elections, or (II) 692
such covered policy is more likely than not to violate the provisions of 693
sections 1 to 9, inclusive, of this act. 694
(ii) For any such denial, the Secretary shall interpose objections 695
explaining the Secretary's basis for such denial, and the covered policy 696
shall not be enacted or implemented. 697
(G) If the Secretary grants preclearance to a submitted covered policy, 698
the covered jurisdiction may immediately enact or implement such 699
covered policy. A determination by the Secretary to so grant 700
preclearance shall not be admissible in, or otherwise considered by, a 701
court in any subsequent action challenging such covered policy. 702
(H) If the Secretary fails to deny or grant preclearance to a submitted 703
covered policy within the time period set forth in subparagraph (I) of 704
this subdivision, such covered policy shall be deemed precleared and 705
the covered jurisdiction may enact or implement such covered policy. 706
(I) The time periods for review by the Secretary of the State of any 707
submitted covered policy, for public comment and for any 708
determination of the Secretary to grant or deny preclearance to such 709
covered policy shall be as follows: 710
(i) For any covered policy concerning the location of polling places or 711
absentee ballot drop boxes, (I) the time period for public comment shall 712
be ten business days, and (II) the time period in which the Secretary shall 713
review the covered policy, including any public comment thereon, and 714 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
24 of 29
make a determination to grant or deny preclearance to such covered 715
policy, shall be not more than thirty days after the receipt of the 716
submission of such covered policy, except that the Secretary may invoke 717
an extension of not more than twenty days to make any determination 718
under subparagraph (I)(i)(II) of this subdivision; and 719
(ii) For any other covered policy, (I) the time period for public 720
comment shall be ten business days, except that, for any covered policy 721
that concerns the implementation of a district-based method of election 722
or an alternative method of election, districting or redistricting plans or 723
a change to a municipality's form of government, such time period shall 724
be twenty business days, and (II) the time period in which the Secretary 725
shall review such other covered policy, including any public comment 726
thereon, and make a determination to grant or deny preclearance to 727
such other covered policy, shall be not more than ninety days after the 728
receipt of the submission of such other covered policy, except that the 729
Secretary may invoke up to two extensions of not more than ninety days 730
apiece to make any determination under subparagraph (I)(ii)(II) of this 731
subdivision. 732
(J) The Secretary of the State may adopt regulations, in accordance 733
with the provisions of chapter 54 of the general statutes, to establish an 734
expedited, emergency preclearance process under which the Secretary 735
may address covered policies that are submitted during or immediately 736
preceding an election as a result of any attack, disaster, emergency or 737
other exigent circumstance. Any preclearance granted pursuant to the 738
regulations adopted under this subparagraph shall be designated 739
"preliminary" and the Secretary may subsequently approve or deny 740
final preclearance not later than ninety days after receipt of submission 741
of such covered policy. 742
(K) Any denial of preclearance under this subdivision may be 743
appealed in accordance with the provisions of chapter 54 of the general 744
statutes, provided any such appeal taken under section 4-183 of the 745
general statutes shall be in the superior court for the judicial district of 746
Hartford. Any such appeal shall be privileged with respect to 747 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
25 of 29
assignment for trial. 748
(f) (1) If a covered jurisdiction seeks preclearance from the superior 749
court for the judicial district of Hartford for the adoption or 750
implementation of any covered policy, in lieu of seeking such 751
preclearance from the Secretary of the State pursuant to subsection (e) 752
of this section, such covered jurisdiction shall submit, in writing, such 753
covered policy to such court and may obtain such preclearance in 754
accordance with the provisions of this subsection, provided (A) such 755
covered jurisdiction shall also contemporaneously transmit to the 756
Secretary of the State a copy of such submission, and (B) failure to so 757
provide such copy shall result in an automatic denial of such 758
preclearance. Notwithstanding the transmission to the Secretary of a 759
copy of any such submission, the court shall exercise exclusive 760
jurisdiction over such submission. The covered jurisdiction shall bear 761
the burden of proof in the court's determination as to preclearance. 762
(2) The court shall grant or deny preclearance not later than ninety 763
days after the receipt of submission of a covered policy. 764
(3) The court shall deny preclearance to a submitted covered policy 765
only if such court determines that (A) such covered policy is more likely 766
than not to diminish the opportunity or ability of protected class 767
members to participate in the political process and elect candidates of 768
their choice or otherwise influence the outcome of elections, or (B) such 769
covered policy is more likely than not to violate the provisions of 770
sections 1 to 9, inclusive, of this act. 771
(4) If the court grants preclearance to such covered policy, the covered 772
jurisdiction may immediately enact or implement such covered policy. 773
A determination by the court to grant preclearance to a covered policy 774
shall not be admissible in, or otherwise considered by, a court in any 775
subsequent action challenging such covered policy. 776
(5) If the court denies preclearance to a covered policy, or fails to 777
make a determination within ninety days of receipt of submission of 778 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
26 of 29
such covered policy, such covered policy shall not be enacted or 779
implemented. 780
(6) Any denial of preclearance under this subsection may be appealed 781
in accordance with the ordinary rules of appellate procedure. Any 782
action brought pursuant to this subsection shall be privileged with 783
respect to assignment for trial or appeal, as applicable, including 784
expedited pretrial and other proceedings. 785
(g) If any covered jurisdiction enacts or implements any covered 786
policy without obtaining preclearance for such covered policy in 787
accordance with the provisions of this section, the Secretary of the State 788
or any party described in subsection (d) of section 2 of this act may file 789
an action in the superior court for the judicial district of Hartford to 790
enjoin such enactment or implementation and seek sanctions against 791
such covered jurisdiction for violations of this section. 792
(h) The Secretary of the State may adopt regulations, in accordance 793
with the provisions of chapter 54 of the general statutes, to effectuate the 794
purposes of this section. Any estimates prepared for the purpose of 795
identifying covered jurisdictions under this section, including estimates 796
of eligible electors, shall be prepared using the most advanced, peer-797
reviewed and validated methodologies. 798
Sec. 6. (NEW) (Effective July 1, 2023) (a) Notwithstanding the 799
provisions of chapter 151 of the general statutes, a person, whether 800
acting under color of law or otherwise, shall not engage in acts of 801
intimidation, deception or obstruction that interfere with any elector's 802
right to vote. 803
(b) A violation of subsection (a) of this section includes, but is not 804
limited to, the following: 805
(1) Any person who uses or threatens to use any force, violence, 806
restraint, abduction or duress, who inflicts or threatens to inflict any 807
injury, damage, harm or loss or who by any other conduct practices 808
intimidation that causes or will reasonably have the effect of causing 809 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
27 of 29
interference with any elector's right to vote; 810
(2) Any person who knowingly uses any deceptive or fraudulent 811
device, contrivance or communication that causes or will reasonably 812
have the effect of causing interference with any elector's right to vote; or 813
(3) Any person who obstructs, impedes or otherwise interferes with 814
access to any polling place or absentee ballot drop box or any office or 815
place of business of an election official or who obstructs, impedes or 816
otherwise interferes with any elector or election official in a manner that 817
causes or will reasonably have the effect of causing interference with 818
any elector's right to vote or any delay in voting or the voting process. 819
(c) (1) Any individual aggrieved by a violation of this section or any 820
organization whose membership includes individuals aggrieved by 821
such a violation may file an action alleging a violation of this section in 822
the superior court for the judicial district of Hartford. Such an action 823
may be filed irrespective of any action that may be filed by the State 824
Elections Enforcement Commission, the Attorney General or the State's 825
Attorney as a result of such a violation. 826
(2) In any action brought pursuant to subdivision (1) of this 827
subsection, the complainant shall file a certification attached to the 828
complaint indicating that (A) a copy of such complaint has been sent by 829
first-class mail or delivered to the State Elections Enforcement 830
Commission, or (B) a copy of such complaint will be so sent or delivered 831
not later than the following business day. 832
(d) (1) Notwithstanding any provision of title 9 of the general statutes 833
and any special act, charter or home rule ordinance, whenever such 834
court finds a violation of any provision of this section, such court shall 835
order appropriate remedies that are tailored to address such violation, 836
including, but not limited to, providing for additional time to vote at an 837
election, primary or referendum. 838
(2) Any person who violates the provisions of this section, or who 839
aids in the violation of any of such provisions, shall be liable for any 840 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
28 of 29
damages awarded by such court, including, but not limited to, nominal 841
damages for any such violation and compensatory or punitive damages 842
for any such wilful violation. 843
Sec. 7. (NEW) (Effective July 1, 2023) Any provision of the general 844
statutes, regulation adopted thereunder, special act, charter, home rule 845
ordinance or other state or municipal enactment relating to the right to 846
vote shall be construed liberally in favor of (1) protecting the right to 847
cast a ballot and make such ballot effective, (2) ensuring that qualified 848
individuals seeking to be admitted as electors are not impaired in being 849
so admitted, (3) ensuring electors are not impaired in voting, including, 850
but not limited to, having their votes counted, (4) making the 851
fundamental right to vote more accessible to qualified individuals, and 852
(5) ensuring equitable access for protected class members to 853
opportunities to be admitted as electors and to vote. 854
Sec. 8. (NEW) (Effective July 1, 2023) Nothing in the provisions of 855
sections 1 to 7, inclusive, of this act shall be construed to affect the 856
powers and duties of (1) the State Elections Enforcement Commission to 857
attempt to secure voluntary compliance relating to any election, primary 858
or referendum or pursue any other remedy authorized under sections 859
9-7a and 9-7b of the general statutes, or (2) the Commission on Human 860
Rights and Opportunities, as provided in chapter 814c of the general 861
statutes. 862
Sec. 9. (NEW) (Effective July 1, 2023) In any action to enforce the 863
provisions of sections 1 to 7, inclusive, of this act, the court shall award 864
reasonable attorneys' fees and litigation costs, including, but not limited 865
to, expert witness fees and expenses, to the party that filed such action, 866
other than the state or any municipality, and that prevailed in such 867
action. The party that filed such action shall be deemed to have 868
prevailed when, as a result of litigation, the party against whom such 869
action was filed has yielded much or all of the relief sought in such 870
action. In the case of a party against whom such action was filed and 871
who prevailed in such action, the court shall not award such party any 872
costs unless such court finds such action to be frivolous, unreasonable 873 Substitute Bill No. 1226
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
R03-SB.docx }
29 of 29
or without foundation. 874
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
GAE Joint Favorable Subst.
APP Joint Favorable
JUD Joint Favorable