Connecticut 2023 Regular Session

Connecticut Senate Bill SB01226 Compare Versions

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7	7		General Assembly Substitute Bill No. 1226
8	8		January Session, 2023
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14	14		AN ACT CONCERNING STATE VOTING RIGHTS IN RECOGNITION OF
15	15		JOHN R. LEWIS.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section and 1
20	20		sections 2 to 9, inclusive, of this act: 2
21	21		(1) "Alternative method of election" means a method of electing 3
22	22		candidates to the legislative body of a municipality other than an at-4
23	23		large method of election or a district-based method of election, and 5
24	24		includes, but is not limited to, proportional ranked-choice voting, 6
25	25		cumulative voting and limited voting; 7
26	26		(2) (A) "At-large method of election" means a method of electing 8
27	27		candidates to the legislative body of a municipality in which such 9
28	28		candidates are voted upon by all electors of such municipality; 10
29	29		(B) "At-large method of election" does not include any alternative 11
30	30		method of election; 12
31	31		(3) "District-based method of election" means a method of electing 13
32	32		candidates to the legislative body of a municipality in which, for 14
33	33		municipalities divided into districts, a candidate for any such district is 15
34	34		required to reside in such district and candidates representing or 16 Substitute Bill No. 1226
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41	41		seeking to represent such district are voted upon by only the electors of 17
42	42		such district; 18
43	43		(4) "Federal Voting Rights Act" means the federal Voting Rights Act 19
44	44		of 1965, 52 USC 10301 et seq., as amended from time to time; 20
45	45		(5) "Government enforcement action" means any denial of 21
46	46		administrative or judicial preclearance by the state or federal 22
47	47		government, pending litigation filed by a state or federal entity, final 23
48	48		judgment or adjudication, consent decree or other similar formal action; 24
49	49		(6) "Legislative body" means the board of aldermen, council, board of 25
50	50		burgesses, representative town meeting, board of education, district 26
51	51		committee, association committee or other similar body, as applicable, 27
52	52		of a municipality; 28
53	53		(7) "Municipality" or "municipal" means any town, city or borough, 29
54	54		whether consolidated or unconsolidated, any local or regional school 30
55	55		district, any district, as defined in section 7-324 of the general statutes, 31
56	56		or any other district authorized under the general statutes; 32
57	57		(8) "Organization" means a person other than an individual; 33
58	58		(9) "Protected class" means a class of citizens who are members of a 34
59	59		race, color or language minority group, as referenced in the federal 35
60	60		Voting Rights Act; 36
61	61		(10) "Racially polarized voting" means voting in which the candidate 37
62	62		or electoral choice preferred by protected class members diverges from 38
63	63		the candidate or electoral choice preferred by electors who are not 39
64	64		protected class members; and 40
65	65		(11) "Vote" or "voting" includes any action necessary to cast a ballot 41
66	66		and make such ballot effective in any election or primary, including, but 42
67	67		not limited to, admission as an elector, application for an absentee ballot 43
68	68		and any other action required by law as a prerequisite to casting a ballot 44
69	69		and having such ballot counted, canvassed or certified properly and 45 Substitute Bill No. 1226
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76	76		included in the appropriate totals of votes cast with respect to 46
77	77		candidates for election or nomination and to referendum questions. 47
78	78		(b) In the construction of this section and sections 2 to 9, inclusive, of 48
79	79		this act, words and phrases that are not defined in subsection (a) of this 49
80	80		section, but that are used in the federal Voting Rights Act and 50
81	81		interpreted in relevant case law, including, but not limited to, "political 51
82	82		process" and "prerequisite to voting", shall be construed in a manner 52
83	83		consistent with such usage and interpretation. 53
84	84		Sec. 2. (NEW) (Effective July 1, 2023) (a) (1) No qualification for 54
85	85		eligibility to be an elector in a municipality or other prerequisite to 55
86	86		voting may be imposed, no ordinance, regulation or other law regarding 56
87	87		the administration of elections may be enacted by a municipality, and 57
88	88		no standard, practice, procedure or policy may be applied by a 58
89	89		municipality, in a manner that results in an impairment of the right to 59
90	90		vote for any protected class member. 60
91	91		(2) It shall be a violation of subdivision (1) of this subsection for any 61
92	92		municipality to impose any qualification for eligibility to be an elector 62
93	93		or other prerequisite to voting, to enact any ordinance, regulation or 63
94	94		other law regarding the administration of elections or to apply any 64
95	95		standard, practice, procedure or policy that: 65
96	96		(A) Results or will result in a disparity among such municipality's 66
97	97		protected class members in electoral participation, access to voting 67
98	98		opportunities or ability to participate in the political process; or 68
99	99		(B) Based on the totality of the circumstances, results in an 69
100	100		impairment of the opportunity or ability of such municipality's 70
101	101		protected class members to participate in the political process and elect 71
102	102		candidates of their choice or otherwise influence the outcome of 72
103	103		elections. 73
104	104		(b) (1) No municipality shall employ any method of election for any 74
105	105		office of the municipality that has the effect, or is motivated in part by 75
106	106		the intent, of impairing the opportunity or ability of protected class 76 Substitute Bill No. 1226
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113	113		members to participate in the political process and elect candidates of 77
114	114		their choice or otherwise influence the outcome of municipal elections 78
115	115		as a result of diluting the vote of such protected class members. 79
116	116		(2) (A) The following shall constitute a violation of subdivision (1) of 80
117	117		this subsection: 81
118	118		(i) Any municipality that employs an at-large method of election and 82
119	119		in which (I) racially polarized voting by protected class members occurs, 83
120	120		or (II) based on the totality of the circumstances, the opportunity or 84
121	121		ability of protected class members to elect candidates of their choice or 85
122	122		otherwise influence the outcome of elections is impaired; or 86
123	123		(ii) Any municipality that employs a district-based method of election 87
124	124		or an alternative method of election, in which the candidates or electoral 88
125	125		choices preferred by protected class members would usually be 89
126	126		defeated and in which (I) racially polarized voting by protected class 90
127	127		members occurs, or (II) based on the totality of the circumstances, the 91
128	128		ability of protected class members to participate in the political process 92
129	129		and elect candidates of their choice or otherwise influence the outcome 93
130	130		of elections is impaired. 94
131	131		(B) (i) In determining whether racially polarized voting by protected 95
132	132		class members in a municipality occurs or whether candidates or 96
133	133		electoral choices preferred by protected class members would usually 97
134	134		be defeated, the superior court for the judicial district of Hartford (I) 98
135	135		shall consider elections held prior to the filing of an action pursuant to 99
136	136		this section as more probative than elections conducted after such filing, 100
137	137		(II) shall consider evidence concerning elections for any municipal office 101
138	138		in such municipality as more probative than evidence concerning 102
139	139		elections for other offices, but may still afford probative value to 103
140	140		evidence concerning elections for such other offices, (III) shall consider 104
141	141		statistical evidence as more probative than nonstatistical evidence, (IV) 105
142	142		in the case of claims brought on behalf of two or more protected classes 106
143	143		that are politically cohesive in such municipality, shall combine 107
144	144		members of such protected classes to determine whether voting by such 108 Substitute Bill No. 1226
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151	151		combined protected class members is polarized from other electors and 109
152	152		shall not require evidence that voting by each such protected class's 110
153	153		members is separately polarized from such other electors, and (V) shall 111
154	154		not require evidence concerning the intent of electors, elected officials 112
155	155		or such municipality to discriminate against protected class members. 113
156	156		(ii) Evidence concerning the causes of, or reasons for, the occurrence 114
157	157		of racially polarized voting shall not be deemed relevant to the 115
158	158		determination of whether racially polarized voting by protected class 116
159	159		members in a municipality occurs or whether candidates or electoral 117
160	160		choices preferred by protected class members would usually be 118
161	161		defeated. 119
162	162		(c) (1) In determining whether, based on the totality of the 120
163	163		circumstances, an impairment of the right to vote for any protected class 121
164	164		member, or of the opportunity or ability of protected class members to 122
165	165		participate in the political process and elect candidates of their choice or 123
166	166		otherwise influence the outcome of elections, has occurred, the superior 124
167	167		court for the judicial district of Hartford may consider factors that 125
168	168		include, but are not limited to: (A) The history of discrimination in or 126
169	169		affecting the municipality or state; (B) the extent to which protected class 127
170	170		members have been elected to office in the municipality; (C) the use of 128
171	171		any qualification for eligibility to be an elector or other prerequisite to 129
172	172		voting, any statute, ordinance, regulation or other law regarding the 130
173	173		administration of elections, or any standard, practice, procedure or 131
174	174		policy, by the municipality that may enhance the dilutive effects of a 132
175	175		method of election in such municipality; (D) the extent of any history of 133
176	176		unequal access on the part of protected class members or candidates to 134
177	177		election administration or campaign finance processes that determine 135
178	178		which candidates will receive access to the ballot or financial or other 136
179	179		support in a given election for an office of the municipality; (E) the 137
180	180		extent to which protected class members in the municipality or state 138
181	181		have historically made expenditures, as defined in section 9-601b of the 139
182	182		general statutes, at lower rates than other individuals in such 140
183	183		municipality or state; (F) the extent to which protected class members in 141 Substitute Bill No. 1226
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190	190		the municipality or state vote at lower rates than other electors in the 142
191	191		municipality or state, as applicable; (G) the extent to which protected 143
192	192		class members in the municipality are disadvantaged, or otherwise bear 144
193	193		the effects of public or private discrimination, in areas that may hinder 145
194	194		their ability to participate effectively in the political process, such as 146
195	195		education, employment, health, criminal justice, housing, 147
196	196		transportation, land use or environmental protection; (H) the extent to 148
197	197		which protected class members in the municipality are disadvantaged 149
198	198		in other areas that may hinder their ability to participate effectively in 150
199	199		the political process; (I) the use of overt or subtle racial appeals in 151
200	200		political campaigns in the municipality or surrounding the adoption or 152
201	201		maintenance of a challenged practice; (J) the extent to which candidates 153
202	202		face hostility or barriers while campaigning due to their membership in 154
203	203		a protected class; (K) a significant or recurring lack of responsiveness on 155
204	204		the part of elected officials of the municipality to the particularized 156
205	205		needs of a community or communities of protected class members, 157
206	206		except that compliance with a court order shall not be considered to be 158
207	207		evidence of such responsiveness; and (L) whether the particular method 159
208	208		of election, ordinance, regulation or other law regarding the 160
209	209		administration of elections, standard, practice, procedure or policy was 161
210	210		designed to advance, and does materially advance, a valid and 162
211	211		substantiated state interest. 163
212	212		(2) No particular combination or number of factors under subdivision 164
213	213		(1) of this subsection shall be required for the court to determine the 165
214	214		occurrence of an impairment under this subsection. 166
215	215		(d) Any individual aggrieved by a violation of this section, any 167
216	216		organization whose membership includes individuals aggrieved by 168
217	217		such a violation or the Secretary of the State may file an action alleging 169
218	218		a violation of this section in the superior court for the judicial district of 170
219	219		Hartford. Members of two or more protected classes that are politically 171
220	220		cohesive in a municipality may jointly file such an action in such court. 172
221	221		(e) (1) Notwithstanding any provision of title 9 of the general statutes 173
222	222		and any special act, charter or home rule ordinance, whenever the 174 Substitute Bill No. 1226
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229	229		superior court for the judicial district of Hartford finds a violation by a 175
230	230		municipality of any provision of this section, such court shall order 176
231	231		appropriate remedies that are tailored to address such violation in such 177
232	232		municipality and to ensure protected class members have equitable 178
233	233		opportunities to fully participate in the political process and that can be 179
234	234		implemented in a manner that will not unduly disrupt the 180
235	235		administration of an ongoing or imminent election. Such court shall take 181
236	236		into account the ability of officials who administer elections in such 182
237	237		municipality to implement any change to voting for an ongoing or 183
238	238		imminent election in a manner that is orderly and fiscally sound, and 184
239	239		shall not order any remedy that contravenes the Constitution of 185
240	240		Connecticut. Appropriate remedies may include, but need not be 186
241	241		limited to: (A) A district-based method of election; (B) an alternative 187
242	242		method of election; (C) new or revised districting or redistricting plans; 188
243	243		(D) elimination of staggered elections so that all members of the 189
244	244		legislative body are elected at the same time; (E) reasonably increasing 190
245	245		the size of the legislative body; (F) additional voting days or hours; (G) 191
246	246		additional polling places; (H) additional means of voting, such as voting 192
247	247		by mail, or additional opportunities to return ballots; (I) holding of 193
248	248		special elections; (J) expanded opportunities for admission of electors; 194
249	249		(K) additional elector education; (L) the restoration or addition of 195
250	250		individuals to registry lists; or (M) retaining jurisdiction for such period 196
251	251		of time as the court may deem appropriate, during which period no 197
252	252		qualification for eligibility to be an elector or prerequisite to voting, or 198
253	253		standard, practice or procedure with respect to voting, that is different 199
254	254		from that which was in effect at the time an action under subsection (d) 200
255	255		of this section was commenced shall be enforced unless the court finds 201
256	256		that such qualification, prerequisite, standard, practice or procedure 202
257	257		does not have the purpose, and will not have the effect, of impairing the 203
258	258		right to vote on the basis of protected class membership or in 204
259	259		contravention of the guarantees with respect to such right that are set 205
260	260		forth in sections 1 to 9, inclusive, of this act, provided, in any action 206
261	261		brought pursuant to chapter 149 of the general statutes, any remedy 207
262	262		ordered shall be consistent with the provisions of said chapter. 208
263	263		Notwithstanding the provisions of subparagraph (M) of this 209 Substitute Bill No. 1226
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270	270		subdivision, any such finding by the court shall not be a bar to any 210
271	271		subsequent action to enjoin enforcement of such qualification, 211
272	272		prerequisite, standard, practice or procedure. 212
273	273		(2) Such court may only order a remedy if such remedy will not 213
274	274		impair the ability of protected class members to participate in the 214
275	275		political process and elect their preferred candidates or otherwise 215
276	276		influence the outcome of elections. Such court shall consider remedies 216
277	277		proposed by any parties to an action filed pursuant to subsection (d) of 217
278	278		this section and by other interested persons who are not such parties. 218
279	279		The court shall not give deference or priority to a remedy proposed by 219
280	280		a municipality simply because it has been proposed by suc h 220
281	281		municipality. The court shall have authority to order that a municipality 221
282	282		implement one or more remedies that may be inconsistent with the 222
283	283		provisions of state or municipal law, where such inconsistent provisions 223
284	284		would otherwise preclude the court from ordering an appropriate 224
285	285		remedy. 225
286	286		(f) (1) In the case of any proposal for a municipality to enact and 226
287	287		implement (A) a new method of election to replace such municipality's 227
288	288		at-large method of election with either a district-based method of 228
289	289		election or an alternative method of election, or (B) a new districting or 229
290	290		redistricting plan, the legislative body of such municipality shall act in 230
291	291		accordance with the provisions of subdivision (2) of this subsection if 231
292	292		any such proposal was made after the receipt of a notification letter 232
293	293		described in subsection (g) of this section or after the filing of a claim 233
294	294		pursuant to this section or the federal Voting Rights Act. 234
295	295		(2) (A) Prior to drawing a draft districting or redistricting plan or 235
296	296		plans, or transitioning to a proposed district-based method of election 236
297	297		or alternative method of election, the municipality shall hold at least one 237
298	298		public hearing at which members of the public may provide input 238
299	299		regarding such draft or proposal, including, if applicable, the 239
300	300		composition of districts. Notice of each such hearing shall be published 240
301	301		at least three weeks prior to the date of such hearing. In advance of each 241
302	302		such hearing, the municipality shall conduct outreach to members of the 242 Substitute Bill No. 1226
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309	309		public, including to language minority groups, to explain the districting 243
310	310		or redistricting process and to encourage such input. 244
311	311		(B) After all such draft districting or redistricting plans are drawn, the 245
312	312		municipality shall publish and make available for public dissemination 246
313	313		at least one such plan and include the potential sequence of elections in 247
314	314		the event the members of the legislative body of such municipality 248
315	315		would be elected for staggered terms under such plan. The municipality 249
316	316		shall hold at least one public hearing at which members of the public 250
317	317		may provide input regarding the content of such plan or plans and, if 251
318	318		applicable, such potential sequence of elections. Such plan or plans shall 252
319	319		be published at least three weeks prior to consideration at each such 253
320	320		hearing. If such plan or plans are revised at or following any such 254
321	321		hearing, the municipality shall publish and make available for public 255
322	322		dissemination such revised plan or plans at least two weeks prior to any 256
323	323		adoption of such revised plan or plans. 257
324	324		(g) (1) Prior to filing an action against a municipality pursuant to 258
325	325		subsection (d) of this section, any party described in subsection (d) of 259
326	326		this section shall send by certified mail, return receipt requested, a 260
327	327		notification letter to the clerk of such municipality asserting that such 261
328	328		municipality may be in violation of the provisions of sections 1 to 9, 262
329	329		inclusive, of this act. 263
330	330		(2) (A) No such party may file an action pursuant to this section 264
331	331		earlier than fifty days after sending such notification letter to such 265
332	332		municipality. 266
333	333		(B) Prior to receiving a notification letter, or not later than fifty days 267
334	334		after any such notification letter is sent to a municipality, the legislative 268
335	335		body of such municipality may pass a resolution (i) affirming such 269
336	336		municipality's intention to enact and implement a remedy for a 270
337	337		potential violation of the provisions of sections 1 to 9, inclusive, of this 271
338	338		act, (ii) setting forth specific measures such municipality will take to 272
339	339		facilitate approval and implementation of such a remedy, and (iii) 273
340	340		providing a schedule for the enactment and implementation of such a 274 Substitute Bill No. 1226
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347	347		remedy. No party described in subsection (d) of this section may file an 275
348	348		action pursuant to this section earlier than ninety days after passage of 276
349	349		any such resolution by such legislative body. 277
350	350		(C) If, under the laws of the state or under any charter or home rule 278
351	351		ordinance, the legislative body of a municipality lacks authority to enact 279
352	352		or implement a remedy identified in any such resolution within ninety 280
353	353		days after the passage of such resolution, or if such municipality is a 281
354	354		covered jurisdiction as described in section 5 of this act, such legislative 282
355	355		body may take the following measures upon such passage: 283
356	356		(i) The municipality shall hold at least one public hearing on any 284
357	357		proposal to remedy any potential violation of the provisions of sections 285
358	358		1 to 9, inclusive, of this act, at which members of the public may provide 286
359	359		input regarding any such proposed remedies. In advance of each such 287
360	360		hearing, the municipality shall conduct outreach to members of the 288
361	361		public, including to language minority groups, to encourage such input. 289
362	362		(ii) The legislative body of such municipality may approve any such 290
363	363		proposed remedy that complies with the provisions of sections 1 to 9, 291
364	364		inclusive, of this act and submit such proposed remedy to the Secretary 292
365	365		of the State. 293
366	366		(iii) Notwithstanding any provision of title 9 of the general statutes 294
367	367		and any special act, charter or home rule ordinance, the Secretary of the 295
368	368		State shall, not later than ninety days after submission of such proposed 296
369	369		remedy by such municipality, approve or reject such proposed remedy 297
370	370		in accordance with the provisions of this clause. The Secretary may 298
371	371		require that such municipality or any other party provide additional 299
372	372		information related to the submission of such proposed remedy. The 300
373	373		Secretary may only approve such proposed remedy if the Secretary 301
374	374		concludes (I) such municipality may be in violation of the provisions of 302
375	375		sections 1 to 9, inclusive, of this act, (II) the proposed remedy would 303
376	376		address any such potential violation, (III) the proposed remedy does not 304
377	377		violate the Constitution of Connecticut or any federal law, and (IV) the 305
378	378		proposed remedy can be implemented in a manner that will not unduly 306 Substitute Bill No. 1226
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385	385		disrupt the administration of an ongoing or imminent election. 307
386	386		(iv) Notwithstanding any provision of title 9 of the general statutes 308
387	387		and any special act, charter or home rule ordinance, if the Secretary of 309
388	388		the State approves the proposed remedy, such proposed remedy shall 310
389	389		be enacted and implemented immediately or, if immediate 311
390	390		implementation would unduly disrupt the administration of an ongoing 312
391	391		or imminent election, as soon as possible. If the municipality is a covered 313
392	392		jurisdiction as described in section 5 of this act, such municipality shall 314
393	393		not be required to obtain preclearance for such proposed remedy. The 315
394	394		decision of the Secretary to approve such proposed remedy shall be final 316
395	395		and shall not be subject to review in any court or forum, except as 317
396	396		provided in the Constitution of Connecticut. 318
397	397		(v) If the Secretary of the State denies the proposed remedy, (I) such 319
398	398		proposed remedy shall not be enacted or implemented, (II) the Secretary 320
399	399		shall set forth the reasons for such denial, and (III) the Secretary may 321
400	400		recommend another remedy that the Secretary would approve. The 322
401	401		decision of the Secretary to deny such proposed remedy shall be final 323
402	402		and shall not be subject to review in any court or forum, except as 324
403	403		provided in the Constitution of Connecticut. 325
404	404		(vi) If the Secretary of the State does not approve or reject such 326
405	405		proposed remedy within ninety days after the submission of such 327
406	406		proposed remedy by the municipality, the proposed remedy shall not 328
407	407		be enacted or implemented. The decision of the Secretary to not approve 329
408	408		or to reject such proposed remedy shall be final and shall not be subject 330
409	409		to review in any court or forum, except as provided in the Constitution 331
410	410		of Connecticut. 332
411	411		(D) A municipality that has passed a resolution described in 333
412	412		subparagraph (B) of this subdivision may enter into an agreement with 334
413	413		any party who sent a notification letter described in subdivision (1) of 335
414	414		this subsection providing that such party shall not file an action 336
415	415		pursuant to this section earlier than ninety days after entering into such 337
416	416		agreement. If such party agrees to so enter into such an agreement, such 338 Substitute Bill No. 1226
417	417
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422	422
423	423		agreement shall require that the municipality either enact and 339
424	424		implement a remedy that complies with the provisions of sections 1 to 340
425	425		9, inclusive, of this act or pass such a resolution and submit such 341
426	426		resolution to the Secretary of the State. If such party declines to so enter 342
427	427		into such an agreement, such party may file an action pursuant to this 343
428	428		section at any time. 344
429	429		(E) If, pursuant to the provisions of this subsection, a municipality 345
430	430		enacts or implements a remedy or the Secretary of the State approves a 346
431	431		proposed remedy, a party who sent a notification letter described in 347
432	432		subdivision (1) of this subsection may, not later than thirty days after 348
433	433		such enactment, implementation or approval, submit a claim for 349
434	434		reimbursement from such municipality for the costs associated with 350
435	435		producing and sending such notification letter. Such party shall submit 351
436	436		such claim in writing and substantiate such claim with financial 352
437	437		documentation, including a detailed invoice for any demography 353
438	438		services or analysis of voting patterns in such municipality. Upon 354
439	439		receipt of any such claim, such municipality may request additional 355
440	440		financial documentation if that which has been provided by such party 356
441	441		is insufficient to substantiate such costs. Such municipality shall 357
442	442		reimburse such party for reasonable costs claimed or for an amount to 358
443	443		which such party and such municipality agree, except that the 359
444	444		cumulative amount of any such reimbursements to all such parties other 360
445	445		than the Secretary of the State shall not exceed fifty thousand dollars, 361
446	446		adjusted in accordance with any change in the consumer price index for 362
447	447		all urban consumers as published by the United States Department of 363
448	448		Labor, Bureau of Labor Statistics. If any such party and such 364
449	449		municipality fail to agree to a reimbursement amount, either such party 365
450	450		or such municipality may file an action for a declaratory judgment with 366
451	451		the superior court for the judicial district of Hartford for a clarification 367
452	452		of rights. 368
453	453		(F) (i) Notwithstanding the provisions of this subsection, a party 369
454	454		described in subsection (d) of this section may seek preliminary relief 370
455	455		for a regular election held in a municipality by filing an action pursuant 371 Substitute Bill No. 1226
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461	461
462	462		to this section during the one hundred twenty days prior to such regular 372
463	463		election. Not later than the filing of such action, such party shall send a 373
464	464		notification letter described in subdivision (1) of this subsection to such 374
465	465		municipality. In the event any such action is withdrawn or dismissed as 375
466	466		being moot as a result of such municipality's enactment or 376
467	467		implementation of a remedy, or the approval by the Secretary of the 377
468	468		State of a proposed remedy, any such party may only submit a claim for 378
469	469		reimbursement in accordance with the provisions of subparagraph (E) 379
470	470		of this subdivision. 380
471	471		(ii) In the case of preliminary relief sought pursuant to subparagraph 381
472	472		(F)(i) of this subdivision by a party described in subsection (d) of this 382
473	473		section, the superior court for the judicial district of Hartford shall grant 383
474	474		such relief if such court determines that (I) such party has shown a 384
475	475		substantial likelihood of success on the merits, and (II) it is possible to 385
476	476		implement an appropriate remedy that would resolve the violation 386
477	477		alleged under this section prior to such election in a manner that will 387
478	478		not unduly disrupt such election. 388
479	479		Sec. 3. (NEW) (Effective January 1, 2024) (a) There is established in the 389
480	480		office of the Secretary of the State a state-wide database of information 390
481	481		necessary to assist the state and any municipality in (1) evaluating 391
482	482		whether and to what extent current laws and practices related to 392
483	483		election administration are consistent with the provisions of sections 1 393
484	484		to 9, inclusive, of this act, (2) implementing best practices in election 394
485	485		administration to further the purposes of said sections, and (3) 395
486	486		investigating any potential infringement upon the right to vote. 396
487	487		(b) The Secretary of the State shall designate an employee of the office 397
488	488		of the Secretary of the State to serve as manager of the state-wide 398
489	489		database. Such employee shall possess an advanced degree from an 399
490	490		accredited college or university, or equivalent experience, and have 400
491	491		expertise in demography, statistical analysis and electoral systems. Such 401
492	492		employee shall be responsible for the operation of such state-wide 402
493	493		database and shall manage such staff as is necessary to implement and 403
494	494		maintain such state-wide database. 404 Substitute Bill No. 1226
495	495
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500	500
501	501		(c) The state-wide database shall maintain in electronic format the 405
502	502		following data and records, at a minimum, for no fewer than the prior 406
503	503		twelve years: 407
504	504		(1) Estimates of total population, voting age population and citizen 408
505	505		voting age population by race, color and language minority group, 409
506	506		broken down annually to the voting district level for each municipality, 410
507	507		based on information from the United States Census Bureau, including 411
508	508		from the American Community Survey, or information of comparable 412
509	509		quality collected by a similar governmental agency, and accounting for 413
510	510		population adjustments pursuant to section 9-169h of the general 414
511	511		statutes, as applicable; 415
512	512		(2) Election results at the district level for each state-wide election and 416
513	513		each election in each municipality; 417
514	514		(3) Regularly updated registry lists, geocoded locations for each 418
515	515		elector and elector history files for each election in each municipality; 419
516	516		(4) Contemporaneous maps, descriptions of boundaries and other 420
517	517		similar items, which shall be provided as shapefiles or in a comparable 421
518	518		electronic format if an electronic format is available; 422
519	519		(5) Geocoded locations of polling places and absentee ballot drop 423
520	520		boxes for each election in each municipality, and a list or description of 424
521	521		the voting districts or geographic areas served by each such location; 425
522	522		and 426
523	523		(6) Any other information the Secretary of the State deems advisable 427
524	524		to maintain in furtherance of the purposes of sections 1 to 9, inclusive, 428
525	525		of this act. 429
526	526		(d) Except for any data, information or estimates that identify 430
527	527		individual electors, the data, information or estimates maintained in the 431
528	528		state-wide database shall be published on the Internet web site of the 432
529	529		office of the Secretary of the State and made publicly available in 433
530	530		electronic format at no cost. 434 Substitute Bill No. 1226
531	531
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536	536
537	537		(e) Any estimates prepared pursuant to this section, including 435
538	538		estimates of eligible electors, shall be prepared using the most advanced, 436
539	539		peer-reviewed and validated methodologies. 437
540	540		(f) At the time the Secretary of the State is prepared to commence 438
541	541		administration of the state-wide database established under this section, 439
542	542		the Secretary shall submit a report to the joint standing committee of the 440
543	543		General Assembly having cognizance of matters relating to elections, in 441
544	544		accordance with the provisions of section 11-4a of the general statutes, 442
545	545		certifying such fact. Not later than ninety days after such certification, 443
546	546		and at least annually thereafter, the Secretary shall publish on the 444
547	547		Internet web site of the office of the Secretary of the State (1) a list of each 445
548	548		municipality required under section 4 of this act to provide assistance to 446
549	549		members of language minority groups, and (2) each language in which 447
550	550		such municipalities are so required to provide such assistance. The 448
551	551		Secretary shall also distribute such information to each municipality. 449
552	552		(g) Upon the certification of election results and the completion of the 450
553	553		elector history file after each election, the officials responsible for 451
554	554		administering elections in each municipality shall transmit to the 452
555	555		Secretary of the State, in electronic format, copies of (1) such election 453
556	556		results at the voting district level, (2) updated registry lists, (3) elector 454
557	557		history files, (4) maps, descriptions of boundaries and other similar 455
558	558		items, and (5) lists of polling place and absentee ballot drop box 456
559	559		locations and lists or descriptions of the voting districts or geographic 457
560	560		areas served by such locations. 458
561	561		(h) At least annually or upon the request by the Secretary of the State, 459
562	562		the Criminal Justice Information Systems Governing Board established 460
563	563		under section 54-142q of the general statutes, or any other state entity 461
564	564		identified by the Secretary as possessing data, statistics or other 462
565	565		information that the office of the Secretary of the State requires to carry 463
566	566		out its duties and responsibilities under title 9 of the general statutes, 464
567	567		shall provide to the Secretary such data, statistics or information. 465
568	568		(i) The office of the Secretary of the State may provide nonpartisan 466 Substitute Bill No. 1226
569	569
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574	574
575	575		technical assistance to municipalities, researchers and members of the 467
576	576		public seeking to use the resources of the state-wide database. 468
577	577		(j) In each action filed pursuant to section 2 of this act, there shall be 469
578	578		a rebuttable presumption that the data, estimates or other information 470
579	579		maintained in the state-wide database is valid. 471
580	580		Sec. 4. (NEW) (Effective January 1, 2024) (a) The Secretary of the State 472
581	581		shall designate one or more languages, other than English, for which 473
582	582		assistance in voting and elections shall be provided in a municipality if 474
583	583		the Secretary finds that a significant and substantial need exists for such 475
584	584		assistance. 476
585	585		(b) (1) The Secretary of the State shall find that such significant and 477
586	586		substantial need exists if, based on the best available data, which may 478
587	587		include information from the United States Census Bureau's American 479
588	588		Community Survey, or data of comparable quality collected by a 480
589	589		governmental entity: 481
590	590		(A) More than two per cent of the citizens of voting age of such 482
591	591		municipality, but in no instance fewer than one hundred such citizens, 483
592	592		speak a language other than English and are limited English proficient 484
593	593		individuals; 485
594	594		(B) More than four thousand of the citizens of voting age of such 486
595	595		municipality speak a language other than English and are limited 487
596	596		English proficient individuals; or 488
597	597		(C) In the case of a municipality that contains any part of a Native 489
598	598		American reservation, more than two per cent of the Native American 490
599	599		citizens of voting age within such Native American reservation are 491
600	600		proficient in a language other than English and are limited English 492
601	601		proficient individuals. As used in this subdivision, "Native American" 493
602	602		includes any person recognized by the United States Census Bureau, or 494
603	603		this state, as "American Indian". 495
604	604		(2) As used in this section, "limited English proficient individual" 496 Substitute Bill No. 1226
605	605
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610	610
611	611		means an individual who does not speak English as such individual's 497
612	612		primary language and who speaks, reads or understands the English 498
613	613		language less than "very well", in accordance with United States Census 499
614	614		Bureau data or data of comparable quality collected by a governmental 500
615	615		entity. 501
616	616		(c) Not later than January 15, 2024, and at least annually thereafter, 502
617	617		the Secretary of the State shall publish on the Internet web site of the 503
618	618		office of the Secretary of the State a list of (1) each municipality in which 504
619	619		assistance in voting and elections in a language other than English shall 505
620	620		be provided, and (2) each such language in which such assistance shall 506
621	621		be provided in each such municipality. The Secretary's determinations 507
622	622		under this section shall be effective upon such publication and shall not 508
623	623		be subject to review in any court or forum, except as provided in the 509
624	624		Constitution of Connecticut. The Secretary shall distribute to each 510
625	625		affected municipality the information contained in such list. 511
626	626		(d) Each municipality described in subsection (c) of this section shall 512
627	627		provide assistance in voting and elections, including related materials, 513
628	628		in any language designated by the Secretary of the State under 514
629	629		subsection (a) of this section to electors in such municipality who are 515
630	630		limited English proficient individuals. 516
631	631		(e) Whenever the Secretary of the State determines, pursuant to this 517
632	632		section, that language assistance shall be provided in a municipality, 518
633	633		such municipality shall provide competent assistance in each 519
634	634		designated language and shall provide related materials (1) in English, 520
635	635		and (2) in each designated language, including registration or voting 521
636	636		notices, forms, instructions, assistance, ballots or other materials or 522
637	637		information relating to the electoral process, except that in the case of a 523
638	638		language that is oral or unwritten, including historically unwritten as 524
639	639		may be the case for some Native Americans, such municipality may 525
640	640		provide only oral instructions, assistance or other information relating 526
641	641		to the electoral process in such language. All materials provided in a 527
642	642		designated language shall be of an equal quality to the corresponding 528
643	643		English materials. All provided translations shall convey the intent and 529 Substitute Bill No. 1226
644	644
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649	649
650	650		essential meaning of the original text or communication and shall not 530
651	651		rely solely on any automatic translation service. Whenever available, 531
652	652		language assistance shall also include live translation. 532
653	653		(f) The Secretary of the State shall adopt regulations, in accordance 533
654	654		with the provisions of chapter 54 of the general statutes, to establish a 534
655	655		review process under which the Secretary shall determine whether a 535
656	656		significant and substantial need exists in a municipality for a language 536
657	657		to be designated for the provision of assistance in voting and elections. 537
658	658		Such process shall include, at a minimum, (1) an opportunity for any 538
659	659		elector, organization whose membership includes or is likely to include 539
660	660		electors, organization whose mission would be frustrated by a 540
661	661		municipality's failure to provide such language assistance or 541
662	662		organization that would expend resources in order to fulfill such 542
663	663		organization's mission as a result of such a failure, to request that the 543
664	664		Secretary consider so designating a language in a municipality, (2) an 544
665	665		opportunity for public comment, and (3) that, upon receipt of any such 545
666	666		request and consideration of any such public comment, the Secretary 546
667	667		may, in accordance with the process for making such determination, so 547
668	668		designate any language in a municipality. 548
669	669		(g) Any individual aggrieved by a violation of this section, any 549
670	670		organization whose membership includes individuals aggrieved by 550
671	671		such a violation or the Secretary of the State may file an action alleging 551
672	672		a violation of this section in the superior court for the judicial district of 552
673	673		Hartford. 553
674	674		Sec. 5. (NEW) (Effective January 1, 2025) (a) The enactment or 554
675	675		implementation of a covered policy, as described in subsection (b) of this 555
676	676		section, by a covered jurisdiction, as described in subsection (c) of this 556
677	677		section, shall be subject to preclearance, as described in subsections (e) 557
678	678		and (f) of this section, by the Secretary of the State or the superior court 558
679	679		for the judicial district of Hartford. 559
680	680		(b) A covered policy shall include any new or modified qualification 560
681	681		for admission as an elector, prerequisite to voting or ordinance, 561 Substitute Bill No. 1226
682	682
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687	687
688	688		regulation, standard, practice, procedure or policy concerning: 562
689	689		(1) Districting or redistricting, subject to the provisions of subdivision 563
690	690		(2) of subsection (c) of this section; 564
691	691		(2) Method of election; 565
692	692		(3) Form of government; 566
693	693		(4) Annexation, incorporation, dissolution, consolidation or division 567
694	694		of a municipality; 568
695	695		(5) Removal of individuals from registry lists or enrollment lists and 569
696	696		other activities concerning any such list; 570
697	697		(6) Hours of any polling place, or location or number of polling places 571
698	698		or absentee ballot drop boxes; 572
699	699		(7) Assignment of voting districts to polling place or absentee ballot 573
700	700		drop box locations; 574
701	701		(8) Assistance offered to protected class members; or 575
702	702		(9) Any additional subject matter the Secretary of the State may 576
703	703		identify for inclusion in this subsection, pursuant to a regulation 577
704	704		adopted by the Secretary in accordance with the provisions of chapter 578
705	705		54 of the general statutes, if the Secretary determines that any 579
706	706		qualification for admission as an elector, prerequisite to voting or 580
707	707		ordinance, regulation, standard, practice, procedure or policy 581
708	708		concerning such subject matter may have the effect of diminishing the 582
709	709		right to vote of any protected class member or have the effect of 583
710	710		violating the provisions of sections 1 to 9, inclusive, of this act. A 584
711	711		decision by the Secretary to so identify or to not so identify any 585
712	712		additional subject matter for inclusion in this subsection shall be final 586
713	713		and shall not be subject to review in any court or forum, except as 587
714	714		provided in the Constitution of Connecticut. 588
715	715		(c) (1) A covered jurisdiction includes: 589 Substitute Bill No. 1226
716	716
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721	721
722	722		(A) Any municipality that, within the prior twenty-five years, has 590
723	723		been subject to any court order or government enforcement action based 591
724	724		upon a finding of any violation of the provisions of sections 1 to 9, 592
725	725		inclusive, of this act, the federal Voting Rights Act, any state or federal 593
726	726		civil rights law, the fifteenth amendment to the United States 594
727	727		Constitution or the fourteenth amendment to the United States 595
728	728		Constitution, which violation concerns the right to vote or a pattern, 596
729	729		practice or policy of discrimination against any protected class; 597
730	730		(B) Any municipality that, within the three immediately preceding 598
731	731		years, has failed to comply with such municipality's obligations to 599
732	732		provide data or information to the state-wide database pursuant to 600
733	733		section 3 of this act, except that inadvertent or unavoidable delays in 601
734	734		such compliance, if communicated to the Secretary of the State and 602
735	735		corrected within a reasonable time, shall not constitute such failure; 603
736	736		(C) Any municipality (i) that is not a school district, (ii) that contains 604
737	737		at least one thousand eligible electors of any protected class, or in which 605
738	738		members of any protected class constitute at least ten per cent of the 606
739	739		eligible elector population of such municipality, and (iii) in which, 607
740	740		during the prior ten years, based on data from criminal justice 608
741	741		information systems, as defined in section 54-142q of the general 609
742	742		statutes, the combined misdemeanor and felony arrest rate of any 610
743	743		protected class exceeds the combined misdemeanor and felony arrest 611
744	744		rate of the entire population of such municipality by at least twenty per 612
745	745		cent; 613
746	746		(D) Any municipality (i) that contains at least one thousand eligible 614
747	747		electors of any protected class, or in which members of any protected 615
748	748		class constitute at least ten per cent of the eligible elector population of 616
749	749		such municipality, and (ii) in which, during the prior ten years, the 617
750	750		percentage of electors of any such protected class in such municipality 618
751	751		that participated in any general election for any municipal office is at 619
752	752		least ten percentage points lower than the percentage of all electors in 620
753	753		the municipality that participated in such election; or 621 Substitute Bill No. 1226
754	754
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759	759
760	760		(E) Any municipality that, during the prior ten years, was found to 622
761	761		have enacted or implemented a covered policy without obtaining 623
762	762		preclearance for such covered policy pursuant to the process described 624
763	763		in subparagraph (G) of subdivision (2) of subsection (e) of this section. 625
764	764		(2) A municipality that is a covered jurisdiction under subdivision (1) 626
765	765		of this subsection shall be subject to preclearance for a covered policy 627
766	766		described in subdivision (1) of subsection (b) of this section if, within the 628
767	767		past twenty-five years, such municipality: 629
768	768		(A) Has been subject to three or more court orders or government 630
769	769		enforcement actions based upon a finding of any violation of the 631
770	770		provisions of sections 1 to 9, inclusive, of this act, the federal Voting 632
771	771		Rights Act, any state or federal civil rights law, the fifteenth amendment 633
772	772		to the United States Constitution or the fourteenth amendment to the 634
773	773		United States Constitution, which violation concerns the right to vote or 635
774	774		a pattern, practice or policy of discrimination against any protected 636
775	775		class; or 637
776	776		(B) Has been subject to any such court order or government 638
777	777		enforcement action that concerns districting or redistricting or method 639
778	778		of election. 640
779	779		(d) At least annually, the Secretary of the State shall determine which 641
780	780		municipalities are covered jurisdictions pursuant to subsection (c) of 642
781	781		this section and publish on the Internet web site of the office of the 643
782	782		Secretary of the State a list of such municipalities. A determination of 644
783	783		the Secretary as to coverage under this subsection shall be effective upon 645
784	784		such publication and may be appealed in accordance with the 646
785	785		provisions of chapter 54 of the general statutes, provided any such 647
786	786		appeal taken under section 4-183 of the general statutes shall be in the 648
787	787		superior court for the judicial district of Hartford. Any such appeal shall 649
788	788		be privileged with respect to assignment for trial. 650
789	789		(e) (1) If a covered jurisdiction seeks preclearance from the Secretary 651
790	790		of the State for the adoption or implementation of any covered policy, 652 Substitute Bill No. 1226
791	791
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796	796
797	797		such covered jurisdiction shall submit, in writing, such covered policy 653
798	798		to the Secretary and may obtain such preclearance in accordance with 654
799	799		the provisions of this subsection. 655
800	800		(2) When the Secretary of the State receives any such submission of a 656
801	801		covered policy: 657
802	802		(A) As soon as practicable but not later than ten days after such 658
803	803		receipt, the Secretary shall publish on the Internet web site of the office 659
804	804		of the Secretary of the State such submission of a covered policy. 660
805	805		(B) Members of the public shall have an opportunity to comment on 661
806	806		such published submission within the time period set forth in 662
807	807		subparagraph (I) of this subdivision. For the purposes of facilitating 663
808	808		public comment on any such submission, the Secretary shall allow 664
809	809		members of the public to sign up to receive notifications or alerts 665
810	810		regarding submissions of covered policies for preclearance. 666
811	811		(C) The Secretary shall review such submission and any public 667
812	812		comment thereon, and shall, within the time period set forth in 668
813	813		subparagraph (I) of this subdivision, provide a report and 669
814	814		determination as to whether preclearance of the covered policy should 670
815	815		be granted or denied. Such time period shall run concurrently with the 671
816	816		time period for public comment. 672
817	817		(D) The covered jurisdiction shall bear the burden of proof in any 673
818	818		determination as to preclearance of a covered policy. The Secretary may 674
819	819		request from a covered jurisdiction, at any time during the Secretary's 675
820	820		review, additional information for the purpose of developing the 676
821	821		Secretary's report and determination. Failure of such covered 677
822	822		jurisdiction to timely comply with reasonable requests for such 678
823	823		additional information may constitute grounds for the denial of 679
824	824		preclearance. The Secretary shall publish on the Internet web site of the 680
825	825		office of the Secretary of the State each such report and determination 681
826	826		upon completion thereof. 682
827	827		(E) In any such determination, the Secretary shall state in writing 683 Substitute Bill No. 1226
828	828
829	829
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832	832		23 of 29
833	833
834	834		whether the Secretary is approving or rejecting the covered policy, 684
835	835		provided the Secretary may designate preclearance as "preliminary" and 685
836	836		subsequently approve or deny final preclearance not later than ninety 686
837	837		days after receipt of submission of such covered policy. 687
838	838		(F) (i) The Secretary shall deny preclearance to a submitted covered 688
839	839		policy only if the Secretary determines that (I) such covered policy is 689
840	840		more likely than not to diminish the opportunity or ability of protected 690
841	841		class members to participate in the political process and elect candidates 691
842	842		of their choice or otherwise influence the outcome of elections, or (II) 692
843	843		such covered policy is more likely than not to violate the provisions of 693
844	844		sections 1 to 9, inclusive, of this act. 694
845	845		(ii) For any such denial, the Secretary shall interpose objections 695
846	846		explaining the Secretary's basis for such denial, and the covered policy 696
847	847		shall not be enacted or implemented. 697
848	848		(G) If the Secretary grants preclearance to a submitted covered policy, 698
849	849		the covered jurisdiction may immediately enact or implement such 699
850	850		covered policy. A determination by the Secretary to so grant 700
851	851		preclearance shall not be admissible in, or otherwise considered by, a 701
852	852		court in any subsequent action challenging such covered policy. 702
853	853		(H) If the Secretary fails to deny or grant preclearance to a submitted 703
854	854		covered policy within the time period set forth in subparagraph (I) of 704
855	855		this subdivision, such covered policy shall be deemed precleared and 705
856	856		the covered jurisdiction may enact or implement such covered policy. 706
857	857		(I) The time periods for review by the Secretary of the State of any 707
858	858		submitted covered policy, for public comment and for any 708
859	859		determination of the Secretary to grant or deny preclearance to such 709
860	860		covered policy shall be as follows: 710
861	861		(i) For any covered policy concerning the location of polling places or 711
862	862		absentee ballot drop boxes, (I) the time period for public comment shall 712
863	863		be ten business days, and (II) the time period in which the Secretary shall 713
864	864		review the covered policy, including any public comment thereon, and 714 Substitute Bill No. 1226
865	865
866	866
867	867		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01226-
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869	869		24 of 29
870	870
871	871		make a determination to grant or deny preclearance to such covered 715
872	872		policy, shall be not more than thirty days after the receipt of the 716
873	873		submission of such covered policy, except that the Secretary may invoke 717
874	874		an extension of not more than twenty days to make any determination 718
875	875		under subparagraph (I)(i)(II) of this subdivision; and 719
876	876		(ii) For any other covered policy, (I) the time period for public 720
877	877		comment shall be ten business days, except that, for any covered policy 721
878	878		that concerns the implementation of a district-based method of election 722
879	879		or an alternative method of election, districting or redistricting plans or 723
880	880		a change to a municipality's form of government, such time period shall 724
881	881		be twenty business days, and (II) the time period in which the Secretary 725
882	882		shall review such other covered policy, including any public comment 726
883	883		thereon, and make a determination to grant or deny preclearance to 727
884	884		such other covered policy, shall be not more than ninety days after the 728
885	885		receipt of the submission of such other covered policy, except that the 729
886	886		Secretary may invoke up to two extensions of not more than ninety days 730
887	887		apiece to make any determination under subparagraph (I)(ii)(II) of this 731
888	888		subdivision. 732
889	889		(J) The Secretary of the State may adopt regulations, in accordance 733
890	890		with the provisions of chapter 54 of the general statutes, to establish an 734
891	891		expedited, emergency preclearance process under which the Secretary 735
892	892		may address covered policies that are submitted during or immediately 736
893	893		preceding an election as a result of any attack, disaster, emergency or 737
894	894		other exigent circumstance. Any preclearance granted pursuant to the 738
895	895		regulations adopted under this subparagraph shall be designated 739
896	896		"preliminary" and the Secretary may subsequently approve or deny 740
897	897		final preclearance not later than ninety days after receipt of submission 741
898	898		of such covered policy. 742
899	899		(K) Any denial of preclearance under this subdivision may be 743
900	900		appealed in accordance with the provisions of chapter 54 of the general 744
901	901		statutes, provided any such appeal taken under section 4-183 of the 745
902	902		general statutes shall be in the superior court for the judicial district of 746
903	903		Hartford. Any such appeal shall be privileged with respect to 747 Substitute Bill No. 1226
904	904
905	905
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908	908		25 of 29
909	909
910	910		assignment for trial. 748
911	911		(f) (1) If a covered jurisdiction seeks preclearance from the superior 749
912	912		court for the judicial district of Hartford for the adoption or 750
913	913		implementation of any covered policy, in lieu of seeking such 751
914	914		preclearance from the Secretary of the State pursuant to subsection (e) 752
915	915		of this section, such covered jurisdiction shall submit, in writing, such 753
916	916		covered policy to such court and may obtain such preclearance in 754
917	917		accordance with the provisions of this subsection, provided (A) such 755
918	918		covered jurisdiction shall also contemporaneously transmit to the 756
919	919		Secretary of the State a copy of such submission, and (B) failure to so 757
920	920		provide such copy shall result in an automatic denial of such 758
921	921		preclearance. Notwithstanding the transmission to the Secretary of a 759
922	922		copy of any such submission, the court shall exercise exclusive 760
923	923		jurisdiction over such submission. The covered jurisdiction shall bear 761
924	924		the burden of proof in the court's determination as to preclearance. 762
925	925		(2) The court shall grant or deny preclearance not later than ninety 763
926	926		days after the receipt of submission of a covered policy. 764
927	927		(3) The court shall deny preclearance to a submitted covered policy 765
928	928		only if such court determines that (A) such covered policy is more likely 766
929	929		than not to diminish the opportunity or ability of protected class 767
930	930		members to participate in the political process and elect candidates of 768
931	931		their choice or otherwise influence the outcome of elections, or (B) such 769
932	932		covered policy is more likely than not to violate the provisions of 770
933	933		sections 1 to 9, inclusive, of this act. 771
934	934		(4) If the court grants preclearance to such covered policy, the covered 772
935	935		jurisdiction may immediately enact or implement such covered policy. 773
936	936		A determination by the court to grant preclearance to a covered policy 774
937	937		shall not be admissible in, or otherwise considered by, a court in any 775
938	938		subsequent action challenging such covered policy. 776
939	939		(5) If the court denies preclearance to a covered policy, or fails to 777
940	940		make a determination within ninety days of receipt of submission of 778 Substitute Bill No. 1226
941	941
942	942
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945	945		26 of 29
946	946
947	947		such covered policy, such covered policy shall not be enacted or 779
948	948		implemented. 780
949	949		(6) Any denial of preclearance under this subsection may be appealed 781
950	950		in accordance with the ordinary rules of appellate procedure. Any 782
951	951		action brought pursuant to this subsection shall be privileged with 783
952	952		respect to assignment for trial or appeal, as applicable, including 784
953	953		expedited pretrial and other proceedings. 785
954	954		(g) If any covered jurisdiction enacts or implements any covered 786
955	955		policy without obtaining preclearance for such covered policy in 787
956	956		accordance with the provisions of this section, the Secretary of the State 788
957	957		or any party described in subsection (d) of section 2 of this act may file 789
958	958		an action in the superior court for the judicial district of Hartford to 790
959	959		enjoin such enactment or implementation and seek sanctions against 791
960	960		such covered jurisdiction for violations of this section. 792
961	961		(h) The Secretary of the State may adopt regulations, in accordance 793
962	962		with the provisions of chapter 54 of the general statutes, to effectuate the 794
963	963		purposes of this section. Any estimates prepared for the purpose of 795
964	964		identifying covered jurisdictions under this section, including estimates 796
965	965		of eligible electors, shall be prepared using the most advanced, peer-797
966	966		reviewed and validated methodologies. 798
967	967		Sec. 6. (NEW) (Effective July 1, 2023) (a) Notwithstanding the 799
968	968		provisions of chapter 151 of the general statutes, a person, whether 800
969	969		acting under color of law or otherwise, shall not engage in acts of 801
970	970		intimidation, deception or obstruction that interfere with any elector's 802
971	971		right to vote. 803
972	972		(b) A violation of subsection (a) of this section includes, but is not 804
973	973		limited to, the following: 805
974	974		(1) Any person who uses or threatens to use any force, violence, 806
975	975		restraint, abduction or duress, who inflicts or threatens to inflict any 807
976	976		injury, damage, harm or loss or who by any other conduct practices 808
977	977		intimidation that causes or will reasonably have the effect of causing 809 Substitute Bill No. 1226
978	978
979	979
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982	982		27 of 29
983	983
984	984		interference with any elector's right to vote; 810
985	985		(2) Any person who knowingly uses any deceptive or fraudulent 811
986	986		device, contrivance or communication that causes or will reasonably 812
987	987		have the effect of causing interference with any elector's right to vote; or 813
988	988		(3) Any person who obstructs, impedes or otherwise interferes with 814
989	989		access to any polling place or absentee ballot drop box or any office or 815
990	990		place of business of an election official or who obstructs, impedes or 816
991	991		otherwise interferes with any elector or election official in a manner that 817
992	992		causes or will reasonably have the effect of causing interference with 818
993	993		any elector's right to vote or any delay in voting or the voting process. 819
994	994		(c) (1) Any individual aggrieved by a violation of this section or any 820
995	995		organization whose membership includes individuals aggrieved by 821
996	996		such a violation may file an action alleging a violation of this section in 822
997	997		the superior court for the judicial district of Hartford. Such an action 823
998	998		may be filed irrespective of any action that may be filed by the State 824
999	999		Elections Enforcement Commission, the Attorney General or the State's 825
1000	1000		Attorney as a result of such a violation. 826
1001	1001		(2) In any action brought pursuant to subdivision (1) of this 827
1002	1002		subsection, the complainant shall file a certification attached to the 828
1003	1003		complaint indicating that (A) a copy of such complaint has been sent by 829
1004	1004		first-class mail or delivered to the State Elections Enforcement 830
1005	1005		Commission, or (B) a copy of such complaint will be so sent or delivered 831
1006	1006		not later than the following business day. 832
1007	1007		(d) (1) Notwithstanding any provision of title 9 of the general statutes 833
1008	1008		and any special act, charter or home rule ordinance, whenever such 834
1009	1009		court finds a violation of any provision of this section, such court shall 835
1010	1010		order appropriate remedies that are tailored to address such violation, 836
1011	1011		including, but not limited to, providing for additional time to vote at an 837
1012	1012		election, primary or referendum. 838
1013	1013		(2) Any person who violates the provisions of this section, or who 839
1014	1014		aids in the violation of any of such provisions, shall be liable for any 840 Substitute Bill No. 1226
1015	1015
1016	1016
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1019	1019		28 of 29
1020	1020
1021	1021		damages awarded by such court, including, but not limited to, nominal 841
1022	1022		damages for any such violation and compensatory or punitive damages 842
1023	1023		for any such wilful violation. 843
1024	1024		Sec. 7. (NEW) (Effective July 1, 2023) Any provision of the general 844
1025	1025		statutes, regulation adopted thereunder, special act, charter, home rule 845
1026	1026		ordinance or other state or municipal enactment relating to the right to 846
1027	1027		vote shall be construed liberally in favor of (1) protecting the right to 847
1028	1028		cast a ballot and make such ballot effective, (2) ensuring that qualified 848
1029	1029		individuals seeking to be admitted as electors are not impaired in being 849
1030	1030		so admitted, (3) ensuring electors are not impaired in voting, including, 850
1031	1031		but not limited to, having their votes counted, (4) making the 851
1032	1032		fundamental right to vote more accessible to qualified individuals, and 852
1033	1033		(5) ensuring equitable access for protected class members to 853
1034	1034		opportunities to be admitted as electors and to vote. 854
1035	1035		Sec. 8. (NEW) (Effective July 1, 2023) Nothing in the provisions of 855
1036	1036		sections 1 to 7, inclusive, of this act shall be construed to affect the 856
1037	1037		powers and duties of (1) the State Elections Enforcement Commission to 857
1038	1038		attempt to secure voluntary compliance relating to any election, primary 858
1039	1039		or referendum or pursue any other remedy authorized under sections 859
1040	1040		9-7a and 9-7b of the general statutes, or (2) the Commission on Human 860
1041	1041		Rights and Opportunities, as provided in chapter 814c of the general 861
1042	1042		statutes. 862
1043	1043		Sec. 9. (NEW) (Effective July 1, 2023) In any action to enforce the 863
1044	1044		provisions of sections 1 to 7, inclusive, of this act, the court shall award 864
1045	1045		reasonable attorneys' fees and litigation costs, including, but not limited 865
1046	1046		to, expert witness fees and expenses, to the party that filed such action, 866
1047	1047		other than the state or any municipality, and that prevailed in such 867
1048	1048		action. The party that filed such action shall be deemed to have 868
1049	1049		prevailed when, as a result of litigation, the party against whom such 869
1050	1050		action was filed has yielded much or all of the relief sought in such 870
1051	1051		action. In the case of a party against whom such action was filed and 871
1052	1052		who prevailed in such action, the court shall not award such party any 872
1053	1053		costs unless such court finds such action to be frivolous, unreasonable 873 Substitute Bill No. 1226
1054	1054
1055	1055
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1058	1058		29 of 29
1059	1059
1060	1060		or without foundation. 874
1061	1061		This act shall take effect as follows and shall amend the following
1062	1062		sections:
1063	1063
1064	1064		Section 1 July 1, 2023 New section
1065	1065		Sec. 2 July 1, 2023 New section
1066	1066		Sec. 3 January 1, 2024 New section
1067	1067		Sec. 4 January 1, 2024 New section
1068	1068		Sec. 5 January 1, 2025 New section
1069	1069		Sec. 6 July 1, 2023 New section
1070	1070		Sec. 7 July 1, 2023 New section
1071	1071		Sec. 8 July 1, 2023 New section
1072	1072		Sec. 9 July 1, 2023 New section
1073	1073
1074	1074
1075	1075		GAE Joint Favorable Subst.
1076	1076		APP Joint Favorable
1077		-	JUD Joint Favorable
1078	1077