Sec. 9-368i. Definitions. Construction of certain words and phrases.
Sec. 9-368o. Construction of laws in favor of protecting voting rights.
Sec. 9-368q. Awarding of attorney's fees and litigation costs.
Sec. 9-368i. Definitions. Construction of certain words and phrases. (a) As used in this section and sections 9-368j to 9-368q, inclusive:
(1) “Alternative method of election” means a method of electing candidates to the legislative body of a municipality other than an at-large method of election or a district-based method of election, and includes, but is not limited to, proportional ranked-choice voting, cumulative voting and limited voting;
(2) (A) “At-large method of election” means a method of electing candidates to the legislative body of a municipality in which such candidates are voted upon by all electors of such municipality;
(B) “At-large method of election” does not include any alternative method of election;
(3) “District-based method of election” means a method of electing candidates to the legislative body of a municipality in which, for municipalities divided into districts, a candidate for any such district is required to reside in such district and candidates representing or seeking to represent such district are voted upon by only the electors of such district;
(4) “Federal Voting Rights Act” means the federal Voting Rights Act of 1965, 52 USC 10301 et seq., as amended from time to time;
(5) “Government enforcement action” means any denial of administrative or judicial preclearance by the state or federal government, pending litigation filed by a state or federal entity, final judgment or adjudication, consent decree or other similar formal action;
(6) “Legislative body” means the board of aldermen, council, board of burgesses, representative town meeting, board of education, district committee, association committee or other similar body, as applicable, of a municipality;
(7) “Municipality” or “municipal” means any town, city or borough, whether consolidated or unconsolidated, any local or regional school district, any district, as defined in section 7-324 or any other district authorized under the general statutes;
(8) “Organization” means a person other than an individual;
(9) “Protected class” means a class of citizens who are members of a race, color or language minority group, as referenced in the federal Voting Rights Act;
(10) “Divergent voting patterns” means voting in which the candidate or electoral choice preferred by protected class members diverges from the candidate or electoral choice preferred by electors who are not protected class members; and
(11) “Vote” or “voting” includes any action necessary to cast a ballot and make such ballot effective in any election or primary, including, but not limited to, admission as an elector, application for an absentee ballot and any other action required by law as a prerequisite to casting a ballot and having such ballot counted, canvassed or certified properly and included in the appropriate totals of votes cast with respect to candidates for election or nomination and to referendum questions.
(b) In the construction of this section and sections 9-368j to 9-368q, inclusive, words and phrases that are not defined in subsection (a) of this section, but that are used in the federal Voting Rights Act and interpreted in relevant case law, including, but not limited to, “political process” and “prerequisite to voting”, shall be construed in a manner consistent with such usage and interpretation.
(P.A. 23-204, S. 410.)
History: P.A. 23-204 effective July 1, 2023.
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Sec. 9-368j. Prohibition against impairment of right to vote for protected class members. Prohibition against impairment of ability or opportunity to participate in political process as a result of vote dilution of protected class members. Judicial considerations in actions filed by aggrieved party. Court orders of appropriate remedies. Notification letter to municipality. Proposed remedy and approval or disapproval by Secretary. (a)(1) No qualification for eligibility to be an elector in a municipality or other prerequisite to voting may be imposed, no ordinance, regulation or other law regarding the administration of elections may be enacted by a municipality, and no standard, practice, procedure or policy may be applied by a municipality, in a manner that results in an impairment of the right to vote for any protected class member.
(2) It shall be a violation of subdivision (1) of this subsection for any municipality to impose any qualification for eligibility to be an elector or other prerequisite to voting, to enact any ordinance, regulation or other law regarding the administration of elections or to apply any standard, practice, procedure or policy that:
(A) Results or will result in a disparity between such municipality's protected class members and the other members of such municipality's electorate in electoral participation, access to voting opportunities or ability to participate in the political process; or
(B) Based on the totality of the circumstances, results in an impairment of the opportunity or ability of such municipality's protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections.
(b) (1) No municipality shall employ any method of election for any office of the municipality that has the effect, or is motivated in part by the intent, of impairing the opportunity or ability of protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of municipal elections as a result of diluting the vote of such protected class members.
(2) (A) The following shall constitute a violation of subdivision (1) of this subsection:
(i) Any municipality that employs an at-large method of election, in which the candidates or electoral choices preferred by protected class members would usually be defeated and in which (I) divergent voting patterns occur and such at-large method of election results in a dilutive effect on the vote of protected class members, or (II) based on the totality of the circumstances, the opportunity or ability of protected class members to elect candidates of their choice or otherwise influence the outcome of elections is impaired; or
(ii) Any municipality that employs a district-based method of election or an alternative method of election, in which the candidates or electoral choices preferred by protected class members would usually be defeated and in which (I) divergent voting patterns occur and such district-based or alternative method of election results in a dilutive effect on the vote of protected class members, or (II) based on the totality of the circumstances, the ability of protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections is impaired.
(B) (i) In determining whether divergent voting patterns occur in a municipality or whether a method of election in such municipality results in a dilutive effect on the vote of protected class members, the superior court for the judicial district in which such municipality is located (I) shall consider elections held prior to the filing of an action pursuant to this section as more probative than elections conducted after such filing, (II) shall consider evidence concerning elections for any municipal office in such municipality as more probative than evidence concerning elections for other offices, but may still afford probative value to evidence concerning elections for such other offices, (III) shall consider statistical evidence as more probative than nonstatistical evidence, (IV) in the case of claims brought on behalf of two or more protected classes that are politically cohesive in such municipality, shall combine members of such protected classes to determine whether voting by such combined protected class members is divergent from other electors and shall not require evidence that voting by each such protected class's members is separately divergent from such other electors, and (V) shall not require evidence concerning the intent of electors, elected officials or such municipality to discriminate against protected class members.
(ii) Evidence concerning the causes of, or reasons for, the occurrence of divergent voting patterns shall not be deemed relevant to the determination of whether divergent voting patterns occur or whether a method of election results in a dilutive effect on the vote of protected class members.
(c) (1) In determining whether, based on the totality of the circumstances, an impairment of the right to vote for any protected class member in a municipality, or of the opportunity or ability of protected class members in a municipality to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections, has occurred, the superior court for the judicial district in which such municipality is located may consider factors that include, but are not limited to: (A) The history of discrimination in or affecting the municipality or state; (B) the extent to which protected class members have been elected to office in the municipality; (C) the use of any qualification for eligibility to be an elector or other prerequisite to voting, any statute, ordinance, regulation or other law regarding the administration of elections, or any standard, practice, procedure or policy, by the municipality that may enhance the dilutive effects of a method of election in such municipality; (D) the extent of any history of unequal access on the part of protected class members or candidates to election administration or campaign finance processes that determine which candidates will receive access to the ballot or financial or other support in a given election for an office of the municipality; (E) the extent to which protected class members in the municipality or state have historically made expenditures, as defined in section 9-601b, at lower rates than other individuals in such municipality or state; (F) the extent to which protected class members in the municipality or state vote at lower rates than other electors in the municipality or state, as applicable; (G) the extent to which protected class members in the municipality are disadvantaged, or otherwise bear the effects of public or private discrimination, in areas that may hinder their ability to participate effectively in the political process, such as education, employment, health, criminal justice, housing, transportation, land use or environmental protection; (H) the extent to which protected class members in the municipality are disadvantaged in other areas that may hinder their ability to participate effectively in the political process; (I) the use of overt or subtle racial appeals in political campaigns in the municipality or surrounding the adoption or maintenance of a challenged practice; (J) the extent to which candidates face hostility or barriers while campaigning due to their membership in a protected class; (K) a significant or recurring lack of responsiveness on the part of elected officials of the municipality to the particularized needs of a community or communities of protected class members, except that compliance with a court order shall not be considered to be evidence of such responsiveness; and (L) whether the particular method of election, ordinance, regulation or other law regarding the administration of elections, standard, practice, procedure or policy was designed to advance, and does materially advance, a valid state interest.
(2) No particular combination or number of factors under subdivision (1) of this subsection shall be required for the court to determine the occurrence of an impairment under this subsection.
(d) Any individual aggrieved by a violation of this section, any organization whose membership includes individuals aggrieved by such a violation or the Secretary of the State may file an action alleging a violation of this section in the superior court for the judicial district in which such violation has occurred. Members of two or more protected classes that are politically cohesive in a municipality may jointly file such an action in such court.
(e) (1) Notwithstanding any provision of this title and any special act, charter or home rule ordinance, whenever the superior court for a judicial district finds a violation by a municipality within such judicial district of any provision of this section, such court shall order appropriate remedies that are tailored to address such violation in such municipality and to ensure protected class members have equitable opportunities to fully participate in the political process and that can be implemented in a manner that will not unduly disrupt the administration of an ongoing or imminent election. Such court shall take into account the ability of officials who administer elections in such municipality to implement any change to voting for an ongoing or imminent election in a manner that is orderly and fiscally sound, and shall not order any remedy that contravenes the Constitution of Connecticut. Appropriate remedies may include, but need not be limited to: (A) A district-based method of election; (B) an alternative method of election; (C) new or revised districting or redistricting plans; (D) elimination of staggered elections so that all members of the legislative body are elected at the same time; (E) reasonably increasing the size of the legislative body; (F) additional voting days or hours; (G) additional polling places; (H) additional means of voting, such as voting by mail, or additional opportunities to return ballots; (I) holding of special elections; (J) expanded opportunities for admission of electors; (K) additional elector education; (L) the restoration or addition of individuals to registry lists; or (M) retaining jurisdiction for such period of time as the court may deem appropriate, during which period no qualification for eligibility to be an elector or prerequisite to voting, or standard, practice or procedure with respect to voting, that is different from that which was in effect at the time an action under subsection (d) of this section was commenced shall be enforced unless the court finds that such qualification, prerequisite, standard, practice or procedure does not have the purpose, and will not have the effect, of impairing the right to vote on the basis of protected class membership or in contravention of the guarantees with respect to such right that are set forth in sections 9-368j to 9-368q, inclusive, provided, in any action brought pursuant to chapter 149, any remedy ordered shall be consistent with the provisions of said chapter. Notwithstanding the provisions of subparagraph (M) of this subdivision, any such finding by the court shall not be a bar to any subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice or procedure.
(2) Such court may only order a remedy if such remedy will not impair the ability of protected class members to participate in the political process and elect their preferred candidates or otherwise influence the outcome of elections. Such court shall consider remedies proposed by any parties to an action filed pursuant to subsection (d) of this section and by other interested persons who are not such parties. The court shall not give deference or priority to a remedy proposed by a municipality simply because it has been proposed by such municipality. The court shall have authority to order that a municipality implement one or more remedies that may be inconsistent with the provisions of any municipal law or of any special act relating to the conduct of elections, where such inconsistent provisions would otherwise preclude the court from ordering an appropriate remedy.
(f) (1) In the case of any proposal for a municipality to enact and implement (A) a new method of election to replace such municipality's at-large method of election with either a district-based method of election or an alternative method of election, or (B) a new districting or redistricting plan, the legislative body of such municipality shall act in accordance with the provisions of subdivision (2) of this subsection if any such proposal was made after the receipt of a notification letter described in subsection (g) of this section or after the filing of a claim pursuant to this section or the federal Voting Rights Act.
(2) (A) Prior to drawing a draft districting or redistricting plan or plans, or transitioning to a proposed district-based method of election or alternative method of election, the municipality shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal, including, if applicable, the composition of districts. Notice of each such hearing shall be published at least three weeks prior to the date of such hearing. In advance of each such hearing, the municipality shall conduct outreach to members of the public, including to language minority groups, to explain the districting or redistricting process and to encourage such input.
(B) After all such draft districting or redistricting plans are drawn, the municipality shall publish and make available for public dissemination at least one such plan and include the potential sequence of elections in the event the members of the legislative body of such municipality would be elected for staggered terms under such plan. The municipality shall hold at least one public hearing at which members of the public may provide input regarding the content of such plan or plans and, if applicable, such potential sequence of elections. Such plan or plans shall be published at least three weeks prior to consideration at each such hearing. If such plan or plans are revised at or following any such hearing, the municipality shall publish and make available for public dissemination such revised plan or plans at least two weeks prior to any adoption of such revised plan or plans.
(g) (1) Prior to filing an action against a municipality pursuant to subsection (d) of this section, any party described in subsection (d) of this section shall send by certified mail, return receipt requested, a notification letter to the clerk of such municipality asserting that such municipality may be in violation of the provisions of sections 9-368j to 9-368q, inclusive.
(2) (A) No such party may file an action pursuant to this section earlier than fifty days after sending such notification letter to such municipality.
(B) Prior to receiving a notification letter, or not later than fifty days after any such notification letter is sent to a municipality, the legislative body of such municipality may pass a resolution (i) affirming such municipality's intention to enact and implement a remedy for a potential violation of the provisions of sections 9-368j to 9-368q, inclusive, (ii) setting forth specific measures such municipality will take to facilitate approval and implementation of such a remedy, and (iii) providing a schedule for the enactment and implementation of such a remedy. No party described in subsection (d) of this section may file an action pursuant to this section earlier than ninety days after passage of any such resolution by such legislative body.
(C) If, under the laws of the state or under any charter or home rule ordinance, the legislative body of a municipality lacks authority to enact or implement a remedy identified in any such resolution within ninety days after the passage of such resolution, or if such municipality is a covered jurisdiction as described in section 9-368m, such legislative body shall take the following measures upon such passage:
(i) The municipality shall hold at least one public hearing on any proposal to remedy any potential violation of the provisions of sections 9-368j to 9-368q, inclusive, at which members of the public may provide input regarding any such proposed remedies. In advance of each such hearing, the municipality shall conduct outreach to members of the public, including to language minority groups, to encourage such input.
(ii) The legislative body of such municipality may approve any such proposed remedy that complies with the provisions of sections 9-368j to 9-368q, inclusive, and submit such proposed remedy to the Secretary of the State.
(iii) Notwithstanding any provision of this title and any special act, charter or home rule ordinance, the Secretary of the State shall, not later than ninety days after submission of such proposed remedy by such municipality, approve or reject such proposed remedy in accordance with the provisions of this clause. The Secretary may require that such municipality or any other party provide additional information related to the submission of such proposed remedy. The Secretary may only approve such proposed remedy if the Secretary concludes (I) such municipality may be in violation of the provisions of sections 9-368j to 9-368q, inclusive, (II) the proposed remedy would address any such potential violation, (III) the proposed remedy does not violate the Constitution of Connecticut or any federal law, and (IV) the proposed remedy can be implemented in a manner that will not unduly disrupt the administration of an ongoing or imminent election.
(iv) Notwithstanding any provision of this title and any special act, charter or home rule ordinance, if the Secretary of the State approves the proposed remedy, such proposed remedy shall be enacted and implemented immediately or, if immediate implementation would unduly disrupt the administration of an ongoing or imminent election, as soon as possible. If the municipality is a covered jurisdiction as described in section 9-368m, such municipality shall not be required to obtain preclearance for such proposed remedy.
(v) If the Secretary of the State denies the proposed remedy, (I) such proposed remedy shall not be enacted or implemented, (II) the Secretary shall set forth the reasons for such denial, and (III) the Secretary may recommend another remedy that the Secretary would approve.
(vi) If the Secretary of the State does not approve or reject such proposed remedy within ninety days after the submission of such proposed remedy by the municipality, the proposed remedy shall not be enacted or implemented.
(D) A municipality that has passed a resolution described in subparagraph (B) of this subdivision may enter into an agreement with any party who sent a notification letter described in subdivision (1) of this subsection providing that such party shall not file an action pursuant to this section earlier than ninety days after entering into such agreement. If such party agrees to so enter into such an agreement, such agreement shall require that the municipality either enact and implement a remedy that complies with the provisions of sections 9-368j to 9-368q, inclusive, or pass such a resolution and submit such resolution to the Secretary of the State. If such party declines to so enter into such an agreement, such party may file an action pursuant to this section at any time, subject to the provisions of subparagraph (A) of this subdivision.
(E) If, pursuant to the provisions of this subsection, a municipality enacts or implements a remedy or the Secretary of the State approves a proposed remedy, a party who sent a notification letter described in subdivision (1) of this subsection regarding a potential violation that is related to such remedy may, not later than thirty days after such enactment, implementation or approval, submit a claim for reimbursement from such municipality for the costs associated with producing and sending such notification letter. Such party shall submit such claim in writing and substantiate such claim with financial documentation, including a detailed invoice for any demography services or analysis of voting patterns in such municipality. Upon receipt of any such claim, such municipality may request additional financial documentation if that which has been provided by such party is insufficient to substantiate such costs. Such municipality shall reimburse such party for reasonable costs claimed or for an amount to which such party and such municipality agree, except that the cumulative amount of any such reimbursements to all such parties other than the Secretary of the State shall not exceed fifty thousand dollars, adjusted in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics. If any such party and such municipality fail to agree to a reimbursement amount, either such party or such municipality may file an action for a declaratory judgment with the superior court for the judicial district in which such municipality is located for a clarification of rights.
(F) (i) Notwithstanding the provisions of this subsection, a party described in subsection (d) of this section may seek preliminary relief for a regular election held in a municipality by filing an action pursuant to this section during the one hundred twenty days prior to such regular election. Not later than the filing of such action, such party shall send a notification letter described in subdivision (1) of this subsection to such municipality. In the event any such action is withdrawn or dismissed as being moot as a result of such municipality's enactment or implementation of a remedy, or the approval by the Secretary of the State of a proposed remedy, any such party may only submit a claim for reimbursement in accordance with the provisions of subparagraph (E) of this subdivision.
(ii) In the case of preliminary relief sought pursuant to subparagraph (F)(i) of this subdivision by a party described in subsection (d) of this section, the superior court for the judicial district in which such municipality is located shall grant such relief if such court determines that (I) such party has shown a substantial likelihood of success on the merits, and (II) it is possible to implement an appropriate remedy that would resolve the violation alleged under this section prior to such election in a manner that will not unduly disrupt such election.
(P.A. 23-204, S. 411.)
History: P.A. 23-204 effective July 1, 2023.
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Sec. 9-368k. State-wide database. Office of the Secretary to manage. Data, information and estimates to be maintained. Rebuttable presumption that data, information and estimates are valid. (a) The Secretary of the State shall establish a state-wide database of information necessary to assist the state and any municipality in (1) evaluating whether and to what extent current laws and practices related to election administration are consistent with the provisions of sections 9-368j to 9-368q, inclusive, (2) implementing best practices in election administration to further the purposes of said sections, and (3) investigating any potential infringement upon the right to vote. The Secretary may enter into an agreement with The University of Connecticut or a member of the Connecticut State University System to perform or assist in performing the functions described in this section.
(b) The Secretary of the State shall designate an employee of the office of the Secretary of the State to serve as manager of the state-wide database. Such employee shall possess an advanced degree from an accredited college or university, or equivalent experience, and have expertise in demography, statistical analysis and electoral systems. Such employee shall be responsible for the operation of such state-wide database and shall manage such staff as is necessary to implement and maintain such state-wide database.
(c) The state-wide database shall maintain in electronic format the following data and records, at a minimum, for no fewer than the prior twelve years:
(1) Estimates of total population, voting age population and citizen voting age population by race, color and language minority group, broken down annually to the voting district level for each municipality, based on information from the United States Census Bureau, including from the American Community Survey, or information of comparable quality collected by a similar governmental agency, and accounting for population adjustments pursuant to section 9-169h, as applicable;
(2) Election results at the district level for each state-wide election and each election in each municipality;
(3) Regularly updated registry lists, geocoded locations for each elector and elector history files for each election in each municipality;
(4) Contemporaneous maps, descriptions of boundaries and other similar items, which shall be provided as shapefiles or in a comparable electronic format if an electronic format is available;
(5) Geocoded locations of polling places and absentee ballot drop boxes for each election in each municipality, and a list or description of the voting districts or geographic areas served by each such location; and
(6) Any other information the Secretary of the State deems advisable to maintain in furtherance of the purposes of sections 9-368j to 9-368q, inclusive.
(d) Except for any data, information or estimates that identify individual electors, the data, information or estimates maintained in the state-wide database shall be published on the Internet web site of the office of the Secretary of the State and made publicly available in electronic format at no cost.
(e) Any estimates prepared pursuant to this section, including estimates of eligible electors, shall be prepared using the most advanced, peer-reviewed and validated methodologies.
(f) At the time the Secretary of the State is prepared to commence administration of the state-wide database established under this section, the Secretary shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to elections, in accordance with the provisions of section 11-4a, certifying such fact.
(g) Upon the certification of election results and the completion of the elector history file after each election, the officials responsible for administering elections in each municipality shall transmit to the Secretary of the State, in electronic format, copies of (1) such election results at the voting district level, (2) updated registry lists, (3) elector history files, (4) maps, descriptions of boundaries and other similar items, and (5) lists of polling place and absentee ballot drop box locations and lists or descriptions of the voting districts or geographic areas served by such locations.
(h) At least annually or upon the request by the Secretary of the State, the Criminal Justice Information Systems Governing Board established under section 54-142q, or any other state entity identified by the Secretary as possessing data, statistics or other information that the office of the Secretary of the State requires to carry out its duties and responsibilities under this title, shall provide to the Secretary such data, statistics or information.
(i) The office of the Secretary of the State may provide nonpartisan technical assistance to municipalities, researchers and members of the public seeking to use the resources of the state-wide database.
(j) In each action filed pursuant to section 9-368j, there shall be a rebuttable presumption that the data, estimates or other information maintained in the state-wide database is valid.
(P.A. 23-204, S. 412.)
History: P.A. 23-204 effective January 1, 2024.
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Sec. 9-368l. Language assistance in voting and elections to be provided in municipalities. Regulations. Filing of court actions by aggrieved parties. (a) The Secretary of the State shall designate one or more languages, other than English, for which assistance in voting and elections shall be provided in a municipality if the Secretary finds that a significant and substantial need exists for such assistance.
(b) (1) The Secretary of the State shall find that such significant and substantial need exists if, based on the best available data, which may include information from the United States Census Bureau's American Community Survey, or data of comparable quality collected by a governmental entity:
(A) More than two per cent of the citizens of voting age of such municipality speak a particular shared language other than English and are limited English proficient individuals;
(B) More than four thousand of the citizens of voting age of such municipality speak a particular shared language other than English and are limited English proficient individuals; or
(C) In the case of a municipality that contains any part of a Native American reservation, more than two per cent of the Native American citizens of voting age within such Native American reservation speak a particular shared language other than English and are limited English proficient individuals. As used in this subdivision, “Native American” includes any person recognized by the United States Census Bureau, or this state, as “American Indian”.
(2) As used in this section, “limited English proficient individual” means an individual who does not speak English as such individual's primary language and who speaks, reads or understands the English language less than “very well”, in accordance with United States Census Bureau data or data of comparable quality collected by a governmental entity.
(c) Not later than January 15, 2024, and at least annually thereafter, the Secretary of the State shall publish on the Internet web site of the office of the Secretary of the State a list of (1) each municipality in which assistance in voting and elections in a language other than English shall be provided, and (2) each such language in which such assistance shall be provided in each such municipality. The Secretary's determinations under this section shall be effective upon such publication. The Secretary shall distribute to each affected municipality the information contained in such list.
(d) Each municipality described in subsection (c) of this section shall provide assistance in voting and elections, including related materials, in any language designated by the Secretary of the State under subsection (a) of this section to electors in such municipality who are limited English proficient individuals.
(e) Whenever the Secretary of the State determines, pursuant to this section, that language assistance shall be provided in a municipality, such municipality shall provide competent assistance in each designated language and shall provide related materials (1) in English, and (2) in each designated language, including registration or voting notices, forms, instructions, assistance, ballots or other materials or information relating to the electoral process, except that in the case of a language that is oral or unwritten, including historically unwritten as may be the case for some Native Americans, such municipality may provide only oral instructions, assistance or other information relating to the electoral process in such language. All materials provided in a designated language shall be of an equal quality to the corresponding English materials. All provided translations shall convey the intent and essential meaning of the original text or communication and shall not rely solely on any automatic translation service. Whenever available, language assistance shall also include live translation.
(f) The Secretary of the State shall adopt regulations, in accordance with the provisions of chapter 54, to establish a review process under which the Secretary shall determine, upon receipt of a request submitted under this subsection, whether a significant and substantial need exists in a municipality for a language to be designated for the provision of assistance in voting and elections whenever such a need has not been found under subsection (b) of this section. Such process shall include, at a minimum, (1) an opportunity for any elector, organization whose membership includes or is likely to include electors, organization whose mission would be frustrated by a municipality's failure to provide such language assistance or organization that would expend resources in order to fulfill such organization's mission as a result of such a failure, to submit a request for the Secretary to consider so designating a language in a municipality, (2) an opportunity for public comment, and (3) that, upon receipt of any such request and consideration of any such public comment, the Secretary may, in accordance with the process for making such determination, so designate any language in a municipality.
(g) Any individual aggrieved by a violation of this section, any organization whose membership includes individuals aggrieved by such a violation or the Secretary of the State may file an action alleging a violation of this section in the superior court for the judicial district in which such violation has occurred, except that no determination of the Secretary under this section to designate a municipality or a language for the provision of assistance shall constitute a violation of this section.
(P.A. 23-204, S. 413.)
History: P.A. 23-204 effective January 1, 2024.
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Sec. 9-368m. Preclearance of covered policies enacted or implemented by covered jurisdictions. Determination of covered jurisdictions. Grant or denial of preclearance by Secretary or Superior Court. (a) In accordance with the provisions of this section, the enactment or implementation of a covered policy, as described in subsection (b) of this section, by a covered jurisdiction, as described in subsection (c) of this section, shall be subject to preclearance, as described in subsections (e) and (f) of this section, by the Secretary of the State or the superior court for the judicial district in which such covered jurisdiction is located.
(b) A covered policy shall include any new or modified qualification for admission as an elector, prerequisite to voting or ordinance, regulation, standard, practice, procedure or policy concerning:
(1) Method of election;
(2) Form of government;
(3) Annexation, incorporation, dissolution, consolidation or division of a municipality;
(4) Removal of individuals from registry lists or enrollment lists and other activities concerning any such list;
(5) Hours of any polling place, or location or number of polling places or absentee ballot drop boxes;
(6) Assignment of voting districts to polling place or absentee ballot drop box locations;
(7) Assistance offered to protected class members; or
(8) Districting or redistricting, provided the enactment or implementation of a covered policy under this subdivision shall be subject to preclearance only in a covered jurisdiction described in subparagraph (B) of subdivision (2) of subsection (c) of this section.
(c) (1) A covered jurisdiction includes:
(A) Any municipality that, within the prior twenty-five years, has been subject to any court order or government enforcement action based upon a finding of any violation of the provisions of sections 9-368j to 9-368q, inclusive, the federal Voting Rights Act, any state or federal civil rights law, the fifteenth amendment to the United States Constitution or the fourteenth amendment to the United States Constitution, which violation concerns the right to vote or a pattern, practice or policy of discrimination against any protected class;
(B) Any municipality that, within the three immediately preceding years, has failed to comply with such municipality's obligations to provide data or information to the state-wide database pursuant to section 9-368k, except that inadvertent or unavoidable delays in such compliance, if communicated to the Secretary of the State and corrected within a reasonable time, shall not constitute such failure;
(C) Any municipality (i) that is not a school district, (ii) that contains at least one thousand eligible electors of any protected class, or in which members of any protected class constitute at least ten per cent of the eligible elector population of such municipality, and (iii) in which, during any of the prior ten years, based on data from criminal justice information systems, as defined in section 54-142q, the combined misdemeanor and felony arrest rate of any protected class exceeds the combined misdemeanor and felony arrest rate of the entire population of such municipality by at least twenty per cent;
(D) Any municipality (i) that contains at least one thousand eligible electors of any protected class, or in which members of any protected class constitute at least ten per cent of the eligible elector population of such municipality, and (ii) in which, during any of the prior ten years, the percentage of electors of any such protected class in such municipality that participated in any general election for any municipal office is at least ten percentage points lower than the percentage of all electors in the municipality that participated in such election; or
(E) On or after January 1, 2034, any municipality that, during any of the prior ten years, was a covered jurisdiction that was found to have enacted or implemented a covered policy for which preclearance was required without obtaining preclearance for such covered policy pursuant to the process described in subparagraph (G) of subdivision (2) of subsection (e) of this section.
(2) (A) A municipality that is a covered jurisdiction under subdivision (1) of this subsection shall be subject to preclearance for a covered policy described in subdivision (1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section.
(B) In addition to the preclearance requirement set forth in subparagraph (A) of this subdivision, a municipality that is a covered jurisdiction under subdivision (1) of this subsection shall be subject to preclearance for a covered policy described in subdivision (8) of subsection (b) of this section if, within the past twenty-five years, such municipality:
(i) Has been subject to three or more court orders or government enforcement actions based upon a finding of any violation of the provisions of sections 9-368j to 9-368q, inclusive, the federal Voting Rights Act, any state or federal civil rights law, the fifteenth amendment to the United States Constitution or the fourteenth amendment to the United States Constitution, which violation concerns the right to vote or a pattern, practice or policy of discrimination against any protected class; or
(ii) Has been subject to any such court order or government enforcement action that concerns districting or redistricting or method of election.
(d) At least annually, the Secretary of the State shall determine which municipalities are covered jurisdictions pursuant to subsection (c) of this section and publish on the Internet web site of the office of the Secretary of the State a list of such municipalities. A determination of the Secretary as to coverage under this subsection shall be effective upon such publication and may be appealed in accordance with the provisions of chapter 54. Any such appeal shall be privileged with respect to assignment for trial.
(e) (1) If a covered jurisdiction seeks preclearance from the Secretary of the State for the adoption or implementation of any covered policy, such covered jurisdiction shall submit, in writing, such covered policy to the Secretary and may obtain such preclearance in accordance with the provisions of this subsection.
(2) When the Secretary of the State receives any such submission of a covered policy:
(A) As soon as practicable but not later than ten days after such receipt, the Secretary shall publish on the Internet web site of the office of the Secretary of the State such submission of a covered policy.
(B) Members of the public shall have an opportunity to comment on such published submission within the time period set forth in subparagraph (I) of this subdivision. For the purposes of facilitating public comment on any such submission, the Secretary shall allow members of the public to sign up to receive notifications or alerts regarding submissions of covered policies for preclearance.
(C) The Secretary shall review such submission and any public comment thereon, and shall, within the time period set forth in subparagraph (I) of this subdivision, provide a report and determination as to whether preclearance of the covered policy should be granted or denied. Such time period shall run concurrently with the time period for public comment.
(D) The covered jurisdiction shall bear the burden of proof in any determination as to preclearance of a covered policy. The Secretary may request from a covered jurisdiction, at any time during the Secretary's review, additional information for the purpose of developing the Secretary's report and determination. Failure of such covered jurisdiction to timely comply with reasonable requests for such additional information may constitute grounds for the denial of preclearance. The Secretary shall publish on the Internet web site of the office of the Secretary of the State each such report and determination upon completion thereof.
(E) In any such determination, the Secretary shall state in writing whether the Secretary is approving or rejecting the covered policy, provided the Secretary may designate preclearance as “preliminary” and subsequently approve or deny final preclearance not later than ninety days after receipt of submission of such covered policy. A covered policy for which preclearance is designated as “preliminary” may be implemented on an interim basis, subject to the Secretary's subsequent determination.
(F) (i) The Secretary shall deny preclearance to a submitted covered policy only if the Secretary determines that (I) such covered policy is more likely than not to diminish the opportunity or ability of protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections, or (II) such covered policy is more likely than not to violate the provisions of sections 9-368j to 9-368q, inclusive.
(ii) For any such denial, the Secretary shall interpose objections explaining the Secretary's basis for such denial, and the covered policy shall not be enacted or implemented.
(G) If the Secretary grants preclearance to a submitted covered policy, the covered jurisdiction may immediately enact or implement such covered policy. A determination by the Secretary to so grant preclearance shall not be admissible in, or otherwise considered by, a court in any subsequent action challenging such covered policy.
(H) If the Secretary fails to deny or grant preclearance to a submitted covered policy within the time period set forth in subparagraph (I) of this subdivision, such covered policy shall be deemed precleared and the covered jurisdiction may enact or implement such covered policy.
(I) The time periods for review by the Secretary of the State of any submitted covered policy, for public comment and for any determination of the Secretary to grant or deny preclearance to such covered policy shall be as follows:
(i) For any covered policy concerning the location of polling places or absentee ballot drop boxes, (I) the time period for public comment shall be ten business days, and (II) the time period in which the Secretary shall review the covered policy, including any public comment thereon, and make a determination to grant or deny preclearance to such covered policy, shall be not more than thirty days after the receipt of the submission of such covered policy, except that the Secretary may invoke an extension of not more than twenty days to make any determination under subparagraph (I)(i)(II) of this subdivision; and
(ii) For any other covered policy, (I) the time period for public comment shall be ten business days, except that, for any covered policy that concerns the implementation of a district-based method of election or an alternative method of election, districting or redistricting plans or a change to a municipality's form of government, such time period shall be twenty business days, and (II) the time period in which the Secretary shall review such other covered policy, including any public comment thereon, and make a determination to grant or deny preclearance to such other covered policy, shall be not more than ninety days after the receipt of the submission of such other covered policy, except that the Secretary may invoke up to two extensions of not more than ninety days apiece to make any determination under subparagraph (I)(ii)(II) of this subdivision.
(J) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, to establish an expedited, emergency preclearance process under which the Secretary may address covered policies that are submitted during or immediately preceding an election as a result of any attack, disaster, emergency or other exigent circumstance. Any preclearance granted pursuant to the regulations adopted under this subparagraph shall be designated “preliminary” and the Secretary may subsequently approve or deny final preclearance not later than ninety days after receipt of submission of such covered policy.
(K) Any denial of preclearance under this subdivision may be appealed in accordance with the provisions of chapter 54. Any such appeal shall be privileged with respect to assignment for trial.
(f) (1) If a covered jurisdiction seeks preclearance from the superior court for the judicial district in which such covered jurisdiction is located for the adoption or implementation of any covered policy, in lieu of seeking such preclearance from the Secretary of the State pursuant to subsection (e) of this section, such covered jurisdiction shall submit, in writing, such covered policy to such court and may obtain such preclearance in accordance with the provisions of this subsection, provided (A) such covered jurisdiction shall also contemporaneously transmit to the Secretary of the State a copy of such submission, and (B) failure to so provide such copy shall result in an automatic denial of such preclearance. Notwithstanding the transmission to the Secretary of a copy of any such submission, the court shall exercise exclusive jurisdiction over such submission. The covered jurisdiction shall bear the burden of proof in the court's determination as to preclearance.
(2) The court shall grant or deny preclearance not later than ninety days after the receipt of submission of a covered policy.
(3) The court shall deny preclearance to a submitted covered policy only if such court determines that (A) such covered policy is more likely than not to diminish the opportunity or ability of protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections, or (B) such covered policy is more likely than not to violate the provisions of sections 9-368j to 9-368q, inclusive.
(4) If the court grants preclearance to such covered policy, the covered jurisdiction may immediately enact or implement such covered policy. A determination by the court to grant preclearance to a covered policy shall not be admissible in, or otherwise considered by, a court in any subsequent action challenging such covered policy.
(5) If the court denies preclearance to a covered policy, or fails to make a determination within ninety days of receipt of submission of such covered policy, such covered policy shall not be enacted or implemented.
(6) Any denial of preclearance under this subsection may be appealed in accordance with the ordinary rules of appellate procedure. Any action brought pursuant to this subsection shall be privileged with respect to assignment for trial or appeal, as applicable, including expedited pretrial and other proceedings.
(g) If any covered jurisdiction enacts or implements any covered policy without obtaining preclearance for such covered policy in accordance with the provisions of this section, the Secretary of the State or any party described in subsection (d) of section 9-368j may file an action in the superior court for the judicial district in which such covered jurisdiction is located to enjoin such enactment or implementation and seek sanctions against such covered jurisdiction for violations of this section.
(h) The Secretary of the State may adopt regulations, in accordance with the provisions of chapter 54, to effectuate the purposes of this section. Any estimates prepared for the purpose of identifying covered jurisdictions under this section, including estimates of eligible electors, shall be prepared using the most advanced, peer-reviewed and validated methodologies.
(P.A. 23-204, S. 414.)
History: P.A. 23-204 effective January 1, 2024 (Revisor's note: In codifying section 414 of public act 23-204, an incorrect reference in Subsec. (c)(1)(B) to “section 413 of this act”, which appeared in the engrossed bill, was changed editorially by the Revisors to “section 412 of this act” and therefore codified as a reference to section 9-368k).
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Sec. 9-368n. Prohibition against intimidations, deception or obstruction that interferes with right to vote. Filing of court action by aggrieved party. (a) Notwithstanding the provisions of chapter 151, a person, whether acting under color of law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector's right to vote.
(b) A violation of subsection (a) of this section includes, but is not limited to, the following:
(1) Any person who uses or threatens to use any force, violence, restraint, abduction or duress, who inflicts or threatens to inflict any injury, damage, harm or loss or who by any other conduct practices intimidation that causes or will reasonably have the effect of causing interference with any elector's right to vote;
(2) Any person who knowingly uses any deceptive or fraudulent device, contrivance or communication that causes or will reasonably have the effect of causing interference with any elector's right to vote; or
(3) Any person who obstructs, impedes or otherwise interferes with access to any polling place or absentee ballot drop box or any office or place of business of an election official or who obstructs, impedes or otherwise interferes with any elector or election official in a manner that causes or will reasonably have the effect of causing interference with any elector's right to vote or any delay in voting or the voting process.
(c) (1) Any individual aggrieved by a violation of this section or any organization whose membership includes individuals aggrieved by such a violation may file an action alleging a violation of this section in the superior court for the judicial district in which such violation has occurred. Such an action may be filed irrespective of any action that may be filed by the State Elections Enforcement Commission, the Attorney General or the State's Attorney as a result of such a violation.
(2) In any action brought pursuant to subdivision (1) of this subsection, the complainant shall file a certification attached to the complaint indicating that (A) a copy of such complaint has been sent by first-class mail or delivered to the State Elections Enforcement Commission, or (B) a copy of such complaint will be so sent or delivered not later than the following business day.
(d) (1) Notwithstanding any provision of this title and any special act, charter or home rule ordinance, whenever such court finds a violation of any provision of this section, such court shall order appropriate remedies that are tailored to address such violation, including, but not limited to, providing for additional time to vote at an election, primary or referendum.
(2) Any person who violates the provisions of this section, or who aids in the violation of any of such provisions, shall be liable for any damages awarded by such court, including, but not limited to, nominal damages for any such violation and compensatory or punitive damages for any such wilful violation.
(P.A. 23-204, S. 415.)
History: P.A. 23-204 effective July 1, 2023.
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Sec. 9-368o. Construction of laws in favor of protecting voting rights. Any provision of the general statutes, regulation adopted thereunder, special act, charter, home rule ordinance or other state or municipal enactment relating to the right to vote shall be construed liberally in favor of (1) protecting the right to cast a ballot and make such ballot effective, (2) ensuring that qualified individuals seeking to be admitted as electors are not impaired in being so admitted, (3) ensuring electors are not impaired in voting, including, but not limited to, having their votes counted, (4) making the fundamental right to vote more accessible to qualified individuals, and (5) ensuring equitable access for protected class members to opportunities to be admitted as electors and to vote.
(P.A. 23-204, S. 416.)
History: P.A. 23-204 effective July 1, 2023.
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Sec. 9-368p. Powers and duties of State Elections Enforcement Commission and of Commission on Human Rights and Opportunities not affected. Nothing in the provisions of sections 9-368i to 9-368o, inclusive, shall be construed to affect the powers and duties of (1) the State Elections Enforcement Commission to attempt to secure voluntary compliance relating to any election, primary or referendum or pursue any other remedy authorized under sections 9-7a and 9-7b, or (2) the Commission on Human Rights and Opportunities, as provided in chapter 814c.
(P.A. 23-204, S. 417.)
History: P.A. 23-204 effective July 1, 2023.
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Sec. 9-368q. Awarding of attorney's fees and litigation costs. In any action to enforce the provisions of sections 9-368i to 9-368o, inclusive, the court may award reasonable attorneys' fees and litigation costs, including, but not limited to, expert witness fees and expenses, to the party that filed such action, other than the state or any municipality, and that prevailed in such action. The party that filed such action shall be deemed to have prevailed when, as a result of litigation, the party against whom such action was filed has yielded much or all of the relief sought in such action. In the case of a party against whom such action was filed and who prevailed in such action, the court shall not award such party any costs unless such court finds such action to be frivolous, unreasonable or without foundation.
(P.A. 23-204, S. 418.)
History: P.A. 23-204 effective July 1, 2023.
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