Conn. Gen. Stat. § 9-368m

Current with legislation from the 2024 Regular and Special Sessions.

Section 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.

Conn. Gen. Stat. § 9-368m

Added by P.A. 23-0204,S. 414 of the Connecticut Acts of the 2023 Regular Session, eff. 1/1/2024.