Sec. 9-368n. Prohibition against intimidations, deception or obstruction that interferes with right to vote. Filing of court action by aggrieved party.
466 words·~2 min read·
/ct/title-9/chapter-151a-state-voting-rights-act/9-368n·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.
(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.