SB 244 — AN ACT CONCERNING ELIGIBILITY TO HOLD PUBLIC OFFICE OR BE EMPLOYED BY THE STATE OR ANY MUNICIPALITY.

Senate General Assembly CommitteeFile Bill No.

244596 January Session, 2023 LCOSubstitute Senate Bill No.

5192244 ReferredSenate, toApril 17, 2023 The Committee on GOVERNMENTGovernment ADMINISTRATIONAdministration ANDand ELECTIONSElections Introducedreported by:through SEN.

(GAE)FLEXER ANof ACTthe CONCERNING29th ELIGIBILITYDist., TOChairperson HOLDof PUBLICthe OFFICECommittee ORon BEthe EMPLOYEDpart BYof THEthe STATESenate, ORthat ANYthe MUNICIPALITY.substitute bill ought to pass.

AN ACT CONCERNING ELIGIBILITY TO HOLD PUBLIC OFFICE OR BE EMPLOYED BY THE STATE OR ANY MUNICIPALITY.

(NEW) (Effective from passage) (a) (1) Notwithstanding any provision of title 9 or 27 of the general statutes, if any person who holds or held any elective or appointive state or municipal office, or serves or served as a sworn member of a municipality's police department, and who took an oath before entering upon the duties of such position to support the Constitution of the United States,States engages in insurrection or rebellionagainst theUnitedStatesorgivesaidor comfort totheenemies of the United States, such person shall, upon such act, be permanently ineligible to be elected or appointed to any state or municipal office or to serve in the armed forces of the state, as defined in section 27-2 of the general statutes.

(b)(2) NotwithstandingFor anythe provisionpurposes of titleaverting 5potential orinjury 7to of the generalpublic statutes,interest ifin anyavoiding personvoter isconfusion convictedand ofdisruptions sedition,in insurrection or rebellion against the Unitedelections States,process or asSB244 felony/ inFile relation to any such act, such person shall, upon such conviction, be permanently ineligible to be LCO No.

5192596 1 ofsSB244 2File Committee Bill No.

244596 employedthe bypossibility of a vacancy in elective or appointive state or municipal office, or in maintaining the minimum strength of the armed forces of the state as provided under section 27-12 of the general statutes, any resident of the state may commence a declaratory judgment action under section 52-29 of the general statutes for a determination as to whether, pursuant to subdivision (1) of this subsection, a person is permanently ineligible to be elected or appointed to any municipality.state or municipal office or to serve in the armed forces of the state.

Upon the issuance of the Superior Court's declaration, a certified copy of such declaration shall be filed with the Secretary of the State.

(b) Notwithstanding any provision of title 5 or 7 of the general statutes, if any person is convicted of seditious conspiracy, insurrection or rebellion against the United States, or a felony in relation to any such act, such person shall, upon such conviction, be permanently ineligible to be employed by the state or any municipality.

Section 1 from passage New section StatementGAE ofJoint Purpose:Favorable Subst.

TosSB244 provide/ thatFile (1)No. state and municipal office holders who engage in rebellion or insurrection shall be permanently ineligible to be elected or appointedto any state or municipaloffice or to serve inthearmedforces of the state in the future, and (2) persons convicted of sedition, rebellion or insurrection, or a felony in relation to such act, shall be permanently ineligible to be employed by the state or any municipality.

[Proposed596 deletions2 aresSB244 enclosedFile inNo. brackets.

Proposed596 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof Co-Sponsors:for any purpose.

SEN.In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

DUFF,Whenever 25thapplicable, Dist.agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

S.B.OFA Fiscal Note State Impact:

244None LCOMunicipal No.Impact:

5192None 2Explanation The bill, which makes changes regarding eligibility to hold certain state or municipal positions, does not result ina fiscal impact to the state or municipality as it is not expected to affect the ability of 2the state or municipalities to fill relevant offices or positions.

The Out Years State Impact:

None Municipal Impact:

None sSB244 / File No.

596 3 sSB244 File No.

596 OLR Bill Analysis sSB 244 AN ACT CONCERNING ELIGIBILITY TO HOLD PUBLIC OFFICE OR BE EMPLOYED BY THE STATE OR ANY MUNICIPALITY.

SUMMARY This bill generally codifies in statute and expands upon provisions in the U.S.

Constitution that disqualify someone from certain elected or appointed offices because of specified actions (see BACKGROUND).

Under the bill, a person is permanently ineligible to be elected or appointed to any state or municipal office or serve in the state armed forces if he or she meets all of the following criteria:

1.

holds or held any elected or appointed state or municipal office, or serves or served as a sworn member of a municipal police department;

2.

took an oath before beginning that position’s duties to support the U.S.

Constitution;

and 3.

engaged in insurrection or rebellion against the U.S.

or gave aid or comfort to its enemies.

The bill correspondingly allows any state resident to bring a declaratory judgment action in Superior Court to determine whether a person is permanently ineligible under the bill’s provisions.

The declaratory judgment is for averting potential injury to the public interest, by avoiding voter confusion and disruptions in the elections process or the possibility of a vacancy in elective or appointive state or municipal office, or in maintaining the minimum strength of the state’s armed forces.

The bill requires that a certified copy of the court’s declaration be filed with the secretary of the state upon its issuance.

sSB244 / File No.