In Connecticut, legislatively referred amendments are the only form of statewide direct democracy. In addition to the legislature, the Secretary of State also plays a role in the preparation process by drafting a portion of the ballot language that will appear to voters and by creating an educational voter guide. Judicial review is available to challenge decisions of the Secretary of State, but there is no express provision for judicial review of the portion of the ballot language drafted by the legislature. All legislatively referred amendments are presented to voters at a general election in an even-numbered year.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Connecticut
Connecticut does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Connecticut voters. Conn. Const. art. 12.
Election Timing
A proposed amendment is presented to voters after either: (1) it is approved by a 3/4 supermajority of each house, or (2) it is approved by a majority of each house, in two consecutive general assemblies. It is presented to voters at the general election to be held in November of the next even-numbered year. Conn. Const. art. 12.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Connecticut Constitution must include the following.
- Designation of ballot question, including statement of intended objective addressed by proposed amendment, prepared by legislature. Conn. Gen. Stat. §§ 2-18, 9-369.
- Ballot title or statement prepared by the Secretary of State. Gen. Stat. § 9-4(7).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Localities must provide notice or a “warning” of an election, which must include that a purpose of the election is to vote for the approval or disapproval of any proposed amendment. Conn. Gen. Stat. § 9-369. Warnings are published in a local newspaper and the town’s internet website between five and fifteen days before the early voting period begins. See S.B. 1185, 2023 Gen. Assemb., Jan. Reg. Sess. (Conn. 2023) (amending Conn. Gen. Stat. § 9-225 (West, Westlaw, through 2023 S.B. 1185)).
Voter Information Pamphlet
By the first of October each election year, the Secretary of State must prepare a voter guide in consultation with the State Elections Enforcement Commission. Conn. Gen. Stat. § 9-4a(a). The guide must include the following information about each proposed amendment appearing on the ballot.
- Proposed amendment’s Conn. Gen. Stat. § 9-4a(b)(9).
- Concise explanatory text as to its content and purpose.
The Secretary of State must publish the voter guide online and cause the explanatory text to be printed and sent to localities “for public distribution,” including in the form of polling place posters. Conn. Gen. Stat. §§ 9-4a(a), 2-30a(a)–(b).
JUDICIAL REVIEW
When and how can the court step in?
Any person “claiming to have been aggrieved by any ruling of any election official in connection with a referendum” may bring an action in a superior court. See Conn. Gen. Stat. § 9-371b.This statute presumably authorizes actions claiming aggrievement by the Secretary of State. However, Connecticut’s direct democracy provisions do not explicitly provide for judicial review of ballot language prepared by the legislature. See, e.g., Conn. Gen. Stat. §§ 9-324, 9-371b. The provisions also provide a few guidelines as to the sufficiency of ballot language and other voter materials. See Id. That said, judicial review may be available under other channels. See Soto v. Conn. Gen. Assembly, No. HHD-CV-22-5075490-S, 2022 WL 17818264, at *4 (Super. Ct. Conn., Dec. 15, 2022) (unpublished opinion) (discussing classical aggrievement standing theory).