How Do I Get a Law Repealed that is Not Being Enforced?
Full Question:
Answer:
I am unsure of the term you are seeking for a law that isn't being enforced. In some cases, discrimination claims may be made when laws are selectively enforced, or charges may be made against officials for failiure to carry out a duty of office. A petition for mandamus may be filed to force an official to carry out a required act or injunctive relief may be sought.
The answer will depend on the nature of the law you are referring to. Generally, laws are repealed through the voters' representatives in the legislature. In certain instances of municipal laws, the voters may petition for a referendum, as outlined in the statute below.
Please see the following CT statutes:
Sec. 7-191. Charters, charter amendments and home rule ordinance
amendments: Hearings; draft and final report; public notice; referendum;
effective date; filing of copies with Secretary of the State; file
maintained by State Library.
(a) The commission shall hold at least two public hearings on the
proposed charter, charter amendments or home rule ordinance amendments;
one prior to the beginning of any substantive work on such charter,
charter amendments or home rule ordinance amendments, and one after the
draft report to the appointing authority has been completed, but not
submitted, after which hearings the commission may amend such report. The
commission may hold such other public hearings as it deems necessary.
(b) The commission shall submit its draft report, including the
proposed charter, charter amendments or home rule ordinance amendments, to
the clerk of the municipality, who shall transmit such report to the
appointing authority. The appointing authority shall hold at least one
public hearing on the draft report and shall hold its last hearing not
later than forty-five days after the submission of the draft report to
such clerk. Not later than fifteen days after its last hearing, the
appointing authority shall make recommendations to the commission for such
changes in the draft report as it deems desirable.
(c) If the appointing authority makes no recommendations for changes in
the draft report to the commission within such fifteen days, the report
of the commission shall be final and the appointing authority shall act
on such report. If the appointing authority makes recommendations for
changes in the draft report to the commission, the commission shall
confer with the appointing authority concerning any such recommendations
and may amend any provisions of the proposed charter, charter amendments
or home rule ordinance amendments, in accordance with such
recommendations, or the commission may reject such recommendations. In
either case the commission shall make its final report to the appointing
authority not later than thirty days after receiving such
recommendations.
(d) Not later than fifteen days after receiving the final report, the
appointing authority, by a majority vote of its entire membership, shall
either approve the proposed charter, charter amendments or home rule
ordinance amendments or reject the same or separate provisions thereof.
Not later than forty-five days after a vote of the appointing authority
to reject such matter, a petition for a referendum thereon, signed by not
less than ten per cent of the electors of such municipality, as
determined by the last-completed registry list thereof, and filed and
certified in accordance with the provisions of section 7-188, may be
presented to the appointing authority. Not later than thirty days after
approval by the appointing authority or the certification of such a
petition (1) the proposed charter shall be published in full at least once
in a newspaper having a general circulation in the municipality, or (2)
the portion of the charter or home rule ordinance being amended shall be
published at least once in a newspaper having a general circulation in the
municipality with a notice that a complete copy of the charter or home
rule ordinance and amendment is available in the town clerk's office and
that a copy shall be mailed to any person who requests a copy. The town
clerk shall mail or otherwise provide such copy to any person who
requests a copy.
(e) The appointing authority shall, by a majority vote of its entire
membership, determine whether the proposed charter, charter amendments or
home rule ordinance amendments shall be submitted to the electors for
approval or rejection at a regular election or at a special election
warned and held for that purpose, which shall be held not later than
fifteen months after either the approval by the appointing authority or
the certification of a petition for a referendum.
(f) The proposed charter, charter amendments or home rule ordinance
amendments shall be prepared for the ballot by the appointing authority
and may be submitted in the form of one or several questions; and, if
approved by a majority of the electors of the municipality voting thereon
at a regular election or if approved by a majority which number equals at
least fifteen per cent of the electors of the municipality as determined
by the last-completed active registry list of such municipality at a
special election, such proposed charter, charter amendments or home rule
ordinance amendments shall become effective thirty days after such
approval unless an effective date or dates are specified therein, in which
event the date or dates specified shall prevail.
(g) Not later than thirty days after the approval by the electors of
any proposed charter, charter amendments or home rule ordinance
amendments, the town or city clerk shall file, with the Secretary of the
State, (1) three certified copies thereof, with the effective date or
dates indicated thereon, and (2) in the case of the approval of charter
or home rule ordinance amendments, three certified copies of the complete
charter or ordinance incorporating such amendments. The Secretary of the
State shall distribute two copies, whether tangible or intangible in
form, to the State Library, where a file of such charters, charter
amendments and home rule ordinance amendments shall be kept for public
inspection.
Sec. 2c-21. Repeal of laws creating reporting bodies.
Unless otherwise provided by law, a provision of the general
statutes or of a special act which creates, empowers or establishes a
board, commission, council, authority, task force or other body on or
after January 4, 1995, the primary purpose of which body is to submit
a report, findings or recommendations, shall be deemed to be repealed
one hundred and twenty days after the date on which such body is
required to submit its report, findings or recommendations.
Sec. 9-369. Procedure for holding referendum.
Whenever at any regular or special state or municipal election any vote
for approval or disapproval of any constitutional amendment or any
question or proposal is taken pursuant to the Constitution, the general
statutes or any special act, unless otherwise provided, such election
shall be warned and held, the vote on such amendment, question or
proposal cast and canvassed and the result determined and certified as
nearly as may be in accordance with the provisions governing the election
of officers in the state or in such municipality. The warning for such
election shall state that a purpose of such election is to vote for the
approval or disapproval of such amendment, question or proposal and shall
state the section of the Constitution or of the general statutes or the
special act under authority of which such vote is taken. The vote on such
amendment, question or proposal shall be taken by a "Yes" and "No" vote
on the voting machine, and the designation of such amendment, question or
proposal on the voting machine ballot label shall be "Shall (here insert
the question or proposal, followed by a question mark)". Such ballot
label shall be provided for use in accordance with the provisions of
section 9-250. The municipal clerk shall number on the ballot label the
questions to be voted upon according to the order in which they will
appear thereon, provided amendments to the Constitution shall be numbered
by the Secretary of the State in numerical order based upon the dates on
which resolutions proposing such amendments were passed, precedence being
given to the earliest passed unless otherwise provided by the resolutions
proposing such amendments. Each elector shall vote "Yes" if in favor of
the amendment, question or proposal or "No" if not in favor thereof. The
registrars of voters shall cause an adhesive label, three inches high by
four inches wide, upon which shall be imprinted, in clearly discernible
lettering, the words "Vote on the Questions" to be affixed to the upper
left-hand corner of each such voting machine, directly opposite the
spaces provided for the amendment, question or proposal. Such adhesive
labels shall be provided by the Secretary of the State upon receipt of a
written order therefor from the registrars of voters, which order shall
specify the number of such labels required. If, upon the official
determination of the result of such vote, it appears that a majority of
all the votes so cast are in approval of such amendment, question or
proposal, such amendment, question or proposal shall, unless otherwise
provided, take effect forthwith.
Please see also:
http://www.gopetition.com/petitions/repeal-connecticut-business-entity-tax/signatures.html
http://www.celdf.org/HomeRule/DoesmyStatehaveHomeRule/HomeRuleinConnecticut/tabid/143/Default.aspx
http://www.foxnews.com/politics/2009/07/21/obama-irks-democrats-declaring-ignore-legislation/