Connecticut Senate Bill SB00421 Latest Draft

                            General Assembly  Substitute Bill No. 421
February Session, 2010  *_____SB00421GAE___032510____*

General Assembly

Substitute Bill No. 421 

February Session, 2010

*_____SB00421GAE___032510____*

AN ACT CONCERNING ELECTIONS. 

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (25) of section 9-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(25) "Organization expenditure" means an expenditure by a party committee, legislative caucus committee or legislative leadership committee for the benefit of a candidate or candidate committee for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state Senator or state representative for:

(A) The preparation, display or mailing or other distribution of a party candidate listing. As used in this subparagraph, "party candidate listing" means any communication that meets the following criteria: (i) The communication lists the name or names of candidates for election to public office, (ii) the communication is distributed through public advertising such as broadcast stations, cable television, newspapers or similar media, or through direct mail, telephone, electronic mail, publicly accessible sites on the Internet or personal delivery, (iii) the treatment of all candidates in the communication is substantially similar, and (iv) the content of the communication is limited to (I) for each such candidate, identifying information, including photographs, the office sought, the office currently held by the candidate, if any, the party enrollment of the candidate, a brief statement concerning the candidate's positions, philosophy, goals, accomplishments or biography and the positions, philosophy, goals or accomplishments of the candidate's party, (II) encouragement to vote for each such candidate, and (III) information concerning voting, including voting hours and locations;

(B) A document in printed or electronic form, including a party platform, a copy of an issue paper, information pertaining to the requirements of this title, a list of registered voters and voter identification information, which document is created or maintained by a party committee, legislative caucus committee or legislative leadership committee for the general purposes of party or caucus building and is provided (i) to a candidate who is a member of the party that has established such party committee, or (ii) to a candidate who is a member of the party of the caucus or leader who has established such legislative caucus committee or legislative leadership committee, whichever is applicable;

(C) A campaign event at which a candidate or candidates are present;

(D) The retention of the services of an advisor to provide assistance relating to campaign organization, financing, accounting, strategy, law or media; or

(E) The use of offices, telephones, computers and similar equipment. [which does not result in additional cost to the party committee, legislative caucus committee or legislative leadership committee.]

Sec. 2. Section 9-601 of the general statutes is amended by adding subdivisions (28) and (29) as follows (Effective from passage and applicable to primaries and elections held on and after said date):

(NEW) (28) "Slate committee" means a political committee formed by two or more candidates for nomination or election to any municipal office in the same town, city or borough, or in a primary for the office of justice of the peace or the position of town committee member, whenever such political committee will serve as the sole funding vehicle for the candidates' campaigns.

(NEW) (29) "Commission" means the State Elections Enforcement Commission.

Sec. 3. Subsection (b) of section 9-601a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) As used in this chapter and [sections 9-700 to 9-716, inclusive] chapter 157, "contribution" does not mean:

(1) A loan of money made in the ordinary course of business by a national or state bank;

(2) Any communication made by a corporation, organization or association to its members, owners, stockholders, executive or administrative personnel, or their families;

(3) Nonpartisan voter registration and get-out-the-vote campaigns by any corporation, organization or association aimed at its members, owners, stockholders, executive or administrative personnel, or their families;

(4) Uncompensated services provided by individuals volunteering their time on behalf of a party committee, political committee, slate committee or candidate committee, including any services provided for the benefit of participating and nonparticipating candidates under the Citizens' Election Program and any unreimbursed payment for travel expenses within the state made by an individual who, on the individual's own behalf, volunteers the individual's personal services to any single candidate;

(5) The use of real or personal property, and the cost of invitations, food or beverages, voluntarily provided by an individual to a candidate, including a participating or nonparticipating candidate under the Citizens' Election Program, or on behalf of [a state central or town committee] any single party or slate committee, in rendering voluntary personal services for candidate or party-related activities at the individual's [residence] residential premises or a community room in the individual's residential facility, to the extent that the cumulative value of the invitations, food or beverages provided for any single event by [the] an individual on behalf of any single candidate does not exceed [two] four hundred dollars with respect to any single election, and does not exceed eight hundred dollars for any single event hosted by two or more individuals who reside at the same residential premises or on behalf of [all state central and town committees] any single party or slate committee, provided the cumulative value of the invitations, food or beverages provided by an individual on behalf of any single candidate with respect to any single election, and on behalf of any single party or slate committee, does not exceed [four] eight hundred dollars in any calendar year or single election, as the case may be;

(6) The sale of food or beverage for use in a candidate's campaign or for use by a [state central or town] party or slate committee at a discount, if the charge is not less than the cost to the vendor, to the extent that the cumulative value of the discount given to or on behalf of any single candidate does not exceed two hundred dollars with respect to any single election, and on behalf of [all state central and town committees] any party or slate committee does not exceed four hundred dollars in a calendar year or single election, as the case may be;

[(7) Any unreimbursed payment for travel expenses made by an individual who on the individual's own behalf volunteers the individual's personal services to any single candidate to the extent the cumulative value does not exceed two hundred dollars with respect to any single election, and on behalf of all state central or town committees does not exceed four hundred dollars in a calendar year;]

(7) The donation of food or beverage by an individual for consumption at a slate or party committee meeting or event that is not a fundraising affair to the extent that the cumulative value of the food or beverages donated by an individual for a single meeting or event does not exceed fifty dollars;

(8) The payment, by a party committee [, political committee or an individual,] or slate committee of the costs of preparation, display, mailing or other distribution incurred by the committee or individual with respect to any printed slate card, sample ballot or other printed list containing the names of three or more candidates;

(9) The donation of any item of personal property by an individual to a committee for a fund-raising affair, including a tag sale or auction, or the purchase by an individual of any such item at such an affair, to the extent that the cumulative value donated or purchased does not exceed fifty dollars;

(10) (A) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair sponsored by the candidate committee of a candidate for an office of a municipality, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single such candidate or the candidate's committee with respect to any single election campaign if the purchaser is a business entity or fifty dollars for purchases by any other person;

(B) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single town committee in any calendar year if the purchaser is a business entity or fifty dollars for purchases by any other person. Notwithstanding the provisions of this subparagraph, the following may not purchase advertising space in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee: (i) A communicator lobbyist, (ii) a member of the immediate family of a communicator lobbyist, (iii) a state contractor, (iv) a prospective state contractor, or (v) a principal of a state contractor or prospective state contractor. As used in this subparagraph, "state contractor", "prospective state contractor" and "principal of a state contractor or prospective state contractor" have the same meanings as provided in subsection (g) of section 9-612;

(11) The payment of money by a candidate to the candidate's candidate committee;

(12) The donation of goods or services by a business entity to a committee for a fund-raising affair, including a tag sale or auction, to the extent that the cumulative value donated does not exceed one hundred dollars;

(13) The advance of a security deposit by an individual to a telephone company, as defined in section 16-1, for telecommunications service for a committee, provided the security deposit is refunded to the individual;

(14) The provision of facilities, equipment, technical and managerial support, and broadcast time by a community antenna television company, as defined in section 16-1, for community access programming pursuant to section 16-331a, unless (A) the major purpose of providing such facilities, equipment, support and time is to influence the nomination or election of a candidate, or (B) such facilities, equipment, support and time are provided on behalf of a political party;

(15) The sale of food or beverage by a town committee to an individual at a town fair, county fair or similar mass gathering held within the state, to the extent that the cumulative payment made by any one individual for such items does not exceed fifty dollars; [or]

(16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee; or 

(17) The value associated with the following de minimis campaign activities on behalf of a party committee, political committee, slate committee or candidate committee, including for activities undertaken for the benefit of participating and nonparticipating candidates under the Citizens' Election Program: (A) The sending of electronic mail or messages from an individual's personal computer or cellular telephone when compensation is not remitted to such individual for the sending of such electronic mail or messages, (B) the posting or display of a candidate's name or group of candidates' names at a town fair by a party committee, or (C) the use of personal property or a service that is customarily attendant to the occupancy of a residential dwelling, or the donation of an item or items of personal property that are customarily used for campaign purposes, by an individual, to a candidate committee, provided the cumulative fair market value of such item or items of personal property does not exceed fifty dollars in the aggregate for any single election or calendar year, as the case may be. 

Sec. 4. Subsection (a) of section 9-603 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the Constitution [, individual lobbyists,] and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, judge of probate and members of the General Assembly, shall be filed with the State Elections Enforcement Commission. [A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated.] A political committee formed for a slate of candidates in a primary for the office of justice of the peace shall file statements with [both the State Elections Enforcement Commission and] the town clerk of the municipality in which the primary is to be held.

Sec. 5. Subsection (b) of section 9-606 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) A contribution in the form of a check drawn on a joint bank account shall, for the purpose of allocation, be deemed to be a contribution made by the individual who signed the check. If a check is signed by more than one individual, the total amount of the check shall be divided equally among the cosigners for the purpose of allocation, except such contribution shall be allocated in accordance with the provisions of a written statement, if any, from the holders of such joint bank account that indicates how such contribution should be differently allocated. If a committee receives an anonymous contribution, [of more than fifteen dollars] the campaign treasurer shall immediately remit the contribution to the [State Treasurer] State Elections Enforcement Commission for deposit in the General Fund. [The State Treasurer shall deposit the contribution in the General Fund.]

Sec. 6. Section 9-607 of the general statutes is amended by adding subsection (n) as follows (Effective from passage and applicable to primaries and elections held on and after said date):

(NEW) (n) Notwithstanding the provisions of sections 9-601, as amended by this act, 9-601a, as amended by this act, and 9-718, any paid committee worker may volunteer his or her services to a candidate committee, including a candidate committee of a participating or nonparticipating candidate under the Citizens' Election Program, provided such committee worker executes an affidavit indicating the number of unpaid, volunteer hours that such committee worker provides to such candidate committee. Nothing in this section shall be construed to permit a business to make a contribution. Such committee worker shall give such affidavit to the campaign treasurer who shall concomitantly file such affidavit with the State Elections Enforcement Commission when such treasurer files any requisite report under section 9-608, as amended by this act.

Sec. 7. Subsection (a) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(a) (1) Each campaign treasurer of a committee [, other than a state central committee,] shall file a statement, sworn under penalty of false statement with the proper authority in accordance with the provisions of section 9-603, as amended by this act, (A) on the tenth calendar day in the months of January, April, July and October, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day, (B) on the seventh day preceding each regular state election, except that (i) in the case of a candidate or exploratory committee established for an office to be elected at a municipal election, the statement shall be filed on the seventh day preceding a regular municipal election in lieu of such date, [and] (ii) in the case of a town committee, the statement shall be filed on the seventh day preceding each municipal election in addition to such date, and (iii) in the case of a candidate committee in a state election that is required to file any supplemental campaign finance statement pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such supplemental campaign finance statement shall satisfy the filing requirements of this subparagraph, and (C) if the committee has made or received a contribution or expenditure in connection with any other election, a primary or a referendum, on the seventh day preceding the election, primary or referendum, provided in the case of a candidate committee in a primary that is required to file any supplemental campaign finance statement pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such supplemental campaign finance statement shall satisfy the filing requirements of this subparagraph. The [statement] statements required pursuant to this subdivision shall be complete as of midnight of the last day of the month preceding the month in which the statement is required to be filed, except that for the statement required to be filed on the seventh day preceding the election, primary or referendum, the statement shall be complete as of [seven days] midnight of the second day immediately preceding the required filing day. The statement shall cover a period to begin with the first day not included in the last filed statement. In the case of a candidate committee, the statement required to be filed in January shall be in lieu of the statement formerly required to be filed within forty-five days following an election.

(2) Each campaign treasurer of a candidate committee, within thirty days following any primary, and each campaign treasurer of a political committee formed for a single primary, election or referendum, within forty-five days after any election or referendum not held in November, shall file statements in the same manner as is required of them under subdivision (1) of this subsection. If the campaign treasurer of a candidate committee established by a candidate, who is unsuccessful in the primary or has terminated his candidacy prior to the primary, distributes all surplus funds within thirty days following the scheduled primary and discloses the distribution on the postprimary statement, such campaign treasurer shall not be required to file any subsequent statement unless the committee has a deficit, in which case he shall file any required statements in accordance with the provisions of subdivision (3) of subsection (e) of this section.

[(3) In the case of state central committees, (A) on the tenth calendar day in the months of January, April and July, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, on the next business day, and (B) on the twelfth day preceding any election, the campaign treasurer of each such committee shall file with the proper authority, a statement, sworn under penalty of false statement, complete as of the last day of the month immediately preceding the month in which such statement is to be filed in the case of statements required to be filed in January, April and July, and complete as of the nineteenth day preceding an election, in the case of the statement required to be filed on the twelfth day preceding an election, and in each case covering a period to begin with the first day not included in the last filed statement.]

Sec. 8. Subsections (c) to (e), inclusive, of section 9-608 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(c) (1) Each statement filed under subsection (a), (e) or (f) of this section shall include, but not be limited to: (A) An itemized accounting of each contribution, if any, including the full name and complete address of each contributor and the amount of the contribution; (B) [in the case of anonymous contributions, the total amount received and the denomination of the bills; (C)] an itemized accounting of each expenditure, if any, including the full name and complete address of each payee, including secondary payees whenever the primary or principal payee is known to include charges which the primary payee has already paid or will pay directly to another person, vendor or entity, the amount and the purpose of the expenditure, the candidate supported or opposed by the expenditure, whether the expenditure is made independently of the candidate supported or is an in-kind contribution to the candidate, and a statement of the balance on hand or deficit, as the case may be; [(D)] (C) an itemized accounting of each expense incurred but not paid, provided if the expense is incurred by use of a credit card, the accounting shall include secondary payees, and the amount owed to each such payee; [(E)] (D) the name and address of any person who is the guarantor of a loan to, or the cosigner of a note with, the candidate on whose behalf the committee was formed, or the campaign treasurer in the case of a party committee or a political committee or who has advanced a security deposit to a telephone company, as defined in section 16-1, for telecommunications service for a committee; [(F)] (E) for each business entity or person purchasing advertising space in a program for a fund-raising affair or on signs at a fund-raising affair, the name and address of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; [(G)] (F) for each individual who contributes in excess of one hundred dollars but not more than one thousand dollars, in the aggregate, to the extent known, the principal occupation of such individual and the name of the individual's employer, if any; [(H)] (G) for each individual who contributes in excess of one thousand dollars in the aggregate, the principal occupation of such individual, the name of the individual's employer, if any; [(I)] (H) for each itemized contribution made by a lobbyist, the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist's household, a statement to that effect; and [(J)] (I) for each individual who contributes in excess of four hundred dollars in the aggregate to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer or a slate or town committee financing the nomination or election or a candidate for chief executive officer of a town, city or borough, a statement indicating whether the individual or a business with which he is associated has a contract with said municipality that is valued at more than five thousand dollars. Each campaign treasurer shall include in such statement (i) an itemized accounting of the receipts and expenditures relative to any testimonial affair held under the provisions of section 9-609 or any other fund-raising affair, which is referred to in subsection (b) of section 9-601a, as amended by this act, and (ii) the date, location and a description of the affair, except that a campaign treasurer shall not be required to include the name of any individual who has purchased items at a fund-raising affair, if the cumulative value of items purchased by such individual does not exceed fifty dollars, or the name of any individual who has donated food or beverages for a meeting. Any campaign treasurer shall not be required to report any receipts or expenditures related to any de minimis donations described in subdivision (17) of subsection (b) of section 9-601a, as amended by this act.

(2) Each contributor described in subparagraph [(G), (H), (I) or (J)] (F), (G), (H) or (I) of subdivision (1) of this subsection shall, at the time the contributor makes such a contribution, provide the information which the campaign treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, any contributor described in subparagraph [(G)] (F) of subdivision (1) of this subsection who does not provide such information at the time the contributor makes such a contribution and any treasurer shall not be subject to the provisions of subdivision (2) of section 9-7b. If a campaign treasurer receives a contribution from an individual which separately, or in the aggregate, is in excess of one thousand dollars and the contributor has not provided the information required by said subparagraph [(H)] (G) or if a campaign treasurer receives a contribution from an individual to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough, which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph [(J)] (I), the campaign treasurer: (i) Within three business days after receiving the contribution, shall send a request for such information to the contributor by certified mail, return receipt requested; (ii) shall not deposit the contribution until the campaign treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and (iii) shall return the contribution to the contributor if the contributor does not provide the required information within fourteen days after the treasurer's written request or the end of the reporting period in which the contribution was received, whichever is later. Any failure of a contributor to provide the information which the campaign treasurer is required to include under said subparagraph [(G) or (I)] (F) or (H), which results in noncompliance by the campaign treasurer with the provisions of said subparagraph [(G) or (I)] (F) or (H), shall be a complete defense to any action against the campaign treasurer for failure to disclose such information.

(3) In addition to the requirements of subdivision (2) of this subsection, each contributor who makes a contribution to a candidate or exploratory committee for Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative, any political committee established or controlled by such candidates or authorized to make contributions to such candidates or committees, and any party committee that separately, or in the aggregate, exceeds fifty dollars shall provide with the contribution: [a certification that the contributor is not a principal of a state contractor or prospective state contractor, as defined in subsection (g) of section 9-612, nor a communicator lobbyist or a member of the immediate family of a communicator lobbyist and shall provide the name of the employer of the contributor] (A) The name of the contributor's employer, (B) whether the contributor is a "communicator lobbyist", as defined in section 1-91, or an immediate family member of a communicator lobbyist, (C) whether the contributor is a "state contractor" or "principal of a state contractor or prospective state contractor", as such terms are defined in section 9-612, and (D) a certification that the contributor is not prohibited from making a contribution to such candidate or committee pursuant to subsection (g) of section 9-610 and subsection (g) of section 9-612. The State Elections Enforcement Commission shall prepare a sample form for such certification by the contributor and shall make it available to campaign treasurers and contributors. Such sample form shall include an explanation of the contribution prohibitions and exceptions contained in subsections (g) and (i) of section 9-610 and subsection (g) of section 9-612 in addition to an explanation of the terms "communicator lobbyist", [and] "principal of a state contractor or principal of a prospective state contractor", "immediate family member of a communicator lobbyist", "state contractor" and "prospective state contractor". The information on such sample form shall be included in any written solicitation conducted by any such committee. If a campaign treasurer receives such a contribution and the contributor has not provided such certification, the campaign treasurer shall: [(A)] (i) Not later than three business days after receiving the contribution, send a request for the certification to the contributor by certified mail, return receipt requested; [(B)] (ii) not deposit the contribution until the campaign treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and [(C)] (iii) return the contribution to the contributor if the contributor does not provide the certification not later than fourteen days after the treasurer's written request or at the end of the reporting period in which the contribution was received, whichever is later. No treasurer shall be required to obtain and keep more than one certification from each contributor, unless information certified to by the contributor, other than the amount contributed, changes. If a campaign treasurer deposits a contribution based on a certification that is later determined to be false, the treasurer shall [not be in violation of this subdivision] have a complete defense to any action against such campaign treasurer for the receipt of such contribution. Such defense shall not be available to a campaign treasurer who knew or had reason to know that the certification was false prior to depositing such contribution.

(4) Contributions from a single individual to a campaign treasurer in the aggregate totaling fifty dollars or less need not be individually identified in the statement, but a sum representing the total amount of all such contributions made by all such individuals during the period to be covered by such statement shall be a separate entry, identified only by the words "total contributions from small contributors".

(5) Each statement filed by the campaign treasurer of a party committee, a legislative caucus committee or a legislative leadership committee shall include an itemized accounting of each organization expenditure made by the committee. Concomitant with the filing of any such statement containing an accounting of an organization expenditure made by the committee for the benefit of [a participating] any candidate for the office of state senator, [or] state representative, Governor, Lieutenant Governor, Attorney General, Secretary of the State, State Comptroller or State Treasurer such campaign treasurer shall provide notice of [the amount and purpose of] the organization expenditure to the candidate committee of such candidate.

(6) In addition to the other applicable requirements of this section, the campaign treasurer of a candidate committee of [a participating] any candidate for the office of state senator, [or] state representative, Governor, Lieutenant Governor, Attorney General, Secretary of the State, State Comptroller or State Treasurer who has received the benefit of any organization expenditure shall, not later than the time of dissolving such committee, file a statement with the State Elections Enforcement Commission that lists, if known to such candidate committee, the committee which made such organization expenditure for such candidate's behalf. [and the amount and purpose of such organization expenditure.]

(7) Statements filed in accordance with this section shall remain public records of the state for five years from the date such statements are filed.

(d) At the time of filing statements required under this section, the campaign treasurer of each candidate committee shall send to the candidate a duplicate statement and the campaign treasurer of each party committee and each political committee other than an exploratory committee shall send to the chairman of the committee a duplicate statement. Each statement required to be filed with the commission under this section, [and subsection (g) of section 9-610,] subsection (e) of section 9-612, section 9-706, as amended by this act, or section 9-712, as amended by this act, shall be deemed to be filed in a timely manner if: (1) For a statement filed as a hard copy, including, but not limited to, a statement delivered by the United States Postal Service, courier service, parcel service or hand delivery, the statement is received by the commission by five o'clock p.m. on the day the statement is required to be filed, (2) for a statement authorized by the commission to be filed electronically, including, but not limited to, a statement filed via electronic mail, facsimile machine, a web-based program created by the commission or other electronic means, the statement is transmitted to the commission by midnight on the day the statement is required to be filed, or (3) for a statement required to be filed pursuant to subsection (e) of section 9-612, section 9-706, as amended by this act, or section 9-712, as amended by this act, by the deadline specified in each such section. Any other filing required pursuant to this section shall be deemed to be filed in a timely manner if it is delivered by hand to the office of the proper authority before four-thirty o'clock p.m. or postmarked by the United States Postal Service before midnight on the required filing day. If the day for any such filing falls on a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day thereafter.

(e) (1) Notwithstanding any provisions of this chapter, in the event of a surplus the campaign treasurer of a candidate committee or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall distribute or expend such surplus not later than [ninety] one hundred twenty days after a primary which results in the defeat of the candidate, an election or referendum not held in November or by [January] March thirty-first following an election or referendum held in November, in the following manner:

(A) Such committees may distribute their surplus to a party committee, or a political committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, distribute all or any part of such surplus to the Citizens' Election Fund established in section 9-701 or distribute such surplus to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, provided (i) no candidate committee may distribute such surplus to a committee which has been established to finance future political campaigns of the candidate, and (ii) a candidate committee which received moneys from the Citizens' Election Fund shall distribute such surplus to such fund; [, and (iii) a candidate committee for a nonparticipating candidate, as described in subsection (b) of section 9-703, may only distribute any such surplus to the Citizens' Election Fund or to a charitable organization;]

(B) Each such political committee established by an organization which received its funds from the organization's treasury shall return its surplus to its sponsoring organization;

(C) (i) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which does not receive contributions from a business entity or an organization, shall distribute its surplus to a party committee, to a political committee organized for ongoing political activities, to a national committee of a political party, to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies or to any organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. (ii) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which receives contributions from a business entity or an organization, shall distribute its surplus to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies, or to any organization which is tax-exempt under said provisions of the Internal Revenue Code. Notwithstanding the provisions of this subsection, a committee formed for a single referendum shall not be required to expend its surplus not later than ninety days after the referendum and may continue in existence if a substantially similar referendum question on the same issue will be submitted to the electorate within six months after the first referendum. If two or more substantially similar referenda on the same issue are submitted to the electorate, each no more than six months apart, the committee shall expend such surplus within ninety days following the date of the last such referendum;

(D) The campaign treasurer of the candidate committee of a candidate who is elected to office may, upon the authorization of such candidate, expend surplus campaign funds to pay for the cost of clerical, secretarial or other office expenses necessarily incurred by such candidate in preparation for taking office; except such surplus shall not be distributed for the personal benefit of any individual or to any organization; [and]

(E) The campaign treasurer of a candidate committee, or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall, prior to the dissolution of such committee, either (i) distribute any equipment purchased, including, but not limited to, computer equipment, to any recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased, including but not limited to computer equipment, to any person for fair market value and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A); 

(F) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, provide a post-primary thank you meal or a post-election thank you meal for committee workers, provided such meal (i) occurs not later than fourteen days after the applicable election or primary day, and (ii) the cost for such meal does not exceed the limits established by the commission pursuant to regulation;

(G) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, make payment to a campaign treasurer for services rendered to the candidate committee, provided such payment does not exceed one thousand dollars; and 

(H) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, utilize grant funds received by such candidate committee from the Citizens' Election Fund for the purpose of complying with any audit conducted by the State Elections Enforcement Commission pursuant to subdivision (5) of subsection (a) of section 9-7b.

(2) Notwithstanding any provisions of this chapter, the campaign treasurer of the candidate committee of a candidate who has withdrawn from a primary or election may, prior to the primary or election, distribute its surplus to any organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or return such surplus to all contributors to the committee on a prorated basis of contribution.

(3) Not later than seven days after such distribution or not later than seven days after all funds have been expended in accordance with subparagraph (D) of subdivision (1) of this subsection, the campaign treasurer shall file a supplemental statement, sworn under penalty of false statement, with the proper authority, identifying all further contributions received since the previous statement and explaining how any surplus has been distributed or expended in accordance with this section. No surplus may be distributed or expended until after the election, primary or referendum.

(4) In the event of a deficit, the campaign treasurer shall file a supplemental statement ninety days after an election, primary or referendum not held in November or on the seventh calendar day in February, or the next business day if such day is a Saturday, Sunday or legal holiday, after an election or referendum held in November, with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in the deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file such supplemental statements as required until the deficit is eliminated. If any such committee does not have a surplus or a deficit, the statement required to be filed not later than forty-five days following any election or referendum not held in November or on the seventh calendar day in January, or the next business day if such day is a Saturday, Sunday or legal holiday, following an election or referendum held in November, or not later than thirty days following any primary shall be the last required statement.

Sec. 9. Subsection (a) of section 9-621 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(a) No individual shall make or incur any expenditure with the cooperation of, at the request or suggestion of, or in consultation with any candidate, candidate committee or candidate's agent, and no candidate or committee shall make or incur any expenditure including an organization expenditure for a party candidate listing, as defined in subparagraph (A) of subdivision (25) of section 9-601, as amended by this act, for any written, typed or other printed communication, or any web-based, written communication, which promotes the success or defeat of any candidate's campaign for nomination at a primary or election or solicits funds to benefit any political party or committee unless such communication bears upon its face (1) the words "paid for by" and the following: (A) In the case of such an individual, the name and address of such individual; (B) in the case of a committee other than a party committee, the name of the committee and its campaign treasurer; or (C) in the case of a party committee, the name of the committee, and (2) the words "approved by" and the following: (A) In the case of an individual making or incurring an expenditure with the cooperation of, at the request or suggestion of, or in consultation with any candidate, candidate committee or candidate's agent, the name of such individual; or (B) in the case of a candidate committee or exploratory committee, the name of the candidate. 

Sec. 10. Subsections (b) and (c) of section 9-702 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) Any such candidate committee is eligible to receive such grants for a primary campaign, if applicable, and a general election campaign if (1) the candidate certifies as a participating candidate under section 9-703, as amended by this act, (2) the candidate's candidate committee receives the required amount of qualifying contributions under section 9-704, as amended by this act, (3) the candidate's candidate committee returns all contributions that do not meet the criteria for qualifying contributions under section 9-704, as amended by this act, or transmits such contributions to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund, (4) the candidate agrees to limit the campaign expenditures of the candidate's candidate committee in accordance with the provisions of subsection (c) of this section, and (5) the candidate submits an application and the commission approves the application in accordance with the provisions of section 9-706, as amended by this act.

(c) A candidate participating in the Citizens' Election Program shall limit the expenditures of the candidate's candidate committee (A) before a primary campaign and a general election campaign, to the amount of qualifying contributions permitted in section [9-705] 9-704, as amended by this act, and any personal funds provided by the candidate under subsection (c) of section 9-710, (B) for a primary campaign, to the sum of (i) the amount of such qualifying contributions and personal funds that have not been spent before the primary campaign, (ii) the amount of the grant for the primary campaign authorized under section 9-705, as amended by this act, and (iii) the amount of any additional moneys for the primary campaign authorized under section 9-713 or 9-714, and (C) for a general election campaign, to the sum of (i) the amount of such qualifying contributions and personal funds that have not been spent before the general election campaign, (ii) any unexpended funds from any grant for a primary campaign authorized under section 9-705, as amended by this act, or from any additional moneys for a primary campaign authorized under section 9-713 or 9-714, (iii) the amount of the grant for the general election campaign authorized under section 9-705, as amended by this act, and (iv) the amount of any additional moneys for the general election campaign authorized under section 9-713 or 9-714. The candidate committee of a minor or petitioning party candidate who has received a general election campaign grant from the fund pursuant to section 9-705, as amended by this act, shall be permitted to receive contributions in addition to the qualifying contributions subject to the limitations and restrictions applicable to participating candidates for the same office, provided such minor or petitioning party candidate shall limit the expenditures of the candidate committee for a general election campaign to the sum of the qualifying contributions and personal funds, the amount of the general election campaign grant received and the amount raised in additional contributions that is equivalent to the difference between the amount of the applicable general election campaign grant for a major party candidate for such office and the amount of the general election campaign grant received by such minor or petitioning party candidate.

Sec. 11. Subsection (a) of section 9-703 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(a) Each candidate for nomination or election to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, shall file an affidavit with the State Elections Enforcement Commission. The affidavit shall include a written certification that the candidate either intends to abide by the expenditure limits under the Citizens' Election Program set forth in subsection (c) of section 9-702, as amended by this act, or does not intend to abide by said limits. If the candidate intends to abide by said limits, the affidavit shall also include written certifications (1) that the campaign treasurer of the candidate committee for said candidate shall expend any moneys received from the Citizens' Election Fund in accordance with the provisions of subsection (g) of section 9-607 and regulations adopted by the State Elections Enforcement Commission under subsection (e) of section 9-706, as amended by this act, (2) that the candidate shall repay to the fund any such moneys that are not expended in accordance with subsection (g) of said section 9-607 and said regulations, (3) that the candidate and the campaign treasurer shall comply with the provisions of subdivision (1) of subsection (a) of section 9-711, and (4) stating the candidate's status as a major party, minor party or petitioning party candidate and, in the case of a major party or minor party candidate, the name of such party. The written certification described in subdivision (3) of this subsection shall be made by both the candidate and the campaign treasurer of the candidate committee for said candidate. A candidate for nomination or election to any such office shall file such affidavit not later than four o'clock p.m. on the twenty-fifth day before the day of a primary, if applicable, or on the fortieth day before the day of the election for such office, except that in the case of a special election for the office of state senator or state representative, the candidate shall file such affidavit not later than four o'clock p.m. on the twenty-fifth day before the day of such special election. Notwithstanding the provisions of this subsection, a candidate who is not required to form a candidate committee pursuant to subdivision (3) or (4) of subsection (b) of section 9-604, who files a certification with the State Elections Enforcement Commission pursuant to subsection (c) of section 9-603 and who does not intend to participate in the Citizens' Election Program, shall not be required to file such affidavit of intent not to abide by the expenditure limits. Any such candidate shall be referred to as a nonparticipating candidate, in accordance with subsection (b) of this section.

Sec. 12. Section 9-704 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(a) The amount of qualifying contributions that the candidate committee of a candidate shall be required to receive in order to be eligible for grants from the Citizens' Election Fund shall be:

(1) In the case of a candidate for nomination or election to the office of Governor, contributions from individuals in the aggregate amount of two hundred fifty thousand dollars, of which two hundred twenty-five thousand dollars or more is contributed by individuals residing in the state. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return or transmit to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund at the time of submitting the grant application the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating such amounts, [and] (B) the candidate committee or exploratory committee of a candidate for such office shall submit to the State Elections Enforcement Commission documentation demonstrating that any contribution or contributions meet the criteria for qualifying contributions on or about the time that such committee files the financial disclosure statement pursuant to subsection (a) of section 9-608, as amended by this act, and (C) all contributions received by (i) an exploratory committee established by said candidate, or (ii) an exploratory committee or candidate committee of a candidate for the office of Lieutenant Governor who is deemed to be jointly campaigning with a candidate for nomination or election to the office of Governor under subsection (a) of section 9-709, which meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating such amounts; and

(2) In the case of a candidate for nomination or election to the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State, contributions from individuals in the aggregate amount of seventy-five thousand dollars, of which sixty-seven thousand five hundred dollars or more is contributed by individuals residing in the state. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return or transmit to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund at the time of submitting the grant application the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating such amounts, [and] (B) the candidate committee or exploratory committee of a candidate for such office shall submit to the State Elections Enforcement Commission documentation demonstrating that any contribution or contributions meet the criteria for qualifying contributions on or about the time that the committee files the financial disclosure statement pursuant to subsection (a) of section 9-608, as amended by this act, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating such amounts.

(3) In the case of a candidate for nomination or election to the office of state senator for a district, contributions from individuals in the aggregate amount of fifteen thousand dollars, including contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in said district. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return or transmit to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund at the time of submitting the grant application the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement.

(4) In the case of a candidate for nomination or election to the office of state representative for a district, contributions from individuals in the aggregate amount of five thousand dollars, including contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in said district. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return or transmit to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund at the time of submitting the grant application the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement.

(5) Notwithstanding the provisions of subdivisions (3) and (4) of this subsection, in the case of a special election for the office of state senator or state representative for a district, (A) the aggregate amount of qualifying contributions that the candidate committee of a candidate for such office shall be required to receive in order to be eligible for a grant from the Citizens' Election Fund shall be seventy-five per cent or more of the corresponding amount required under the applicable said subdivision (3) or (4), and (B) the number of contributions required from individuals residing in municipalities included, in whole or in part, in said district shall be seventy-five per cent or more of the corresponding number required under the applicable said subdivision (3) or (4).

(b) Each individual who makes a contribution of more than fifty dollars to a candidate committee established to aid or promote the success of a participating candidate for nomination or election shall include with the contribution a certification that contains the same information described in subdivision (3) of subsection (c) of section 9-608, as amended by this act, and shall follow the same procedure prescribed in said subsection.

(c) The following shall not be deemed to be qualifying contributions under subsection (a) of this section and shall be returned by the campaign treasurer of the candidate committee to the contributor or transmitted to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund:

(1) A contribution from a communicator lobbyist or a member of the immediate family of a communicator lobbyist;

(2) A contribution from a principal of a state contractor or prospective state contractor;

(3) A contribution of less than five dollars, and a contribution of five dollars or more from an individual who does not provide the full name and complete address of the individual; [and]

(4) A contribution under subdivision (1) or (2) of subsection (a) of this section from an individual who does not reside in the state, in excess of the applicable limit on contributions from out-of-state individuals in subsection (a) of this section; and

(5) A contribution made by an individual who is less than twelve years of age.

(d) After a candidate committee receives the applicable aggregate amount of qualifying contributions under subsection (a) of this section, the candidate committee shall transmit any additional contributions that it receives to the State Treasurer for deposit in the Citizens' Election Fund.

(e) As used in this section, (1) "communicator lobbyist" has the same meaning as provided in section 1-91, (2) "immediate family" means the spouse or a dependent child of an individual, [and] (3) "principal of a state contractor or prospective state contractor" has the same meaning as provided in subsection (g) of section 9-612, and (4) "individual" shall include a sole proprietorship. 

Sec. 13. Subsection (j) of section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on or after said date):

(j) Notwithstanding the provisions of subsections (a) to (i), inclusive, of this section:

(1) The initial grant that a qualified candidate committee for a candidate is eligible to receive under subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any personal funds that the candidate provides for the candidate's campaign for nomination or election pursuant to subsection (c) of section 9-710;

(2) If a participating candidate is nominated at a primary and does not expend the entire grant for the primary campaign authorized under subsection (a), (b), (e) or (f) of this section or all moneys that may be received for the primary campaign under section 9-713 or 9-714, the amount of the grant for the general election campaign shall be reduced by the total amount of any such unexpended primary campaign grant and moneys;

(3) If a participating candidate who is nominated for election does not have any opponent in the general election campaign, the amount of the general election campaign grant for which the qualified candidate committee for said candidate shall be eligible shall be thirty per cent of the applicable amount set forth in subsections (a) to (i), inclusive, [; and] of this section;

(4) If the only opponent or opponents of a participating candidate who is nominated for election to an office are eligible minor party candidates or eligible petitioning party candidates and no such eligible minor party candidate's or eligible petitioning party candidate's candidate committee has received a total amount of contributions of any type that is equal to or greater than the amount of the qualifying contributions that a candidate for such office is required to receive under section 9-704, as amended by this act, to be eligible for grants from the Citizens' Election Fund, the amount of the general election campaign grant for such participating candidate shall be sixty per cent of the applicable amount set forth in this section; and

(5) The amount of the primary grant or general election campaign grant for a qualified candidate committee shall be reduced, pursuant to the provisions of this subdivision, if such candidate committee has control and custody over lawn signs from any prior election or primary in the following applicable amount: (A) Five hundred or more lawn signs for the qualified candidate committee of a candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (B) one hundred or more lawn signs for the qualified candidate committee of a candidate for the office of state senator, or (C) fifty or more lawn signs for the qualified candidate committee of a candidate for the office of state representative. If such qualified candidate committee has custody and control over lawn signs in the applicable amount, as described in this subdivision, the grant from the fund for the primary campaign or general election campaign, as applicable, for such qualified candidate committee shall be reduced as follows: (i) Two thousand five hundred dollars for the qualified candidate committee of a candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, (ii) five hundred dollars for the qualified candidate committee of a candidate for the office of state senator, or (iii) two hundred fifty dollars for the qualified candidate committee of a candidate for the office of state representative. In no event shall such a reduction be made both to a qualified candidate committee's primary campaign grant and to such candidate committee's general election grant. No reduction in either the primary campaign or general election campaign for a qualified candidate committee's grant shall be taken for any lawn sign that is not in the custody or control of the qualified candidate committee. Nothing in this subdivision shall be construed to apply to any item other than lawn signs.

Sec. 14. Subsections (b) to (g), inclusive, of section 9-706 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) The application shall include a written certification that:

(1) The candidate committee has received the required amount of qualifying contributions;

(2) The candidate committee has repaid all moneys borrowed on behalf of the campaign, as required by subsection (b) of section 9-710;

(3) The candidate committee has returned any contribution of five dollars or more from an individual who does not include the individual's name and address with the contribution;

(4) The candidate committee has returned or transmitted to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund all contributions or portions of contributions that do not meet the criteria for qualifying contributions under section 9-704, as amended by this act, and transmitted all excess qualifying contributions to the Citizens' Election Fund;

(5) The campaign treasurer of the candidate committee will: (A) Comply with the provisions of chapters 155 and 157, and (B) maintain and furnish all records required pursuant to chapters 155 and 157 and any regulation adopted pursuant to such chapters;

(6) All moneys received from the Citizens' Election Fund will be deposited upon receipt into the depository account of the candidate committee;

(7) The campaign treasurer of the candidate committee will expend all moneys received from the fund in accordance with the provisions of subsection (g) of section 9-607 and regulations adopted by the State Elections Enforcement Commission under subsection (e) of this section; [and]

(8) If the candidate withdraws from the campaign, becomes ineligible or dies during the campaign, the candidate committee of the candidate will return to the commission, for deposit in the fund, all moneys received from the fund pursuant to sections 9-700 to 9-716, inclusive, which said candidate committee has not spent as of the date of such occurrence; and

(9) Indicates whether or not the candidate committee has custody and control over the applicable number of lawn signs from a prior election or primary that would result in a reduction of such candidate committee's grant from the fund for the primary campaign or general election campaign, as provided in section 9-705, as amended by this act.

(c) The application shall be accompanied by a cumulative itemized accounting of all funds received, expenditures made and expenses incurred but not yet paid by the candidate committee as of three days [before the applicable application deadline contained in subsection (g) of this section] preceding the day the application is filed. Such accounting shall be sworn to under penalty of false statement by the campaign treasurer of the candidate committee. The commission shall prescribe the form of the application and the cumulative itemized accounting. The form for such accounting shall conform to the requirements of section 9-608, as amended by this act. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.

(d) In accordance with the provisions of subsection (g) of this section, the commission shall review the application, determine whether (1) the candidate committee for the applicant has received the required qualifying contributions, (2) in the case of an application for a grant from the fund for a primary campaign, the applicant has met the applicable condition under subsection (a) of this section for applying for such grant and complied with the provisions of subsections (b) and (c) of this section, (3) in the case of an application for a grant from the fund for a general election campaign, the applicant has met the applicable condition under subsection (a) of this section for applying for such moneys and complied with the provisions of subsections (b) and (c) of this section, and (4) in the case of an application by a minor party or petitioning party candidate for a grant from the fund for a general election campaign, the applicant qualifies as an eligible minor party candidate or an eligible petitioning party candidate, whichever is applicable. If the commission approves an application, the commission shall determine the amount of the grant payable to the candidate committee for the applicant pursuant to section 9-705, as amended by this act, from the fund, and notify the State Comptroller and the candidate of such candidate committee, of such amount. If the timing of the commission's approval of the grant in relation to the Secretary of the State's determination of ballot status is such that the commission cannot determine whether the qualified candidate committee is entitled to the applicable full initial grant for the primary or election or the applicable partial grant for the primary or election, as the case may be, the commission shall approve the lesser applicable partial initial grant. The commission shall then authorize the payment of the remaining portion of the applicable grant after the commission has knowledge of the circumstances regarding the ballot status of the opposing candidates in such primary or election. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of any such approved amount to the qualified candidate committee from the fund. If the commission rejects an application for other than an applicant's substantial noncompliance with the applicable requirements and conditions for applying for either a grant from the fund for a primary campaign or a grant from the fund for a general election campaign, such applicant may, in accordance with the schedule described in subsection (g) of this section, submit a reformed application that corrects each defect of the rejected application, as identified by the commission. The commission shall review any such reformed application in the same manner as an application filed with the commission for the first time.

(e) The State Elections Enforcement Commission shall adopt regulations, in accordance with the provisions of chapter 54, on permissible expenditures under subsection (g) of section 9-607 for qualified candidate committees receiving grants from the fund under sections 9-700 to 9-716, inclusive.

(f) If a nominated participating candidate dies, withdraws the candidate's candidacy or becomes disqualified to hold the office for which the candidate has been nominated after the commission approves the candidate's application for a grant under this section, the candidate committee of the candidate who is nominated to replace said candidate pursuant to section 9-460 shall be eligible to receive grants from the fund without complying with the provisions of section 9-704, as amended by this act, if said replacement candidate files an affidavit under section 9-703, as amended by this act, certifying the candidate's intent to abide by the expenditure limits set forth in subsection (c) of section 9-702, as amended by this act, and notifies the commission on a form prescribed by the commission.

(g) (1) Any application submitted pursuant to this section for a primary or general election shall be submitted in accordance with the following schedule: (A) By five o'clock p.m. on the third Thursday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election, or (B) by five o'clock p.m. on any subsequent Thursday of such year, provided no application shall be accepted by the commission after five o'clock p.m. on or after the fourth to last Friday prior to the primary or election at which such participating candidate will seek nomination or election. Not later than four business days following any such Thursday or Friday, as applicable, for participating candidates seeking nomination or election to the office of state senator or state representative, or, ten business days following any such Thursday or Friday, as applicable, for participating candidates seeking nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as is practicable, the commission shall review any application received by such Thursday or Friday, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved, except if an application for a general election grant is received during the seven calendar days preceding the last primary application deadline, as set forth in this subsection, such application shall be reviewed not later than ten business days or four business days, as applicable, after the first application deadline following the last primary application deadline. The commission may continue the review of any application without prejudice and shall, in any event, determine whether such application shall be approved or disapproved at the next meeting of the commission, provided the applicant shall submit any missing or incomplete information in support of such application by not later than five o'clock p.m. on the second business day preceding such next meeting of the commission. For any such application that is approved, any disbursement of funds shall be made not later than twelve business days prior to any such primary or general election. From the third week of June in even-numbered years until the third week in July, the commission shall meet twice weekly to determine whether or not to approve applications for grants if there are pending grant applications.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, no application for a special election shall be accepted by the commission after five o'clock p.m. on or after ten business days prior to the special election at which such participating candidate will seek election. Not later than three business days following such deadline, or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as practicable, the commission shall review any such application received by such deadline, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of funds shall be made not later than seven business days prior to any such special election.

(3) The commission shall publish such application review schedules and meeting schedules on the commission's web site and with the Secretary of the State. 

Sec. 15. Section 9-712 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

[(a) (1) If a candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate initially receives contributions, loans or other funds or makes or incurs an obligation to make, an expenditure that, in the aggregate, exceeds ninety per cent of the applicable expenditure limit for the applicable primary or general election period, the campaign treasurer of the candidate committee receiving such contributions, loans or other funds or making or incurring the obligation to make the excess expenditure shall file a supplemental campaign finance statement with the State Elections Enforcement Commission in accordance with the provisions of subdivision (2) of this subsection.

(2) If a candidate committee receives contributions, loans or other funds, or makes or incurs an obligation to make an expenditure that, in the aggregate, exceeds ninety per cent of the applicable expenditure limit for the applicable primary or general election campaign period more than twenty days before the day of such primary or election, the campaign treasurer of said candidate shall file an initial supplemental campaign finance disclosure statement with the commission not later than forty-eight hours after receiving such contributions, loans or other funds, or making or incurring such expenditure. If said candidate committee receives contributions, loans or other funds, or makes or incurs an obligation to make expenditures, that, in the aggregate, exceed ninety per cent of the applicable expenditure limit for the applicable primary or general election campaign period twenty days or less before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than twenty-four hours after receiving such contributions, loans or funds, or making or incurring such expenditure.

(3) After the initial filing of a statement under subdivisions (1) and (2) of this subsection, the campaign treasurer of the candidate filing the statement and the campaign treasurer of all of the opposing candidates shall file periodic supplemental campaign finance statements with the commission on the following schedule: (A) If the date of the applicable primary or general election is more than five weeks after the date the initial supplemental campaign finance disclosure statement is due to be filed in accordance with subdivisions (1) and (2) of this subsection, periodic supplemental campaign finance statements shall be filed bi-weekly on every other Thursday, beginning the second Thursday after the initial statement is filed; and (B) if the date of the applicable primary election or general election is five weeks or less away, periodic supplemental campaign finance statements shall be filed: (i) In the case of a primary campaign, on the first Thursday following the date in July on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-608, or the first Thursday following the supplemental campaign finance statement filed under subdivisions (1) and (2) of this subsection, whichever is later, and each Thursday thereafter until the Thursday before the day of the primary, inclusive, and (ii) in the case of a general election campaign, on the first Thursday following the date in October on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-608, or the first Thursday following the supplemental campaign finance statement filed under subdivision (1) of this subsection, whichever is later, and each Thursday thereafter until the Thursday after the day of the election, inclusive.]

(a) (1) The campaign treasurer of each candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate shall file weekly supplemental campaign finance statements with the State Elections Enforcement Commission in accordance with the provisions of subdivision (2) of this subsection. Such weekly statements shall be in lieu of the campaign finance statements due pursuant to subparagraphs (B) and (C) of subdivision (1) of subsection (a) of section 9-608, as amended by this act.

(2) Each such campaign treasurer shall file weekly supplemental campaign finance statements with the commission pursuant to the following schedule: (A) In the case of a primary campaign, on the next Thursday following the date in July on which treasurers are required to file campaign finance statements pursuant to subsection (a) of section 9-608, as amended by this act, and each Thursday thereafter up to and including the Thursday before the day of the primary, and (B) in the case of a general election campaign, on the next Thursday following the date in October on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-608, as amended by this act, and each Thursday thereafter up to and including the Thursday before the day of the election. Each statement shall be complete as of midnight of the second day preceding the required filing day. The statement shall cover the period beginning with the first day not included in the last filed statement.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, if a participating candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate makes expenditures or incurs an obligation to make expenditures that, in the aggregate, exceed one hundred per cent of the applicable expenditure limit for the applicable primary or general election campaign period, the campaign treasurer of the candidate committee making or incurring the obligation to make such excess expenditure or expenditures shall file a declaration of excess expenditures statement with the commission, pursuant to the following schedule: (A) If a candidate committee makes expenditures or incurs an obligation to make such expenditures more than twenty days before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than forty-eight hours after making such expenditures or incurring an obligation to make such expenditures, and (B) if a candidate committee makes such expenditures or incurs an obligation to make such expenditures twenty days or less before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than twenty-four hours after making such expenditures or incurring an obligation to make such expenditures. The statement shall be complete as of midnight of the first day immediately preceding the required filing day. The statement shall cover a period beginning with the first day not included in the last filed statement.

(4) Notwithstanding the provisions of subdivisions (1) [, (2) and (3)] and (2) of this subsection, if a nonparticipating candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate receives contributions, loans or other funds, or makes or incurs an obligation to make expenditures that, in the aggregate, exceed one hundred per cent, one hundred twenty-five per cent, one hundred fifty per cent, or one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, the campaign treasurer of the candidate committee receiving the contributions, incurring the loans or raising the funds, or making or incurring the obligation to make the excess expenditure or expenditures shall file a declaration of excess receipts or expenditures statement with the commission [, within the deadlines set forth in subdivision (2) of this subsection] pursuant to the following schedule: (A) If a candidate committee receives such contributions, loans or other funds, or makes expenditures or incurs an obligation to make such expenditures more than twenty days before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than forty-eight hours after receiving such contributions, loans or other funds, or making such expenditures or incurring an obligation to make such expenditures, and (B) if a candidate committee receives such contributions, loans or other funds, or makes such expenditures or incurs an obligation to make such expenditures twenty days or less before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than twenty-four hours after receiving such contributions, loans or funds, or making such expenditures or incurring an obligation to make such expenditures. The statement shall be complete as of midnight of the first day immediately preceding the required filing day. The statement shall cover a period beginning with the first day not included in the last filed statement.

(5) Each [supplemental] statement required under subdivision (1), (2), (3) or (4) of this subsection for a candidate shall disclose the name of the candidate, the name of the candidate's campaign committee and the total amount of campaign contributions, loans or other funds received, or expenditures made or obligated to be made by such candidate committee during the primary campaign or the general election campaign, whichever is applicable, [as of the day before the date on which such statement is required to be filed] and the information required under subsection (c) of section 9-608, as amended by this act. The commission shall adopt regulations, in accordance with the provisions of chapter 54, specifying permissible media for the transmission of such statements to the commission, which shall include electronic mail.

(6) Notwithstanding the provisions of this subsection, the statements required to be filed pursuant to subdivisions (1) and (2) of this subsection shall not be required to be filed by (A) a candidate committee of a nonparticipating candidate that has filed an exemption from filing campaign finance statements pursuant to subsection (b) of section 9-608, unless or until such candidate committee receives or expends an amount in excess of one thousand dollars for purposes of the primary or election for which such committee was formed, or (B) a candidate committee of a participating candidate that is unopposed, except that such candidate committee shall file a supplemental statement on the last Thursday before the applicable primary or general election. Such statement shall be complete as of midnight of the second day preceding the required filing day and shall cover a period beginning with the first day not included in the last filed statement.

(b) (1) As used in this section and section 9-713, "excess expenditure" means an expenditure made, or obligated to be made, by a nonparticipating or a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the amount of the applicable limit on expenditures for said participating candidates for said campaign and which is the sum of (A) the applicable qualifying contributions that the participating candidate is required to receive under section 9-704, as amended by this act, to be eligible for grants from the Citizens' Election Fund, and (B) one hundred per cent of the applicable full grant amount for a major party candidate authorized under section 9-705, as amended by this act, for the applicable campaign period.

(2) The commission shall confirm whether an expenditure described in a declaration filed under this subsection is an excess expenditure.

(c) If a campaign treasurer fails to file any statement or declaration required by this section within the time required, said campaign treasurer shall be subject to a civil penalty, imposed by the commission, of not more than one thousand dollars for the first failure to file the statement within the time required and not more than five thousand dollars for any subsequent such failure. 

Sec. 16. Subsection (a) of section 9-169g of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) The [town clerk] registrars of voters of any municipality (1) which is divided between two or more assembly districts, two or more senatorial districts or two or more congressional districts, or (2) which is not divided between any such districts but is divided into two or more voting districts for General Assembly or congressional elections, shall submit to the Secretary of the State a street map of the municipality which indicates the boundary lines of the voting districts established by the municipality in accordance with sections 9-169, 9-169a and 9-169d. The [town clerk] registrars of voters shall submit such map to the secretary in a printed or electronic format prescribed by the secretary (A) not later than thirty days after any such division first takes effect, and (B) not later than thirty days after any change in any such division takes effect. The Secretary of the State may impose a late filing fee of fifty dollars on each registrar of voters who fails to comply with the provisions of this subsection.

Sec. 17. Section 9-675 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Elections Enforcement Commission shall (1) create a [software] web-based program or programs for the preparation and electronic submission of financial disclosure statements required by section 9-608, and (2) prescribe the standard reporting format and specifications for other [software] programs created by vendors for such purpose. No [software] such program created by a vendor may be used for the electronic submission of such financial disclosure statements, until the commission determines that the program provides for the standard reporting format, and complies with the specifications, which are prescribed under subdivision (2) of this subsection for vendor [software] programs. The commission shall provide training in the use of [the software program or programs] any such program created by the commission.

(b) [The] On and after April 1, 2010, (1) the campaign treasurer of the candidate committee or exploratory committee for each candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, [or] Secretary of the State, state senator, state representative or judge of probate who raises or spends [two hundred fifty] five thousand dollars or more, [during an election campaign] (2) the campaign treasurer of any state central committee, legislative caucus committee or legislative leadership committee, (3) the campaign treasurer of any town committee or any political committee registered with the commission that (A) raises or spends five thousand dollars or more during the current calendar year, or (B) raised or spent five thousand dollars or more in the preceding regular election, and (4) any individual, or the campaign treasurer of any committee, that makes or obligates to make an independent expenditure or expenditures and that is required to file a report of such independent expenditure or expenditures in accordance with the provisions of subdivision (2) of subsection (e) of section 9-612 shall file [in electronic form] all financial disclosure statements required by section 9-608 by [either transmitting disks, tapes or other electronic storage media containing the contents of such statements to the State Elections Enforcement Commission or transmitting the statements on-line to said commission. Each such campaign treasurer shall use either (1) a software program created by the commission under subdivision (1) of subsection (a) of this section, for all such statements, or (2) another software program which provides for the standard reporting format, and complies with the specifications, which are prescribed by the commission under subdivision (2) of subsection (a) of this section, for all such statements. The commission shall accept any statement that uses any such software program. Once any such candidate committee has raised or spent two hundred fifty thousand dollars or more during an election campaign, all previously filed statements required by said section 9-608, which were not filed in electronic form shall be refiled in such form, using such a software program, not later than the date on which the campaign treasurer of the committee is required to file the next regular statement under said section 9-608] electronic submission pursuant to subsection (a) of this section.

(c) (1) The campaign treasurer of the candidate committee for any [other] candidate, as defined in section 9-601, who is required to file the financial disclosure statements required by section 9-608 with the commission but who has not reached the threshold set forth in subdivision (1) of subsection (b) of this section for required electronic submission, and (2) the campaign treasurer of any political committee or party committee, may file [in electronic form] any financial disclosure statements required by said section 9-608 by electronic submission pursuant to subsection (a) of this section. [Such filings may be made by either transmitting disks, tapes or other electronic storage media containing the contents of such statements to the proper authority under section 9-603 or transmitting the statements on-line to such proper authority. Each such campaign treasurer shall use either (A) a software program created by the commission under subdivision (1) of subsection (a) of this section, for all such statements filed in electronic form, or (B) another software program which provides for the standard reporting format, and complies with the specifications, which are prescribed by the commission under subdivision (2) of subsection (a) of this section, for all such statements filed in electronic form. The proper authority under section 9-603 shall accept any statement that uses any such software program.] 

 


This act shall take effect as follows and shall amend the following sections:
Section 1 from passage and applicable to primaries and elections held on and after said date 9-601(25)
Sec. 2 from passage and applicable to primaries and elections held on and after said date 9-601
Sec. 3 from passage and applicable to primaries and elections held on and after said date 9-601a(b)
Sec. 4 from passage 9-603(a)
Sec. 5 from passage and applicable to primaries and elections held on and after said date 9-606(b)
Sec. 6 from passage and applicable to primaries and elections held on and after said date 9-607
Sec. 7 from passage and applicable to primaries and elections held on and after said date 9-608(a)
Sec. 8 from passage and applicable to primaries and elections held on and after said date 9-608(c) to (e)
Sec. 9 from passage and applicable to primaries and elections held on and after said date 9-621(a)
Sec. 10 from passage and applicable to primaries and elections held on and after said date 9-702(b) and (c)
Sec. 11 from passage and applicable to primaries and elections held on and after said date 9-703(a)
Sec. 12 from passage and applicable to primaries and elections held on and after said date 9-704
Sec. 13 from passage and applicable to primaries and elections held on or after said date 9-705(j)
Sec. 14 from passage and applicable to primaries and elections held on and after said date 9-706(b) to (g)
Sec. 15 from passage and applicable to primaries and elections held on and after said date 9-712
Sec. 16 October 1, 2010 9-169g(a)
Sec. 17 from passage 9-675

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage and applicable to primaries and elections held on and after said date

9-601(25)

Sec. 2

from passage and applicable to primaries and elections held on and after said date

9-601

Sec. 3

from passage and applicable to primaries and elections held on and after said date

9-601a(b)

Sec. 4

from passage

9-603(a)

Sec. 5

from passage and applicable to primaries and elections held on and after said date

9-606(b)

Sec. 6

from passage and applicable to primaries and elections held on and after said date

9-607

Sec. 7

from passage and applicable to primaries and elections held on and after said date

9-608(a)

Sec. 8

from passage and applicable to primaries and elections held on and after said date

9-608(c) to (e)

Sec. 9

from passage and applicable to primaries and elections held on and after said date

9-621(a)

Sec. 10

from passage and applicable to primaries and elections held on and after said date

9-702(b) and (c)

Sec. 11

from passage and applicable to primaries and elections held on and after said date

9-703(a)

Sec. 12

from passage and applicable to primaries and elections held on and after said date

9-704

Sec. 13

from passage and applicable to primaries and elections held on or after said date

9-705(j)

Sec. 14

from passage and applicable to primaries and elections held on and after said date

9-706(b) to (g)

Sec. 15

from passage and applicable to primaries and elections held on and after said date

9-712

Sec. 16

October 1, 2010

9-169g(a)

Sec. 17

from passage

9-675

Statement of Legislative Commissioners: 

Clarified language in sections 3, 5 and 8(c)(3).

 

GAE Joint Favorable Subst.

GAE

Joint Favorable Subst.