General Assembly Raised Bill No. 6533
January Session, 2011 LCO No. 4188
*04188_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 6533
January Session, 2011
LCO No. 4188
*04188_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT CONCERNING THE CITIZENS' ELECTION PROGRAM AND CAMPAIGN FINANCE LAWS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 9-606 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):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, except in the case that a signed statement from the holders of such account indicates how such contribution should be allocated, in which case such contribution shall be allocated as directed in the statement. 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, unless otherwise directed by a signed statement. If a committee receives an anonymous contribution of more than fifteen dollars the campaign treasurer shall immediately remit the contribution to the State Treasurer. The State Treasurer shall deposit the contribution in the General Fund.
Sec. 2. Subsection (a) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):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, (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 statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such supplemental campaign finance statements shall satisfy the filing requirement under this subdivision, and (C) if the committee has made or received a contribution, organization expenditure or expenditure in connection with any other election, a primary or a referendum, on the seventh day preceding the election, primary or referendum, except that in the case of a candidate committee in a primary that is required to file statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such statements shall satisfy filing requirement under this subdivision. The statement shall be complete as of eleven fifty-nine o'clock p.m. 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] eleven fifty-nine o'clock p.m. 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. 3. Subsection (c) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or 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) 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) 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) for each business entity or person purchasing advertising space in a program for 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) 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) 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) 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) 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 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, and (ii) the date, location and a description of the affair.
(2) Each contributor described in subparagraph (G), (H), (I) or (J) 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) 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) 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), 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; 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), which results in noncompliance by the campaign treasurer with the provisions of said subparagraph (G) or (I), 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 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. 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 terms "communicator lobbyist" and "principal of a state contractor or principal of a 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) 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) not deposit the contribution until the campaign treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606; and (C) 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.
(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] candidate, [for the office of state senator or state representative,] 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] candidate [for the office of state senator or state representative] 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.
Sec. 4. Subsection (d) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(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 or section 9-712, as amended by this act, shall be deemed to be filed in a timely manner if: (1) For statements filed as hard copies, including, but not limited to, statements 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 statements authorized by the commission to be filed electronically, including, but not limited to, statements filed via dedicated electronic mail, dedicated facsimile machine, web-based programs created by the commission or other electronic means, the statement is transmitted to the commission not later than eleven fifty-nine o'clock p.m. of the filing deadline for such statement, or (3) for statements 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 or sub-section. Each statement required to be filed with the town clerk under 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] town clerk in accordance with the provisions of section 9-603 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 in accordance with the provisions of this subsection.
Sec. 5. Subsection (a) of section 9-703 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or 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, 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, (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 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 of said program. Any such candidate shall be referred to as a nonparticipating candidate, in accordance with subsection (b) of this section.
Sec. 6. Subsections (c) to (e), inclusive, of section 9-704 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(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 principal of a state contractor or prospective state contractor;
(2) 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]
(3) 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
(4) 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, "principal of a state contractor or prospective state contractor" has the same meaning as provided in subsection (g) of section 9-612, and "individual" shall include sole proprietorships.
Sec. 7. Subsection (c) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(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] immediately 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. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.
Sec. 8. Subsection (g) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(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 four business days or ten business days, as applicable, after the first general election application deadline following the last primary application deadline. 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. 9. Subsection (a) of section 9-712 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or 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.
(4) Notwithstanding the provisions of subdivisions (1), (2) and (3) of this subsection, if a 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.]
(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 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 subparagraph (A) of subdivision (1) of 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 subparagraph (A) of subdivision (1) of 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. The statement shall be complete as of eleven fifty-nine o'clock p.m. of the second day immediately 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 any such candidate committee 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 eleven fifty-nine o'clock p.m. 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 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 is exempt from filing campaign finance statements pursuant to subsection (b) of section 9-608, as amended by this act, unless or until such a 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 eleven fifty-nine o'clock p.m. of the second 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)] or (3) 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] 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.
Sec. 10. Section 9-718 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(a) Notwithstanding any provision of chapter 155 or this chapter, no state central committee shall make an organization expenditure for the benefit of a candidate for the office of Governor in an amount that exceeds fifty thousand dollars for the general election campaign.
(b) Notwithstanding any provision of chapter 155 or this chapter, no party committee, as defined in section 9-601, shall make an organization expenditure for the purposes described in subparagraph (A) of subdivision (25) of section 9-601 for the benefit of a candidate for the office of Governor for the primary campaign.
(c) Notwithstanding any provision of chapter 155 or this chapter, no state central committee shall make an organization expenditure for the benefit of a candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State in an amount that exceeds thirty five thousand dollars per candidate for the general election campaign.
(d) Notwithstanding any provision of chapter 155 or this chapter, no party committee shall make an organization expenditure for the purposes described in subparagraph (A) of subdivision (25) of section 9-601 for the benefit of a candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State for the primary campaign.
(e) Notwithstanding any provision of chapter 155 or this chapter, no town committee, shall make an organization expenditure for the benefit of a candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State in an amount that exceeds thirteen thousand five hundred dollars for the general election campaign.
[(a)] (f) Notwithstanding any provision of [the general statutes] chapter 155 or this chapter, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the benefit of a [participating] candidate [or the candidate committee of a participating candidate in the Citizens' Election Program] for the office of state senator in an amount that exceeds ten thousand dollars for the general election campaign.
[(b)] (g) Notwithstanding any provision of [the general statutes] chapter 155 or this chapter, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the purposes described in subparagraph (A) of subdivision (25) of section 9-601 for the benefit of a [participating] candidate [or the candidate committee of a participating candidate in the Citizens' Election Program] for the office of state senator for the primary campaign.
[(c)] (h) Notwithstanding any provision of [the general statutes] chapter 155 or this chapter, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the benefit of a [participating] candidate [or the candidate committee of a participating candidate in the Citizens' Election Program] for the office of state representative in an amount that exceeds three thousand five hundred dollars for the general election campaign.
[(d)] (i) Notwithstanding any provision of [the general statutes] chapter 155 or this chapter, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the purposes described in subparagraph (A) of subdivision (25) of section 9-601 for the benefit of a [participating] candidate [or the candidate committee of a participating candidate in the Citizens' Election Program] for the office of state representative for the primary campaign.
Sec. 11. Subsection (a) of section 9-603 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(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. 12. Subsection (b) of section 9-609 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(b) As used in this subsection, "testimonial affair" means an affair held in honor of an individual who holds, or who is or was a candidate for nomination or election to, an office subject to this chapter. No testimonial affair shall be held without the consent of such person. No testimonial affair shall be held for a candidate, or for an individual who holds any such office during the term of such office, except to raise funds on [his] the candidate's behalf, or on behalf of a party committee, for purposes authorized in this chapter. A testimonial affair which is held by an organization duly organized for charitable purposes shall be exempt from the provisions of this chapter. A testimonial affair which is held for an individual upon his retirement from public office shall also be exempt from the provisions of this chapter unless a deficit exists from any such individual's campaigns for election or nomination to an office subject to this chapter. Any fund-raising affair for any candidate or individual who holds any such office for any purposes other than those authorized in this chapter shall be prohibited. Any person who organizes such a fund-raising affair shall be in violation of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2012, and applicable to primaries and elections held on or after said date 9-606(b)
Sec. 2 January 1, 2012, and applicable to primaries and elections held on or after said date 9-608(a)
Sec. 3 January 1, 2012, and applicable to primaries and elections held on or after said date 9-608(c)
Sec. 4 January 1, 2012, and applicable to primaries and elections held on or after said date 9-608(d)
Sec. 5 January 1, 2012, and applicable to primaries and elections held on or after said date 9-703(a)
Sec. 6 January 1, 2012, and applicable to primaries and elections held on or after said date 9-704(c) to (e)
Sec. 7 January 1, 2012, and applicable to primaries and elections held on or after said date 9-706(c)
Sec. 8 January 1, 2012, and applicable to primaries and elections held on or after said date 9-706(g)
Sec. 9 January 1, 2012, and applicable to primaries and elections held on or after said date 9-712(a)
Sec. 10 January 1, 2012, and applicable to primaries and elections held on or after said date 9-718
Sec. 11 January 1, 2012, and applicable to primaries and elections held on or after said date 9-603(a)
Sec. 12 January 1, 2012, and applicable to primaries and elections held on or after said date 9-609(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2012, and applicable to primaries and elections held on or after said date
9-606(b)
Sec. 2
January 1, 2012, and applicable to primaries and elections held on or after said date
9-608(a)
Sec. 3
January 1, 2012, and applicable to primaries and elections held on or after said date
9-608(c)
Sec. 4
January 1, 2012, and applicable to primaries and elections held on or after said date
9-608(d)
Sec. 5
January 1, 2012, and applicable to primaries and elections held on or after said date
9-703(a)
Sec. 6
January 1, 2012, and applicable to primaries and elections held on or after said date
9-704(c) to (e)
Sec. 7
January 1, 2012, and applicable to primaries and elections held on or after said date
9-706(c)
Sec. 8
January 1, 2012, and applicable to primaries and elections held on or after said date
9-706(g)
Sec. 9
January 1, 2012, and applicable to primaries and elections held on or after said date
9-712(a)
Sec. 10
January 1, 2012, and applicable to primaries and elections held on or after said date
9-718
Sec. 11
January 1, 2012, and applicable to primaries and elections held on or after said date
9-603(a)
Sec. 12
January 1, 2012, and applicable to primaries and elections held on or after said date
9-609(b)
Statement of Purpose:
To amend campaign finance provisions to simplify the process for documenting qualifying contributions from individuals with joint checking accounts, to modify reporting requirements, to prohibit qualifying contributions from minors under the age of twelve and to allow qualifying contributions from sole proprietorships, to allow ten business days for review of grant applications for state-wide offices, to create filing exemption for candidates who certify they will spend less than one thousand dollars, to extend review period for grant applications during primary grant determination week and to add organization expenditure limits for state-wide offices.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]