| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING CHANGES TO THE PUBLIC FINANCING ACT AND OTHER ELECTION LAWS. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. Section 9-601 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 17 | 17 | | |
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| 18 | 18 | | As used in this chapter and chapter 157 and sections 16, 17 and 18 of this act: |
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| 19 | 19 | | |
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| 20 | 20 | | (1) "Committee" means a party committee, political committee or a candidate committee organized, as the case may be, for a single primary, election or referendum, or for ongoing political activities, to aid or promote the success or defeat of any political party, any one or more candidates for public office or the position of town committee member or any referendum question. |
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| 21 | 21 | | |
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| 22 | 22 | | (2) "Party committee" means a state central committee or a town committee. "Party committee" does not mean a party-affiliated or district, ward or borough committee which receives all of its funds from the state central committee of its party or from a single town committee with the same party affiliation. Any such committee so funded shall be construed to be a part of its state central or town committee for purposes of this chapter and chapter 157. |
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| 23 | 23 | | |
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| 24 | 24 | | (3) "Political committee" means (A) a committee organized by a business entity or organization, (B) persons other than individuals, or two or more individuals organized or acting jointly conducting their activities in or outside the state, (C) an exploratory committee, (D) a committee established by or on behalf of a slate of candidates in a primary for the office of justice of the peace, but does not mean a candidate committee or a party committee, (E) a legislative caucus committee, or (F) a legislative leadership committee. |
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| 25 | 25 | | |
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| 26 | 26 | | (4) "Candidate committee" means any committee designated by a single candidate, or established with the consent, authorization or cooperation of a candidate, for the purpose of a single primary or election and to aid or promote such candidate's candidacy alone for a particular public office or the position of town committee member, but does not mean a political committee or a party committee. For purposes of this chapter, "candidate committee" includes candidate committees for participating and nonparticipating candidates, unless the context of a provision clearly indicates otherwise. |
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| 27 | 27 | | |
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| 28 | 28 | | (5) "Exploratory committee" means a committee established by a candidate for a single primary or election (A) to determine whether to seek nomination or election to (i) the General Assembly, (ii) a state office, as defined in subsection (e) of section 9-610, or (iii) any other public office, and (B) if applicable, to aid or promote such candidate's candidacy for nomination to the General Assembly or any such state office. |
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| 29 | 29 | | |
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| 30 | 30 | | (6) "National committee" means the organization which according to the bylaws of a political party is responsible for the day-to-day operation of the party at the national level. |
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| 31 | 31 | | |
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| 32 | 32 | | (7) "Organization" means all labor organizations, (A) as defined in the Labor-Management Reporting and Disclosure Act of 1959, as from time to time amended, or (B) as defined in subdivision (9) of section 31-101, employee organizations as defined in subsection (d) of section 5-270 and subdivision (6) of section 7-467, bargaining representative organizations for teachers, any local, state or national organization, to which a labor organization pays membership or per capita fees, based upon its affiliation or membership, and trade or professional associations which receive their funds exclusively from membership dues, whether organized in or outside of this state, but does not mean a candidate committee, party committee or a political committee. |
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| 33 | 33 | | |
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| 34 | 34 | | (8) "Business entity" means the following, whether organized in or outside of this state: Stock corporations, banks, insurance companies, business associations, bankers associations, insurance associations, trade or professional associations which receive funds from membership dues and other sources, partnerships, joint ventures, private foundations, as defined in Section 509 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; trusts or estates; corporations organized under sections 38a-175 to 38a-192, inclusive, 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, and chapters 594 to 597, inclusive; cooperatives, and any other association, organization or entity which is engaged in the operation of a business or profit-making activity; but does not include professional service corporations organized under chapter 594a and owned by a single individual, nonstock corporations which are not engaged in business or profit-making activity, organizations, as defined in subdivision (7) of this section, candidate committees, party committees and political committees as defined in this section. For purposes of this chapter, corporations which are component members of a controlled group of corporations, as those terms are defined in Section 1563 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall be deemed to be one corporation. |
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| 35 | 35 | | |
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| 36 | 36 | | (9) "Individual" means a human being, a sole proprietorship, or a professional service corporation organized under chapter 594a and owned by a single human being. |
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| 37 | 37 | | |
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| 38 | 38 | | (10) "Person" means an individual, committee, firm, partnership, organization, association, syndicate, company trust, corporation, limited liability company or any other legal entity of any kind but does not mean the state or any political or administrative subdivision of the state. |
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| 39 | 39 | | |
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| 40 | 40 | | (11) "Candidate" means an individual who seeks nomination for election or election to public office whether or not such individual is elected, and for the purposes of this chapter and chapter 157, an individual shall be deemed to seek nomination for election or election if such individual has (A) been endorsed by a party or become eligible for a position on the ballot at an election or primary, or (B) solicited or received contributions, made expenditures or given such individual's consent to any other person to solicit or receive contributions or make expenditures with the intent to bring about such individual's nomination for election or election to any such office. "Candidate" also means a slate of candidates which is to appear on the ballot in a primary for the office of justice of the peace. For the purposes of sections 9-600 to 9-610, inclusive, and section 9-621, as amended by this act, "candidate" also means an individual who is a candidate in a primary for town committee members. |
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| 41 | 41 | | |
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| 42 | 42 | | (12) ["Campaign treasurer"] "Treasurer" means the individual appointed by a candidate or by the chairperson of a party committee or a political committee to receive and disburse funds on behalf of the candidate or committee. |
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| 43 | 43 | | |
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| 44 | 44 | | (13) "Deputy [campaign] treasurer" means the individual appointed by the candidate or by the chairperson of a committee to serve in the capacity of the [campaign] treasurer if the [campaign] treasurer is unable to perform the [campaign] treasurer's duties. |
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| 45 | 45 | | |
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| 46 | 46 | | (14) "Solicitor" means an individual appointed by a [campaign] treasurer of a committee to receive, but not to disburse, funds on behalf of the committee. |
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| 47 | 47 | | |
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| 48 | 48 | | (15) "Referendum question" means a question to be voted upon at any election or referendum, including a proposed constitutional amendment. |
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| 49 | 49 | | |
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| 50 | 50 | | (16) "Lobbyist" means a lobbyist, as defined in section 1-91, and "communicator lobbyist" means a communicator lobbyist, as defined in section 1-91, and "client lobbyist" means a client lobbyist, as defined in section 1-91. |
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| 51 | 51 | | |
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| 52 | 52 | | (17) "Business with which he is associated" means any business in which the contributor is a director, officer, owner, limited or general partner or holder of stock constituting five per cent or more of the total outstanding stock of any class. Officer refers only to the president, executive or senior vice-president or treasurer of such business. |
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| 53 | 53 | | |
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| 54 | 54 | | (18) "Agent" means a person authorized to act for or in place of another. |
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| 55 | 55 | | |
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| 56 | 56 | | (19) "Entity" means the following, whether organized in this or any other state: An organization, corporation, whether for-profit or not-for-profit, cooperative association, limited partnership, professional association, limited liability company [,] and limited liability partnership, including a client lobbyist, as defined in section 1-91. |
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| 57 | 57 | | |
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| 58 | 58 | | (20) "Federal account" means a depository account that is subject to the disclosure and contribution limits provided under the Federal Election Campaign Act of 1971, as amended from time to time. |
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| 59 | 59 | | |
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| 60 | 60 | | (21) "Public funds" means funds belonging to, or under the control of, the state or a political subdivision of the state. |
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| 61 | 61 | | |
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| 62 | 62 | | (22) "Legislative caucus committee" means a committee established under subdivision (2) of subsection (e) of section 9-605 by the majority of the members of a political party who are also state representatives or state senators. |
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| 63 | 63 | | |
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| 64 | 64 | | (23) "Legislative leadership committee" means a committee established under subdivision (3) of subsection (e) of section 9-605 by a leader of the General Assembly. |
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| 65 | 65 | | |
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| 66 | 66 | | (24) "Immediate family" means the spouse or a dependent child of an individual. |
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| 67 | 67 | | |
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| 68 | 68 | | (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: |
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| 69 | 69 | | |
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| 70 | 70 | | (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)] and (iii) 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) information concerning how each such candidate contrasts with such candidate's opponent, if any, (III) encouragement to vote for each such candidate, [and (III)] or (IV) information concerning voting, including voting hours and locations; |
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| 71 | 71 | | |
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| 72 | 72 | | (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; |
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| 73 | 73 | | |
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| 74 | 74 | | (C) A campaign event at which a candidate or candidates are present; or |
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| 75 | 75 | | |
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| 76 | 76 | | (D) The retention of the services of an advisor to provide assistance relating to campaign organization, financing, accounting, strategy, law or media. [; or] |
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| 77 | 77 | | |
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| 78 | 78 | | [(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.] |
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| 79 | 79 | | |
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| 80 | 80 | | (26) "Solicit" means (A) requesting that a contribution be made, (B) participating in any fund-raising activities for a candidate committee, exploratory committee, political committee or party committee, including, but not limited to, forwarding tickets to potential contributors, receiving contributions for transmission to any such committee or bundling contributions, (C) serving as chairperson, treasurer or deputy treasurer of any such committee, or (D) establishing a political committee for the sole purpose of soliciting or receiving contributions for any committee. "Solicit" does not include (i) making a contribution that is otherwise permitted under this chapter, (ii) informing any person of a position taken by a candidate for public office or a public official, (iii) notifying the person of any activities of, or contact information for, any candidate for public office, or (iv) serving as a member in any party committee or as an officer of such committee that is not otherwise prohibited in this subdivision. |
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| 81 | 81 | | |
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| 82 | 82 | | (27) "Bundle" means the forwarding of five or more contributions to a single committee by a communicator lobbyist, an agent of such lobbyist, or a member of the immediate family of such lobbyist, or raising contributions for a committee at a fund-raising affair held by, sponsored by, or hosted by a communicator lobbyist or an agent of such lobbyist, or a member of the immediate family of such lobbyist. |
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| 83 | 83 | | |
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| 84 | 84 | | (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. |
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| 85 | 85 | | |
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| 86 | 86 | | (29) "Electioneering communication" means any communication that refers to one or more clearly identified candidates and that is broadcast by radio, television or satellite communication or via the Internet, or appears in a newspaper or magazine or on a billboard, on or after January first of the year during which there will be an election for the office that the candidate or candidates are seeking. |
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| 87 | 87 | | |
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| 88 | 88 | | (30) "Campaign-related disbursement" means (A) an independent expenditure, as defined in section 9-601c, as amended by this act, (B) an electioneering communication, or (C) a covered transfer. |
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| 89 | 89 | | |
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| 90 | 90 | | (31) "Covered transfer" means any transfer or payment of funds in an aggregate amount of one thousand dollars or more in the two years that follow the initial transfer or payment by an entity covered by the disclosure provisions under this chapter to a recipient who uses such funds to make a campaign-related disbursement or disbursements. |
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| 91 | 91 | | |
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| 92 | 92 | | (32) "Party building activities" includes, but is not limited to, political meetings, conferences, events and conventions, and any associated expenses. |
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| 93 | 93 | | |
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| 94 | 94 | | Sec. 2. Section 9-601a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 95 | 95 | | |
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| 96 | 96 | | (a) As used in this chapter and chapter 157, "contribution" means: |
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| 97 | 97 | | |
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| 98 | 98 | | (1) Any gift, subscription, loan, advance, payment or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person or for the purpose of aiding or promoting the success or defeat of any referendum question or on behalf of any political party; |
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| 99 | 99 | | |
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| 100 | 100 | | (2) A written contract, promise or agreement to make a contribution for any such purpose; |
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| 101 | 101 | | |
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| 102 | 102 | | (3) The payment by any person, other than a candidate or [campaign] treasurer, of compensation for the personal services of any other person which are rendered without charge to a committee or candidate for any such purpose; |
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| 103 | 103 | | |
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| 104 | 104 | | (4) An expenditure that is not an independent expenditure; or |
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| 105 | 105 | | |
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| 106 | 106 | | (5) Funds received by a committee which are transferred from another committee or other source for any such purpose. |
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| 107 | 107 | | |
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| 108 | 108 | | (b) As used in this chapter and chapter 157, "contribution" does not mean: |
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| 109 | 109 | | |
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| 110 | 110 | | (1) A loan of money made in the ordinary course of business by a national or state bank; |
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| 111 | 111 | | |
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| 112 | 112 | | (2) Any communication made by a corporation, organization or association to its members, owners, stockholders, executive or administrative personnel, or their families; |
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| 113 | 113 | | |
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| 114 | 114 | | (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; |
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| 115 | 115 | | |
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| 116 | 116 | | (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 nonparticipating and participating candidates under the Citizens' Election Program and any unreimbursed travel expenses made by an individual who volunteers the individual's personal services to any such committee. For purposes of this subdivision, an individual is a volunteer if such individual is not receiving compensation for such services regardless of whether such individual received compensation in the past or may receive compensation in the future for such services; |
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| 117 | 117 | | |
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| 118 | 118 | | (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 nonparticipating or participating candidate under the Citizens' Election Program, party, political or slate committee, in rendering voluntary personal services at the individual's residential premises or a community room in the individual's residence facility, to the extent that the cumulative value of the invitations, food or beverages provided for any single event by an individual on behalf of any candidate or committee does not exceed four hundred dollars with respect to any calendar year or primary or general election, as the case may be, and does not exceed eight hundred dollars for any such event hosted by two or more individuals, provided at least one such individual owns or resides at the residential premises, and further provided the cumulative value of the invitations, food or beverages provided by an individual on behalf of any such candidate or committee does not exceed eight hundred dollars in any calendar year or single election, as the case may be; |
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| 119 | 119 | | |
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| 120 | 120 | | (6) The sale of food or beverage for use by a party, political, slate or candidate committee, including those for a participating or nonparticipating candidate, 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 committee does not exceed four hundred dollars with respect to any single primary or election, or to or on behalf of any party, political or slate committee, does not exceed six hundred dollars in a calendar year; |
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| 121 | 121 | | |
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| 122 | 122 | | (7) The display of a lawn sign by a human being or on real property; |
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| 123 | 123 | | |
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| 124 | 124 | | (8) The payment, by a party committee 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; |
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| 125 | 125 | | |
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| 126 | 126 | | (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 one hundred dollars; |
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| 127 | 127 | | |
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| 128 | 128 | | (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; |
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| 129 | 129 | | |
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| 130 | 130 | | (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; |
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| 131 | 131 | | |
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| 132 | 132 | | (11) The payment of money by a candidate to the candidate's candidate committee, provided the committee is for a nonparticipating candidate; |
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| 133 | 133 | | |
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| 134 | 134 | | (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 two hundred dollars; |
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| 135 | 135 | | |
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| 136 | 136 | | (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 or to another utility company, such as an electric company, provided the security deposit is refunded to the individual; |
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| 137 | 137 | | |
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| 138 | 138 | | (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; |
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| 139 | 139 | | |
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| 140 | 140 | | (15) The sale of food or beverage by a town committee to an individual at a town fair, county fair, local festival 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; |
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| 141 | 141 | | |
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| 142 | 142 | | (16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee; |
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| 143 | 143 | | |
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| 144 | 144 | | (17) The donation of food or beverage by an individual for consumption at a slate, candidate, political committee or party committee meeting, event or activity that is not a fund-raising 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; [or] |
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| 145 | 145 | | |
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| 146 | 146 | | (18) The value associated with the de minimis activity on behalf of a party committee, political committee, slate committee or candidate committee, including for activities including, but not limited to, (A) the creation of electronic or written communications created on a voluntary basis without compensation, including, but not limited to, the creation and ongoing content development and delivery of social media on the Internet or telephone, including, but not limited to, the sending or receiving of electronic mail or messages, (B) the posting or display of a candidate's name or group of candidates' names at a town fair, county fair, local festival or similar mass gathering 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 use of personal property or service or items of personal property does not exceed one hundred dollars in the aggregate for any single election or calendar year, as the case may be. For purposes of this subdivision, "social media" means an electronic medium where users may create and view user-generated content, such as uploaded or downloaded videos or still photographs, blogs, video blogs, podcasts or instant messages; or |
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| 147 | 147 | | |
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| 148 | 148 | | (19) The use of offices, telephones, computers and similar equipment provided by a party committee, legislative caucus committee or legislative leadership committee that serve as headquarters for or are used at headquarters by such party committee, legislative caucus committee or legislative leadership committee. |
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| 149 | 149 | | |
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| 150 | 150 | | Sec. 3. Section 9-601b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 151 | 151 | | |
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| 152 | 152 | | (a) As used in this chapter and chapter 157, the term "expenditure" means: |
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| 153 | 153 | | |
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| 154 | 154 | | (1) Any purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, when made for the purpose of influencing the nomination for election, or election, of any person or for the purpose of aiding or promoting the success or defeat of any referendum question or [on behalf] the success or defeat of any political party; |
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| 155 | 155 | | |
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| 156 | 156 | | (2) Any advertisement that (A) refers to one or more clearly identified candidates, (B) is broadcast by radio or television other than on a public access channel, or appears in a newspaper, magazine or on a billboard, and (C) is broadcast or appears during the ninety-day period preceding the date of a primary or an election, other than a commercial advertisement that refers to an owner, director or officer of a business entity who is also a candidate and that had previously been broadcast or appeared when the owner, director or officer was not a candidate; or |
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| 157 | 157 | | |
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| 158 | 158 | | (3) The transfer of funds by a committee to another committee. |
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| 159 | 159 | | |
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| 160 | 160 | | (b) The term "expenditure" does not mean: |
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| 161 | 161 | | |
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| 162 | 162 | | (1) A loan of money, made in the ordinary course of business, by a state or national bank; |
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| 163 | 163 | | |
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| 164 | 164 | | (2) A communication made by any corporation, organization or association to its members, owners, stockholders, executive or administrative personnel, or their families; |
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| 165 | 165 | | |
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| 166 | 166 | | (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; |
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| 167 | 167 | | |
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| 168 | 168 | | (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 nonparticipating and participating candidates under the Citizens' Election Program and any unreimbursed travel expenses made by an individual who volunteers the individual's personal services to any such committee. For purposes of this subdivision, an individual is a volunteer if such individual is not receiving compensation for such services regardless of whether such individual received compensation in the past or may receive compensation in the future for such services; |
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| 169 | 169 | | |
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| 170 | 170 | | (5) Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical, unless such facilities are owned or controlled by any political party, committee or candidate; |
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| 171 | 171 | | |
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| 172 | 172 | | (6) The use of real or personal property, and the cost of invitations, food or beverages, voluntarily provided by an individual to a candidate or on behalf of a state central or town committee, in rendering voluntary personal services for candidate or party-related activities at the individual's residence, to the extent that the cumulative value of the invitations, food or beverages provided by the individual on behalf of any single candidate for nomination or election does not exceed two hundred dollars with respect to any single election, and on behalf of all state central and town committees does not exceed four hundred dollars in a calendar year; |
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| 173 | 173 | | |
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| 174 | 174 | | (7) Any unreimbursed payment for travel expenses made by an individual who, on his own behalf, volunteers his personal services to any single candidate to the extent that the cumulative value does not exceed two hundred dollars with respect to any single election, and on behalf of all state or town committees does not exceed four hundred dollars in a calendar year; or |
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| 175 | 175 | | |
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| 176 | 176 | | (8) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee. |
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| 177 | 177 | | |
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| 178 | 178 | | (c) "Expense incurred but not paid" means any receipt of goods or services for which payment is required but not made or a written contract, promise or agreement to make an expenditure. |
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| 179 | 179 | | |
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| 180 | 180 | | Sec. 4. Section 9-601c of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 181 | 181 | | |
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| 182 | 182 | | (a) As used in this chapter and chapter 157, the term "independent expenditure" means an expenditure, as defined in section 9-601b, as amended by this act, that is made without the consent, coordination, or consultation of, a candidate or agent of the candidate, candidate committee, political committee or party committee. |
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| 183 | 183 | | |
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| 184 | 184 | | (b) When the State Elections Enforcement Commission evaluates an expenditure to determine whether such expenditure is an independent expenditure, there shall be a rebuttable presumption that the following expenditures are not independent expenditures: |
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| 185 | 185 | | |
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| 186 | 186 | | (1) An expenditure made by a person in cooperation, consultation or in concert with, at the request, suggestion or direction of, or pursuant to a general or particular understanding with (A) a candidate, candidate committee, political committee or party committee, or (B) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee; |
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| 187 | 187 | | |
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| 188 | 188 | | (2) An expenditure made by a person for the production, dissemination, distribution or publication, in whole or in substantial part, of any broadcast or any written, graphic or other form of political advertising or campaign communication prepared by (A) a candidate, candidate committee, political committee or party committee, or (B) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee; |
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| 189 | 189 | | |
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| 190 | 190 | | (3) An expenditure made by a person based on information about a candidate's, political committee's, or party committee's plans, projects or needs, provided by (A) a candidate, candidate committee, political committee or party committee, or (B) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee, with the intent that such expenditure be made; |
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| 191 | 191 | | |
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| 192 | 192 | | (4) An expenditure made by an individual who, in the same election cycle, is serving or has served as the campaign chairperson, [campaign] treasurer or deputy treasurer of a candidate committee, political committee or party committee benefiting from such expenditure, or in any other executive or policymaking position, including as a member, employee, fundraiser, consultant or other agent, of a candidate, candidate committee, political committee or party committee; |
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| 193 | 193 | | |
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| 194 | 194 | | (5) An expenditure made by a person whose officer, director, member, employee, fundraiser, consultant or other agent who serves the person in an executive or policymaking position also serves as or has served in the same election cycle as the candidate or the campaign chairperson, [campaign] treasurer or deputy treasurer of a candidate committee, political committee or party committee benefiting from such expenditure, or in any other executive or policymaking position of the candidate committee, political committee or party committee; |
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| 195 | 195 | | |
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| 196 | 196 | | (6) An expenditure made by a person for fundraising activities (A) with or for a candidate, candidate committee, political committee or party committee, or a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee, or (B) for the solicitation or receipt of contributions on behalf of a candidate, candidate committee, political committee or party committee, or a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee; |
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| 197 | 197 | | |
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| 198 | 198 | | (7) An expenditure made by a person based on information about a candidate's campaign plans, projects or needs, that is directly or indirectly provided by a candidate, the candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting on behalf of such candidate, candidate committee, political committee or party committee, to the person making the expenditure or such person's agent, with an express or tacit understanding that such person is considering making the expenditure; |
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| 199 | 199 | | |
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| 200 | 200 | | (8) An expenditure made by a person for a communication that clearly identifies a candidate during an election campaign, if the person making the expenditure, or such person's agent, has informed the candidate who benefits from the expenditure, that candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting on behalf of the benefiting candidate or candidate committee, political committee, or party committee, concerning the communication's contents, or of the intended audience, timing, location or mode or frequency of dissemination. As used in this subdivision, a communication clearly identifies a candidate when that communication contains the name, nickname, initials, photograph or drawing of the candidate or an unambiguous reference to that candidate, which includes, but is not limited to, a reference that can only mean that candidate; [and] |
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| 201 | 201 | | |
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| 202 | 202 | | (9) An expenditure made by a person or an entity for consultant or creative services, including, but not limited to, services related to communications strategy or design or campaign strategy, to be used to promote or oppose a candidate's election to office if the provider of such services is also providing consultant or creative services to such candidate, such candidate's candidate committee, or to any opposing candidate in the same primary or election, or to such opposing candidate's candidate committee. For purposes of this subdivision, communications strategy or design does not include the costs of printing or costs for the use of a medium for the purpose of communications; |
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| 203 | 203 | | |
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| 204 | 204 | | (10) An expenditure made by a person or an entity to hire a person or entity to provide assistance for campaign organization, financing, accounting, strategy, law, media, telephone banking or polling, and such person worked for the candidate in the same election cycle, but not necessarily at the same time as working for such person or entity, providing the same or similar assistance for such candidate; and |
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| 205 | 205 | | |
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| 206 | 206 | | (11) An expenditure made with the express or tacit encouragement of the candidate or the candidate's agents by a political committee, group or person who previously served as an operative or consultant for such candidate in the current election cycle or prior election cycle or by any group established or acting with the express or tacit encouragement of the candidate or the candidate's agents. |
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| 207 | 207 | | |
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| 208 | 208 | | Sec. 5. Subsection (a) of section 9-606 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 209 | 209 | | |
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| 210 | 210 | | (a) The [campaign] treasurer of each committee shall be responsible for (1) depositing, receiving and reporting all contributions and other funds in the manner specified in section 9-608, (2) making and reporting expenditures, (3) reporting expenses incurred but not yet paid, (4) filing the statements required under section 9-608, and (5) keeping internal records of each entry made on such statements. The [campaign] treasurer of each committee shall deposit contributions in the committee's designated depository [within fourteen] not later than twenty days after receiving them. The [campaign] treasurer of each political committee or party committee which makes a contribution of goods to another committee shall send written notice to the [campaign] treasurer of the recipient committee before the close of the reporting period during which the contribution was made. The notice shall be signed by the [campaign] treasurer of the committee making the contribution and shall include the full name of such committee, the date on which the contribution was made, a complete description of the contribution and the value of the contribution. Any dispute concerning the information contained in such notice shall be resolved by the [campaign] treasurer of the recipient committee. Such resolution shall not impair in any way the authority of the State Elections Enforcement Commission under section 9-7b, as amended by this act. The [campaign] treasurer of the recipient committee shall preserve each such notice received for the period prescribed by subsection (f) of section 9-607. |
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| 211 | 211 | | |
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| 212 | 212 | | Sec. 6. Subdivision (1) of subsection (g) of section 9-607 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 213 | 213 | | |
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| 214 | 214 | | (g) (1) As used in this subsection, (A) "the lawful purposes of his committee" means: (i) For a candidate committee or exploratory committee, the promoting of the nomination or election of the candidate who established the committee, except that after a political party nominates candidates for election to the offices of Governor and Lieutenant Governor, whose names shall be so placed on the ballot in the election that an elector will cast a single vote for both candidates, as prescribed in section 9-181, a candidate committee established by either such candidate may also promote the election of the other such candidate; (ii) for a political committee, the promoting of a political party, including party-building activities, provided no such activity may be construed as an organization expenditure, the success or defeat of candidates for nomination and election to public office or position subject to the requirements of this chapter, or the success or defeat of referendum questions, provided a political committee formed for a single referendum question shall not promote the success or defeat of any candidate, and provided further a legislative leadership committee or a legislative caucus committee may expend funds to defray costs of its members for conducting legislative or constituency-related business which are not reimbursed or paid by the state; and (iii) for a party committee, the promoting of the party, the candidates of the party and continuing operating costs of the party, and (B) "immediate family" means a spouse or dependent child of a candidate who resides in the candidate's household. |
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| 215 | 215 | | |
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| 216 | 216 | | Sec. 7. Subsection (a) of section 9-612 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 217 | 217 | | |
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| 218 | 218 | | (a) No individual shall make a contribution or contributions in any one calendar year in excess of [five] ten thousand dollars to the state central committee of any party, or for the benefit of such committee pursuant to its authorization or request; or [one] five thousand dollars to a town committee of any political party, or for the benefit of such committee pursuant to its authorization or request; or [one] two thousand dollars to a legislative caucus committee or legislative leadership committee, or [seven hundred fifty] one thousand dollars to any other political committee other than (1) a political committee formed solely to aid or promote the success or defeat of a referendum question, (2) an exploratory committee, (3) a political committee established by an organization, or for the benefit of such committee pursuant to its authorization or request, or (4) a political committee formed by a slate of candidates in a primary for the office of justice of the peace of the same town. |
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| 219 | 219 | | |
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| 220 | 220 | | Sec. 8. Subsection (e) of section 9-612 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date): |
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| 221 | 221 | | |
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| 222 | 222 | | (e) (1) Any individual, entity or committee acting alone may make unlimited independent expenditures or electioneering communications. Except as provided in subdivision (2) of this subsection, any such individual, entity or committee that makes or obligates to make an independent expenditure or expenditures or electioneering communication or communications in excess of one thousand dollars, in the aggregate, shall file statements according to the same schedule and in the same manner as is required of a [campaign] treasurer of a candidate committee under section 9-608. |
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| 223 | 223 | | |
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| 224 | 224 | | (2) Any individual, entity or committee that makes or obligates to make an independent expenditure or expenditures to promote the success or defeat of a candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, or an electioneering communication or communications which [exceeds] exceed one thousand dollars, in the aggregate, during a primary campaign or a general election campaign, as defined in section 9-700, on or after January 1, 2008, shall file a report of such independent expenditure or electioneering communication to the State Elections Enforcement Commission. The report shall be in the same form as statements filed under section 9-608, except that such report shall be filed electronically. If the individual, entity or committee makes or obligates to make such independent expenditure or expenditures or electioneering communication or communications more than ninety days before the day of a primary or election, the individual, entity or committee shall file such report not later than [forty-eight] twenty-four hours after such payment or obligation. If the individual, entity or committee makes or obligates to make such independent expenditure or expenditures or electioneering communication or communications ninety days or less before the day of a primary or election, the person shall file such report not later than [twenty-four] twelve hours after such payment or obligation. The report shall be filed under penalty of false statement. |
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| 225 | 225 | | |
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| 226 | 226 | | (3) The independent expenditure or electioneering communication report shall (A) (i) in the case of an independent expenditure or expenditures identify the candidate for whom the independent expenditure or expenditures is intended to promote the success or defeat, or (ii) in the case of an electioneering communication or communications, identify the candidate or candidates referred to in such communication or communications, (B) affirm under penalty of false statement that the expenditure is an independent expenditure or that the communication is an electioneering communication, as the case may be, and (C) provide any information that the State Elections Enforcement Commission requires to facilitate compliance with the provisions of this chapter or chapter 157. |
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| 227 | 227 | | |
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| 228 | 228 | | (4) Any person may file a complaint with the commission upon the belief that (A) any such [independent expenditure] report or statement is false, or (B) any individual, entity or committee that is required to file [an independent expenditure] a report under this subsection has failed to do so. The commission shall make a prompt determination on such a complaint. |
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| 229 | 229 | | |
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| 230 | 230 | | (5) (A) If an individual, entity or committee fails to file a report required under subdivision (2) of this subsection for an independent expenditure or expenditures or an electioneering communication or communications made or obligated to be made more than ninety days before the day of a primary or election, the person shall be subject to a civil penalty, imposed by the State Elections Enforcement Commission, of not more than five thousand dollars. If an individual, entity or committee fails to file a report required under subdivision (2) of this subsection for an independent expenditure or expenditures or an electioneering communication or communications made or obligated to be made ninety days or less before the day of a primary or election, such individual, entity or committee shall be subject to a civil penalty, imposed by the State Elections Enforcement Commission, of not more than ten thousand dollars. (B) If any such failure is knowing and wilful, the person responsible for the failure shall also be fined not more than five thousand dollars or imprisoned not more than five years, or both. |
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| 231 | 231 | | |
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| 232 | 232 | | (6) (A) As part of any statement filed pursuant to this subsection, if an entity that engages in independent expenditures or electioneering communications paid for such campaign-related disbursement out of a segregated bank account consisting only of funds donated directly to the account and not transferred to the account by the entity, the entity shall disclose those donors who gave an aggregate of one thousand dollars or more to the account on or after January first of the year during which there will be an election for the office that the candidate who benefited from such expenditures or communications is seeking, the amount of each donation and the aggregate amount given, except as provided for in subparagraph (C) of this subdivision. |
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| 233 | 233 | | |
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| 234 | 234 | | (B) As part of any statement filed pursuant to this subsection, if an entity that engages in independent expenditures or electioneering communications paid for such campaign-related disbursement out of its general treasury, the entity shall disclose the source of all donations, including dues payments, of one thousand dollars or more to the entity on or after January first of the year during which there will be an election for the office that the candidate who benefited from such expenditures or communications is seeking, the amount of each donation and the aggregate, except as provided for in subparagraph (C) of this subdivision, and excluding any funds received in a commercial transaction or in the form of an investment. |
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| 235 | 235 | | |
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| 236 | 236 | | (C) If a donor restricts his or her donation to the entity from being used for a campaign-related disbursement, and the entity consents to the restriction and segregates the money into any account not used to make a campaign-related disbursement, the identity of the donor does not have to be disclosed. |
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| 237 | 237 | | |
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| 238 | 238 | | Sec. 9. Subsection (e) of section 9-613 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 239 | 239 | | |
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| 240 | 240 | | (e) No political committee organized by a business entity shall make a contribution or contributions to (1) a state central committee of a political party, in excess of [seven] fifteen thousand [five hundred] dollars in any calendar year, (2) a town committee of any political party, in excess of [one] three thousand [five hundred] dollars in any calendar year, (3) an exploratory committee, in excess of three hundred seventy-five dollars, [or] (4) a legislative caucus committee or legislative leadership committee, in excess of four thousand dollars, or (5) any other kind of political committee, in excess of two thousand dollars in any calendar year. |
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| 241 | 241 | | |
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| 242 | 242 | | Sec. 10. Subsection (d) of section 9-615 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 243 | 243 | | |
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| 244 | 244 | | (d) No political committee established by an organization shall make contributions in any one calendar year to, or for the benefit of, (1) the state central committee of a political party, in excess of [seven thousand five hundred] fifteen thousand dollars; (2) a town committee, in excess of [one thousand five hundred] three thousand dollars; [or] (3) a legislative caucus committee or legislative leadership committee, in excess of four thousand dollars, or (4) any other political committee, other than an exploratory committee or a committee formed solely to aid or promote the success or defeat of a referendum question, in excess of two thousand dollars. |
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| 245 | 245 | | |
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| 246 | 246 | | Sec. 11. Subdivision (2) of subsection (b) of section 9-617 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 247 | 247 | | |
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| 248 | 248 | | (2) No state central committee shall make a contribution or contributions in any one calendar year to, or for the benefit of (A) a legislative caucus committee or legislative leadership committee, in excess of [ten] twenty thousand dollars, or (B) any other political committee, other than an exploratory committee or a committee formed solely to aid or promote the success or defeat of a referendum question, in excess of [two thousand five hundred] five thousand dollars. No state central committee shall make contributions in excess of three hundred seventy-five dollars to an exploratory committee. |
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| 249 | 249 | | |
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| 250 | 250 | | Sec. 12. Subsection (a) of section 9-618 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 251 | 251 | | |
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| 252 | 252 | | (a) A political committee organized for ongoing political activities may make unlimited contributions to, or for the benefit of, any national committee of a political party; or a committee of a candidate for federal or out-of-state office. Except as provided in subdivision (3) of subsection (d) of this section, no [such] legislative caucus committee or legislative leadership committee, shall make a contribution or contributions in excess of four thousand dollars and no other political committee shall make a contribution or contributions in excess of two thousand dollars to another political committee, in any calendar year. No political committee organized for ongoing political activities shall make a contribution in excess of three hundred seventy-five dollars to an exploratory committee. If such an ongoing committee is established by an organization or a business entity, its contributions shall be subject to the limits imposed by sections 9-613 to 9-615, inclusive, as amended by this act. A political committee organized for ongoing political activities may make contributions to a charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, as from time to time amended, or make memorial contributions. |
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| 253 | 253 | | |
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| 254 | 254 | | Sec. 13. Section 9-621 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage, except that disclaimers for electioneering communications shall only be required for such communications made on or after said date): |
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| 255 | 255 | | |
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| 256 | 256 | | (a) No individual shall make or incur any expenditure with the consent of, in coordination with or in consultation with any candidate, candidate committee or candidate's agent, no group of two or more individuals acting together that receives funds or makes or incurs expenditures not exceeding one thousand dollars in the aggregate and has not formed a political committee shall make or incur any expenditure, 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 promotes or opposes any political party or solicits funds to benefit any political party or committee unless such communication bears upon its face as a disclaimer (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; (C) in the case of a party committee, the name of the committee; or (D) in the case of a group of two or more individuals that receives funds or makes or incurs expenditures not exceeding one thousand dollars in the aggregate and has not formed a political committee, the name of the group and the name and address of its agent, and (2) the words "approved by" and the following: (A) In the case of an individual, group or committee other than a candidate committee making or incurring an expenditure with the consent of, in coordination with or in consultation with any candidate, candidate committee or candidate's agent, the name of the candidate; or (B) in the case of a candidate committee, the name of the candidate. |
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| 257 | 257 | | |
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| 258 | 258 | | (b) In addition to the requirements of subsection (a) of this section: |
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| 259 | 259 | | |
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| 260 | 260 | | (1) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for television advertising or Internet video advertising, which promotes the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless, as a disclaimer, (A) at the end of such advertising there appears simultaneously, for a period of not less than four seconds, (i) a clearly identifiable photographic or similar image of the candidate making such expenditure, (ii) a clearly readable printed statement identifying such candidate, and indicating that such candidate has approved the advertising, and (iii) a simultaneous, personal audio message, in the following form: "I am .... (candidate's name) and I approved this message", and (B) the candidate's name and image appear in, and the candidate's voice is contained in, the narrative of the advertising, before the end of such advertising; |
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| 261 | 261 | | |
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| 262 | 262 | | (2) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for radio advertising or Internet audio advertising, which promotes the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless, as a disclaimer, (A) the advertising ends with a personal audio statement by the candidate making such expenditure (i) identifying such candidate and the office such candidate is seeking, and (ii) indicating that such candidate has approved the advertising in the following form: "I am .... (candidate's name) and I approved this message", and (B) the candidate's name and voice are contained in the narrative of the advertising, before the end of such advertising; and |
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| 263 | 263 | | |
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| 264 | 264 | | (3) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for automated telephone calls which promote the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless the candidate's name and voice are contained in the narrative of the call, before the end of such call. |
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| 265 | 265 | | |
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| 266 | 266 | | (c) No business entity, organization, association, committee, or group of two or more individuals who have joined solely to promote the success or defeat of a referendum question shall make or incur any expenditure for any written, typed or other printed communication which promotes the success or defeat of any referendum question unless such communication bears upon its face, as a disclaimer, the words "paid for by" and the following: (1) In the case of a business entity, organization or association, the name of the business entity, organization or association and the name of its chief executive officer or equivalent and a list of the top five donors whose donations are not excluded from disclosure under subparagraph (C) of subdivision (6) of subsection (e) of section 9-612, as amended by this act, and an address to a web site that lists all donors subject to disclosure under said section 9-612 and such donors' addresses; (2) in the case of a political committee, the name of the committee and the name of its [campaign] treasurer; (3) in the case of a party committee, the name of the committee; or (4) in the case of such a group of two or more individuals, the name of the group and the name and address of its agent. |
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| 267 | 267 | | |
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| 268 | 268 | | (d) The provisions of subsections (a), (b) and (c) of this section do not apply to (1) any editorial, news story, or commentary published in any newspaper, magazine or journal on its own behalf and upon its own responsibility and for which it does not charge or receive any compensation whatsoever, (2) any banner, (3) political paraphernalia including pins, buttons, badges, emblems, hats, bumper stickers or other similar materials, or (4) signs with a surface area of not more than thirty-two square feet. |
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| 269 | 269 | | |
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| 270 | 270 | | (e) The [campaign] treasurer of a candidate committee which sponsors any written, typed or other printed communication for the purpose of raising funds to eliminate a campaign deficit of that committee shall include in such communication a statement that the funds are sought to eliminate such a deficit. |
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| 271 | 271 | | |
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| 272 | 272 | | (f) The [campaign] treasurer of an exploratory committee or candidate committee established by a candidate for nomination or election to the office of Treasurer which committee sponsors any written, typed or other printed communication for the purpose of raising funds shall include in such communication a statement concerning the prohibitions set forth in subsection (n) of section 1-84, subsection (f) of section 9-612 and subsection (f) of section 9-613. |
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| 273 | 273 | | |
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| 274 | 274 | | (g) In the event a [campaign] treasurer of a candidate committee is replaced pursuant to subsection (c) of section 9-602, nothing in this section shall be construed to prohibit the candidate committee from distributing any printed communication subject to the provisions of this section that has already been printed or otherwise produced, even though such communication does not accurately designate the successor [campaign] treasurer of such candidate committee. |
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| 275 | 275 | | |
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| 276 | 276 | | (h) (1) No entity shall make or incur an independent expenditure for any written, typed or other printed communication, or any web-based, written communication, that promotes the success or defeat of any candidate for nomination or election or promotes or opposes any political party or solicits funds to benefit any political party or committee, unless such communication bears upon its face, as a disclaimer, the words "Paid for by" and the name of the entity, the name of its chief executive officer or equivalent, and its principal business address and the words "This message was made independent of any candidate or political party.". In the case of an entity making or incurring such an independent expenditure, which entity is a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or an incorporated tax-exempt political organization organized under Section 527 of said code, such communication shall also bear upon its face the words "Top Five Contributors" followed by a list of the five persons or entities making the largest contributions to such organization during the twelve-month period before the date of such communication. |
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| 277 | 277 | | |
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| 278 | 278 | | (2) In addition to the requirements of subdivision (1) of this subsection, no entity shall make or incur an independent expenditure for television advertising or Internet video advertising, that promotes the success or defeat of any candidate for nomination or election or promotes or opposes any political party or solicits funds to benefit any political party or committee, unless at the end of such advertising there appears simultaneously, for a period of not less than four seconds as a disclaimer, (A) a clearly identifiable video, photographic or similar image of the entity's chief executive officer or equivalent, and (B) a personal audio message, in the following form: "I am .... (name of entity's chief executive officer or equivalent), .... (title) of .... (entity). This message was made independent of any candidate or political party, and I approved its content.". In the case of an entity making or incurring such an independent expenditure, which entity is a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or an incorporated tax-exempt political organization organized under Section 527 of said code, such advertising shall also include a written message in the following form: "The top five contributors to the organization responsible for this advertisement are" followed by a list of the five persons or entities making the largest contributions during the twelve-month period before the date of such advertisement. |
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| 279 | 279 | | |
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| 280 | 280 | | (3) In addition to the requirements of subdivision (1) of this subsection, no entity shall make or incur an independent expenditure for radio advertising or Internet audio advertising, that promotes the election or defeat of any candidate for nomination or election or promotes or opposes any political party or solicits funds to benefit any political party or committee, unless the advertising ends with a disclaimer that is a personal audio statement by the entity's chief executive officer or equivalent (A) identifying the entity paying for the expenditure, and (B) indicating that the message was made independent of any candidate or political party, using the following form: "I am .... (name of entity's chief executive officer or equivalent), .... (title), of .... (entity). This message was made independent of any candidate or political party, and I approved its content.". In the case of an entity making or incurring such an independent expenditure, which entity is a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or an incorporated tax-exempt political organization organized under Section 527 of said code, such advertising shall also include (i) an audio message in the following form: "The top five contributors to the organization responsible for this advertisement are" followed by a list of the five persons or entities making the largest contributions during the twelve-month period before the date of such advertisement, or (ii) in the case of such an advertisement that is thirty seconds in duration or shorter, an audio message providing a web site address that lists such five persons or entities. In such case, the organization shall establish and maintain such a web site with such listing for the entire period during which such organization makes such advertisement. |
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| 281 | 281 | | |
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| 282 | 282 | | (4) In addition to the requirements of subdivision (1) of this subsection, no entity shall make or incur an independent expenditure for automated telephone calls that promote the election or defeat of any candidate for nomination or election or promotes or opposes any political party or solicits funds to benefit any political party or committee, unless the narrative of the telephone call identifies the entity making the expenditure and its chief executive officer or equivalent. In the case of an entity making or incurring such an independent expenditure, which entity is a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or an incorporated tax-exempt political organization organized under Section 527 of said code, such narrative shall also include an audio message in the following form: "The top five contributors to the organization responsible for this telephone call are" followed by a list of the five persons or entities making the largest contributions during the twelve-month period before the date of such telephone call. |
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| 283 | 283 | | |
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| 284 | 284 | | (i) (1) No individual or entity shall make an electioneering communication that is an audio broadcast by radio, Internet or satellite, unless, as a disclaimer, the communication ends with an audio statement that has the words "paid for by" and the following: (A) In the case of an individual, the name and address of such individual; and (B) in all other cases, (i) the top five donors to the entity making such communication whose donations are not excluded from disclosure under subparagraph (C) of subdivision (6) of subsection (e) of section 9-612, as amended by this act, and (ii) an address to a web site that lists all donors subject to disclosure under said section 9-612 and such donors' addresses. |
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| 285 | 285 | | |
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| 286 | 286 | | (2) No individual or entity shall make an electioneering communication that is a video broadcast by television, Internet or satellite, unless, as a disclaimer, the communication ends with a clearly visible statement for a period of not less than four seconds that has the words "paid for by" and the following: (A) In the case of an individual, the name and address of such individual; and (B) in all other cases, (i) the top five donors to the entity making such communication whose donations are not excluded from disclosure under subparagraph (C) of subdivision (6) of subsection (e) of section 9-612, as amended by this act, and (ii) an address to a web site that lists all donors subject to disclosure under said section 9-612 and such donors' addresses. |
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| 287 | 287 | | |
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| 288 | 288 | | (3) No individual or entity shall make an electioneering communication that appears in a newspaper or magazine or on a billboard unless, as a disclaimer, such communication bears upon its face the words "paid for by" and the following: (A) In the case of an individual, the name and address of such individual; and (B) in all other cases, (i) the top five donors to the entity making such communication whose donations are not excluded from disclosure under subparagraph (C) of subdivision (6) of subsection (e) of section 9-612, as amended by this act, and (ii) an address to a web site that lists all donors subject to disclosure under said section 9-612 and such donors' addresses. |
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| 289 | 289 | | |
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| 290 | 290 | | (j) In any print, television or social media promotion of a slate of candidates by a party committee, the party committee shall use appropriate disclaimers pursuant to the provisions of this section for such promotion, and no individual candidate disclaimers shall be required. For purposes of this subsection, "social media" has the same meaning as provided in subsection (b) of section 9-601a, as amended by this act. |
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| 291 | 291 | | |
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| 292 | 292 | | (k) Notwithstanding the provisions of this section, any entity that is required under the provisions of this section to list or identify donors or contributors in any disclaimer made in the case of an independent expenditure or electioneering communication shall list such donors as individuals. In any case where a donor or contributor is another entity that made a covered transfer to such entity, then the individual donors or contributors to the entity making the covered transfer shall also be listed in any required web site listing, and, if any such individual donor or contributor is a top five donor or contributor to the entity making the independent expenditure or electioneering communication, then such individual donor or contributor shall be listed as such pursuant to the provisions of this section. |
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| 293 | 293 | | |
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| 294 | 294 | | Sec. 14. Section 9-718 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 295 | 295 | | |
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| 296 | 296 | | (a) Notwithstanding any provision of the general statutes, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the benefit of a [participating] candidate or [the] a candidate committee [of a participating candidate in the Citizens' Election Program] for the office of state senator in an amount that exceeds [ten] twenty thousand dollars for the general election campaign. |
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| 297 | 297 | | |
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| 298 | 298 | | (b) Notwithstanding any provision of the general statutes, 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, as amended by this act, for the benefit of a [participating] candidate or [the] a candidate committee [of a participating candidate in the Citizens' Election Program] for the office of state senator for the primary campaign. |
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| 299 | 299 | | |
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| 300 | 300 | | (c) Notwithstanding any provision of the general statutes, no party committee, legislative caucus committee or legislative leadership committee shall make an organization expenditure for the benefit of a [participating] candidate or [the] a 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] seven thousand dollars for the general election campaign. |
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| 301 | 301 | | |
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| 302 | 302 | | (d) Notwithstanding any provision of the general statutes, 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, as amended by this act, for the benefit of a [participating] candidate or [the] a candidate committee [of a participating candidate in the Citizens' Election Program] for the office of state representative for the primary campaign. |
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| 303 | 303 | | |
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| 304 | 304 | | Sec. 15. Subsection (a) of section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 305 | 305 | | |
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| 306 | 306 | | (a) (1) The qualified candidate committee of a major party candidate for the office of Governor who has a primary for nomination to said office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of [one million two hundred fifty thousand] two million five hundred thousand dollars, provided, in the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section. |
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| 307 | 307 | | |
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| 308 | 308 | | (2) The qualified candidate committee of a candidate for the office of Governor who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153, shall be eligible to receive a grant from the fund for the general election campaign in the amount of [six] nine million dollars, provided in the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section. |
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| 309 | 309 | | |
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| 310 | 310 | | Sec. 16. (NEW) (Effective from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date) (a) Notwithstanding any provision of the general statutes, the board of governance, if any, for any entity incorporated, organized or operating in this state, shall vote for prior authorization for each expenditure over four thousand dollars to be used as a campaign-related disbursement. The board shall be informed of the specific use of the money, including any candidate that might be the target or beneficiary of an independent expenditure, as defined in section 9-601c of the general statutes, as amended by this act, or electioneering communication from such campaign-related disbursement prior to any such vote. Individual board member votes and the details of such expenditures shall be disclosed to the public on the entity's web site not later than forty-eight hours after the vote and filed electronically with the State Elections Enforcement Commission under the provisions of section 9-612 of the general statutes, as amended by this act. |
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| 311 | 311 | | |
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| 312 | 312 | | (b) Any such entity required to file a statement under section 9-612 of the general statutes, as amended by this act, after making or obligating to make an independent expenditure or an electioneering communication shall do at least one of the following: (1) If the entity submits regular, periodic reports to its shareholders, members or donors, on the entity's finances or activities, include in each such report (A) the identity of the individual making any campaign-related disbursement and the business address of such individual, (B) the amount and date of each such disbursement and the identity of the individual to whom such disbursement was made, (C) the candidate or candidates or ballot issue to which such disbursements are related, and (D) the identity of any individual who made a donation in excess of one thousand dollars to the entity, for any campaign-related disbursements made by the entity during the period such report covers, or (2) provide on the entity's web site a link to the entity's filed disclosure reports under said section 9-612. |
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| 313 | 313 | | |
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| 314 | 314 | | Sec. 17. (NEW) (Effective from passage) If the State Elections Enforcement Commission finds that any candidate committee makes an expenditure, as defined in section 9-601b of the general statutes, as amended by this act, that is found to be coordinated in a manner not permissible under the provisions of chapter 155 of the general statutes, the candidate and treasurer of said committee shall be jointly and severally liable for paying any penalty levied by the commission under section 9-7b of the general statutes, as amended by this act. If such candidate is a participating candidate, the candidate shall return grant money awarded under chapter 157 of the general statutes to the Citizens' Election Fund established in section 9-701 of the general statutes, in an amount determined by the commission. |
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| 315 | 315 | | |
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| 316 | 316 | | Sec. 18. (NEW) (Effective from passage) Any entity that expends funds to facilitate the nomination or election or defeat of a candidate, shall disclose such expenditure as an independent expenditure under the provisions of section 9-612 of the general statutes, as amended by this act. |
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| 317 | 317 | | |
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| 318 | 318 | | Sec. 19. Subdivision (2) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 319 | 319 | | |
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| 320 | 320 | | (2) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, [or] (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 155 or 157, or (E) two times the amount of any independent expenditure or electioneering communication that a person or entity fails to disclose or for which the person or entity fails to include a disclaimer, as provided for under chapter 155. If such entity can not be held liable under this provision, then any successor entity or donors to the entity may be held liable. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation; |
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| 321 | 321 | | |
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| 322 | 322 | | Sec. 20. (NEW) (Effective from passage) (a) (1) Wherever the term "campaign treasurer" is used in the following sections of the general statutes, the term "treasurer" shall be substituted in lieu thereof; and (2) wherever the term "deputy campaign treasurer" is used in the following sections of the general statutes, the term "deputy treasurer" shall be substituted in lieu thereof: 9-7b, as amended by this act, 9-602, 9-604, 9-605, 9-606, as amended by this act, 9-607, as amended by this act, 9-608, 9-609, 9-610, 9-612, as amended by this act, 9-614, 9-622, 9-623, 9-624, 9-675, 9-700, 9-703, 9-704, 9-706, 9-707, 9-709, 9-711 and 9-712. |
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| 323 | 323 | | |
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| 324 | 324 | | (b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section. |
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| 325 | 325 | | |
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| 326 | 326 | | |
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| 327 | 327 | | |
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| 328 | 328 | | |
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| 329 | 329 | | This act shall take effect as follows and shall amend the following sections: |
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| 330 | 330 | | Section 1 from passage 9-601 |
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| 331 | 331 | | Sec. 2 from passage 9-601a |
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| 332 | 332 | | Sec. 3 from passage 9-601b |
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| 333 | 333 | | Sec. 4 from passage 9-601c |
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| 334 | 334 | | Sec. 5 from passage 9-606(a) |
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| 335 | 335 | | Sec. 6 from passage 9-607(g)(1) |
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| 336 | 336 | | Sec. 7 from passage 9-612(a) |
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| 337 | 337 | | Sec. 8 from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date 9-612(e) |
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| 338 | 338 | | Sec. 9 from passage 9-613(e) |
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| 339 | 339 | | Sec. 10 from passage 9-615(d) |
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| 340 | 340 | | Sec. 11 from passage 9-617(b)(2) |
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| 341 | 341 | | Sec. 12 from passage 9-618(a) |
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| 342 | 342 | | Sec. 13 from passage, except that disclaimers for electioneering communications shall only be required for such communications made on or after said date 9-621 |
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| 343 | 343 | | Sec. 14 from passage 9-718 |
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| 344 | 344 | | Sec. 15 from passage 9-705(a) |
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| 345 | 345 | | Sec. 16 from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date New section |
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| 346 | 346 | | Sec. 17 from passage New section |
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| 347 | 347 | | Sec. 18 from passage New section |
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| 348 | 348 | | Sec. 19 from passage 9-7b(a)(2) |
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| 349 | 349 | | Sec. 20 from passage New section |
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| 350 | 350 | | |
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| 351 | 351 | | This act shall take effect as follows and shall amend the following sections: |
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| 352 | 352 | | |
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| 353 | 353 | | Section 1 |
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| 354 | 354 | | |
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| 355 | 355 | | from passage |
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| 356 | 356 | | |
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| 357 | 357 | | 9-601 |
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| 358 | 358 | | |
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| 359 | 359 | | Sec. 2 |
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| 360 | 360 | | |
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| 361 | 361 | | from passage |
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| 362 | 362 | | |
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| 363 | 363 | | 9-601a |
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| 364 | 364 | | |
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| 365 | 365 | | Sec. 3 |
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| 366 | 366 | | |
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| 367 | 367 | | from passage |
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| 368 | 368 | | |
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| 369 | 369 | | 9-601b |
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| 370 | 370 | | |
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| 371 | 371 | | Sec. 4 |
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| 372 | 372 | | |
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| 373 | 373 | | from passage |
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| 374 | 374 | | |
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| 375 | 375 | | 9-601c |
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| 376 | 376 | | |
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| 377 | 377 | | Sec. 5 |
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| 378 | 378 | | |
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| 379 | 379 | | from passage |
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| 380 | 380 | | |
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| 381 | 381 | | 9-606(a) |
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| 382 | 382 | | |
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| 383 | 383 | | Sec. 6 |
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| 384 | 384 | | |
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| 385 | 385 | | from passage |
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| 386 | 386 | | |
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| 387 | 387 | | 9-607(g)(1) |
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| 388 | 388 | | |
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| 389 | 389 | | Sec. 7 |
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| 390 | 390 | | |
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| 391 | 391 | | from passage |
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| 392 | 392 | | |
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| 393 | 393 | | 9-612(a) |
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| 394 | 394 | | |
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| 395 | 395 | | Sec. 8 |
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| 396 | 396 | | |
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| 397 | 397 | | from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date |
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| 398 | 398 | | |
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| 399 | 399 | | 9-612(e) |
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| 400 | 400 | | |
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| 401 | 401 | | Sec. 9 |
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| 402 | 402 | | |
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| 403 | 403 | | from passage |
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| 404 | 404 | | |
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| 405 | 405 | | 9-613(e) |
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| 406 | 406 | | |
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| 407 | 407 | | Sec. 10 |
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| 408 | 408 | | |
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| 409 | 409 | | from passage |
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| 410 | 410 | | |
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| 411 | 411 | | 9-615(d) |
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| 412 | 412 | | |
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| 413 | 413 | | Sec. 11 |
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| 414 | 414 | | |
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| 415 | 415 | | from passage |
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| 416 | 416 | | |
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| 417 | 417 | | 9-617(b)(2) |
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| 418 | 418 | | |
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| 419 | 419 | | Sec. 12 |
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| 420 | 420 | | |
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| 421 | 421 | | from passage |
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| 422 | 422 | | |
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| 423 | 423 | | 9-618(a) |
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| 424 | 424 | | |
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| 425 | 425 | | Sec. 13 |
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| 426 | 426 | | |
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| 427 | 427 | | from passage, except that disclaimers for electioneering communications shall only be required for such communications made on or after said date |
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| 428 | 428 | | |
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| 429 | 429 | | 9-621 |
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| 430 | 430 | | |
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| 431 | 431 | | Sec. 14 |
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| 432 | 432 | | |
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| 433 | 433 | | from passage |
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| 434 | 434 | | |
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| 435 | 435 | | 9-718 |
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| 436 | 436 | | |
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| 437 | 437 | | Sec. 15 |
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| 438 | 438 | | |
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| 439 | 439 | | from passage |
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| 440 | 440 | | |
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| 441 | 441 | | 9-705(a) |
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| 442 | 442 | | |
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| 443 | 443 | | Sec. 16 |
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| 444 | 444 | | |
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| 445 | 445 | | from passage, except that disclosure for electioneering communications shall only be required for such communications made on or after said date |
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| 446 | 446 | | |
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| 447 | 447 | | New section |
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| 448 | 448 | | |
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| 449 | 449 | | Sec. 17 |
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| 450 | 450 | | |
|---|
| 451 | 451 | | from passage |
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| 452 | 452 | | |
|---|
| 453 | 453 | | New section |
|---|
| 454 | 454 | | |
|---|
| 455 | 455 | | Sec. 18 |
|---|
| 456 | 456 | | |
|---|
| 457 | 457 | | from passage |
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| 458 | 458 | | |
|---|
| 459 | 459 | | New section |
|---|
| 460 | 460 | | |
|---|
| 461 | 461 | | Sec. 19 |
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| 462 | 462 | | |
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| 463 | 463 | | from passage |
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| 464 | 464 | | |
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| 465 | 465 | | 9-7b(a)(2) |
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| 466 | 466 | | |
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| 467 | 467 | | Sec. 20 |
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| 468 | 468 | | |
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| 469 | 469 | | from passage |
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| 470 | 470 | | |
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| 471 | 471 | | New section |
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| 472 | 472 | | |
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