| 1 | 1 | | General Assembly Raised Bill No. 5519 |
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| 2 | 2 | | February Session, 2018 LCO No. 2124 |
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| 3 | 3 | | *02124_______GAE* |
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| 4 | 4 | | Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (GAE) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 5519 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2018 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 2124 |
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| 15 | 15 | | |
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| 16 | 16 | | *02124_______GAE* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (GAE) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT ELIMINATING THE CITIZENS' ELECTION PROGRAM. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (a) of section 3-69a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) [(1)] For the fiscal year ending June 30, 2005, the funds received under this part, excluding the proceeds from the sale of property deposited in the Special Abandoned Property Fund in accordance with section 3-62h, shall be deposited in the General Fund. |
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| 31 | 31 | | |
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| 32 | 32 | | [(2) For the fiscal year ending June 30, 2006, and each fiscal year thereafter, a portion of the funds received under this part shall, upon deposit in the General Fund, be credited to the Citizens' Election Fund established in section 9-701 as follows: (A) For the fiscal year ending June 30, 2006, seventeen million dollars, (B) for the fiscal year ending June 30, 2007, sixteen million dollars, (C) for the fiscal year ending June 30, 2008, seventeen million three hundred thousand dollars, and (D) for the fiscal year ending June 30, 2009, and each fiscal year thereafter, the amount deposited for the preceding fiscal year, adjusted in accordance with any change in the consumer price index for all urban consumers for such preceding fiscal year, as published by the United States Department of Labor, Bureau of Labor Statistics. The State Treasurer shall determine such adjusted amount not later than thirty days after the end of such preceding fiscal year.] |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 2. Subdivisions (2) to (14), inclusive, of subsection (a) of section 9-7b of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 35 | 35 | | |
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| 36 | 36 | | (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 to 9-19k, inclusive, 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.] 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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| 37 | 37 | | |
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| 38 | 38 | | (3) (A) To issue an order requiring any person the commission finds to have received any contribution or payment which is prohibited by any of the provisions of chapter 155, [or 157,] after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive, to return such contribution or payment to the donor or payor, or to remit such contribution or payment to the state for deposit in the General Fund or the Citizens' Election Fund, whichever is deemed necessary to effectuate the purposes of chapter 155; [or 157, as the case may be;] |
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| 39 | 39 | | |
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| 40 | 40 | | (B) To issue an order when the commission finds that an intentional violation of any provision of chapter 155 [or 157] has been committed, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, which order may contain one or more of the following sanctions: (i) Removal of a treasurer, deputy treasurer or solicitor; (ii) prohibition on serving as a treasurer, deputy treasurer or solicitor; and (iii) in the case of a party committee or a political committee, suspension of all political activities, including, but not limited to, the receipt of contributions and the making of expenditures, provided the commission may not order such a suspension unless the commission has previously ordered the removal of the treasurer and notifies the officers of the committee that the commission is considering such suspension; |
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| 41 | 41 | | |
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| 42 | 42 | | (C) To issue an order revoking any person's eligibility to be appointed or serve as an election, primary or referendum official or unofficial checker or in any capacity at the polls on the day of an election, primary or referendum, when the commission finds such person has intentionally violated any provision of the general statutes relating to the conduct of an election, primary or referendum, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive; |
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| 43 | 43 | | |
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| 44 | 44 | | (D) To issue an order to enforce the provisions of the Help America Vote Act, P.L. 107-252, as amended from time to time, as the commission deems appropriate; |
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| 45 | 45 | | |
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| 46 | 46 | | (E) To issue an order following the commission's determination of the right of an individual to be or remain an elector when such determination is made (i) pursuant to an appeal taken to the commission from a decision of the registrars of voters or board of admission of electors under section 9-31l, or (ii) following the commission's investigation pursuant to subdivision (1) of this subsection; |
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| 47 | 47 | | |
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| 48 | 48 | | (F) To issue a cease and desist order for violation of any general statute or regulation under the commission's jurisdiction and to take reasonable actions necessary to compel compliance with such statute or regulation; |
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| 49 | 49 | | |
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| 50 | 50 | | [(4) To issue an order to a candidate committee that receives moneys from the Citizens' Election Fund pursuant to chapter 157, to comply with the provisions of chapter 157, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive;] |
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| 51 | 51 | | |
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| 52 | 52 | | [(5)] (4) (A) To inspect or audit at any reasonable time and upon reasonable notice the accounts or records of any treasurer or principal treasurer, except as provided for in subparagraph (B) of this subdivision, as required by chapter 155 [or 157] and to audit any such election, primary or referendum held within the state; provided, (i) (I) not later than two months preceding the day of an election at which a candidate is seeking election, the commission shall complete any audit it has initiated in the absence of a complaint that involves a committee of the same candidate from a previous election, and (II) during the two-month period preceding the day of an election at which a candidate is seeking election, the commission shall not initiate an audit in the absence of a complaint that involves a committee of the same candidate from a previous election, and (ii) the commission shall not audit any caucus, as defined in subdivision (1) of section 9-372, as amended by this act. |
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| 53 | 53 | | |
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| 54 | 54 | | (B) When conducting an audit after an election or primary, the commission shall randomly audit not more than fifty per cent of candidate committees, which shall be selected through the process of a weighted lottery conducted by the commission that takes into account the selection frequency of a district served by the office of state senator or state representative, as applicable, for the immediately preceding three regular elections for such office and increases or decreases the likelihood that such district will be selected for audit based on such selection frequency, except that the commissioner shall audit all candidate committees for candidates for a state-wide office. |
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| 55 | 55 | | |
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| 56 | 56 | | (C) The commission shall notify, in writing, any committee of a candidate for an office in the general election, or of any candidate who had a primary for nomination to any such office not later than May thirty-first of the year immediately following such election. In no case shall the commission audit any such candidate committee that the commission fails to provide notice to in accordance with this subparagraph; |
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| 57 | 57 | | |
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| 58 | 58 | | [(6)] (5) To attempt to secure voluntary compliance, by informal methods of conference, conciliation and persuasion, with any provision of chapter 149, 151 to 153, inclusive, 155 [, 156 or 157] or 156 or any other provision of the general statutes relating to any such election, primary or referendum; |
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| 59 | 59 | | |
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| 60 | 60 | | [(7)] (6) To consult with the Secretary of the State, the Chief State's Attorney or the Attorney General on any matter which the commission deems appropriate; |
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| 61 | 61 | | |
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| 62 | 62 | | [(8)] (7) To refer to the Chief State's Attorney evidence bearing upon violation of any provision of chapter 149, 151 to 153, inclusive, 155 [, 156 or 157] or 156 or any other provision of the general statutes pertaining to or relating to any such election, primary or referendum; |
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| 63 | 63 | | |
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| 64 | 64 | | [(9)] (8) To refer to the Attorney General evidence for injunctive relief and any other ancillary equitable relief in the circumstances of subdivision [(8)] (7) of this subsection. Nothing in this subdivision shall preclude a person who claims that he is aggrieved by a violation of any provision of chapter 152 or any other provision of the general statutes relating to referenda from pursuing injunctive and any other ancillary equitable relief directly from the Superior Court by the filing of a complaint; |
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| 65 | 65 | | |
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| 66 | 66 | | [(10)] (9) To refer to the Attorney General evidence pertaining to any ruling which the commission finds to be in error made by election officials in connection with any election, primary or referendum. Those remedies and procedures available to parties claiming to be aggrieved under the provisions of sections 9-323, 9-324, as amended by this act, 9-328 and 9-329a shall apply to any complaint brought by the Attorney General as a result of the provisions of this subdivision; |
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| 67 | 67 | | |
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| 68 | 68 | | [(11)] (10) To consult with the United States Department of Justice and the United States Attorney for Connecticut on any investigation pertaining to a violation of this section, section 9-12, subsection (a) of section 9-17 or 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, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to said department and attorney evidence bearing upon any such violation for prosecution under the provisions of the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time; |
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| 69 | 69 | | |
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| 70 | 70 | | [(12)] (11) To inspect reports filed with town clerks pursuant to chapter 155 and refer to the Chief State's Attorney evidence bearing upon any violation of law therein if such violation was committed knowingly and wilfully; |
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| 71 | 71 | | |
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| 72 | 72 | | [(13)] (12) To intervene in any action brought pursuant to the provisions of sections 9-323, 9-324, as amended by this act, 9-328 and 9-329a upon application to the court in which such action is brought when in the opinion of the court it is necessary to preserve evidence of possible criminal violation of the election laws; |
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| 73 | 73 | | |
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| 74 | 74 | | [(14)] (13) To adopt and publish regulations pursuant to chapter 54 to carry out the provisions of section 9-7a, this section, and [chapters 155 and 157] chapter 155; to issue upon request and publish advisory opinions in the Connecticut Law Journal upon the requirements of [chapters 155 and 157] chapter 155, and to make recommendations to the General Assembly concerning suggested revisions of the election laws; |
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| 75 | 75 | | |
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| 76 | 76 | | Sec. 3. Section 9-324 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 77 | 77 | | |
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| 78 | 78 | | (1) Any elector or candidate who claims (A) that such elector or candidate is aggrieved by any ruling of any election official in connection with any election for Governor, Lieutenant Governor, Secretary of the State, State Treasurer, Attorney General, State Comptroller or judge of probate, held in such elector's or candidate's town, or (B) that there has been a mistake in the count of the votes cast at such election for candidates for said offices or any of them, at any voting district in such elector's or candidate's town, or (2) any candidate for such an office who claims that such candidate is aggrieved by a violation of any provision of section 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at such election, [or any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, Attorney General or State Comptroller, who claims that such candidate is aggrieved by a violation of any provision of sections 9-700 to 9-716, inclusive,] may bring such elector's or candidate's complaint to any judge of the Superior Court, in which such elector or candidate shall set out the claimed errors of such election official, the claimed errors in the count or the claimed violations of said sections. In any action brought pursuant to the provisions of this section, the complainant shall send a copy of the complaint by first-class mail, or deliver a copy of the complaint by hand, to the State Elections Enforcement Commission. If such complaint is made prior to such election, such judge shall proceed expeditiously to render judgment on the complaint and shall cause notice of the hearing to be given to the Secretary of the State and the State Elections Enforcement Commission. If such complaint is made subsequent to the election, it shall be brought not later than fourteen days after the election or, if such complaint is brought in response to the manual tabulation of paper ballots authorized pursuant to section 9-320f, such complaint shall be brought not later than seven days after the close of any such manual tabulation and, in either such circumstance, such judge shall forthwith order a hearing to be had upon such complaint, upon a day not more than five nor less than three days from the making of such order, and shall cause notice of not less than three nor more than five days to be given to any candidate or candidates whose election may be affected by the decision upon such hearing, to such election official, the Secretary of the State, the State Elections Enforcement Commission and to any other party or parties whom such judge deems proper parties thereto, of the time and place for the hearing upon such complaint. Such judge shall, on the day fixed for such hearing and without unnecessary delay, proceed to hear the parties. If sufficient reason is shown, such judge may order any voting tabulators to be unlocked or any ballot boxes to be opened and a recount of the votes cast, including absentee ballots, to be made. Such judge shall thereupon, in case such judge finds any error in the rulings of the election official, any mistake in the count of the votes or any violation of said sections, certify the result of such judge's finding or decision to the Secretary of the State before the fifteenth day of the next succeeding December. Such judge may order a new election or a change in the existing election schedule. Such certificate of such judge of such judge's finding or decision shall be final and conclusive upon all questions relating to errors in the rulings of such election officials, to the correctness of such count, and, for the purposes of this section only, such claimed violations, and shall operate to correct the returns of the moderators or presiding officers, so as to conform to such finding or decision, unless the same is appealed from as provided in section 9-325. |
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| 79 | 79 | | |
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| 80 | 80 | | Sec. 4. Section 9-372 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 81 | 81 | | |
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| 82 | 82 | | The following terms, as used in this chapter [, chapter 157] and sections 9-51 to 9-67, inclusive, 9-169e, 9-217, 9-236 and 9-361, shall have the following meanings: |
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| 83 | 83 | | |
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| 84 | 84 | | (1) "Caucus" means any meeting, at a designated hour and place, or at designated hours and places, of the enrolled members of a political party within a municipality or political subdivision thereof for the purpose of selecting party-endorsed candidates for a primary to be held by such party or for the purpose of transacting other business of such party; |
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| 85 | 85 | | |
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| 86 | 86 | | (2) "Convention" means a meeting of delegates of a political party held for the purpose of designating the candidate or candidates to be endorsed by such party in a primary of such party for state or district office or for the purpose of transacting other business of such party; |
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| 87 | 87 | | |
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| 88 | 88 | | (3) "District" means any geographic portion of the state which crosses the boundary or boundaries between two or more towns; |
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| 89 | 89 | | |
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| 90 | 90 | | (4) "District office" means an elective office for which only the electors in a district, as defined in subdivision (3) of this section, may vote; |
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| 91 | 91 | | |
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| 92 | 92 | | (5) "Major party" means (A) a political party or organization whose candidate for Governor at the last-preceding election for Governor received, under the designation of that political party or organization, at least twenty per cent of the whole number of votes cast for all candidates for Governor, or (B) a political party having, at the last-preceding election for Governor, a number of enrolled members on the active registry list equal to at least twenty per cent of the total number of enrolled members of all political parties on the active registry list in the state; |
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| 93 | 93 | | |
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| 94 | 94 | | (6) "Minor party" means a political party or organization which is not a major party and whose candidate for the office in question received at the last-preceding regular election for such office, under the designation of that political party or organization, at least one per cent of the whole number of votes cast for all candidates for such office at such election; |
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| 95 | 95 | | |
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| 96 | 96 | | (7) "Municipal office" means an elective office for which only the electors of a single town, city, borough, or political subdivision, as defined in subdivision (10) of this section, may vote, including the office of justice of the peace; |
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| 97 | 97 | | |
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| 98 | 98 | | (8) "Party designation committee" means an organization, composed of at least twenty-five members who are electors, which has, on or after November 4, 1981, reserved a party designation with the Secretary of the State pursuant to the provisions of this chapter; |
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| 99 | 99 | | |
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| 100 | 100 | | (9) "Party-endorsed candidate" means (A) in the case of a candidate for state or district office, a person endorsed by the convention of a political party as a candidate in a primary to be held by such party, and (B) in the case of a candidate for municipal office or for member of a town committee, a person endorsed by the town committee, caucus or convention, as the case may be, of a political party as a candidate in a primary to be held by such party; |
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| 101 | 101 | | |
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| 102 | 102 | | (10) "Political subdivision" means any voting district or combination of voting districts constituting a part of a municipality; |
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| 103 | 103 | | |
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| 104 | 104 | | (11) "Primary" means a meeting of the enrolled members of a political party and, when applicable under section 9-431, unaffiliated electors, held during consecutive hours at which such members or electors may, without assembling at the same hour, vote by secret ballot for candidates for nomination to office or for town committee members; |
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| 105 | 105 | | |
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| 106 | 106 | | (12) "Registrar" means the registrar of voters in a municipality who is enrolled with the political party holding a primary and, in each municipality where there are different registrars for different voting districts, means the registrar so enrolled in the voting district in which, at the last-preceding regular election, the presiding officer for the purpose of declaring the result of the vote of the whole municipality was moderator; |
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| 107 | 107 | | |
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| 108 | 108 | | (13) "Slate" means a group of candidates for nomination by a political party to the office of justice of the peace of a town, which group numbers at least a bare majority of the number of justices of the peace to be nominated by such party for such town; |
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| 109 | 109 | | |
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| 110 | 110 | | (14) "State office" means any office for which all the electors of the state may vote and includes the office of Governor, Lieutenant Governor, Secretary, Treasurer, Comptroller, Attorney General and senator in Congress, but does not include the office of elector of President and Vice-President of the United States; |
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| 111 | 111 | | |
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| 112 | 112 | | (15) "Votes cast for the same office at the last-preceding election" or "votes cast for all candidates for such office at the last-preceding election" means, in the case of multiple openings for the same office, the total number of electors checked as having voted at the last-preceding election at which such office appeared on the ballot. |
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| 113 | 113 | | |
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| 114 | 114 | | Sec. 5. Section 9-601 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 115 | 115 | | |
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| 116 | 116 | | As used in this chapter: [and chapter 157:] |
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| 117 | 117 | | |
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| 118 | 118 | | (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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| 119 | 119 | | |
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| 120 | 120 | | (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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| 121 | 121 | | |
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| 122 | 122 | | (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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| 123 | 123 | | |
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| 124 | 124 | | (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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| 125 | 125 | | |
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| 126 | 126 | | (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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| 127 | 127 | | |
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| 128 | 128 | | (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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| 129 | 129 | | |
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| 130 | 130 | | (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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| 131 | 131 | | |
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| 132 | 132 | | (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-194, 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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| 133 | 133 | | |
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| 134 | 134 | | (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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| 135 | 135 | | |
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| 136 | 136 | | (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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| 137 | 137 | | |
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| 138 | 138 | | (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, other than for a party committee, made expenditures or given such individual's consent to any other person, other than a party committee, 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, as amended by this act, and section 9-621, "candidate" also means an individual who is a candidate in a primary for town committee members. |
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| 139 | 139 | | |
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| 140 | 140 | | (12) "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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| 141 | 141 | | |
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| 142 | 142 | | (13) "Deputy treasurer" means the individual appointed by the candidate or by the chairperson of a committee to serve in the capacity of the treasurer if the treasurer is unable to perform the treasurer's duties. |
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| 143 | 143 | | |
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| 144 | 144 | | (14) "Solicitor" means an individual appointed by a treasurer of a committee to receive, but not to disburse, funds on behalf of the committee. |
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| 145 | 145 | | |
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| 146 | 146 | | (15) "Referendum question" means a question to be voted upon at any election or referendum, including a proposed constitutional amendment. |
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| 147 | 147 | | |
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| 148 | 148 | | (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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| 149 | 149 | | |
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| 150 | 150 | | (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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| 151 | 151 | | |
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| 152 | 152 | | (18) "Agent" means a person authorized to act for or in place of another. |
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| 153 | 153 | | |
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| 154 | 154 | | (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. "Entity" includes any 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, and any tax-exempt political organization organized under Section 527 of said code. |
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| 155 | 155 | | |
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| 156 | 156 | | (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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| 157 | 157 | | |
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| 158 | 158 | | (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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| 159 | 159 | | |
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| 160 | 160 | | (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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| 161 | 161 | | |
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| 162 | 162 | | (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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| 163 | 163 | | |
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| 164 | 164 | | (24) "Immediate family" means the spouse or a dependent child of an individual. |
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| 165 | 165 | | |
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| 166 | 166 | | (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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| 167 | 167 | | |
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| 168 | 168 | | (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, and (iii) the communication is made to promote the success or defeat of any candidate or slate of candidates seeking the nomination for election, or election or for the purpose of aiding or promoting the success or defeat of any referendum question or the success or defeat of any political party, provided such communication is not a solicitation for or on behalf of a candidate committee; |
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| 169 | 169 | | |
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| 170 | 170 | | (B) A document in printed or electronic form, including a party platform, an electronic page providing merchant account services to be used by a candidate for the collection of on-line contributions, 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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| 171 | 171 | | |
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| 172 | 172 | | (C) A campaign event at which a candidate or candidates are present; or |
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| 173 | 173 | | |
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| 174 | 174 | | (D) The retention of the services of an advisor to provide assistance relating to campaign organization, financing, accounting, strategy, law or media. |
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| 175 | 175 | | |
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| 176 | 176 | | (26) "Solicit" means (A) requesting that a contribution be made, (B) participating in any fundraising 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, serving on the committee that is hosting a fundraising event, introducing the candidate or making other public remarks at a fundraising event, being honored or otherwise recognized at a fundraising event, 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, (iv) serving as a member in any party committee or as an officer of such committee that is not otherwise prohibited in this subdivision, or (v) mere attendance at a fundraiser. |
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| 177 | 177 | | |
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| 178 | 178 | | (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 fundraising 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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| 179 | 179 | | |
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| 180 | 180 | | (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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| 181 | 181 | | |
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| 182 | 182 | | (29) (A) "Covered transfer" means any donation, transfer or payment of funds by a person to another person if the person receiving the donation, transfer or payment makes independent expenditures or transfers funds to another person who makes independent expenditures. |
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| 183 | 183 | | |
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| 184 | 184 | | (B) The term "covered transfer" does not include: |
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| 185 | 185 | | |
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| 186 | 186 | | (i) A donation, transfer or payment made by a person in the ordinary course of any trade or business; |
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| 187 | 187 | | |
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| 188 | 188 | | (ii) A donation, transfer or payment made by a person, if the person making the donation, transfer or payment prohibited the use of such donation, transfer or payment for an independent expenditure or a covered transfer and the recipient of the donation, transfer or payment agreed to follow the prohibition and deposited the donation, transfer or payment in an account which is segregated from any account used to make independent expenditures or covered transfers; |
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| 189 | 189 | | |
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| 190 | 190 | | (iii) Dues, fees or assessments that are transferred between affiliated entities and paid by individuals on a regular, periodic basis in accordance with a per-individual calculation that is made on a regular basis; |
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| 191 | 191 | | |
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| 192 | 192 | | (iv) For purposes of this subdivision, "affiliated" means (I) the governing instrument of the entity requires it to be bound by decisions of the other entity; (II) the governing board of the entity includes persons who are specifically designated representatives of the other entity or who are members of the governing board, officers, or paid executive staff members of the other entity, or whose service on the governing board is contingent upon the approval of the other entity; or (III) the entity is chartered by the other entity. "Affiliated" includes entities that are an affiliate of the other entity or where both of the entities are an affiliate of the same entity. |
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| 193 | 193 | | |
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| 194 | 194 | | (30) "Party building activity" includes, but is not limited to, any political meeting, conference, convention, and other event, attendance or involvement at which promotes or advances the interests of a party at a local, state or national level, and any associated expenses, including travel, lodging, and any admission fees or other costs, whether or not any such meeting, conference, convention, or other event is sponsored by the party. |
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| 195 | 195 | | |
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| 196 | 196 | | (31) "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. |
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| 197 | 197 | | |
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| 198 | 198 | | (32) "General election campaign" means (A) in the case of a candidate nominated at a primary, the period beginning on the day following the primary and ending on the date the treasurer files the final statement for such campaign pursuant to section 9-608, as amended by this act, or (B) in the case of a candidate nominated without a primary, the period beginning on the day following the day on which the candidate is nominated and ending on the date the treasurer files the final statement for such campaign pursuant to section 9-608, as amended by this act. |
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| 199 | 199 | | |
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| 200 | 200 | | (33) "Primary campaign" means the period beginning on the day following the close of (A) a convention held pursuant to section 9-382 for the purposes of endorsing a candidate for nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative, or (B) a caucus, convention or town committee meeting held pursuant to section 9-390 for the purpose of endorsing a candidate for the municipal office of state senator or state representative, whichever is applicable, and ending on the day of a primary held for the purpose of nominating a candidate to such office. |
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| 201 | 201 | | |
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| 202 | 202 | | Sec. 6. Subsections (a) and (b) of section 9-601a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 203 | 203 | | |
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| 204 | 204 | | (a) As used in this chapter, [and chapter 157,] "contribution" means: |
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| 205 | 205 | | |
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| 206 | 206 | | (1) Any gift, subscription, loan, advance, payment or deposit of money or anything of value, made to promote the success or defeat of any candidate seeking the nomination for election, or election or for the purpose of aiding or promoting the success or defeat of any referendum question or the success or defeat of any political party; |
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| 207 | 207 | | |
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| 208 | 208 | | (2) A written contract, promise or agreement to make a contribution for any such purpose; |
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| 209 | 209 | | |
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| 210 | 210 | | (3) The payment by any person, other than a candidate or 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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| 211 | 211 | | |
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| 212 | 212 | | (4) An expenditure that is not an independent expenditure; or |
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| 213 | 213 | | |
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| 214 | 214 | | (5) Funds received by a committee which are transferred from another committee or other source for any such purpose. |
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| 215 | 215 | | |
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| 216 | 216 | | (b) As used in this chapter, [and chapter 157,] "contribution" does not mean: |
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| 217 | 217 | | |
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| 218 | 218 | | (1) A loan of money made in the ordinary course of business by a national or state bank; |
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| 219 | 219 | | |
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| 220 | 220 | | (2) Any communication made by a corporation, organization or association solely to its members, owners, stockholders, executive or administrative personnel, or their families; |
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| 221 | 221 | | |
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| 222 | 222 | | (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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| 223 | 223 | | |
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| 224 | 224 | | (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] any candidate 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 for similar services that may be performed in the future; |
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| 225 | 225 | | |
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| 226 | 226 | | (5) The use of real or personal property, a portion or all of the cost of invitations and the cost of food or beverages, voluntarily provided by an individual to a candidate [, including a nonparticipating or participating candidate under the Citizens' Election Program,] or to a 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 by an individual on behalf of any candidate or committee does not exceed four hundred dollars with respect to any single event or 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 with respect to a calendar year or single election, as the case may be; |
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| 227 | 227 | | |
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| 228 | 228 | | (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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| 229 | 229 | | |
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| 230 | 230 | | (7) The display of a lawn sign by a human being or on real property; |
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| 231 | 231 | | |
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| 232 | 232 | | (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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| 233 | 233 | | |
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| 234 | 234 | | (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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| 235 | 235 | | |
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| 236 | 236 | | (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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| 237 | 237 | | |
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| 238 | 238 | | (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 party committee or a political committee, other than an exploratory committee, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single party committee or a political committee, other than an exploratory 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 party committee or a political committee, other than an exploratory 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 (f) of section 9-612; |
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| 239 | 239 | | |
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| 240 | 240 | | (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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| 241 | 241 | | |
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| 242 | 242 | | (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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| 243 | 243 | | |
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| 244 | 244 | | (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 distribution company, provided the security deposit is refunded to the individual; |
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| 245 | 245 | | |
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| 246 | 246 | | (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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| 247 | 247 | | |
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| 248 | 248 | | (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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| 249 | 249 | | |
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| 250 | 250 | | (16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee; |
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| 251 | 251 | | |
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| 252 | 252 | | (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; |
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| 253 | 253 | | |
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| 254 | 254 | | (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 or digital photos or video as part of an electronic file 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, (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; |
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| 255 | 255 | | |
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| 256 | 256 | | (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 by such party committee, legislative caucus committee or legislative leadership committee; |
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| 257 | 257 | | |
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| 258 | 258 | | (20) A communication, as described in subdivision (7) of subsection (b) of section 9-601b, as amended by this act; |
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| 259 | 259 | | |
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| 260 | 260 | | (21) An independent expenditure, as defined in section 9-601c, as amended by this act; |
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| 261 | 261 | | |
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| 262 | 262 | | (22) A communication containing an endorsement on behalf of a candidate for nomination or election to the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, from a candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, provided the candidate (A) making the endorsement is unopposed at the time of the communication, and (B) being endorsed paid for such communication; |
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| 263 | 263 | | |
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| 264 | 264 | | (23) A communication that is sent by mail to addresses in the district for which a candidate being endorsed by another candidate pursuant to this subdivision is seeking nomination or election to the office of state senator or state representative, containing an endorsement on behalf of such candidate for such nomination or election from a candidate for the office of state senator or state representative, provided the candidate (A) making the endorsement is not seeking election to the office of state senator or state representative for a district that contains any geographical area shared by the district for the office to which the endorsed candidate is seeking nomination or election, and (B) being endorsed paid for such communication; or |
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| 265 | 265 | | |
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| 266 | 266 | | (24) Campaign training events provided to multiple individuals by a legislative caucus committee and any associated materials, provided the cumulative value of such events and materials does not exceed six thousand dollars in the aggregate for a calendar year. |
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| 267 | 267 | | |
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| 268 | 268 | | Sec. 7. Subsections (a) and (b) of section 9-601b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 269 | 269 | | |
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| 270 | 270 | | (a) As used in this chapter, [and chapter 157, the term] "expenditure" means: |
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| 271 | 271 | | |
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| 272 | 272 | | (1) Any purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, when made to promote the success or defeat of any candidate seeking 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 the success or defeat of any political party; |
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| 273 | 273 | | |
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| 274 | 274 | | (2) Any communication that (A) refers to one or more clearly identified candidates, and (B) is broadcast by radio, television, other than on a public access channel, or by satellite communication or via the Internet, or as a paid-for telephone communication, or appears in a newspaper, magazine or on a billboard, or is sent by mail; or |
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| 275 | 275 | | |
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| 276 | 276 | | (3) The transfer of funds by a committee to another committee. |
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| 277 | 277 | | |
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| 278 | 278 | | (b) [The term] As used in this chapter, "expenditure" does not mean: |
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| 279 | 279 | | |
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| 280 | 280 | | (1) A loan of money, made in the ordinary course of business, by a state or national bank; |
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| 281 | 281 | | |
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| 282 | 282 | | (2) A communication made by any corporation, organization or association solely to its members, owners, stockholders, executive or administrative personnel, or their families; |
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| 283 | 283 | | |
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| 284 | 284 | | (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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| 285 | 285 | | |
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| 286 | 286 | | (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] any candidate 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 for similar services that may be performed in the future; |
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| 287 | 287 | | |
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| 288 | 288 | | (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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| 289 | 289 | | |
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| 290 | 290 | | (6) The use of real or personal property, a portion or all of the cost of invitations and the cost of food or beverages, voluntarily provided by an individual to a candidate [, including a nonparticipating or participating candidate under the Citizens' Election Program,] or to a 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 by an individual on behalf of any candidate or committee does not exceed four hundred dollars with respect to any single event or 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 with respect to a calendar year or single election, as the case may be; |
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| 291 | 291 | | |
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| 292 | 292 | | (7) A communication described in subdivision (2) of subsection (a) of this section that includes speech or expression made (A) prior to the ninety-day period preceding the date of a primary or an election at which the clearly identified candidate or candidates are seeking nomination to public office or position, that is made for the purpose of influencing any legislative or administrative action, as defined in section 1-91, or executive action, or (B) during a legislative session for the purpose of influencing legislative action; |
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| 293 | 293 | | |
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| 294 | 294 | | (8) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee; |
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| 295 | 295 | | |
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| 296 | 296 | | (9) 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; |
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| 297 | 297 | | |
|---|
| 298 | 298 | | (10) A communication containing an endorsement on behalf of a candidate for nomination or election to the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, from a candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, shall not be an expenditure attributable to the endorsing candidate, if the candidate making the endorsement is unopposed at the time of the communication; |
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| 299 | 299 | | |
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| 300 | 300 | | (11) A communication that is sent by mail to addresses in the district for which a candidate being endorsed by another candidate pursuant to the provisions of this subdivision is seeking nomination or election to the office of state senator or state representative, containing an endorsement on behalf of such candidate for such nomination or election, from a candidate for the office of state senator or state representative, shall not be an expenditure attributable to the endorsing candidate, if the candidate making the endorsement is not seeking election to the office of state senator or state representative for a district that contains any geographical area shared by the district for the office to which the endorsed candidate is seeking nomination or election; |
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| 301 | 301 | | |
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| 302 | 302 | | (12) Campaign training events provided to multiple individuals by a legislative caucus committee and any associated materials, provided the cumulative value of such events and materials does not exceed six thousand dollars in the aggregate for a calendar year; |
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| 303 | 303 | | |
|---|
| 304 | 304 | | (13) A lawful communication by any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; |
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| 305 | 305 | | |
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| 306 | 306 | | (14) 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 by such party committee, legislative caucus committee or legislative leadership committee; or |
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| 307 | 307 | | |
|---|
| 308 | 308 | | (15) An expense or expenses incurred by a human being acting alone in an amount that is two hundred dollars or less, in the aggregate, that benefits a candidate for a single election. |
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| 309 | 309 | | |
|---|
| 310 | 310 | | Sec. 8. Subsection (a) of section 9-601c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
|---|
| 311 | 311 | | |
|---|
| 312 | 312 | | (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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| 313 | 313 | | |
|---|
| 314 | 314 | | Sec. 9. Subsection (b) of section 9-601d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 315 | 315 | | |
|---|
| 316 | 316 | | (b) Any person who makes or obligates to make an independent expenditure or expenditures in an election or primary for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, state senator or state representative, which exceed one thousand dollars, in the aggregate, during a primary campaign or a general election campaign, as defined in section [9-700] 9-601, as amended by this act, shall file, electronically, a long-form and a short-form report of such independent expenditure or expenditures with the State Elections Enforcement Commission pursuant to subsections (c) and (d) of this section. The person that makes or obligates to make such independent expenditure or expenditures shall file such reports not later than twenty-four hours after (1) making any such payment, or (2) obligating to make any such payment, with respect to the primary or election. If any such person makes or incurs a subsequent independent expenditure, such person shall report such expenditure pursuant to subsection (d) of this section. Such reports shall be filed under penalty of false statement. |
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| 317 | 317 | | |
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| 318 | 318 | | Sec. 10. Subdivision (1) of subsection (g) of section 9-601d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 319 | 319 | | |
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| 320 | 320 | | (g) (1) A person may, unless otherwise restricted or prohibited by law, including, but not limited to, any provision of this chapter, [or chapter 157,] establish a dedicated independent expenditure account, for the purpose of engaging in independent expenditures, that is segregated from all other accounts controlled by such person. Such dedicated independent expenditure account may receive covered transfers directly from persons other than the person establishing the dedicated account and may not receive transfers from another account controlled by the person establishing the dedicated account, except as provided in subdivision (2) of this subsection. If an independent expenditure is made from such segregated account, any report required pursuant to this section or disclaimer required pursuant to section 9-621 may include only those persons who made covered transfers directly to the dedicated independent expenditure account. |
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| 321 | 321 | | |
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| 322 | 322 | | Sec. 11. Subsection (b) of section 9-605 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 323 | 323 | | |
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| 324 | 324 | | (b) The registration statement shall include: (1) The name and address of the committee; (2) a statement of the purpose of the committee; (3) the name and address of its treasurer, and deputy treasurer if applicable; (4) the name, address and position of its chairman, and other principal officers if applicable; (5) the name and address of the depository institution for its funds; (6) the name of each person, other than an individual, that is a member of the committee; (7) the name and party affiliation of each candidate whom the committee is supporting and the office or position sought by each candidate; (8) if the committee is supporting the entire ticket of any party, a statement to that effect and the name of the party; (9) if the committee is supporting or opposing any referendum question, a brief statement identifying the substance of the question; (10) if the committee is established by a business entity or organization, the name of the entity or organization; (11) if the committee is established by an organization, whether it will receive its funds from the organization's treasury or from voluntary contributions; (12) if the committee files reports with the Federal Elections Commission or any out-of-state agency, a statement to that effect including the name of the agency; (13) a statement indicating whether the committee is established for a single primary, election or referendum or for ongoing political activities; (14) if the committee is established or controlled by a lobbyist, a statement to that effect and the name of the lobbyist; (15) the name and address of the person making the initial contribution or disbursement, if any, to the committee; and (16) any information that the State Elections Enforcement Commission requires to facilitate compliance with the provisions of this chapter. [or chapter 157.] If no such initial contribution or disbursement has been made at the time of the filing of such statement, the treasurer of the committee shall, not later than forty-eight hours after receipt of such contribution or disbursement, file a report with the State Elections Enforcement Commission. The report shall be in the same form as statements filed under section 9-608, as amended by this act. |
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| 325 | 325 | | |
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| 326 | 326 | | Sec. 12. Subsection (d) of section 9-606 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 327 | 327 | | |
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| 328 | 328 | | (d) No person shall act as a treasurer or deputy treasurer (1) unless the person is an elector of this state, the person has paid any civil penalties or forfeitures assessed pursuant to chapters 155 [to 157, inclusive,] and 156 and a statement, signed by the chairman in the case of a party committee or political committee or by the candidate in the case of a candidate committee, designating the person as treasurer or deputy treasurer, has been filed in accordance with section 9-603, and (2) if such person has been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, any (A) felony involving fraud, forgery, larceny, embezzlement or bribery, or (B) criminal offense under this title, unless at least eight years have elapsed from the date of the conviction or plea or the completion of any sentence, whichever date is later, without a subsequent conviction of or plea to another such felony or offense. In the case of a political committee, the filing of a statement of organization by the chairman of the committee, in accordance with the provisions of section 9-605, as amended by this act, shall constitute compliance with the filing requirements of this section. No provision of this subsection shall prevent the treasurer, deputy treasurer or solicitor of any committee from being the treasurer, deputy treasurer or solicitor of any other committee or prevent any committee from having more than one solicitor, but no candidate shall have more than one treasurer. A candidate shall not serve as the candidate's own treasurer or deputy treasurer, except that a candidate who is exempt from forming a candidate committee under subsection (b) of section 9-604 and has filed a certification that the candidate is financing the candidate's campaign from the candidate's own personal funds or is not receiving or expending in excess of one thousand dollars may perform the duties of a treasurer for the candidate's own campaign. |
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| 329 | 329 | | |
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| 330 | 330 | | Sec. 13. Subsection (a) of section 9-606a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 331 | 331 | | |
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| 332 | 332 | | (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, as amended by this act, 9-606, as amended by this act, 9-607, as amended by this act, 9-608, as amended by this act, 9-609, 9-610, as amended by this act, 9-614, 9-622, 9-623, 9-624 and [,] 9-675, as amended by this act. [9-700, 9-703, 9-704, 9-706, 9-707, 9-709, 9-711 and 9-712.] |
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| 333 | 333 | | |
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| 334 | 334 | | Sec. 14. Subsection (i) of section 9-607 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 335 | 335 | | |
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| 336 | 336 | | (i) The right of any person to expend money for proper legal expenses in maintaining or contesting the results of any election or primary shall not be affected or limited by the provisions of this chapter, [or chapter 157,] provided only sources eligible to contribute to the candidate for the campaign may contribute to the payment of legal expenses. |
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| 337 | 337 | | |
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| 338 | 338 | | Sec. 15. Subdivision (1) of subsection (a) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 339 | 339 | | |
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| 340 | 340 | | (a) (1) Each treasurer of a committee, other than a state central committee, shall file a statement, sworn under penalty of false statement with the proper authority in accordance with the provisions of section 9-603, (A) on the tenth calendar day in the months of January, April, July and October, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day, except that in the case of a candidate or exploratory committee established for an office to be elected at a special election, statements pursuant to this subparagraph shall not be required, (B) on the seventh day preceding each regular state election, except that (i) in the case of a candidate or exploratory committee established for an office to be elected at a municipal election, the statement shall be filed on the seventh day preceding a regular municipal election in lieu of such date, except if the candidate's name is not eligible to appear on the ballot, in which case such statement shall not be required, (ii) in the case of a town committee, the statement shall be filed on the seventh day preceding each municipal election in addition to such date, and (iii) [in the case of a candidate committee in a state election that is required to file any supplemental campaign finance statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, such supplemental campaign finance statements shall satisfy the filing requirement under this subdivision, and (iv)] in the case of a candidate committee established by a candidate whose name is not eligible to appear on the ballot, such statement shall not be required, and (C) if the committee has made or received a contribution or expenditure in connection with any other election, a primary or a referendum, on the seventh day preceding the election, primary or referendum. [, except that in the case of a candidate committee in a primary that is required to file statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, such statements shall satisfy the filing requirement under this subdivision.] The statement shall be complete as of eleven fifty-nine o'clock p.m. of the last day of the month preceding the month in which the statement is required to be filed, except that for the statement required to be filed on the seventh day preceding the election, primary or referendum, the statement shall be complete as of eleven fifty-nine o'clock p.m. of the second day immediately preceding the required filing day. The statement shall cover a period to begin with the first day not included in the last filed statement. In the case of a candidate committee, the statement required to be filed in January shall be in lieu of the statement formerly required to be filed within forty-five days following an election. |
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| 341 | 341 | | |
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| 342 | 342 | | Sec. 16. Subsection (d) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 343 | 343 | | |
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| 344 | 344 | | (d) At the time of filing statements required under this section, the treasurer of each candidate committee shall send to the candidate a duplicate statement and the treasurer of each party committee and each political committee other than an exploratory committee shall send to the chairman of the committee a duplicate statement. Each statement required to be filed with the commission under this section [,] or section 9-601d, as amended by this act, [section 9-706 or section 9-712] shall be deemed to be filed in a timely manner if: (1) For a statement filed as a hard copy, including, but not limited to, a statement delivered by the United States Postal Service, courier service, parcel service or hand delivery, the statement is received by the commission by five o'clock p.m. on the day the statement is required to be filed, (2) for a statement authorized by the commission to be filed electronically, including, but not limited to, a statement filed via dedicated electronic mail, facsimile machine, a web-based program created by the commission or other electronic means, the statement is transmitted to the commission not later than eleven fifty-nine o'clock p.m. on the day the statement is required to be filed, or (3) for a statement required to be filed pursuant to section 9-601d, as amended by this act, [section 9-706 or section 9-712,] by the deadline specified in each such section. Any other filing required to be filed with a town clerk pursuant to this section shall be deemed to be filed in a timely manner if it is delivered by hand to the office of the town clerk in accordance with the provisions of section 9-603 before four-thirty o'clock p.m. or postmarked by the United States Postal Service before midnight on the required filing day. If the day for any filing falls on a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day thereafter. The State Elections Enforcement Commission shall not levy a penalty upon a treasurer for failure to file a hard copy of a statement in a timely manner in accordance with the provisions of this section if such treasurer has a copy of the statement time stamped by the State Elections Enforcement Commission that shows timely receipt of the statement or the treasurer has a return receipt from the United States Postal Service or a similar receipt from a commercial delivery service confirming timely delivery of such statement was made or should have been made to said commission. |
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| 345 | 345 | | |
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| 346 | 346 | | Sec. 17. Subparagraph (A) of subdivision (1) of subsection (e) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 347 | 347 | | |
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| 348 | 348 | | (A) Such committees may distribute their surplus to a party committee, or a political committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, [distribute all or any part of such surplus to the Citizens' Election Fund established in section 9-701,] distribute such surplus to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or, in the case of a candidate committee for any candidate, [other than a participating candidate,] distribute such surplus to an organization under Section 501(c)(19) of said code, as from time to time amended, provided (i) no candidate committee may distribute such surplus to a committee which has been established to finance future political campaigns of the candidate, and (ii) [a candidate committee which received moneys from the Citizens' Election Fund shall distribute such surplus to such fund, and (iii)] a candidate committee [for a nonparticipating candidate, as described in subsection (b) of section 9-703, may only] may distribute any such surplus [to the Citizens' Election Fund or] to a charitable organization; |
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| 349 | 349 | | |
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| 350 | 350 | | Sec. 18. Subparagraphs (E) to (H), inclusive, of subdivision (1) of subsection (e) of section 9-608 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 351 | 351 | | |
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| 352 | 352 | | (E) The treasurer of a candidate committee, or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall, prior to the dissolution of such committee, either (i) distribute any equipment purchased, including, but not limited to, computer equipment, to any recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased, including but not limited to computer equipment, to any person for fair market value and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A); and |
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| 353 | 353 | | |
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| 354 | 354 | | [(F) The treasurer of a qualified candidate committee may, following an election or unsuccessful primary, provide a post-primary thank you meal or a post-election thank you meal for committee workers, provided such meal (i) occurs not later than fourteen days after the applicable election or primary day, and (ii) the cost for such meal does not exceed thirty dollars per worker; |
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| 355 | 355 | | |
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| 356 | 356 | | (G) The treasurer of a qualified candidate committee may, following an election or unsuccessful primary, exclusive of any payments that have been rendered pursuant to a written service agreement, make payment to a treasurer for services rendered to the candidate committee, provided such payment does not exceed one thousand dollars; and] |
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| 357 | 357 | | |
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| 358 | 358 | | [(H)] (F) The treasurer of a candidate committee may, following an election or unsuccessful primary, utilize funds for the purpose of complying with any audit conducted by the State Elections Enforcement Commission pursuant to subdivision [(5)] (4) of subsection (a) of section 9-7b, as amended by this act. |
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| 359 | 359 | | |
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| 360 | 360 | | Sec. 19. Subsection (f) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 361 | 361 | | |
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| 362 | 362 | | (f) If an exploratory committee has been established by a candidate pursuant to subsection (c) of section 9-604, the treasurer of the committee shall file a notice of intent to dissolve it with the appropriate authority not later than fifteen days after the candidate's declaration of intent to seek nomination or election to a particular public office, except that in the case of an exploratory committee established by a candidate for purposes that include aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the treasurer of the committee shall file such notice of intent to dissolve the committee not later than fifteen days after the earlier of: (1) The candidate's declaration of intent to seek nomination or election to a particular public office, (2) the candidate's endorsement at a convention, caucus or town committee meeting, or (3) the candidate's filing of a candidacy for nomination under section 9-400 or 9-405. The treasurer shall also file a statement identifying all contributions received or expenditures made by the exploratory committee since the previous statement and the balance on hand or deficit, as the case may be. In the event of a surplus, the treasurer shall, not later than the filing of the statement, distribute the surplus to the candidate committee established pursuant to said section, except that [(A) in the case of a surplus of an exploratory committee established by a candidate who intends to be a participating candidate, as defined in section 9-703, in the Citizens' Election Program, the treasurer may distribute to the candidate committee only that portion of such surplus that is attributable to contributions that meet the criteria for qualifying contributions for the candidate committee under section 9-704 and shall distribute the remainder of such surplus to the Citizens' Election Fund established in section 9-701, and (B)] in the case of a surplus of an exploratory committee established for nomination or election to an office other than the General Assembly or a state office, [(i)] (A) the treasurer may only distribute to the candidate committee for nomination or election to the General Assembly or state office of such candidate that portion of such surplus which is in excess of the total contributions which the exploratory committee received from lobbyists or political committees established by lobbyists, during any period in which the prohibitions in subsection (e) of section 9-610 apply, and [(ii)] (B) any remaining amount shall be returned to all such lobbyists and political committees established by or on behalf of lobbyists, on a prorated basis of contribution, or distributed to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. If the candidate decides not to seek nomination or election to any office, the treasurer shall, within fifteen days after such decision, comply with the provisions of this subsection and distribute any surplus in the manner provided by this section for political committees other than those formed for ongoing political activities, except that if the surplus is from an exploratory committee established by the State Treasurer, any portion of the surplus that is received from a principal of an investment services firm or a political committee established by such firm shall be returned to such principal or committee on a prorated basis of contribution. In the event of a deficit, the treasurer shall file a statement thirty days after the decision or declaration with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in such deficit in excess of five hundred dollars from that reported on the last statement filed. The treasurer shall file supplemental statements until the deficit is eliminated. If the exploratory committee does not have a surplus or deficit, the statement filed after the candidate's declaration or decision shall be the last required statement. If a candidate certifies on the statement of organization for the exploratory committee pursuant to subsection (c) of section 9-604 that the candidate will not be a candidate for the office of state representative and subsequently establishes a candidate committee for the office of state representative, the treasurer of the candidate committee shall pay to the State Treasurer, for deposit in the General Fund, an amount equal to the portion of any contribution received by said exploratory committee that exceeded two hundred fifty dollars. As used in this subsection, "principal of an investment services firm" has the meaning set forth in subsection (e) of section 9-612 and "state office" has the same meaning set forth in subsection (e) of section 9-610. |
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| 363 | 363 | | |
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| 364 | 364 | | Sec. 20. Subsection (d) of section 9-610 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 365 | 365 | | |
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| 366 | 366 | | (d) (1) No incumbent holding office shall, during the three months preceding an election in which he is a candidate for reelection or election to another office, use public funds to mail or print flyers or other promotional materials intended to bring about his election or reelection. |
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| 367 | 367 | | |
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| 368 | 368 | | (2) No official or employee of the state or a political subdivision of the state shall authorize the use of public funds for a television, radio, movie theater, billboard, bus poster, newspaper or magazine promotional campaign or advertisement, which (A) features the name, face or voice of a candidate for public office, or (B) promotes the nomination or election of a candidate for public office, during the twelve-month period preceding the election being held for the office which the candidate described in this subdivision is seeking. |
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| 369 | 369 | | |
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| 370 | 370 | | [(3) As used in subdivisions (1) and (2) of this subsection, "public funds" does not include any grant or moneys paid to a qualified candidate committee from the Citizens' Election Fund under this chapter.] |
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| 371 | 371 | | |
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| 372 | 372 | | [(4)] (3) No candidate's participation in connection with any activity of the Council of State Governments shall constitute a violation of this subsection. |
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| 373 | 373 | | |
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| 374 | 374 | | Sec. 21. Subsections (a) to (d), inclusive, of section 9-675 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 375 | 375 | | |
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| 376 | 376 | | (a) The State Elections Enforcement Commission shall (1) create a web-based program for the preparation and electronic submission of financial disclosure statements required by chapters 155 [to 157, inclusive] and 156, and (2) prescribe the standard reporting format and specifications for any software program created by a vendor for such purpose. No software program created by a vendor may be used for the electronic submission of such financial disclosure statements unless the commission determines that the software program provides for the standard reporting format and complies with the specifications prescribed under subdivision (2) of this subsection for any such software program. The commission shall provide training in the use of the web-based program created by the commission. |
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| 377 | 377 | | |
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| 378 | 378 | | (b) On and after July 1, 2017, the following shall file all financial disclosure statements required by chapters 155 [to 157, inclusive,] and 156 by electronic submission pursuant to subsection (a) of this section: (1) The treasurer of the candidate committee or exploratory committee for each candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of the State, state senator, state representative or judge of probate that raises or spends one thousand dollars or more, (2) the treasurer of any state central committee, legislative caucus committee or legislative leadership committee, (3) the treasurer of any other political committee or town committee required to be registered with the commission that (A) raises or spends one thousand dollars or more during the current calendar year, or (B) raised or spent one thousand dollars or more in the preceding regular election cycle, and (4) the treasurer of any committee, or any other person, who makes or obligates to make any independent expenditure and who is required to file a financial disclosure statement of any such independent expenditure with the State Elections Enforcement Commission in accordance with the provisions of section 9-601d, as amended by this act. Once any such candidate committee or exploratory committee has raised or spent one thousand dollars or more during an election campaign, all previously filed statements required by chapters 155 [to 157, inclusive, which] and 156 that were not filed by electronic submission shall be refiled in such manner not later than the date on which the treasurer of such committee is required to file its next financial disclosure statement. |
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| 379 | 379 | | |
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| 380 | 380 | | (c) (1) The treasurer of the candidate committee for any other candidate, as defined in section 9-601, as amended by this act, that neither raises nor spends one thousand dollars or more who is required to file the financial disclosure statements required by chapters 155 [to 157, inclusive,] and 156 with the commission, and (2) the treasurer of any other political committee or town committee that neither raises nor spends one thousand dollars or more who is required to file the financial disclosure statements required by chapters 155 [to 157, inclusive,] and 156 with the State Elections Enforcement Commission may file any such financial disclosure statements by electronic submission pursuant to subsection (a) of this section. |
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| 381 | 381 | | |
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| 382 | 382 | | (d) Notwithstanding the provisions of this section, upon the written request of a treasurer or any other person described in subdivisions (1) to (4), inclusive, of subsection (b) of this section, the commission may waive the requirement to file by electronic submission pursuant to subsection (a) of this section if such treasurer or other person demonstrates good cause. |
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| 383 | 383 | | |
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| 384 | 384 | | Sec. 22. Section 53a-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 385 | 385 | | |
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| 386 | 386 | | A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. Larceny includes, but is not limited to: |
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| 387 | 387 | | |
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| 388 | 388 | | (1) Embezzlement. A person commits embezzlement when he wrongfully appropriates to himself or to another property of another in his care or custody. |
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| 389 | 389 | | |
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| 390 | 390 | | (2) Obtaining property by false pretenses. A person obtains property by false pretenses when, by any false token, pretense or device, he obtains from another any property, with intent to defraud him or any other person. |
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| 391 | 391 | | |
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| 392 | 392 | | (3) Obtaining property by false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or does not believe that the third person intends to engage in such conduct. In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. |
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| 393 | 393 | | |
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| 394 | 394 | | (4) Acquiring property lost, mislaid or delivered by mistake. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of larceny if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to it. |
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| 395 | 395 | | |
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| 396 | 396 | | (5) Extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (A) Cause physical injury to some person in the future; or (B) cause damage to property; or (C) engage in other conduct constituting a crime; or (D) accuse some person of a crime or cause criminal charges to be instituted against him; or (E) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or (F) cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or (G) testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (H) use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or (I) inflict any other harm which would not benefit the actor. |
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| 397 | 397 | | |
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| 398 | 398 | | (6) Defrauding of public community. A person is guilty of defrauding a public community who (A) authorizes, certifies, attests or files a claim for benefits or reimbursement from a local, state or federal agency which he knows is false; or (B) knowingly accepts the benefits from a claim he knows is false; or (C) as an officer or agent of any public community, with intent to prejudice it, appropriates its property to the use of any person or draws any order upon its treasury or presents or aids in procuring to be allowed any fraudulent claim against such community. For purposes of this subdivision such order or claim shall be deemed to be property. |
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| 399 | 399 | | |
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| 400 | 400 | | (7) Theft of services. A person is guilty of theft of services when: (A) With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false; or (B) (i) except as provided in section 13b-38i, with intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains such service or avoids payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay, or (ii) with intent to obtain the use of equipment, including a motor vehicle, without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such use which has been permitted him, he obtains such use or avoids such payment therefor by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment, or driver's license; or (C) obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that he is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or a third person, he uses or diverts to the use of himself or a third person such labor, equipment or facilities. |
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| 401 | 401 | | |
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| 402 | 402 | | (8) Receiving stolen property. A person is guilty of larceny by receiving stolen property if he receives, retains, or disposes of stolen property knowing that it has probably been stolen or believing that it has probably been stolen, unless the property is received, retained or disposed of with purpose to restore it to the owner. A person who accepts or receives the use or benefit of a public utility commodity which customarily passes through a meter, knowing such commodity (A) has been diverted therefrom, (B) has not been correctly registered or (C) has not been registered at all by a meter, is guilty of larceny by receiving stolen property. |
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| 403 | 403 | | |
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| 404 | 404 | | (9) Shoplifting. A person is guilty of shoplifting who intentionally takes possession of any goods, wares or merchandise offered or exposed for sale by any store or other mercantile establishment with the intention of converting the same to his own use, without paying the purchase price thereof. A person intentionally concealing unpurchased goods or merchandise of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such article with the intention of converting the same to his own use without paying the purchase price thereof. |
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| 405 | 405 | | |
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| 406 | 406 | | (10) Conversion of a motor vehicle. A person is guilty of conversion of a motor vehicle who, after renting or leasing a motor vehicle under an agreement in writing which provides for the return of such vehicle to a particular place at a particular time, fails to return the vehicle to such place within the time specified, and who thereafter fails to return such vehicle to the agreed place or to any other place of business of the lessor within one hundred twenty hours after the lessor shall have sent a written demand to him for the return of the vehicle by registered mail addressed to him at his address as shown in the written agreement or, in the absence of such address, to his last-known address as recorded in the records of the motor vehicle department of the state in which he is licensed to operate a motor vehicle. It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person to whom such demand was sent by registered mail that he failed to return the vehicle to any place of business of the lessor within one hundred twenty hours after the mailing of such demand. |
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| 407 | 407 | | |
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| 408 | 408 | | (11) Obtaining property through fraudulent use of an automated teller machine. A person obtains property through fraudulent use of an automated teller machine when such person obtains property by knowingly using in a fraudulent manner an automated teller machine with intent to deprive another of property or to appropriate the same to himself or a third person. In any prosecution for larceny based upon fraudulent use of an automated teller machine, the crime shall be deemed to have been committed in the town in which the machine was located. In any prosecution for larceny based upon more than one instance of fraudulent use of an automated teller machine, (A) all such instances in any six-month period may be combined and charged as one offense, with the value of all property obtained thereby being accumulated, and (B) the crime shall be deemed to have been committed in any of the towns in which a machine which was fraudulently used was located. For the purposes of this subsection, "automated teller machine" means an unmanned device at which banking transactions including, without limitation, deposits, withdrawals, advances, payments and transfers may be conducted, and includes, without limitation, a satellite device and point of sale terminal as defined in section 36a-2. |
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| 409 | 409 | | |
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| 410 | 410 | | (12) Library theft. A person is guilty of library theft when (A) he conceals on his person or among his belongings a book or other archival library materials, belonging to, or deposited in, a library facility with the intention of removing the same from the library facility without authority or without authority removes a book or other archival library materials from such library facility or (B) he mutilates a book or other archival library materials belonging to, or deposited in, a library facility, so as to render it unusable or reduce its value. The term "book or other archival library materials" includes any book, plate, picture, photograph, engraving, painting, drawing, map, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility. The term "library facility" includes any public library, any library of an educational institution, organization or society, any museum, any repository of public records and any archives. |
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| 411 | 411 | | |
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| 412 | 412 | | (13) Conversion of leased property. (A) A person is guilty of conversion of leased personal property who, with the intent of converting the same to his own use or that of a third person, after renting or leasing such property under an agreement in writing which provides for the return of such property to a particular place at a particular time, sells, conveys, conceals or aids in concealing such property or any part thereof, and who thereafter fails to return such property to the agreed place or to any other place of business of the lessor within one hundred ninety-two hours after the lessor shall have sent a written demand to him for the return of the property by registered or certified mail addressed to him at his address as shown in the written agreement, unless a more recent address is known to the lessor. Acknowledgment of the receipt of such written demand by the lessee shall not be necessary to establish that one hundred ninety-two hours have passed since such written demand was sent. (B) Any person, being in possession of personal property other than wearing apparel, received upon a written lease, who, with intent to defraud, sells, conveys, conceals or aids in concealing such property, or any part thereof, shall be prima facie presumed to have done so with the intention of converting such property to his own use. (C) A person who uses a false or fictitious name or address in obtaining such leased personal property shall be prima facie presumed to have obtained such leased personal property with the intent of converting the same to his own use or that of a third person. (D) "Leased personal property", as used in this subdivision, means any personal property received pursuant to a written contract, by which one owning such property, the lessor, grants to another, the lessee, the right to possess, use and enjoy such personal property for a specified period of time for a specified sum, but does not include personal property that is rented or leased pursuant to chapter 743i. |
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| 413 | 413 | | |
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| 414 | 414 | | (14) Failure to pay prevailing rate of wages. A person is guilty of failing to pay the prevailing rate of wages when he (A) files a certified payroll, in accordance with section 31-53 which he knows is false, in violation of section 53a-157a, and (B) fails to pay to an employee or to an employee welfare fund the amount attested to in the certified payroll with the intent to convert such amount to his own use or to the use of a third party. |
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| 415 | 415 | | |
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| 416 | 416 | | (15) Theft of utility service. A person is guilty of theft of utility service when he intentionally obtains electric, gas, water, telecommunications, wireless radio communications or community antenna television service that is available only for compensation: (A) By deception or threat or by false token, slug or other means including, but not limited to, electronic or mechanical device or unauthorized use of a confidential identification or authorization code or through fraudulent statements, to avoid payment for the service by himself or another person; or (B) by tampering or making connection with or disconnecting the meter, pipe, cable, conduit, conductor, attachment or other equipment or by manufacturing, modifying, altering, programming, reprogramming or possessing any device, software or equipment or part or component thereof or by disguising the identity or identification numbers of any device or equipment utilized by a supplier of electric, gas, water, telecommunications, wireless radio communications or community antenna television service, without the consent of such supplier, in order to avoid payment for the service by himself or another person; or (C) with intent to avoid payment by himself or another person for a prospective or already rendered service the charge or compensation for which is measured by a meter or other mechanical measuring device provided by the supplier of the service, by tampering with such meter or device or by attempting in any manner to prevent such meter or device from performing its measuring function, without the consent of the supplier of the service. There shall be a rebuttable presumption that the person to whom the service is billed has the intent to obtain the service and to avoid making payment for the service if, without the consent of the supplier of the service: (i) Any meter, pipe, cable, conduit, conductor, attachment or other equipment has been tampered with or connected or disconnected, (ii) any device, software or equipment or part or component thereof has been modified, altered, programmed, reprogrammed or possessed, (iii) the identity or identification numbers of any device or equipment utilized by the supplier of the service have been disguised, or (iv) a meter or other mechanical measuring device provided by the supplier of the service has been tampered with or prevented from performing its measuring function. The presumption does not apply if the person to whose service the condition applies has received such service for less than thirty-one days or until the service supplier has made at least one meter or service reading and provided a billing statement to the person as to whose service the condition applies. The presumption does not apply with respect to wireless radio communications. |
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| 417 | 417 | | |
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| 418 | 418 | | (16) Air bag fraud. A person is guilty of air bag fraud when such person, with intent to defraud another person, obtains property from such other person or a third person by knowingly selling, installing or reinstalling any object, including any counterfeit air bag or nonfunctional air bag, as such terms are defined in section 14-106d, in lieu of an air bag that was designed in accordance with federal safety requirements as provided in 49 CFR 571.208, as amended, and which is proper for the make, model and year of the vehicle, as part of the vehicle inflatable restraint system. |
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| 419 | 419 | | |
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| 420 | 420 | | (17) Theft of motor fuel. A person is guilty of theft of motor fuel when such person (A) delivers or causes to be delivered motor fuel, as defined in section 14-327a, into the fuel tank of a vehicle or into a portable container, or into both, on the premises of a retail dealer, as defined in section 14-318, and (B) with the intent to appropriate such motor fuel to himself or a third person, leaves such premises without paying the purchase price for such motor fuel. |
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| 421 | 421 | | |
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| 422 | 422 | | [(18) Failure to repay surplus Citizens' Election Fund grant funds. A person is guilty of failure to repay surplus Citizens' Election Fund grant funds when such person fails to return to the Citizens' Election Fund any surplus funds from a grant made pursuant to sections 9-700 to 9-716, inclusive, not later than ninety days after the primary or election for which the grant is made.] |
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| 423 | 423 | | |
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| 424 | 424 | | Sec. 23. Subdivision (1) of subsection (a) of section 1-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019): |
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| 425 | 425 | | |
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| 426 | 426 | | (1) "Crime related to state or quasi-public agency office" means larceny by state embezzlement, [or theft, as defined in subdivision (18) of section 53a-119,] bribery under section 53a-147 or bribe receiving under section 53a-148, committed by a person while serving as a public official or state employee; |
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| 427 | 427 | | |
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| 428 | 428 | | Sec. 24. (Effective July 1, 2019) On or before June 30, 2019, all moneys in the Citizens' Election Fund shall be transferred from said fund and credited to the resources of the General Fund. |
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| 429 | 429 | | |
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| 430 | 430 | | Sec. 25. Sections 9-700 to 9-712, inclusive, 9-715 to 9-719, inclusive, 9-750 and 9-751 of the general statutes are repealed. (Effective July 1, 2019) |
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| 431 | 431 | | |
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| 432 | 432 | | |
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| 433 | 433 | | |
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| 434 | 434 | | |
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| 435 | 435 | | This act shall take effect as follows and shall amend the following sections: |
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| 436 | 436 | | Section 1 July 1, 2019 3-69a(a) |
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| 437 | 437 | | Sec. 2 July 1, 2019 9-7b(a)(2) to (14) |
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| 438 | 438 | | Sec. 3 July 1, 2019 9-324 |
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| 439 | 439 | | Sec. 4 July 1, 2019 9-372 |
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| 440 | 440 | | Sec. 5 July 1, 2019 9-601 |
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| 441 | 441 | | Sec. 6 July 1, 2019 9-601a(a) and (b) |
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| 442 | 442 | | Sec. 7 July 1, 2019 9-601b(a) and (b) |
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| 443 | 443 | | Sec. 8 July 1, 2019 9-601c(a) |
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| 444 | 444 | | Sec. 9 July 1, 2019 9-601d(b) |
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| 445 | 445 | | Sec. 10 July 1, 2019 9-601d(g)(1) |
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| 446 | 446 | | Sec. 11 July 1, 2019 9-605(b) |
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| 447 | 447 | | Sec. 12 July 1, 2019 9-606(d) |
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| 448 | 448 | | Sec. 13 July 1, 2019 9-606a(a) |
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| 449 | 449 | | Sec. 14 July 1, 2019 9-607(i) |
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| 450 | 450 | | Sec. 15 July 1, 2019 9-608(a)(1) |
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| 451 | 451 | | Sec. 16 July 1, 2019 9-608(d) |
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| 452 | 452 | | Sec. 17 July 1, 2019 9-608(e)(1)(A) |
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| 453 | 453 | | Sec. 18 July 1, 2019 9-608(e)(1)(E) to (H) |
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| 454 | 454 | | Sec. 19 July 1, 2019 9-608(f) |
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| 455 | 455 | | Sec. 20 July 1, 2019 9-610(d) |
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| 456 | 456 | | Sec. 21 July 1, 2019 9-675(a) to (d) |
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| 457 | 457 | | Sec. 22 July 1, 2019 53a-119 |
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| 458 | 458 | | Sec. 23 July 1, 2019 1-101a(a)(1) |
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| 459 | 459 | | Sec. 24 July 1, 2019 New section |
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| 460 | 460 | | Sec. 25 July 1, 2019 Repealer section |
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| 461 | 461 | | |
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| 462 | 462 | | This act shall take effect as follows and shall amend the following sections: |
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| 463 | 463 | | |
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| 464 | 464 | | Section 1 |
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| 465 | 465 | | |
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| 466 | 466 | | July 1, 2019 |
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| 467 | 467 | | |
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| 468 | 468 | | 3-69a(a) |
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| 469 | 469 | | |
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| 470 | 470 | | Sec. 2 |
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| 471 | 471 | | |
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| 472 | 472 | | July 1, 2019 |
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| 473 | 473 | | |
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| 474 | 474 | | 9-7b(a)(2) to (14) |
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| 475 | 475 | | |
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| 476 | 476 | | Sec. 3 |
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| 477 | 477 | | |
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| 478 | 478 | | July 1, 2019 |
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| 479 | 479 | | |
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| 480 | 480 | | 9-324 |
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| 481 | 481 | | |
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| 482 | 482 | | Sec. 4 |
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| 483 | 483 | | |
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| 484 | 484 | | July 1, 2019 |
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| 485 | 485 | | |
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| 486 | 486 | | 9-372 |
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| 487 | 487 | | |
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| 488 | 488 | | Sec. 5 |
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| 489 | 489 | | |
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| 490 | 490 | | July 1, 2019 |
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| 491 | 491 | | |
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| 492 | 492 | | 9-601 |
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| 493 | 493 | | |
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| 494 | 494 | | Sec. 6 |
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| 495 | 495 | | |
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| 496 | 496 | | July 1, 2019 |
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| 497 | 497 | | |
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| 498 | 498 | | 9-601a(a) and (b) |
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| 499 | 499 | | |
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| 500 | 500 | | Sec. 7 |
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| 501 | 501 | | |
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| 502 | 502 | | July 1, 2019 |
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| 503 | 503 | | |
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| 504 | 504 | | 9-601b(a) and (b) |
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| 505 | 505 | | |
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| 506 | 506 | | Sec. 8 |
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| 507 | 507 | | |
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| 508 | 508 | | July 1, 2019 |
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| 509 | 509 | | |
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| 510 | 510 | | 9-601c(a) |
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| 511 | 511 | | |
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| 512 | 512 | | Sec. 9 |
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| 513 | 513 | | |
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| 514 | 514 | | July 1, 2019 |
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| 515 | 515 | | |
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| 516 | 516 | | 9-601d(b) |
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| 517 | 517 | | |
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| 518 | 518 | | Sec. 10 |
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| 519 | 519 | | |
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| 520 | 520 | | July 1, 2019 |
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| 521 | 521 | | |
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| 522 | 522 | | 9-601d(g)(1) |
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| 523 | 523 | | |
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| 524 | 524 | | Sec. 11 |
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| 525 | 525 | | |
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| 526 | 526 | | July 1, 2019 |
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| 527 | 527 | | |
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| 528 | 528 | | 9-605(b) |
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| 529 | 529 | | |
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| 530 | 530 | | Sec. 12 |
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| 531 | 531 | | |
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| 532 | 532 | | July 1, 2019 |
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| 533 | 533 | | |
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| 534 | 534 | | 9-606(d) |
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| 535 | 535 | | |
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| 536 | 536 | | Sec. 13 |
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| 537 | 537 | | |
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| 538 | 538 | | July 1, 2019 |
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| 539 | 539 | | |
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| 540 | 540 | | 9-606a(a) |
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| 541 | 541 | | |
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| 542 | 542 | | Sec. 14 |
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| 543 | 543 | | |
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| 544 | 544 | | July 1, 2019 |
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| 545 | 545 | | |
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| 546 | 546 | | 9-607(i) |
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| 547 | 547 | | |
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| 548 | 548 | | Sec. 15 |
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| 549 | 549 | | |
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| 550 | 550 | | July 1, 2019 |
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| 551 | 551 | | |
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| 552 | 552 | | 9-608(a)(1) |
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| 553 | 553 | | |
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| 554 | 554 | | Sec. 16 |
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| 555 | 555 | | |
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| 556 | 556 | | July 1, 2019 |
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| 557 | 557 | | |
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| 558 | 558 | | 9-608(d) |
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| 559 | 559 | | |
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| 560 | 560 | | Sec. 17 |
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| 561 | 561 | | |
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| 562 | 562 | | July 1, 2019 |
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| 563 | 563 | | |
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| 564 | 564 | | 9-608(e)(1)(A) |
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| 565 | 565 | | |
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| 566 | 566 | | Sec. 18 |
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| 567 | 567 | | |
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| 568 | 568 | | July 1, 2019 |
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| 569 | 569 | | |
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| 570 | 570 | | 9-608(e)(1)(E) to (H) |
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| 571 | 571 | | |
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| 572 | 572 | | Sec. 19 |
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| 573 | 573 | | |
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| 574 | 574 | | July 1, 2019 |
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| 575 | 575 | | |
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| 576 | 576 | | 9-608(f) |
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| 577 | 577 | | |
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| 578 | 578 | | Sec. 20 |
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| 579 | 579 | | |
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| 580 | 580 | | July 1, 2019 |
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| 581 | 581 | | |
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| 582 | 582 | | 9-610(d) |
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| 583 | 583 | | |
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| 584 | 584 | | Sec. 21 |
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| 585 | 585 | | |
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| 586 | 586 | | July 1, 2019 |
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| 587 | 587 | | |
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| 588 | 588 | | 9-675(a) to (d) |
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| 589 | 589 | | |
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| 590 | 590 | | Sec. 22 |
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| 591 | 591 | | |
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| 592 | 592 | | July 1, 2019 |
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| 593 | 593 | | |
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| 594 | 594 | | 53a-119 |
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| 595 | 595 | | |
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| 596 | 596 | | Sec. 23 |
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| 597 | 597 | | |
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| 598 | 598 | | July 1, 2019 |
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| 599 | 599 | | |
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| 600 | 600 | | 1-101a(a)(1) |
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| 601 | 601 | | |
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| 602 | 602 | | Sec. 24 |
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| 603 | 603 | | |
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| 604 | 604 | | July 1, 2019 |
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| 605 | 605 | | |
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| 606 | 606 | | New section |
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| 607 | 607 | | |
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| 608 | 608 | | Sec. 25 |
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| 609 | 609 | | |
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| 610 | 610 | | July 1, 2019 |
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| 611 | 611 | | |
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| 612 | 612 | | Repealer section |
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| 613 | 613 | | |
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| 614 | 614 | | Statement of Purpose: |
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| 615 | 615 | | |
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| 616 | 616 | | To eliminate the Citizens' Election Program. |
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| 617 | 617 | | |
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| 618 | 618 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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