Connecticut 2019 Regular Session

Connecticut House Bill HB05823 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5823
	4	+	LCO No. 6306 1 of 4
	5	+
	6	+	General Assembly Committee Bill No. 5823
8	7		January Session, 2019
	8	+	LCO No. 6306
9	9
10	10
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
11	17
12	18
13	19
14	20		AN ACT CONCERNING CA MPAIGN CONSULTANTS AND USE OF
15	21		FUNDS UNDER THE CITIZENS' ELECTION PROGR AM.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 9-703 of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective October 1, 2019): 2
21	27		(a) Each candidate for nomination or election to the office of state 3
22	28		senator or state representative in 2008, or thereafter, or the office of 4
23	29		Governor, Lieutenant Governor, Attorney General, State Comptroller, 5
24	30		Secretary of the State or State Treasurer in 2010, or thereafter, shall file 6
25	31		an affidavit with the State Elections Enforcement Commission. The 7
26	32		affidavit shall include a written certification that the candidate either 8
27	33		intends to abide by the expenditure limits under the Citizens' Election 9
28	34		Program set forth in subsection (c) of section 9-702, or does not intend 10
29		-	to abide by [said] such limits. If the candidate intends to abide by 11
30		-	[said] such limits, the affidavit shall also include written certifications 12
31		-	(1) that the treasurer of the candidate committee for said candidate 13
32		-	shall expend any moneys received from the Citizens' Election Fund in 14
33		-	accordance with the provisions of subsection (g) of section 9-607 and 15
34		-	regulations adopted by the State Elections Enforcement Commission 16
35		-	under subsection (e) of section 9-706, (2) that the candidate shall repay 17
36		-	to the fund any such moneys that are not expended in accordance with 18
37		-	subsection (g) of section 9-607 and said regulations, (3) that the 19 Substitute Bill No. 5823
	35	+	to abide by said limits. If the candidate intends to abide by said limits, 11
	36	+	the affidavit shall also include written certifications (1) that the 12
	37	+	treasurer of the candidate committee for said candidate shall expend 13
	38	+	any moneys received from the Citizens' Election Fund in accordance 14
	39	+	with the provisions of subsection (g) of section 9-607 and regulations 15
	40	+	Committee Bill No. 5823
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39	42
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	43	+	LCO No. 6306 2 of 4
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	45	+	adopted by the State Elections Enforcement Commission under 16
	46	+	subsection (e) of section 9-706, (2) that the candidate shall repay to the 17
	47	+	fund any such moneys that are not expended in accordance with 18
	48	+	subsection (g) of section 9-607 and said regulations, (3) that the 19
44	49		candidate and the treasurer shall comply with the provisions of 20
45	50		subdivision (1) of subsection (a) of section 9-711, and (4) stating the 21
46	51		candidate's status as a major party, minor party or petitioning party 22
47	52		candidate and, in the case of a major party or minor party candidate, 23
48	53		the name of such party. The written certification described in 24
49	54		subdivision (3) of this subsection shall be made by both the candidate 25
50	55		and the treasurer of the candidate committee for said candidate. A 26
51	56		candidate for nomination or election to any such office shall file such 27
52	57		affidavit not later than four o'clock p.m. on the twenty-fifth day before 28
53	58		the day of a primary, if applicable, or on the fortieth day before the day 29
54	59		of the election for such office, except that in the case of a special 30
55	60		election for the office of state senator or state representative, the 31
56	61		candidate shall file such affidavit not later than four o'clock p.m. on the 32
57	62		twenty-fifth day before the day of such special election. 33
58	63		Notwithstanding the provisions of this subsection, a candidate who is 34
59	64		not required to form a candidate committee pursuant to subdivision 35
60	65		(3) or (4) of subsection (b) of section 9-604, files a certification with the 36
61	66		commission pursuant to subsection (c) of section 9-603 and does not 37
62	67		intend to participate in the Citizens' Election Program shall not be 38
63	68		required to file such affidavit of intent not to abide by the expenditure 39
64	69		limits of said program. Any such candidate shall be referred to as a 40
65	70		nonparticipating candidate, in accordance with subsection (b) of this 41
66	71		section. 42
67	72		(b) A candidate who so certifies the candidate's intent to abide by 43
68	73		the expenditure limits under the Citizens' Election Program set forth in 44
69	74		subsection (c) of section 9-702 shall be referred to in sections 9-700 to 9-45
70	75		716, inclusive, as a "participating candidate" and a candidate who so 46
71		-	certifies the candidate's intent to not abide by [said~~] such~~ limits shall be 47
	76	+	certifies the candidate's intent to not abide by said limits shall be 47
72	77		referred to in sections 9-700 to 9-716, inclusive, as a "nonparticipating 48
73	78		candidate". The commission shall prepare a list of the participating 49
	79	+	Committee Bill No. 5823
	80	+
	81	+
	82	+	LCO No. 6306 3 of 4
	83	+
74	84		candidates and a list of the nonparticipating candidates and shall make 50
75	85		such lists available for public inspection. 51
76		-	(c) A participating candidate may withdraw from participation in 52 Substitute Bill No. 5823
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	86	+	(c) A participating candidate may withdraw from participation in 52
83	87		the Citizens' Election Program before applying for an initial grant 53
84	88		under section 9-706, by filing an affidavit with the State Elections 54
85	89		Enforcement Commission, which includes a written certification of 55
86	90		such withdrawal. A candidate who files such an affidavit shall be 56
87	91		deemed to be a nonparticipating candidate for the purposes of sections 57
88	92		9-700 to 9-716, inclusive, and shall not be penalized for such 58
89	93		withdrawal. No participating candidate shall withdraw from 59
90	94		participation in the Citizens' Election Program after applying for an 60
91	95		initial grant under section 9-706. 61
92	96		(d) If the treasurer of the candidate committee of a participating 62
93	97		candidate spends fifteen per cent or more, in the aggregate, of the 63
94	98		moneys received from the Citizens' Election Fund on the campaign or 64
95		-	committee services of a consultant or other professional person as 65
	99	+	committee services of a consultant or other professional person, as 65
96	100		provided in subparagraph (P) of subdivision (2) of subsection (g) of 66
97		-	section 9-607, such consultant or other professional person shall 67
98		-	register with the State Elections Enforcement Commission as such for 68
99		-	such candidate committee and file an affidavit with the commission, 69
100		-	which affidavit shall include a written certification that such 70
101		-	consultant or professional person also intends to abide by the 71
102		-	expenditure limits under the Citizens' Election Program set forth in 72
103		-	subsection (c) of section 9-702. The commission shall prepare a list of 73
104		-	each such consultant or professional person for the candidate 74
105		-	committee of a participating candidate and shall make such list 75
106		-	available for public inspection. 76
	101	+	section 9-607, such consultant or person shall register with the State 67
	102	+	Elections Enforcement Commission as a consultant for such candidate 68
	103	+	committee and file an affidavit with the commission, which affidavit 69
	104	+	shall include a written certification that such consultant also intends to 70
	105	+	abide by the expenditure limits under the Citizens' Election Program 71
	106	+	set forth in subsection (c) of section 9-702. The commission shall 72
	107	+	prepare a list of each such consultant for the candidate committee of a 73
	108	+	participating candidate and shall make such list available for public 74
	109	+	inspection. 75
107	110		This act shall take effect as follows and shall amend the following
108	111		sections:
109	112
110	113		Section 1 October 1, 2019 9-703
111	114
112		-	Statement of Legislative Commissioners:
113		-	In Section 1, "said limits" was changed to "[said] such limits" for
114		-	consistency and "or professional person" was inserted after
115		-	"consultant" for accuracy.
116		-	Substitute Bill No. 5823
	115	+	Committee Bill No. 5823
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	118	+	LCO No. 6306 4 of 4
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123		-	GAE Joint Favorable Subst. -LCO
	120	+	Statement of Purpose:
	121	+	To require consultants for candidates participating in the Citizens'
	122	+	Election Program to register with the State Elections Enforcement
	123	+	Commission and sign an affidavit agreeing to abide by said program's
	124	+	expenditure limits if such candidate is paid more than fifteen per cent
	125	+	of the amount of such candidate's grant under said program.
	126	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	127	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	128	+	not underlined.]
	129	+
	130	+	Co-Sponsors: REP. FRANCE, 42nd Dist.
	131	+
	132	+	H.B. 5823
124	133