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General Assembly Raised Bill No. 7210
January Session, 2019
LCO No. 4358
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING CA MPAIGN CONSULTANTS AND
COORDINATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-601 of the general statutes is amended by adding 1
subdivisions (32) and (33) as follows (Effective from passage): 2
(NEW) (32) "Consultant" means any person (A) that provides (i) 3
campaign strategy, (ii) design or management of campaign 4
communications, literature or advertising, or (iii) fundraising or 5
management services, or (B) with duties that include identifying, 6
hiring or paying subvendors for goods or services on behalf of a 7
committee or a person required to file a report pursuant to section 9-8
601d or 9-608, as applicable. 9
(NEW) (33) (A) "Subvendor" means any person that provides goods 10
or services to a consultant or that contracts with a consultant or other 11
subvendor to provide goods or services to a committee or a person 12
required to file a report pursuant to section 9-601d or 9-608, as 13 Raised Bill No. 7210
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applicable. 14
(B) "Subvendor" does not include a person who is an employee of a 15
consultant if such person has been an employee of such consultant for 16
three or more consecutive months prior to any month in which a 17
committee or person is required to file a report accounting for any 18
expenditure to such consultant or any subvendor for such consultant. 19
Sec. 2. Section 9-622 of the general statutes is repealed and the 20
following is substituted in lieu thereof (Effective from passage): 21
The following persons shall be guilty of illegal practices and shall be 22
punished in accordance with the provisions of section 9-623: 23
(1) Any person who, directly or indirectly, individually or by 24
another person, gives or offers or promises to any person any money, 25
gift, advantage, preferment, entertainment, aid, emolument or other 26
valuable thing for the purpose of inducing or procuring any person to 27
sign a nominating, primary or referendum petition or to vote or refrain 28
from voting for or against any person or for or against any measure at 29
any election, caucus, convention, primary or referendum; 30
(2) Any person who, directly or indirectly, receives, accepts, 31
requests or solicits from any person, committee, association, 32
organization or corporation, any money, gift, advantage, preferment, 33
aid, emolument or other valuable thing for the purpose of inducing or 34
procuring any person to sign a nominating, primary or referendum 35
petition or to vote or refrain from voting for or against any person or 36
for or against any measure at any such election, caucus, primary or 37
referendum; 38
(3) Any person who, in consideration of any money, gift, advantage, 39
preferment, aid, emolument or other valuable thing paid, received, 40
accepted or promised to the person's advantage or any other person's 41
advantage, votes or refrains from voting for or against any person or 42
for or against any measure at any such election, caucus, primary or 43
referendum; 44 Raised Bill No. 7210
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(4) Any person who solicits from any candidate any money, gift, 45
contribution, emolument or other valuable thing for the purpose of 46
using the same for the support, assistance, benefit or expenses of any 47
club, company or organization, or for the purpose of defraying the cost 48
or expenses of any political campaign, primary, referendum or 49
election; 50
(5) Any person who, directly or indirectly, pays, gives, contributes 51
or promises any money or other valuable thing to defray or towards 52
defraying the cost or expenses of any campaign, primary, referendum 53
or election to any person, committee, company, club, organization or 54
association, other than to a treasurer, except that this subdivision shall 55
not apply to any expenses for postage, telegrams, telephoning, 56
stationery, express charges, traveling, meals, lodging or photocopying 57
incurred by any candidate for office or for nomination to office, so far 58
as may be permitted under the provisions of this chapter; 59
(6) Any person who, in order to secure or promote the person's own 60
nomination or election as a candidate, or that of any other person, 61
directly or indirectly, promises to appoint, or promises to secure or 62
assist in securing the appointment, nomination or election of any other 63
person to any public position, or to any position of honor, trust or 64
emolument; but any person may publicly announce the person's own 65
choice or purpose in relation to any appointment, nomination or 66
election in which the person may be called to take part, if the person is 67
nominated for or elected to such office; 68
(7) Any person who, directly or indirectly, individually or through 69
another person, makes a payment or promise of payment to a treasurer 70
in a name other than the person's own, and any treasurer who 71
knowingly receives a payment or promise of payment, or enters or 72
causes the same to be entered in the person's accounts in any other 73
name than that of the person by whom such payment or promise of 74
payment is made; 75
(8) Any person who knowingly and wilfully violates any provision 76 Raised Bill No. 7210
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of this chapter; 77
(9) Any person who offers or receives a cash contribution in excess 78
of one hundred dollars to promote the success or defeat of any political 79
party, candidate or referendum question; 80
(10) Any person who solicits, makes or receives a contribution that 81
is otherwise prohibited by any provision of this chapter; 82
(11) Any department head or deputy department head of a state 83
department who solicits a contribution on behalf of, or for the benefit 84
of, any candidate for state, district or municipal office or any political 85
party; 86
(12) Any municipal employee who solicits a contribution on behalf 87
of, or for the benefit of, any candidate for state, district or municipal 88
office, any political committee or any political party, from (A) an 89
individual under the supervision of such employee, or (B) the spouse 90
or a dependent child of such individual; 91
(13) Any person who makes an expenditure, that is not an 92
independent expenditure, for a candidate without the knowledge of 93
such candidate. No candidate shall be civilly or criminally liable with 94
regard to any such expenditure; 95
(14) Any chief of staff of a legislative caucus who solicits a 96
contribution on behalf of or for the benefit of any candidate for state, 97
district or municipal office from an employee of the legislative caucus; 98
(15) Any chief of staff for a state-wide elected official who solicits a 99
contribution on behalf of or for the benefit of any candidate for state, 100
district or municipal office from a member of such official's staff; [or] 101
(16) Any chief of staff for the Governor or Lieutenant Governor who 102
solicits a contribution on behalf of or for the benefit of any candidate 103
for state, district or municipal office from a member of the staff of the 104
Governor or Lieutenant Governor, or from any commissioner or 105
deputy commissioner of any state agency; 106 Raised Bill No. 7210
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(17) Any consultant that fails to provide to a committee or person 107
complete information necessary for such committee or person to file 108
any disclosure statement or report required under section 9-601d or 9-109
608, as applicable; 110
(18) Any consultant that (A) other than for such consultant's 111
overhead or normal operating expenses, makes or obligates to make an 112
expenditure, or directly or indirectly authorizes any subvendor to 113
make or obligate to make such an expenditure, on behalf of a 114
candidate, committee or other person, and (B) does so without the 115
knowledge of such candidate, committee or other person; or 116
(19) Any person that structures or assists in structuring, or attempts 117
to structure or assist in structuring, any solicitation, contribution, 118
expenditure, disbursement or other transaction for the purpose of 119
evading the requirements of chapters 155 to 157, inclusive. 120
Sec. 3. (NEW) (Effective from passage) (a) (1) A consultant that 121
receives or agrees to receive two thousand five hundred dollars or 122
more, in the aggregate, and that makes or obligates to make any 123
expenditure, including any payment to a subvendor, on behalf of a 124
person or committee required to file a report under section 9-601d or 9-125
608 of the general statutes, as applicable, shall, once such consultant 126
has made or obligated to make any such expenditure in excess of five 127
hundred dollars, in the aggregate, in a calendar year to a subvendor, 128
provide to such person or committee a statement with a detailed 129
account of such expenditure, including, but not limited to, (A) the 130
amount and date of such expenditure and the person who received 131
such payment, (B) the full name and street address of such subvendor, 132
(C) the purpose of such payment and a description of such purpose, 133
(D) the name of any candidate or referendum question supported or 134
opposed by such expenditure, and (E) if applicable, the date of any 135
event with which such payment is associated, including, but not 136
limited to, any expenditure directly or indirectly made by a consultant 137
to a subvendor for any (i) written, typed or other printed 138
communication, or any web-based, written communication, that (I) 139 Raised Bill No. 7210
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promotes the success or defeat of any candidate's campaign for 140
nomination or election or any referendum question, or (II) solicits 141
funds to benefit any candidate or committee, (ii) advertising time or 142
space, including, but not limited to, television or Internet video, radio 143
or Internet audio, telephone call or web-based or social media 144
communication, (iii) wages incurred as a result of work for any 145
candidate or committee, (iv) survey, poll, signature gathering or door-146
to-door solicitation of voters, (v) facilities, invitations or entertainment 147
for fundraising or other campaign events, or (vi) printing of mass 148
campaign mailings or postage therefor. Such consultant shall provide 149
the information described in this subdivision to such person or 150
committee not later than five days after making or obligating to make 151
such expenditure. As used in this section, "consultant", "expenditure", 152
"subvendor", "committee" and "person" have the same meanings as 153
provided in section 9-601 of the general statutes, as amended by this 154
act. 155
(2) Notwithstanding the provisions of subdivision (1) of this 156
subsection, if a consultant makes or obligates to make payment for an 157
expenditure for which a person or committee is required to file a 158
report pursuant to section 9-601d or 9-608 of the general statutes, as 159
applicable, such consultant shall, concomitant with making or 160
obligating to make such payment, provide to such person or 161
committee complete information necessary to file such report. 162
(b) (1) Any person or any committee that makes or obligates to 163
make payment for an expenditure to a consultant, which consultant is 164
required to provide to such person or committee the information 165
described in subsection (a) of this section, shall include in any 166
statement or report required under section 9-601d or 9-608 of the 167
general statutes, as applicable, (A) the full name and street address of 168
each subvendor to which payment of five hundred dollars or more, in 169
the aggregate, was made or obligated to be made during the period 170
covered by such filing, (B) the amount and date of payment, (C) the 171
purpose of such payment and a description of such purpose, (D) the 172
name of any candidate or referendum question supported or opposed 173 Raised Bill No. 7210
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by such expenditure, and (E) if applicable, the date of any event with 174
which such payment is associated. The contents of such statement or 175
report shall include any other information that the State Elections 176
Enforcement Commission may require to facilitate compliance with 177
the provisions of chapters 155 to 157, inclusive, of the general statutes, 178
and shall be submitted on a form prescribed by the commission. 179
(2) Except for such consultant's overhead or normal operating 180
expenses, a consultant shall not make any expenditure of five hundred 181
dollars or more, in the aggregate, to or for the benefit of a candidate or 182
committee, including, but not limited to, any expenditure described in 183
subdivision (1) of subsection (a) of this section, unless complete 184
information of such expenditure is provided to the person required to 185
file a report under section 9-601d or 9-608 of the general statutes, as 186
applicable, or the committee on whose behalf or for whose benefit such 187
consultant is acting. 188
(c) Each consultant shall keep a detailed account of each 189
expenditure made or obligated to be made on behalf of any person or 190
committee required to file a report under section 9-601d or 9-608 of the 191
general statutes, as applicable and shall retain all records of each 192
transaction required to be included in any statement or report under 193
section 9-601d or 9-608 of the general statutes, as applicable, for a 194
period of four years after the date of the statement or report in which 195
such transaction was included. Such records shall include, but need 196
not be limited to, any invoice, receipt, bill, statement, itinerary or other 197
written or documentary evidence demonstrating the campaign, or 198
other lawful purpose of such expenditure. 199
(d) If a subvendor makes or obligates to make any payment 200
described in subsection (a) of this section, such subvendor shall be 201
deemed a consultant and shall, pursuant to this section, comply with 202
the requirements for a consultant. 203
(e) Notwithstanding the provisions of subsections (a) to (d), 204
inclusive, of this section, a financial obligation shall not be made or 205 Raised Bill No. 7210
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incurred by or on behalf of a committee unless authorized by the 206
treasurer of such committee pursuant to section 9-607 of the general 207
statutes. 208
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-601
Sec. 2 from passage 9-622
Sec. 3 from passage New section
Statement of Purpose:
To increase transparency with respect to moneys paid to campaign
consultants.
[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.]