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General Assembly Substitute Bill No. 7210
January Session, 2019
AN ACT CONCERNING CA MPAIGN CONSULTANTS, COORDINATION
AND USE OF FUNDS UND ER THE CITIZENS' ELECTION PROGRAM.
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 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 person 12
required to file a report pursuant to section 9-601d or 9-608, as 13
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 Substitute Bill No. 7210
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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 Section 9-622 of the general statutes is repealed and the 20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
(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 Substitute Bill No. 7210
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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
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 Substitute Bill No. 7210
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(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
(17) Any consultant that fails to provide complete information to a 107
committee or person required to file any disclosure statement or report 108
pursuant to section 9-601d or 9-608, as applicable, which complete 109
information is necessary for such committee or person to file such 110 Substitute Bill No. 7210
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statement or report; 111
(18) Any consultant that (A) except for such consultant's overhead 112
or normal operating expenses, makes or obligates to make an 113
expenditure, or directly or indirectly authorizes any subvendor to 114
make or obligate to make such an expenditure, on behalf of a 115
candidate, committee or other person, and (B) does so without the 116
knowledge of such candidate, committee or other person; or 117
(19) Any person that structures or assists in structuring, or attempts 118
to structure or assist in structuring, any solicitation, contribution, 119
expenditure, disbursement or other transaction for the purpose of 120
evading the requirements of chapters 155 to 157, inclusive. 121
Sec. 3. (NEW) (Effective from passage) (a) (1) A consultant that 122
receives or agrees to receive two thousand five hundred dollars or 123
more, in the aggregate, and that makes or obligates to make any 124
expenditure, including any payment to a subvendor, on behalf of a 125
person or committee required to file a report pursuant to section 9-126
601d or 9-608 of the general statutes, as applicable, shall, once such 127
consultant has made or obligated to make any such expenditure in 128
excess of five hundred dollars, in the aggregate, in a calendar year to a 129
subvendor, provide to such person or committee a statement with a 130
detailed account of such expenditure, including, but not limited to, (A) 131
the amount and date of such expenditure and the person who received 132
such payment, (B) the full name and street address of such subvendor, 133
(C) the purpose of such payment and a description of such purpose, 134
(D) the name of any candidate or text of any referendum question 135
supported or opposed by such expenditure, and (E) if applicable, the 136
date of any event with which such payment is associated, including, 137
but not limited to, any expenditure directly or indirectly made by a 138
consultant to a subvendor for any (i) written, typed or other printed 139
communication, or any web-based written communication, that (I) 140
promotes the success or defeat of any candidate's campaign for 141
nomination or election or any referendum question, or (II) solicits 142
funds to benefit any candidate or committee, (ii) advertising time or 143 Substitute Bill No. 7210
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space, including, but not limited to, television or Internet video, radio 144
or Internet audio, telephone call or web-based or social media 145
communication, (iii) wages incurred as a result of work for any 146
candidate or committee, (iv) survey, poll, signature gathering or door-147
to-door solicitation of voters, (v) facilities, invitations or entertainment 148
for fundraising or other campaign events, or (vi) printing of mass 149
campaign mailings or postage for such mailings. Such consultant shall 150
provide the information described in this subdivision to such person 151
or committee not later than five days after making or obligating to 152
make such expenditure. As used in this section, "consultant", 153
"expenditure", "subvendor", "committee" and "person" have the same 154
meanings as provided in section 9-601 of the general statutes, as 155
amended by this act. 156
(2) Notwithstanding the provisions of subdivision (1) of this 157
subsection, if a consultant makes or obligates to make payment for an 158
expenditure for which a person or committee is required to file a 159
report pursuant to section 9-601d or 9-608 of the general statutes, as 160
applicable, such consultant shall, concomitant with making or 161
obligating to make such payment, provide to such person or 162
committee complete information necessary to file such report. 163
(b) (1) Any person or committee that makes or obligates to make 164
payment for an expenditure to a consultant, which consultant is 165
required to provide to such person or committee the information 166
described in subsection (a) of this section, shall include in any 167
statement or report required to be filed by such person or committee 168
pursuant to section 9-601d or 9-608 of the general statutes, as 169
applicable, (A) the full name and street address of each subvendor to 170
which payment of five hundred dollars or more, in the aggregate, was 171
made or obligated to be made during the period covered by such 172
filing, (B) the amount and date of such payment, (C) the purpose of 173
such payment and a description of such purpose, (D) the name of any 174
candidate or text of any referendum question supported or opposed by 175
such expenditure, and (E) if applicable, the date of any event with 176 Substitute Bill No. 7210
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which such payment is associated. The contents of such statement or 177
report shall include any other information that the State Elections 178
Enforcement Commission may require to facilitate compliance with 179
the provisions of chapters 155 to 157, inclusive, of the general statutes, 180
and shall be submitted on a form prescribed by the commission. 181
(2) Except for such consultant's overhead or normal operating 182
expenses, a consultant shall not make any expenditure of five hundred 183
dollars or more, in the aggregate, to or for the benefit of a candidate or 184
committee, including, but not limited to, any expenditure described in 185
subdivision (1) of subsection (a) of this section, unless complete 186
information of such expenditure is provided to the person required to 187
file a report under section 9-601d or 9-608 of the general statutes, as 188
applicable, or the committee on whose behalf or for whose benefit such 189
consultant is acting. 190
(c) Each consultant shall keep a detailed account of each 191
expenditure made or obligated to be made on behalf of any person or 192
committee required to file a report under section 9-601d or 9-608 of the 193
general statutes, as applicable, and shall retain all records of each 194
transaction required to be included in any statement or report filed 195
pursuant to section 9-601d or 9-608 of the general statutes, as 196
applicable, for a period of four years after the date of the statement or 197
report in which such transaction was included. Such records shall 198
include, but need not be limited to, any invoice, receipt, bill, statement, 199
itinerary or other written or documentary evidence demonstrating the 200
campaign or other lawful purpose of such expenditure. 201
(d) If a subvendor makes or obligates to make any payment 202
described in subsection (a) of this section, such subvendor shall be 203
deemed a consultant and shall, pursuant to this section, comply with 204
the requirements for a consultant. 205
(e) Notwithstanding the provisions of subsections (a) to (d), 206
inclusive, of this section, a financial obligation shall not be made or 207
incurred by or on behalf of a committee unless authorized by the 208 Substitute Bill No. 7210
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treasurer of such committee pursuant to section 9-607 of the general 209
statutes. 210
Sec. 4. Section 9-703 of the general statutes is repealed and the 211
following is substituted in lieu thereof (Effective from passage): 212
(a) Each candidate for nomination or election to the office of state 213
senator or state representative in 2008, or thereafter, or the office of 214
Governor, Lieutenant Governor, Attorney General, State Comptroller, 215
Secretary of the State or State Treasurer in 2010, or thereafter, shall file 216
an affidavit with the State Elections Enforcement Commission. The 217
affidavit shall include a written certification that the candidate either 218
intends to abide by the expenditure limits under the Citizens' Election 219
Program set forth in subsection (c) of section 9-702 [,] or does not 220
intend to abide by [said] such limits. If the candidate intends to abide 221
by [said] such limits, the affidavit shall also include written 222
certifications (1) that the treasurer of the candidate committee for said 223
candidate shall expend any moneys received from the Citizens' 224
Election Fund in accordance with the provisions of subsection (g) of 225
section 9-607 and regulations adopted by the State Elections 226
Enforcement Commission under subsection (e) of section 9-706, (2) that 227
the candidate shall repay to the fund any such moneys that are not 228
expended in accordance with subsection (g) of section 9-607 and said 229
regulations, (3) that the candidate and the treasurer shall comply with 230
the provisions of subdivision (1) of subsection (a) of section 9-711, and 231
(4) stating the candidate's status as a major party, minor party or 232
petitioning party candidate and, in the case of a major party or minor 233
party candidate, the name of such party. The written certification 234
described in subdivision (3) of this subsection shall be made by both 235
the candidate and the treasurer of the candidate committee for said 236
candidate. A candidate for nomination or election to any such office 237
shall file such affidavit not later than four o'clock p.m. on the twenty-238
fifth day before the day of a primary, if applicable, or on the fortieth 239
day before the day of the election for such office, except that in the case 240
of a special election for the office of state senator or state 241 Substitute Bill No. 7210
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representative, the candidate shall file such affidavit not later than four 242
o'clock p.m. on the twenty-fifth day before the day of such special 243
election. Notwithstanding the provisions of this subsection, a 244
candidate who is not required to form a candidate committee pursuant 245
to subdivision (3) or (4) of subsection (b) of section 9-604, files a 246
certification with the commission pursuant to subsection (c) of section 247
9-603 and does not intend to participate in the Citizens' Election 248
Program shall not be required to file such affidavit of intent not to 249
abide by the expenditure limits of said program. Any such candidate 250
shall be referred to as a nonparticipating candidate, in accordance with 251
subsection (b) of this section. 252
(b) A candidate who so certifies the candidate's intent to abide by 253
the expenditure limits under the Citizens' Election Program set forth in 254
subsection (c) of section 9-702 shall be referred to in sections 9-700 to 9-255
716, inclusive, as a "participating candidate" and a candidate who so 256
certifies the candidate's intent to not abide by [said] such limits shall be 257
referred to in sections 9-700 to 9-716, inclusive, as a "nonparticipating 258
candidate". The commission shall prepare a list of the participating 259
candidates and a list of the nonparticipating candidates and shall make 260
such lists available for public inspection. 261
(c) A participating candidate may withdraw from participation in 262
the Citizens' Election Program before applying for an initial grant 263
under section 9-706, by filing an affidavit with the State Elections 264
Enforcement Commission, which includes a written certification of 265
such withdrawal. A candidate who files such an affidavit shall be 266
deemed to be a nonparticipating candidate for the purposes of sections 267
9-700 to 9-716, inclusive, and shall not be penalized for such 268
withdrawal. No participating candidate shall withdraw from 269
participation in the Citizens' Election Program after applying for an 270
initial grant under section 9-706. 271
(d) If the treasurer of the candidate committee of a participating 272
candidate spends fifteen per cent or more, in the aggregate, of the 273
moneys received from the Citizens' Election Fund on the campaign or 274 Substitute Bill No. 7210
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committee services of a consultant, as defined in section 9-601, as 275
amended by this act, or other professional person as provided in 276
subparagraph (P) of subdivision (2) of subsection (g) of section 9-607, 277
such consultant or professional person shall register with the State 278
Elections Enforcement Commission as such for such candidate 279
committee and file an affidavit with the commission, which affidavit 280
shall include a written certification that such consultant or professional 281
person also intends to abide by the expenditure limits under the 282
Citizens' Election Program set forth in subsection (c) of section 9-702. 283
The commission shall prepare a list of each such consultant or 284
professional person for the candidate committee of a participating 285
candidate and shall make such list available for public inspection. 286
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
Sec. 4 from passage 9-703
Statement of Legislative Commissioners:
In Section 1, "a committee or a person" was changed to "a committee or
person" for clarity; in Section 2, the provision was restructured in
Subdiv. (17) for clarity, and "other than" was changed to "except" in
Subdiv. (18) for consistency; in Section 3, "under section 9-601d" was
changed to "pursuant to section 9-601d" for consistency, "text of any"
was inserted before "referendum question" for accuracy and clarity
and "therefor" was changed to "for such mailings" for consistency; and
in Section 4, "said limits" was changed to "[said] such limits" for
consistency and "or professional person" was inserted after
"consultant" for accuracy.
GAE Joint Favorable Subst.