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3 | 3 | | LCO No. 5321 1 of 16 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1044 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 5321 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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11 | 11 | | AND ELECTIONS |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (GAE) |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT RESTORING THE CITIZENS' ELECTION PROGRAM. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Subdivision (3) of subsection (i) of section 9-705 of the 1 |
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25 | 25 | | general statutes is repealed and the following is substituted in lieu 2 |
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26 | 26 | | thereof (Effective January 1, 2020): 3 |
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27 | 27 | | (3) (A) If a participating candidate who is nominated for election 4 |
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28 | 28 | | does not have [any] an opponent in the general election campaign, [the 5 |
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29 | 29 | | amount of the] such candidate shall be ineligible for a general election 6 |
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30 | 30 | | campaign grant. [for which the qualified candidate committee for said 7 |
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31 | 31 | | candidate shall be eligible shall be thirty per cent of the applicable 8 |
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32 | 32 | | amount set forth in subsections (a) to (h), inclusive, of this section.] For 9 |
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33 | 33 | | the purposes of this subdivision, a participating candidate shall be 10 |
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34 | 34 | | deemed to have an opponent if [(A)] (i) a major party has properly 11 |
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35 | 35 | | endorsed any other candidate and made the requisite filing with the 12 |
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36 | 36 | | Secretary of the State within the time specified in [section 9-391 or 9-13 |
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37 | 37 | | 400, as applicable, (B)] chapter 153, (ii) any candidate of any other 14 |
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38 | 38 | | major party has received not less than fifteen per cent of the vote of 15 Raised Bill No. 1044 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 5321 2 of 16 |
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43 | 43 | | |
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44 | 44 | | convention delegates and has complied with the filing requirements 16 |
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45 | 45 | | set forth in section 9-400, or [(C)] (iii) any candidate of any other major 17 |
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46 | 46 | | party has circulated a petition and obtained the required number of 18 |
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47 | 47 | | signatures for filing a candidacy for nomination and has either 19 |
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48 | 48 | | qualified for the primary or been deemed the party's nominee; 20 |
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49 | 49 | | (B) If a participating candidate who is nominated for election and 21 |
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50 | 50 | | who was previously deemed to not have an opponent under 22 |
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51 | 51 | | subparagraph (A) of this subdivision is subsequently deemed to have 23 |
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52 | 52 | | an opponent in the general election campaign, the qualified candidate 24 |
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53 | 53 | | committee of such candidate shall be eligible to receive a general 25 |
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54 | 54 | | election campaign grant under subsections (a) to (h), inclusive, of this 26 |
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55 | 55 | | section, and the amount of such grant shall be reduced by the amount 27 |
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56 | 56 | | of any additional contributions raised pursuant to subsection (c) of 28 |
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57 | 57 | | section 9-702, as amended by this act, during the period when such 29 |
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58 | 58 | | candidate was deemed to not have an opponent; 30 |
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59 | 59 | | Sec. 2. Subsection (c) of section 9-702 of the general statutes is 31 |
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60 | 60 | | repealed and the following is substituted in lieu thereof (Effective 32 |
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61 | 61 | | January 1, 2020): 33 |
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62 | 62 | | (c) (1) A candidate participating in the Citizens' Election Program 34 |
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63 | 63 | | shall limit the expenditures of the candidate's candidate committee (A) 35 |
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64 | 64 | | before a primary campaign and a general election campaign, to the 36 |
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65 | 65 | | amount of qualifying contributions permitted in section 9-704 and any 37 |
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66 | 66 | | personal funds provided by the candidate under subsection (c) of 38 |
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67 | 67 | | section 9-710, (B) for a primary campaign, to the sum of (i) the amount 39 |
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68 | 68 | | of such qualifying contributions and personal funds that have not been 40 |
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69 | 69 | | spent before the primary campaign, and (ii) the amount of the grant for 41 |
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70 | 70 | | the primary campaign authorized under section 9-705, as amended by 42 |
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71 | 71 | | this act, and (C) for a general election campaign, to the sum of (i) the 43 |
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72 | 72 | | amount of such qualifying contributions and personal funds that have 44 |
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73 | 73 | | not been spent before the general election campaign, (ii) any 45 |
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74 | 74 | | unexpended funds from any grant for a primary campaign authorized 46 |
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75 | 75 | | under section 9-705, as amended by this act, and (iii) the amount of the 47 |
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76 | 76 | | grant for the general election campaign authorized under section 9-48 Raised Bill No. 1044 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LCO No. 5321 3 of 16 |
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81 | 81 | | |
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82 | 82 | | 705, as amended by this act. 49 |
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83 | 83 | | (2) The candidate committee of a minor or petitioning party 50 |
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84 | 84 | | candidate who has received a general election campaign grant from 51 |
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85 | 85 | | the fund pursuant to section 9-705, as amended by this act, or an 52 |
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86 | 86 | | unopposed candidate who is ineligible to receive a grant pursuant to 53 |
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87 | 87 | | subparagraph (A) of subdivision (3) of subsection (i) of said section, 54 |
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88 | 88 | | shall be permitted to receive contributions in addition to the qualifying 55 |
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89 | 89 | | contributions subject to the limitations and restrictions applicable to 56 |
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90 | 90 | | participating candidates for the same office, provided (A) such minor 57 |
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91 | 91 | | or petitioning party candidate shall limit the expenditures of the 58 |
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92 | 92 | | candidate committee for a general election campaign to the sum of the 59 |
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93 | 93 | | qualifying contributions and personal funds, the amount of the general 60 |
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94 | 94 | | election campaign grant received and the amount raised in additional 61 |
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95 | 95 | | contributions that is equivalent to the difference between the amount 62 |
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96 | 96 | | of the applicable general election campaign grant for a major party 63 |
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97 | 97 | | candidate for such office and the amount of the general election 64 |
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98 | 98 | | campaign grant received by such minor or petitioning party candidate, 65 |
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99 | 99 | | and (B) such unopposed candidate shall limit the expenditures of the 66 |
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100 | 100 | | candidate committee for a general election campaign to the sum of (i) 67 |
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101 | 101 | | the qualifying contributions, (ii) any personal funds, and (iii) the 68 |
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102 | 102 | | amount raised in additional contributions that is equivalent to thirty 69 |
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103 | 103 | | per cent of the applicable general election campaign grant for which 70 |
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104 | 104 | | such candidate committee would be eligible under subsections (a) to 71 |
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105 | 105 | | (h), inclusive, of section 9-705, as amended by this act, if such 72 |
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106 | 106 | | candidate was not unopposed. 73 |
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107 | 107 | | Sec. 3. Section 9-718 of the general statutes is repealed and the 74 |
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108 | 108 | | following is substituted in lieu thereof (Effective from passage): 75 |
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109 | 109 | | (a) (1) Notwithstanding any provision of the general statutes and 76 |
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110 | 110 | | except as provided in subsection (e) of this section, [no] a town 77 |
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111 | 111 | | committee [, legislative caucus committee or legislative leadership 78 |
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112 | 112 | | committee] shall not make an organization expenditure for the benefit 79 |
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113 | 113 | | of a participating candidate or the candidate committee of a 80 |
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114 | 114 | | participating candidate in the Citizens' Election Program for the office 81 Raised Bill No. 1044 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LCO No. 5321 4 of 16 |
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119 | 119 | | |
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120 | 120 | | of state senator in an amount that exceeds ten thousand dollars for the 82 |
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121 | 121 | | general election campaign. 83 |
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122 | 122 | | (2) Notwithstanding any provision of the general statutes, a state 84 |
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123 | 123 | | central committee, legislative caucus committee or legislative 85 |
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124 | 124 | | leadership committee shall not make an organization expenditure for 86 |
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125 | 125 | | the benefit of a participating candidate or the candidate committee of a 87 |
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126 | 126 | | participating candidate in the Citizens' Election Program for the office 88 |
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127 | 127 | | of state senator in an amount that exceeds one-fourth of the applicable 89 |
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128 | 128 | | full grant amount for a major party candidate authorized under section 90 |
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129 | 129 | | 9-705, as amended by this act, for the applicable campaign period. 91 |
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130 | 130 | | (b) Notwithstanding any provision of the general statutes, [no] a 92 |
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131 | 131 | | party committee, legislative caucus committee or legislative leadership 93 |
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132 | 132 | | committee shall not make an organization expenditure for the 94 |
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133 | 133 | | purposes described in subparagraph (A) of subdivision (25) of section 95 |
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134 | 134 | | 9-601 for the benefit of a participating candidate or the candidate 96 |
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135 | 135 | | committee of a participating candidate in the Citizens' Election 97 |
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136 | 136 | | Program for the office of state senator for the primary campaign. 98 |
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137 | 137 | | (c) (1) Notwithstanding any provision of the general statutes and 99 |
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138 | 138 | | except as provided in subsection (e) of this section, [no] a town 100 |
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139 | 139 | | committee [, legislative caucus committee or legislative leadership 101 |
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140 | 140 | | committee] shall not make an organization expenditure for the benefit 102 |
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141 | 141 | | of a participating candidate or the candidate committee of a 103 |
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142 | 142 | | participating candidate in the Citizens' Election Program for the office 104 |
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143 | 143 | | of state representative in an amount that exceeds three thousand five 105 |
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144 | 144 | | hundred dollars for the general election campaign. 106 |
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145 | 145 | | (2) Notwithstanding any provision of the general statutes, a state 107 |
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146 | 146 | | central committee, legislative caucus committee or legislative 108 |
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147 | 147 | | leadership committee shall not make an organization expenditure for 109 |
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148 | 148 | | the benefit of a participating candidate or the candidate committee of a 110 |
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149 | 149 | | participating candidate in the Citizens' Election Program for the office 111 |
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150 | 150 | | of state representative in an amount that exceeds one-fourth of the 112 |
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151 | 151 | | applicable full grant amount for a major party candidate authorized 113 Raised Bill No. 1044 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LCO No. 5321 5 of 16 |
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156 | 156 | | |
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157 | 157 | | under section 9-705, as amended by this act, for the applicable 114 |
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158 | 158 | | campaign period. 115 |
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159 | 159 | | (d) Notwithstanding any provision of the general statutes, [no] 116 |
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160 | 160 | | party committee, legislative caucus committee or legislative leadership 117 |
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161 | 161 | | committee shall not make an organization expenditure for the 118 |
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162 | 162 | | purposes described in subparagraph (A) of subdivision (25) of section 119 |
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163 | 163 | | 9-601 for the benefit of a participating candidate or the candidate 120 |
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164 | 164 | | committee of a participating candidate in the Citizens' Election 121 |
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165 | 165 | | Program for the office of state representative for the primary 122 |
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166 | 166 | | campaign. 123 |
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167 | 167 | | (e) For any election held in 2014, and thereafter, the amount of the 124 |
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168 | 168 | | limitations on organization expenditures provided in [subsections] 125 |
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169 | 169 | | subdivision (1) of subsection (a) and subdivision (1) of subsection (c) of 126 |
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170 | 170 | | this section shall be adjusted by the State Elections Enforcement 127 |
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171 | 171 | | Commission not later than January 15, 2014, and biennially thereafter, 128 |
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172 | 172 | | in accordance with any change in the consumer price index for all 129 |
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173 | 173 | | urban consumers as published by the United States Department of 130 |
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174 | 174 | | Labor, Bureau of Labor Statistics, during the period beginning on 131 |
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175 | 175 | | January 1, 2010, and ending on December thirty-first in the year 132 |
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176 | 176 | | preceding the year in which said adjustment is to be made. 133 |
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177 | 177 | | Sec. 4. Subdivision (2) of subsection (a) of section 9-7a of the general 134 |
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178 | 178 | | statutes is repealed and the following is substituted in lieu thereof 135 |
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179 | 179 | | (Effective from passage): 136 |
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180 | 180 | | (2) On and after July 1, 2011, but before July 1, 2019, members shall 137 |
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181 | 181 | | be appointed for terms of three years from July first in the year of their 138 |
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182 | 182 | | appointment and shall be appointed by the person holding the same 139 |
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183 | 183 | | office as was held by the person making the original appointment, 140 |
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184 | 184 | | provided any person chosen to fill a vacancy shall be appointed only 141 |
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185 | 185 | | for the unexpired term of the member whom he or she shall succeed. 142 |
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186 | 186 | | On and after [July 1, 2011, no] July 1, 2019, any member may serve 143 |
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187 | 187 | | more than two consecutive terms, [except that] and any member 144 |
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188 | 188 | | serving on said date [,] may serve until a successor is appointed and 145 Raised Bill No. 1044 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LCO No. 5321 6 of 16 |
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193 | 193 | | |
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194 | 194 | | has qualified. All appointments shall be made with the consent of the 146 |
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195 | 195 | | state Senate and House of Representatives. No person who has served 147 |
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196 | 196 | | during any part of the three-year period prior to the appointment as a 148 |
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197 | 197 | | political party officer, shall be appointed to membership on the 149 |
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198 | 198 | | commission. For purposes of this subsection, "political party officer" 150 |
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199 | 199 | | means an officer of a national committee of a political party, state 151 |
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200 | 200 | | central or town committee. The commission shall elect one of its 152 |
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201 | 201 | | members to serve as chairperson and another member to serve as vice-153 |
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202 | 202 | | chairperson. Each member of the commission shall be compensated at 154 |
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203 | 203 | | the rate of two hundred dollars per day for any day on which he 155 |
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204 | 204 | | participates in a regular commission meeting or hearing, and shall be 156 |
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205 | 205 | | paid by the state for his reasonable expenses, including necessary 157 |
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206 | 206 | | stenographic and clerical help. 158 |
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207 | 207 | | Sec. 5. Subsection (a) of section 9-601a of the general statutes is 159 |
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208 | 208 | | repealed and the following is substituted in lieu thereof (Effective from 160 |
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209 | 209 | | passage): 161 |
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210 | 210 | | (a) As used in this chapter and chapter 157, "contribution" means: 162 |
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211 | 211 | | (1) Any gift, subscription, loan, advance, payment or deposit of 163 |
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212 | 212 | | money or anything of value, made (A) to promote, attack, support or 164 |
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213 | 213 | | oppose the success or defeat of any [candidate] person seeking (i) the 165 |
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214 | 214 | | nomination for election, or (ii) election, or (B) for the purpose of aiding 166 |
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215 | 215 | | or promoting (i) the success or defeat of any referendum question, or 167 |
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216 | 216 | | (ii) the success or defeat of any political party; 168 |
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217 | 217 | | (2) A written contract, promise or agreement to make a contribution 169 |
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218 | 218 | | for any such purpose; 170 |
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219 | 219 | | (3) The payment by any person, other than a candidate or treasurer, 171 |
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220 | 220 | | of compensation for the personal services of any other person which 172 |
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221 | 221 | | are rendered without charge to a committee or candidate for any such 173 |
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222 | 222 | | purpose; 174 |
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223 | 223 | | (4) An expenditure that is not an independent expenditure; or 175 Raised Bill No. 1044 |
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225 | 225 | | |
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226 | 226 | | |
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227 | 227 | | LCO No. 5321 7 of 16 |
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228 | 228 | | |
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229 | 229 | | (5) Funds received by a committee which are transferred from 176 |
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230 | 230 | | another committee or other source for any such purpose. 177 |
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231 | 231 | | Sec. 6. Subsections (a) and (b) of section 9-601b of the general 178 |
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232 | 232 | | statutes are repealed and the following is substituted in lieu thereof 179 |
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233 | 233 | | (Effective from passage): 180 |
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234 | 234 | | (a) As used in this chapter and chapter 157, [the term] "expenditure" 181 |
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235 | 235 | | means: 182 |
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236 | 236 | | (1) Any purchase, payment, distribution, loan, advance, deposit or 183 |
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237 | 237 | | gift of money or anything of value, when made (A) to promote, attack, 184 |
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238 | 238 | | support or oppose the success or defeat of any [candidate] person 185 |
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239 | 239 | | seeking (i) the nomination for election, or (ii) election, [of any person] 186 |
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240 | 240 | | or (B) for the purpose of aiding or promoting (i) the success or defeat 187 |
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241 | 241 | | of any referendum question, or (ii) the success or defeat of any political 188 |
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242 | 242 | | party; 189 |
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243 | 243 | | (2) Any communication that (A) refers to one or more clearly 190 |
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244 | 244 | | identified candidates, and (B) (i) is broadcast (I) by radio, by television, 191 |
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245 | 245 | | other than on a public access channel, [or] by satellite communication 192 |
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246 | 246 | | or via the Internet, or (II) as a paid-for telephone communication, or (ii) 193 |
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247 | 247 | | appears in a newspaper, in a magazine or on a billboard, or (iii) is sent 194 |
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248 | 248 | | by mail; or 195 |
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249 | 249 | | (3) The transfer of funds by a committee to another committee. 196 |
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250 | 250 | | (b) [The term "expenditure"] "Expenditure" does not mean: 197 |
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251 | 251 | | (1) A loan of money, made in the ordinary course of business, by a 198 |
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252 | 252 | | state or national bank; 199 |
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253 | 253 | | (2) A communication made by any corporation, organization or 200 |
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254 | 254 | | association solely to its members, owners, stockholders, executive or 201 |
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255 | 255 | | administrative personnel, or their families; 202 |
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256 | 256 | | (3) Nonpartisan voter registration and get-out-the-vote campaigns 203 |
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257 | 257 | | by any corporation, organization or association aimed at its members, 204 Raised Bill No. 1044 |
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258 | 258 | | |
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259 | 259 | | |
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260 | 260 | | |
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261 | 261 | | LCO No. 5321 8 of 16 |
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262 | 262 | | |
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263 | 263 | | owners, stockholders, executive or administrative personnel, or their 205 |
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264 | 264 | | families; 206 |
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265 | 265 | | (4) Uncompensated services provided by individuals volunteering 207 |
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266 | 266 | | their time on behalf of a party committee, political committee, slate 208 |
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267 | 267 | | committee or candidate committee, including any services provided 209 |
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268 | 268 | | for the benefit of nonparticipating and participating candidates under 210 |
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269 | 269 | | the Citizens' Election Program and any unreimbursed travel expenses 211 |
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270 | 270 | | made by an individual who volunteers the individual's personal 212 |
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271 | 271 | | services to any such committee. For purposes of this subdivision, an 213 |
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272 | 272 | | individual is a volunteer if such individual is not receiving 214 |
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273 | 273 | | compensation for such services regardless of whether such individual 215 |
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274 | 274 | | received compensation in the past or may receive compensation for 216 |
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275 | 275 | | similar services that may be performed in the future; 217 |
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276 | 276 | | (5) Any news story, commentary or editorial distributed through 218 |
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277 | 277 | | the facilities of any broadcasting station, newspaper, magazine or 219 |
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278 | 278 | | other periodical, unless such facilities are owned or controlled by any 220 |
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279 | 279 | | political party, committee or candidate; 221 |
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280 | 280 | | (6) The use of real or personal property, a portion or all of the cost of 222 |
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281 | 281 | | invitations and the cost of food or beverages, voluntarily provided by 223 |
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282 | 282 | | an individual to a candidate, including a nonparticipating or 224 |
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283 | 283 | | participating candidate under the Citizens' Election Program, or to a 225 |
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284 | 284 | | party, political or slate committee, in rendering voluntary personal 226 |
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285 | 285 | | services at the individual's residential premises or a community room 227 |
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286 | 286 | | in the individual's residence facility, to the extent that the cumulative 228 |
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287 | 287 | | value of the invitations, food or beverages provided by an individual 229 |
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288 | 288 | | on behalf of any candidate or committee does not exceed four hundred 230 |
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289 | 289 | | dollars with respect to any single event or does not exceed eight 231 |
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290 | 290 | | hundred dollars for any such event hosted by two or more individuals, 232 |
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291 | 291 | | provided at least one such individual owns or resides at the residential 233 |
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292 | 292 | | premises, and further provided the cumulative value of the invitations, 234 |
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293 | 293 | | food or beverages provided by an individual on behalf of any such 235 |
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294 | 294 | | candidate or committee does not exceed eight hundred dollars with 236 |
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295 | 295 | | respect to a calendar year or single election, as the case may be; 237 Raised Bill No. 1044 |
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296 | 296 | | |
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297 | 297 | | |
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298 | 298 | | |
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299 | 299 | | LCO No. 5321 9 of 16 |
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300 | 300 | | |
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301 | 301 | | (7) A communication described in subdivision (2) of subsection (a) 238 |
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302 | 302 | | of this section, which communication is not made to promote, attack, 239 |
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303 | 303 | | support or oppose the nomination or election of any person, that 240 |
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304 | 304 | | includes speech or expression [made] (A) made prior to the ninety-day 241 |
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305 | 305 | | period preceding the date of a primary or an election at which the 242 |
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306 | 306 | | clearly identified candidate or candidates are seeking nomination to 243 |
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307 | 307 | | public office or position, [that is] including a communication made for 244 |
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308 | 308 | | the purpose of influencing any legislative or administrative action, as 245 |
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309 | 309 | | defined in section 1-91, or executive action, [or] (B) made during a 246 |
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310 | 310 | | legislative session for the purpose of influencing legislative action, or 247 |
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311 | 311 | | (C) that constitutes a candidate debate or that solely promotes any 248 |
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312 | 312 | | such debate and is made by or on behalf of the person sponsoring the 249 |
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313 | 313 | | debate; 250 |
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314 | 314 | | (8) An organization expenditure by a party committee, legislative 251 |
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315 | 315 | | caucus committee or legislative leadership committee; 252 |
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316 | 316 | | (9) A commercial advertisement that refers to an owner, director or 253 |
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317 | 317 | | officer of a business entity who is also a candidate, [and that] which 254 |
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318 | 318 | | commercial advertisement had previously been broadcast or appeared 255 |
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319 | 319 | | when the owner, director or officer was not a candidate; 256 |
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320 | 320 | | (10) A communication containing an endorsement on behalf of a 257 |
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321 | 321 | | candidate for nomination or election to the office of Governor, 258 |
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322 | 322 | | Lieutenant Governor, Secretary of the State, State Treasurer, State 259 |
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323 | 323 | | Comptroller, Attorney General, state senator or state representative, 260 |
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324 | 324 | | from a candidate for the office of Governor, Lieutenant Governor, 261 |
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325 | 325 | | Secretary of the State, State Treasurer, State Comptroller, Attorney 262 |
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326 | 326 | | General, state senator or state representative, shall not be an 263 |
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327 | 327 | | expenditure attributable to the endorsing candidate, if the candidate 264 |
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328 | 328 | | making the endorsement is unopposed at the time of the 265 |
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329 | 329 | | communication; 266 |
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330 | 330 | | (11) A communication that is sent by mail to addresses in the district 267 |
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331 | 331 | | for which a candidate being endorsed by another candidate pursuant 268 |
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332 | 332 | | to the provisions of this subdivision is seeking nomination or election 269 Raised Bill No. 1044 |
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334 | 334 | | |
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335 | 335 | | |
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336 | 336 | | LCO No. 5321 10 of 16 |
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337 | 337 | | |
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338 | 338 | | to the office of state senator or state representative, containing an 270 |
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339 | 339 | | endorsement on behalf of such candidate for such nomination or 271 |
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340 | 340 | | election, from a candidate for the office of state senator or state 272 |
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341 | 341 | | representative, shall not be an expenditure attributable to the 273 |
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342 | 342 | | endorsing candidate, if the candidate making the endorsement is not 274 |
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343 | 343 | | seeking election to the office of state senator or state representative for 275 |
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344 | 344 | | a district that contains any geographical area shared by the district for 276 |
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345 | 345 | | the office to which the endorsed candidate is seeking nomination or 277 |
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346 | 346 | | election; 278 |
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347 | 347 | | (12) Campaign training events provided to multiple individuals by 279 |
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348 | 348 | | a legislative caucus committee and any associated materials, provided 280 |
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349 | 349 | | the cumulative value of such events and materials does not exceed six 281 |
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350 | 350 | | thousand dollars in the aggregate for a calendar year; 282 |
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351 | 351 | | (13) A lawful communication by any charitable organization which 283 |
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352 | 352 | | is a tax-exempt organization under Section 501(c)(3) of the Internal 284 |
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353 | 353 | | Revenue Code of 1986, or any subsequent corresponding internal 285 |
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354 | 354 | | revenue code of the United States, as from time to time amended; 286 |
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355 | 355 | | (14) The use of offices, telephones, computers and similar 287 |
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356 | 356 | | equipment provided by a party committee, legislative caucus 288 |
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357 | 357 | | committee or legislative leadership committee that serve as 289 |
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358 | 358 | | headquarters for or are used by such party committee, legislative 290 |
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359 | 359 | | caucus committee or legislative leadership committee; or 291 |
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360 | 360 | | (15) An expense or expenses incurred by a human being acting 292 |
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361 | 361 | | alone in an amount that is two hundred dollars or less, in the 293 |
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362 | 362 | | aggregate, that benefits a candidate for a single election. 294 |
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363 | 363 | | Sec. 7. Subdivision (1) of subsection (a) of section 9-608 of the 295 |
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364 | 364 | | general statutes is repealed and the following is substituted in lieu 296 |
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365 | 365 | | thereof (Effective from passage): 297 |
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366 | 366 | | (a) (1) Each treasurer of a committee, other than a state central 298 |
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367 | 367 | | committee, shall file a statement, sworn under penalty of false 299 |
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368 | 368 | | statement with the proper authority in accordance with the provisions 300 Raised Bill No. 1044 |
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369 | 369 | | |
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370 | 370 | | |
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371 | 371 | | |
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372 | 372 | | LCO No. 5321 11 of 16 |
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373 | 373 | | |
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374 | 374 | | of section 9-603, (A) on the tenth calendar day in the months of 301 |
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375 | 375 | | January, April, July and October, provided, if such tenth calendar day 302 |
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376 | 376 | | is a Saturday, Sunday or legal holiday, the statement shall be filed on 303 |
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377 | 377 | | the next business day, except that in the case of a candidate or 304 |
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378 | 378 | | exploratory committee established for an office to be elected at a 305 |
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379 | 379 | | special election, statements pursuant to this subparagraph shall not be 306 |
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380 | 380 | | required, (B) on the seventh day preceding each regular state election, 307 |
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381 | 381 | | except that (i) in the case of a candidate or exploratory committee 308 |
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382 | 382 | | established for an office to be elected at a municipal election, the 309 |
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383 | 383 | | statement shall be filed on the seventh day preceding a regular 310 |
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384 | 384 | | municipal election in lieu of such date, except if the candidate's name 311 |
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385 | 385 | | is not eligible to appear on the ballot, in which case such statement 312 |
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386 | 386 | | shall not be required, (ii) in the case of a town committee, the 313 |
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387 | 387 | | statement shall be filed on the seventh day preceding each municipal 314 |
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388 | 388 | | election in addition to such date, (iii) in the case of a candidate 315 |
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389 | 389 | | committee in a state election, [that is required to file any supplemental 316 |
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390 | 390 | | campaign finance statements pursuant to subdivisions (1) and (2) of 317 |
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391 | 391 | | subsection (a) of section 9-712, such] the supplemental campaign 318 |
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392 | 392 | | finance statements required pursuant to subsection (a) of section 9-712, 319 |
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393 | 393 | | as amended by this act, shall satisfy the filing requirement under this 320 |
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394 | 394 | | subdivision, and (iv) in the case of a candidate committee established 321 |
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395 | 395 | | by a candidate whose name is not eligible to appear on the ballot, such 322 |
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396 | 396 | | statement shall not be required, and (C) if the committee has made or 323 |
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397 | 397 | | received a contribution or expenditure in connection with any other 324 |
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398 | 398 | | election, a primary or a referendum, on the seventh day preceding the 325 |
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399 | 399 | | election, primary or referendum, except that in the case of a candidate 326 |
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400 | 400 | | committee in a primary [that is required to file statements pursuant to 327 |
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401 | 401 | | subdivisions (1) and (2) of subsection (a) of section 9-712, such] for an 328 |
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402 | 402 | | office to be voted upon at a state election, the statements required 329 |
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403 | 403 | | pursuant to subsection (a) of section 9-712, as amended by this act, 330 |
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404 | 404 | | shall satisfy the filing requirement under this subdivision. The 331 |
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405 | 405 | | statement shall be complete as of eleven fifty-nine o'clock p.m. of the 332 |
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406 | 406 | | last day of the month preceding the month in which the statement is 333 |
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407 | 407 | | required to be filed, except that for the statement required to be filed 334 |
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408 | 408 | | on the seventh day preceding the election, primary or referendum, the 335 Raised Bill No. 1044 |
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409 | 409 | | |
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410 | 410 | | |
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411 | 411 | | |
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412 | 412 | | LCO No. 5321 12 of 16 |
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413 | 413 | | |
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414 | 414 | | statement shall be complete as of eleven fifty-nine o'clock p.m. of the 336 |
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415 | 415 | | second day immediately preceding the required filing day. The 337 |
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416 | 416 | | statement shall cover a period to begin with the first day not included 338 |
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417 | 417 | | in the last filed statement. In the case of a candidate committee, the 339 |
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418 | 418 | | statement required to be filed in January shall be in lieu of the 340 |
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419 | 419 | | statement formerly required to be filed within forty-five days 341 |
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420 | 420 | | following an election. 342 |
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421 | 421 | | Sec. 8. Section 9-611 of the general statutes is repealed and the 343 |
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422 | 422 | | following is substituted in lieu thereof (Effective from passage): 344 |
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423 | 423 | | (a) [No] An individual shall not make a contribution or 345 |
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424 | 424 | | contributions to, for the benefit of, or pursuant to the authorization or 346 |
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425 | 425 | | request of, a candidate or a committee supporting or opposing any 347 |
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426 | 426 | | candidate's campaign for nomination at a primary, or any candidate's 348 |
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427 | 427 | | campaign for election, to the office of (1) Governor, in excess of three 349 |
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428 | 428 | | thousand five hundred dollars; (2) Lieutenant Governor, Secretary of 350 |
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429 | 429 | | the State, Treasurer, Comptroller or Attorney General, in excess of two 351 |
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430 | 430 | | thousand dollars; (3) chief executive officer of a town, city or borough, 352 |
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431 | 431 | | in excess of one thousand dollars; (4) state senator or probate judge, in 353 |
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432 | 432 | | excess of one thousand dollars; or (5) state representative or any other 354 |
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433 | 433 | | office of a municipality not previously included in this subsection, in 355 |
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434 | 434 | | excess of two hundred fifty dollars. The limits imposed by this 356 |
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435 | 435 | | subsection shall be applied separately to primaries and elections. 357 |
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436 | 436 | | (b) (1) [No] An individual shall not make a contribution or 358 |
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437 | 437 | | contributions to, or for the benefit of, an exploratory committee, in 359 |
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438 | 438 | | excess of three hundred seventy-five dollars, if the candidate 360 |
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439 | 439 | | establishing the exploratory committee certifies on the statement of 361 |
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440 | 440 | | organization for the exploratory committee pursuant to subsection (c) 362 |
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441 | 441 | | of section 9-604 that the candidate will not be a candidate for the office 363 |
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442 | 442 | | of state representative. [No] An individual shall not make a 364 |
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443 | 443 | | contribution or contributions to, or for the benefit of, any exploratory 365 |
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444 | 444 | | committee, in excess of two hundred fifty dollars, if the candidate 366 |
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445 | 445 | | establishing the exploratory committee does not so certify. 367 Raised Bill No. 1044 |
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446 | 446 | | |
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447 | 447 | | |
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448 | 448 | | |
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449 | 449 | | LCO No. 5321 13 of 16 |
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450 | 450 | | |
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451 | 451 | | (2) [No] An individual shall not make a contribution or 368 |
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452 | 452 | | contributions to, or for the benefit of, a political committee formed by a 369 |
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453 | 453 | | slate of candidates in a primary for the office of justice of the peace, in 370 |
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454 | 454 | | excess of two hundred fifty dollars. 371 |
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455 | 455 | | [(c) No individual shall make contributions to such candidates or 372 |
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456 | 456 | | committees which in the aggregate exceed thirty thousand dollars for 373 |
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457 | 457 | | any single election and primary preliminary to such election.] 374 |
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458 | 458 | | [(d) No] (c) An individual shall not make a contribution to any 375 |
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459 | 459 | | candidate or committee, other than a contribution in kind, in excess of 376 |
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460 | 460 | | one hundred dollars, except by personal check or credit card of that 377 |
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461 | 461 | | individual. 378 |
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462 | 462 | | [(e) No] (d) An individual who is less than eighteen years of age 379 |
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463 | 463 | | shall not make a contribution or contributions, in excess of thirty 380 |
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464 | 464 | | dollars to, for the benefit of, or pursuant to the authorization or request 381 |
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465 | 465 | | of: (1) A candidate or a committee supporting or opposing any 382 |
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466 | 466 | | candidate's campaign for nomination at a primary to any office; (2) a 383 |
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467 | 467 | | candidate or a committee supporting or opposing any candidate's 384 |
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468 | 468 | | campaign for election to any office; (3) an exploratory committee; (4) 385 |
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469 | 469 | | any other political committee in any calendar year; or (5) a party 386 |
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470 | 470 | | committee in any calendar year. Notwithstanding any provision of 387 |
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471 | 471 | | subdivision (2) of section 9-7b, any individual who is less than 388 |
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472 | 472 | | eighteen years of age who violates any provision of this subsection 389 |
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473 | 473 | | shall not be subject to the provisions of subdivision (2) of section 9-7b. 390 |
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474 | 474 | | Sec. 9. Subdivision (4) of subsection (a) of section 9-712 of the 391 |
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475 | 475 | | general statutes is repealed and the following is substituted in lieu 392 |
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476 | 476 | | thereof (Effective from passage): 393 |
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477 | 477 | | (4) Notwithstanding the provisions of this subsection, the 394 |
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478 | 478 | | statements required to be filed pursuant to subdivisions (1) and (2) of 395 |
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479 | 479 | | this subsection shall not be required to be filed by (A) a candidate 396 |
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480 | 480 | | committee of a candidate that is exempt from filing campaign finance 397 |
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481 | 481 | | statements pursuant to subsection (b) of section 9-608 unless or until 398 |
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482 | 482 | | such a candidate committee receives or expends an amount in excess 399 Raised Bill No. 1044 |
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483 | 483 | | |
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484 | 484 | | |
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485 | 485 | | |
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486 | 486 | | LCO No. 5321 14 of 16 |
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487 | 487 | | |
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488 | 488 | | of one thousand dollars for purposes of the primary or election for 400 |
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489 | 489 | | which such committee was formed, (B) a candidate committee of a 401 |
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490 | 490 | | candidate who is no longer eligible for a position on the ballot, or (C) a 402 |
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491 | 491 | | candidate committee of a participating candidate that is unopposed or 403 |
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492 | 492 | | of a nonparticipating candidate that is unopposed or opposed only by 404 |
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493 | 493 | | a nonparticipating candidate or candidates, except that such candidate 405 |
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494 | 494 | | committee shall file a supplemental statement on the last Thursday 406 |
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495 | 495 | | before the applicable primary or general election. Such statement shall 407 |
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496 | 496 | | be complete as of eleven fifty-nine o'clock p.m. of the second day 408 |
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497 | 497 | | immediately preceding the required filing day. The statement shall 409 |
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498 | 498 | | cover a period beginning with the first day not included in the last 410 |
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499 | 499 | | filed statement. 411 |
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500 | 500 | | Sec. 10. Subdivision (1) of subsection (g) of section 9-7a of the 412 |
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501 | 501 | | general statutes is repealed and the following is substituted in lieu 413 |
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502 | 502 | | thereof (Effective from passage): 414 |
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503 | 503 | | (g) (1) In the case of a written complaint filed with the commission 415 |
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504 | 504 | | pursuant to section 9-7b, commission staff shall conduct and complete 416 |
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505 | 505 | | a preliminary examination of such complaint by the fourteenth day 417 |
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506 | 506 | | following its receipt, at which time such staff shall, at its discretion, (A) 418 |
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507 | 507 | | dismiss the complaint for failure to allege any substantial violation of 419 |
---|
508 | 508 | | state election law supported by evidence, (B) engage the respondent in 420 |
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509 | 509 | | discussions in an effort to speedily resolve any matter pertaining to a 421 |
---|
510 | 510 | | de minimis violation, or (C) investigate and docket the complaint for a 422 |
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511 | 511 | | determination by the commission that probable cause or no probable 423 |
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512 | 512 | | cause exists for any such violation. If commission staff dismisses a 424 |
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513 | 513 | | complaint pursuant to subparagraph (A) of this subdivision, such staff 425 |
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514 | 514 | | shall provide a brief written statement concisely setting forth the 426 |
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515 | 515 | | reasons for such dismissal. If commission staff engages a respondent 427 |
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516 | 516 | | pursuant to subparagraph (B) of this subdivision but is unable to 428 |
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517 | 517 | | speedily resolve any such matter described in said subparagraph by 429 |
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518 | 518 | | the forty-fifth day following receipt of the complaint, such staff shall 430 |
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519 | 519 | | docket such complaint for a determination by the commission that 431 |
---|
520 | 520 | | probable cause or no probable cause exists for any violation of state 432 |
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521 | 521 | | election law. If the commission does not, by the sixtieth day following 433 Raised Bill No. 1044 |
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522 | 522 | | |
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523 | 523 | | |
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524 | 524 | | |
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525 | 525 | | LCO No. 5321 15 of 16 |
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526 | 526 | | |
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527 | 527 | | receipt of the complaint, either issue a decision or render its 434 |
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528 | 528 | | determination that probable cause or no probable cause exists for any 435 |
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529 | 529 | | violation of state election laws, the complainant or respondent may 436 |
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530 | 530 | | apply to the superior court for the judicial district of Hartford for an 437 |
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531 | 531 | | order to show cause why the commission has not acted upon the 438 |
---|
532 | 532 | | complaint and to provide evidence that the commission has 439 |
---|
533 | 533 | | unreasonably delayed action. For any complaint received on or after 440 |
---|
534 | 534 | | January 1, 2018, if the commission does not, by one year following 441 |
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535 | 535 | | receipt of such complaint, [issue a decision thereon] find reason to 442 |
---|
536 | 536 | | believe, pursuant to section 9-7b-35 of the regulations of Connecticut 443 |
---|
537 | 537 | | state agencies, that a violation of state election law has been 444 |
---|
538 | 538 | | committed, the commission shall dismiss such complaint, provided the 445 |
---|
539 | 539 | | length of time of any delay caused by (i) the commission or 446 |
---|
540 | 540 | | commission staff granting any extension or continuance to a 447 |
---|
541 | 541 | | respondent prior to the issuance of any such decision, (ii) any 448 |
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542 | 542 | | subpoena issued in connection with such complaint, (iii) any litigation 449 |
---|
543 | 543 | | in state or federal court related to such complaint, [or] (iv) any 450 |
---|
544 | 544 | | investigation by the commission or commission staff (I) involving a 451 |
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545 | 545 | | potential violation of section 9-601c or 9-601d, as amended by this act, 452 |
---|
546 | 546 | | or (II) involving a potential violation of state election law by any 453 |
---|
547 | 547 | | foreign national or foreign-influenced entity, or (v) any investigation 454 |
---|
548 | 548 | | by, or consultation of the commission or commission staff with, the 455 |
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549 | 549 | | Chief State's Attorney, the Attorney General, the United States 456 |
---|
550 | 550 | | Department of Justice or the United States Attorney for Connecticut 457 |
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551 | 551 | | related to such complaint, shall be added to such one year. 458 |
---|
552 | 552 | | This act shall take effect as follows and shall amend the following |
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553 | 553 | | sections: |
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554 | 554 | | |
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555 | 555 | | Section 1 January 1, 2020 9-705(i)(3) |
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556 | 556 | | Sec. 2 January 1, 2020 9-702(c) |
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557 | 557 | | Sec. 3 from passage 9-718 |
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558 | 558 | | Sec. 4 from passage 9-7a(a)(2) |
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559 | 559 | | Sec. 5 from passage 9-601a(a) |
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560 | 560 | | Sec. 6 from passage 9-601b(a) and (b) |
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561 | 561 | | Sec. 7 from passage 9-608(a)(1) |
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562 | 562 | | Sec. 8 from passage 9-611 Raised Bill No. 1044 |
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563 | 563 | | |
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564 | 564 | | |
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565 | 565 | | |
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566 | 566 | | LCO No. 5321 16 of 16 |
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567 | 567 | | |
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568 | 568 | | Sec. 9 from passage 9-712(a)(4) |
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569 | 569 | | Sec. 10 from passage 9-7a(g)(1) |
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570 | 570 | | |
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571 | 571 | | Statement of Purpose: |
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572 | 572 | | To (1) eliminate grants from the Citizens' Election Fund for candidates |
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573 | 573 | | without an opponent, (2) modify the amounts of organization |
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574 | 574 | | expenditures that state central, legislative caucus and legislative |
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575 | 575 | | leadership committees may make to participating candidates, (3) |
---|
576 | 576 | | permit members of the State Elections Enforcement Commission to |
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577 | 577 | | serve more than two consecutive terms, and (4) revise the manner in |
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578 | 578 | | which the commission processes complaints. |
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579 | 579 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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580 | 580 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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581 | 581 | | not underlined.] |
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582 | 582 | | |
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