Connecticut 2019 Regular Session

Connecticut Senate Bill SB01044 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 1044
66 January Session, 2019
77 LCO No. 5321
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1010 Referred to Committee on GOVERNMENT ADMINISTRATION
1111 AND ELECTIONS
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1414 Introduced by:
1515 (GAE)
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2020 AN ACT RESTORING THE CITIZENS' ELECTION PROGRAM.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subdivision (3) of subsection (i) of section 9-705 of the 1
2525 general statutes is repealed and the following is substituted in lieu 2
2626 thereof (Effective January 1, 2020): 3
2727 (3) (A) If a participating candidate who is nominated for election 4
2828 does not have [any] an opponent in the general election campaign, [the 5
2929 amount of the] such candidate shall be ineligible for a general election 6
3030 campaign grant. [for which the qualified candidate committee for said 7
3131 candidate shall be eligible shall be thirty per cent of the applicable 8
3232 amount set forth in subsections (a) to (h), inclusive, of this section.] For 9
3333 the purposes of this subdivision, a participating candidate shall be 10
3434 deemed to have an opponent if [(A)] (i) a major party has properly 11
3535 endorsed any other candidate and made the requisite filing with the 12
3636 Secretary of the State within the time specified in [section 9-391 or 9-13
3737 400, as applicable, (B)] chapter 153, (ii) any candidate of any other 14
3838 major party has received not less than fifteen per cent of the vote of 15 Raised Bill No. 1044
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4444 convention delegates and has complied with the filing requirements 16
4545 set forth in section 9-400, or [(C)] (iii) any candidate of any other major 17
4646 party has circulated a petition and obtained the required number of 18
4747 signatures for filing a candidacy for nomination and has either 19
4848 qualified for the primary or been deemed the party's nominee; 20
4949 (B) If a participating candidate who is nominated for election and 21
5050 who was previously deemed to not have an opponent under 22
5151 subparagraph (A) of this subdivision is subsequently deemed to have 23
5252 an opponent in the general election campaign, the qualified candidate 24
5353 committee of such candidate shall be eligible to receive a general 25
5454 election campaign grant under subsections (a) to (h), inclusive, of this 26
5555 section, and the amount of such grant shall be reduced by the amount 27
5656 of any additional contributions raised pursuant to subsection (c) of 28
5757 section 9-702, as amended by this act, during the period when such 29
5858 candidate was deemed to not have an opponent; 30
5959 Sec. 2. Subsection (c) of section 9-702 of the general statutes is 31
6060 repealed and the following is substituted in lieu thereof (Effective 32
6161 January 1, 2020): 33
6262 (c) (1) A candidate participating in the Citizens' Election Program 34
6363 shall limit the expenditures of the candidate's candidate committee (A) 35
6464 before a primary campaign and a general election campaign, to the 36
6565 amount of qualifying contributions permitted in section 9-704 and any 37
6666 personal funds provided by the candidate under subsection (c) of 38
6767 section 9-710, (B) for a primary campaign, to the sum of (i) the amount 39
6868 of such qualifying contributions and personal funds that have not been 40
6969 spent before the primary campaign, and (ii) the amount of the grant for 41
7070 the primary campaign authorized under section 9-705, as amended by 42
7171 this act, and (C) for a general election campaign, to the sum of (i) the 43
7272 amount of such qualifying contributions and personal funds that have 44
7373 not been spent before the general election campaign, (ii) any 45
7474 unexpended funds from any grant for a primary campaign authorized 46
7575 under section 9-705, as amended by this act, and (iii) the amount of the 47
7676 grant for the general election campaign authorized under section 9-48 Raised Bill No. 1044
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8282 705, as amended by this act. 49
8383 (2) The candidate committee of a minor or petitioning party 50
8484 candidate who has received a general election campaign grant from 51
8585 the fund pursuant to section 9-705, as amended by this act, or an 52
8686 unopposed candidate who is ineligible to receive a grant pursuant to 53
8787 subparagraph (A) of subdivision (3) of subsection (i) of said section, 54
8888 shall be permitted to receive contributions in addition to the qualifying 55
8989 contributions subject to the limitations and restrictions applicable to 56
9090 participating candidates for the same office, provided (A) such minor 57
9191 or petitioning party candidate shall limit the expenditures of the 58
9292 candidate committee for a general election campaign to the sum of the 59
9393 qualifying contributions and personal funds, the amount of the general 60
9494 election campaign grant received and the amount raised in additional 61
9595 contributions that is equivalent to the difference between the amount 62
9696 of the applicable general election campaign grant for a major party 63
9797 candidate for such office and the amount of the general election 64
9898 campaign grant received by such minor or petitioning party candidate, 65
9999 and (B) such unopposed candidate shall limit the expenditures of the 66
100100 candidate committee for a general election campaign to the sum of (i) 67
101101 the qualifying contributions, (ii) any personal funds, and (iii) the 68
102102 amount raised in additional contributions that is equivalent to thirty 69
103103 per cent of the applicable general election campaign grant for which 70
104104 such candidate committee would be eligible under subsections (a) to 71
105105 (h), inclusive, of section 9-705, as amended by this act, if such 72
106106 candidate was not unopposed. 73
107107 Sec. 3. Section 9-718 of the general statutes is repealed and the 74
108108 following is substituted in lieu thereof (Effective from passage): 75
109109 (a) (1) Notwithstanding any provision of the general statutes and 76
110110 except as provided in subsection (e) of this section, [no] a town 77
111111 committee [, legislative caucus committee or legislative leadership 78
112112 committee] shall not make an organization expenditure for the benefit 79
113113 of a participating candidate or the candidate committee of a 80
114114 participating candidate in the Citizens' Election Program for the office 81 Raised Bill No. 1044
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120120 of state senator in an amount that exceeds ten thousand dollars for the 82
121121 general election campaign. 83
122122 (2) Notwithstanding any provision of the general statutes, a state 84
123123 central committee, legislative caucus committee or legislative 85
124124 leadership committee shall not make an organization expenditure for 86
125125 the benefit of a participating candidate or the candidate committee of a 87
126126 participating candidate in the Citizens' Election Program for the office 88
127127 of state senator in an amount that exceeds one-fourth of the applicable 89
128128 full grant amount for a major party candidate authorized under section 90
129129 9-705, as amended by this act, for the applicable campaign period. 91
130130 (b) Notwithstanding any provision of the general statutes, [no] a 92
131131 party committee, legislative caucus committee or legislative leadership 93
132132 committee shall not make an organization expenditure for the 94
133133 purposes described in subparagraph (A) of subdivision (25) of section 95
134134 9-601 for the benefit of a participating candidate or the candidate 96
135135 committee of a participating candidate in the Citizens' Election 97
136136 Program for the office of state senator for the primary campaign. 98
137137 (c) (1) Notwithstanding any provision of the general statutes and 99
138138 except as provided in subsection (e) of this section, [no] a town 100
139139 committee [, legislative caucus committee or legislative leadership 101
140140 committee] shall not make an organization expenditure for the benefit 102
141141 of a participating candidate or the candidate committee of a 103
142142 participating candidate in the Citizens' Election Program for the office 104
143143 of state representative in an amount that exceeds three thousand five 105
144144 hundred dollars for the general election campaign. 106
145145 (2) Notwithstanding any provision of the general statutes, a state 107
146146 central committee, legislative caucus committee or legislative 108
147147 leadership committee shall not make an organization expenditure for 109
148148 the benefit of a participating candidate or the candidate committee of a 110
149149 participating candidate in the Citizens' Election Program for the office 111
150150 of state representative in an amount that exceeds one-fourth of the 112
151151 applicable full grant amount for a major party candidate authorized 113 Raised Bill No. 1044
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157157 under section 9-705, as amended by this act, for the applicable 114
158158 campaign period. 115
159159 (d) Notwithstanding any provision of the general statutes, [no] 116
160160 party committee, legislative caucus committee or legislative leadership 117
161161 committee shall not make an organization expenditure for the 118
162162 purposes described in subparagraph (A) of subdivision (25) of section 119
163163 9-601 for the benefit of a participating candidate or the candidate 120
164164 committee of a participating candidate in the Citizens' Election 121
165165 Program for the office of state representative for the primary 122
166166 campaign. 123
167167 (e) For any election held in 2014, and thereafter, the amount of the 124
168168 limitations on organization expenditures provided in [subsections] 125
169169 subdivision (1) of subsection (a) and subdivision (1) of subsection (c) of 126
170170 this section shall be adjusted by the State Elections Enforcement 127
171171 Commission not later than January 15, 2014, and biennially thereafter, 128
172172 in accordance with any change in the consumer price index for all 129
173173 urban consumers as published by the United States Department of 130
174174 Labor, Bureau of Labor Statistics, during the period beginning on 131
175175 January 1, 2010, and ending on December thirty-first in the year 132
176176 preceding the year in which said adjustment is to be made. 133
177177 Sec. 4. Subdivision (2) of subsection (a) of section 9-7a of the general 134
178178 statutes is repealed and the following is substituted in lieu thereof 135
179179 (Effective from passage): 136
180180 (2) On and after July 1, 2011, but before July 1, 2019, members shall 137
181181 be appointed for terms of three years from July first in the year of their 138
182182 appointment and shall be appointed by the person holding the same 139
183183 office as was held by the person making the original appointment, 140
184184 provided any person chosen to fill a vacancy shall be appointed only 141
185185 for the unexpired term of the member whom he or she shall succeed. 142
186186 On and after [July 1, 2011, no] July 1, 2019, any member may serve 143
187187 more than two consecutive terms, [except that] and any member 144
188188 serving on said date [,] may serve until a successor is appointed and 145 Raised Bill No. 1044
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194194 has qualified. All appointments shall be made with the consent of the 146
195195 state Senate and House of Representatives. No person who has served 147
196196 during any part of the three-year period prior to the appointment as a 148
197197 political party officer, shall be appointed to membership on the 149
198198 commission. For purposes of this subsection, "political party officer" 150
199199 means an officer of a national committee of a political party, state 151
200200 central or town committee. The commission shall elect one of its 152
201201 members to serve as chairperson and another member to serve as vice-153
202202 chairperson. Each member of the commission shall be compensated at 154
203203 the rate of two hundred dollars per day for any day on which he 155
204204 participates in a regular commission meeting or hearing, and shall be 156
205205 paid by the state for his reasonable expenses, including necessary 157
206206 stenographic and clerical help. 158
207207 Sec. 5. Subsection (a) of section 9-601a of the general statutes is 159
208208 repealed and the following is substituted in lieu thereof (Effective from 160
209209 passage): 161
210210 (a) As used in this chapter and chapter 157, "contribution" means: 162
211211 (1) Any gift, subscription, loan, advance, payment or deposit of 163
212212 money or anything of value, made (A) to promote, attack, support or 164
213213 oppose the success or defeat of any [candidate] person seeking (i) the 165
214214 nomination for election, or (ii) election, or (B) for the purpose of aiding 166
215215 or promoting (i) the success or defeat of any referendum question, or 167
216216 (ii) the success or defeat of any political party; 168
217217 (2) A written contract, promise or agreement to make a contribution 169
218218 for any such purpose; 170
219219 (3) The payment by any person, other than a candidate or treasurer, 171
220220 of compensation for the personal services of any other person which 172
221221 are rendered without charge to a committee or candidate for any such 173
222222 purpose; 174
223223 (4) An expenditure that is not an independent expenditure; or 175 Raised Bill No. 1044
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229229 (5) Funds received by a committee which are transferred from 176
230230 another committee or other source for any such purpose. 177
231231 Sec. 6. Subsections (a) and (b) of section 9-601b of the general 178
232232 statutes are repealed and the following is substituted in lieu thereof 179
233233 (Effective from passage): 180
234234 (a) As used in this chapter and chapter 157, [the term] "expenditure" 181
235235 means: 182
236236 (1) Any purchase, payment, distribution, loan, advance, deposit or 183
237237 gift of money or anything of value, when made (A) to promote, attack, 184
238238 support or oppose the success or defeat of any [candidate] person 185
239239 seeking (i) the nomination for election, or (ii) election, [of any person] 186
240240 or (B) for the purpose of aiding or promoting (i) the success or defeat 187
241241 of any referendum question, or (ii) the success or defeat of any political 188
242242 party; 189
243243 (2) Any communication that (A) refers to one or more clearly 190
244244 identified candidates, and (B) (i) is broadcast (I) by radio, by television, 191
245245 other than on a public access channel, [or] by satellite communication 192
246246 or via the Internet, or (II) as a paid-for telephone communication, or (ii) 193
247247 appears in a newspaper, in a magazine or on a billboard, or (iii) is sent 194
248248 by mail; or 195
249249 (3) The transfer of funds by a committee to another committee. 196
250250 (b) [The term "expenditure"] "Expenditure" does not mean: 197
251251 (1) A loan of money, made in the ordinary course of business, by a 198
252252 state or national bank; 199
253253 (2) A communication made by any corporation, organization or 200
254254 association solely to its members, owners, stockholders, executive or 201
255255 administrative personnel, or their families; 202
256256 (3) Nonpartisan voter registration and get-out-the-vote campaigns 203
257257 by any corporation, organization or association aimed at its members, 204 Raised Bill No. 1044
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263263 owners, stockholders, executive or administrative personnel, or their 205
264264 families; 206
265265 (4) Uncompensated services provided by individuals volunteering 207
266266 their time on behalf of a party committee, political committee, slate 208
267267 committee or candidate committee, including any services provided 209
268268 for the benefit of nonparticipating and participating candidates under 210
269269 the Citizens' Election Program and any unreimbursed travel expenses 211
270270 made by an individual who volunteers the individual's personal 212
271271 services to any such committee. For purposes of this subdivision, an 213
272272 individual is a volunteer if such individual is not receiving 214
273273 compensation for such services regardless of whether such individual 215
274274 received compensation in the past or may receive compensation for 216
275275 similar services that may be performed in the future; 217
276276 (5) Any news story, commentary or editorial distributed through 218
277277 the facilities of any broadcasting station, newspaper, magazine or 219
278278 other periodical, unless such facilities are owned or controlled by any 220
279279 political party, committee or candidate; 221
280280 (6) The use of real or personal property, a portion or all of the cost of 222
281281 invitations and the cost of food or beverages, voluntarily provided by 223
282282 an individual to a candidate, including a nonparticipating or 224
283283 participating candidate under the Citizens' Election Program, or to a 225
284284 party, political or slate committee, in rendering voluntary personal 226
285285 services at the individual's residential premises or a community room 227
286286 in the individual's residence facility, to the extent that the cumulative 228
287287 value of the invitations, food or beverages provided by an individual 229
288288 on behalf of any candidate or committee does not exceed four hundred 230
289289 dollars with respect to any single event or does not exceed eight 231
290290 hundred dollars for any such event hosted by two or more individuals, 232
291291 provided at least one such individual owns or resides at the residential 233
292292 premises, and further provided the cumulative value of the invitations, 234
293293 food or beverages provided by an individual on behalf of any such 235
294294 candidate or committee does not exceed eight hundred dollars with 236
295295 respect to a calendar year or single election, as the case may be; 237 Raised Bill No. 1044
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301301 (7) A communication described in subdivision (2) of subsection (a) 238
302302 of this section, which communication is not made to promote, attack, 239
303303 support or oppose the nomination or election of any person, that 240
304304 includes speech or expression [made] (A) made prior to the ninety-day 241
305305 period preceding the date of a primary or an election at which the 242
306306 clearly identified candidate or candidates are seeking nomination to 243
307307 public office or position, [that is] including a communication made for 244
308308 the purpose of influencing any legislative or administrative action, as 245
309309 defined in section 1-91, or executive action, [or] (B) made during a 246
310310 legislative session for the purpose of influencing legislative action, or 247
311311 (C) that constitutes a candidate debate or that solely promotes any 248
312312 such debate and is made by or on behalf of the person sponsoring the 249
313313 debate; 250
314314 (8) An organization expenditure by a party committee, legislative 251
315315 caucus committee or legislative leadership committee; 252
316316 (9) A commercial advertisement that refers to an owner, director or 253
317317 officer of a business entity who is also a candidate, [and that] which 254
318318 commercial advertisement had previously been broadcast or appeared 255
319319 when the owner, director or officer was not a candidate; 256
320320 (10) A communication containing an endorsement on behalf of a 257
321321 candidate for nomination or election to the office of Governor, 258
322322 Lieutenant Governor, Secretary of the State, State Treasurer, State 259
323323 Comptroller, Attorney General, state senator or state representative, 260
324324 from a candidate for the office of Governor, Lieutenant Governor, 261
325325 Secretary of the State, State Treasurer, State Comptroller, Attorney 262
326326 General, state senator or state representative, shall not be an 263
327327 expenditure attributable to the endorsing candidate, if the candidate 264
328328 making the endorsement is unopposed at the time of the 265
329329 communication; 266
330330 (11) A communication that is sent by mail to addresses in the district 267
331331 for which a candidate being endorsed by another candidate pursuant 268
332332 to the provisions of this subdivision is seeking nomination or election 269 Raised Bill No. 1044
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338338 to the office of state senator or state representative, containing an 270
339339 endorsement on behalf of such candidate for such nomination or 271
340340 election, from a candidate for the office of state senator or state 272
341341 representative, shall not be an expenditure attributable to the 273
342342 endorsing candidate, if the candidate making the endorsement is not 274
343343 seeking election to the office of state senator or state representative for 275
344344 a district that contains any geographical area shared by the district for 276
345345 the office to which the endorsed candidate is seeking nomination or 277
346346 election; 278
347347 (12) Campaign training events provided to multiple individuals by 279
348348 a legislative caucus committee and any associated materials, provided 280
349349 the cumulative value of such events and materials does not exceed six 281
350350 thousand dollars in the aggregate for a calendar year; 282
351351 (13) A lawful communication by any charitable organization which 283
352352 is a tax-exempt organization under Section 501(c)(3) of the Internal 284
353353 Revenue Code of 1986, or any subsequent corresponding internal 285
354354 revenue code of the United States, as from time to time amended; 286
355355 (14) The use of offices, telephones, computers and similar 287
356356 equipment provided by a party committee, legislative caucus 288
357357 committee or legislative leadership committee that serve as 289
358358 headquarters for or are used by such party committee, legislative 290
359359 caucus committee or legislative leadership committee; or 291
360360 (15) An expense or expenses incurred by a human being acting 292
361361 alone in an amount that is two hundred dollars or less, in the 293
362362 aggregate, that benefits a candidate for a single election. 294
363363 Sec. 7. Subdivision (1) of subsection (a) of section 9-608 of the 295
364364 general statutes is repealed and the following is substituted in lieu 296
365365 thereof (Effective from passage): 297
366366 (a) (1) Each treasurer of a committee, other than a state central 298
367367 committee, shall file a statement, sworn under penalty of false 299
368368 statement with the proper authority in accordance with the provisions 300 Raised Bill No. 1044
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374374 of section 9-603, (A) on the tenth calendar day in the months of 301
375375 January, April, July and October, provided, if such tenth calendar day 302
376376 is a Saturday, Sunday or legal holiday, the statement shall be filed on 303
377377 the next business day, except that in the case of a candidate or 304
378378 exploratory committee established for an office to be elected at a 305
379379 special election, statements pursuant to this subparagraph shall not be 306
380380 required, (B) on the seventh day preceding each regular state election, 307
381381 except that (i) in the case of a candidate or exploratory committee 308
382382 established for an office to be elected at a municipal election, the 309
383383 statement shall be filed on the seventh day preceding a regular 310
384384 municipal election in lieu of such date, except if the candidate's name 311
385385 is not eligible to appear on the ballot, in which case such statement 312
386386 shall not be required, (ii) in the case of a town committee, the 313
387387 statement shall be filed on the seventh day preceding each municipal 314
388388 election in addition to such date, (iii) in the case of a candidate 315
389389 committee in a state election, [that is required to file any supplemental 316
390390 campaign finance statements pursuant to subdivisions (1) and (2) of 317
391391 subsection (a) of section 9-712, such] the supplemental campaign 318
392392 finance statements required pursuant to subsection (a) of section 9-712, 319
393393 as amended by this act, shall satisfy the filing requirement under this 320
394394 subdivision, and (iv) in the case of a candidate committee established 321
395395 by a candidate whose name is not eligible to appear on the ballot, such 322
396396 statement shall not be required, and (C) if the committee has made or 323
397397 received a contribution or expenditure in connection with any other 324
398398 election, a primary or a referendum, on the seventh day preceding the 325
399399 election, primary or referendum, except that in the case of a candidate 326
400400 committee in a primary [that is required to file statements pursuant to 327
401401 subdivisions (1) and (2) of subsection (a) of section 9-712, such] for an 328
402402 office to be voted upon at a state election, the statements required 329
403403 pursuant to subsection (a) of section 9-712, as amended by this act, 330
404404 shall satisfy the filing requirement under this subdivision. The 331
405405 statement shall be complete as of eleven fifty-nine o'clock p.m. of the 332
406406 last day of the month preceding the month in which the statement is 333
407407 required to be filed, except that for the statement required to be filed 334
408408 on the seventh day preceding the election, primary or referendum, the 335 Raised Bill No. 1044
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414414 statement shall be complete as of eleven fifty-nine o'clock p.m. of the 336
415415 second day immediately preceding the required filing day. The 337
416416 statement shall cover a period to begin with the first day not included 338
417417 in the last filed statement. In the case of a candidate committee, the 339
418418 statement required to be filed in January shall be in lieu of the 340
419419 statement formerly required to be filed within forty-five days 341
420420 following an election. 342
421421 Sec. 8. Section 9-611 of the general statutes is repealed and the 343
422422 following is substituted in lieu thereof (Effective from passage): 344
423423 (a) [No] An individual shall not make a contribution or 345
424424 contributions to, for the benefit of, or pursuant to the authorization or 346
425425 request of, a candidate or a committee supporting or opposing any 347
426426 candidate's campaign for nomination at a primary, or any candidate's 348
427427 campaign for election, to the office of (1) Governor, in excess of three 349
428428 thousand five hundred dollars; (2) Lieutenant Governor, Secretary of 350
429429 the State, Treasurer, Comptroller or Attorney General, in excess of two 351
430430 thousand dollars; (3) chief executive officer of a town, city or borough, 352
431431 in excess of one thousand dollars; (4) state senator or probate judge, in 353
432432 excess of one thousand dollars; or (5) state representative or any other 354
433433 office of a municipality not previously included in this subsection, in 355
434434 excess of two hundred fifty dollars. The limits imposed by this 356
435435 subsection shall be applied separately to primaries and elections. 357
436436 (b) (1) [No] An individual shall not make a contribution or 358
437437 contributions to, or for the benefit of, an exploratory committee, in 359
438438 excess of three hundred seventy-five dollars, if the candidate 360
439439 establishing the exploratory committee certifies on the statement of 361
440440 organization for the exploratory committee pursuant to subsection (c) 362
441441 of section 9-604 that the candidate will not be a candidate for the office 363
442442 of state representative. [No] An individual shall not make a 364
443443 contribution or contributions to, or for the benefit of, any exploratory 365
444444 committee, in excess of two hundred fifty dollars, if the candidate 366
445445 establishing the exploratory committee does not so certify. 367 Raised Bill No. 1044
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451451 (2) [No] An individual shall not make a contribution or 368
452452 contributions to, or for the benefit of, a political committee formed by a 369
453453 slate of candidates in a primary for the office of justice of the peace, in 370
454454 excess of two hundred fifty dollars. 371
455455 [(c) No individual shall make contributions to such candidates or 372
456456 committees which in the aggregate exceed thirty thousand dollars for 373
457457 any single election and primary preliminary to such election.] 374
458458 [(d) No] (c) An individual shall not make a contribution to any 375
459459 candidate or committee, other than a contribution in kind, in excess of 376
460460 one hundred dollars, except by personal check or credit card of that 377
461461 individual. 378
462462 [(e) No] (d) An individual who is less than eighteen years of age 379
463463 shall not make a contribution or contributions, in excess of thirty 380
464464 dollars to, for the benefit of, or pursuant to the authorization or request 381
465465 of: (1) A candidate or a committee supporting or opposing any 382
466466 candidate's campaign for nomination at a primary to any office; (2) a 383
467467 candidate or a committee supporting or opposing any candidate's 384
468468 campaign for election to any office; (3) an exploratory committee; (4) 385
469469 any other political committee in any calendar year; or (5) a party 386
470470 committee in any calendar year. Notwithstanding any provision of 387
471471 subdivision (2) of section 9-7b, any individual who is less than 388
472472 eighteen years of age who violates any provision of this subsection 389
473473 shall not be subject to the provisions of subdivision (2) of section 9-7b. 390
474474 Sec. 9. Subdivision (4) of subsection (a) of section 9-712 of the 391
475475 general statutes is repealed and the following is substituted in lieu 392
476476 thereof (Effective from passage): 393
477477 (4) Notwithstanding the provisions of this subsection, the 394
478478 statements required to be filed pursuant to subdivisions (1) and (2) of 395
479479 this subsection shall not be required to be filed by (A) a candidate 396
480480 committee of a candidate that is exempt from filing campaign finance 397
481481 statements pursuant to subsection (b) of section 9-608 unless or until 398
482482 such a candidate committee receives or expends an amount in excess 399 Raised Bill No. 1044
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488488 of one thousand dollars for purposes of the primary or election for 400
489489 which such committee was formed, (B) a candidate committee of a 401
490490 candidate who is no longer eligible for a position on the ballot, or (C) a 402
491491 candidate committee of a participating candidate that is unopposed or 403
492492 of a nonparticipating candidate that is unopposed or opposed only by 404
493493 a nonparticipating candidate or candidates, except that such candidate 405
494494 committee shall file a supplemental statement on the last Thursday 406
495495 before the applicable primary or general election. Such statement shall 407
496496 be complete as of eleven fifty-nine o'clock p.m. of the second day 408
497497 immediately preceding the required filing day. The statement shall 409
498498 cover a period beginning with the first day not included in the last 410
499499 filed statement. 411
500500 Sec. 10. Subdivision (1) of subsection (g) of section 9-7a of the 412
501501 general statutes is repealed and the following is substituted in lieu 413
502502 thereof (Effective from passage): 414
503503 (g) (1) In the case of a written complaint filed with the commission 415
504504 pursuant to section 9-7b, commission staff shall conduct and complete 416
505505 a preliminary examination of such complaint by the fourteenth day 417
506506 following its receipt, at which time such staff shall, at its discretion, (A) 418
507507 dismiss the complaint for failure to allege any substantial violation of 419
508508 state election law supported by evidence, (B) engage the respondent in 420
509509 discussions in an effort to speedily resolve any matter pertaining to a 421
510510 de minimis violation, or (C) investigate and docket the complaint for a 422
511511 determination by the commission that probable cause or no probable 423
512512 cause exists for any such violation. If commission staff dismisses a 424
513513 complaint pursuant to subparagraph (A) of this subdivision, such staff 425
514514 shall provide a brief written statement concisely setting forth the 426
515515 reasons for such dismissal. If commission staff engages a respondent 427
516516 pursuant to subparagraph (B) of this subdivision but is unable to 428
517517 speedily resolve any such matter described in said subparagraph by 429
518518 the forty-fifth day following receipt of the complaint, such staff shall 430
519519 docket such complaint for a determination by the commission that 431
520520 probable cause or no probable cause exists for any violation of state 432
521521 election law. If the commission does not, by the sixtieth day following 433 Raised Bill No. 1044
522522
523523
524524
525525 LCO No. 5321 15 of 16
526526
527527 receipt of the complaint, either issue a decision or render its 434
528528 determination that probable cause or no probable cause exists for any 435
529529 violation of state election laws, the complainant or respondent may 436
530530 apply to the superior court for the judicial district of Hartford for an 437
531531 order to show cause why the commission has not acted upon the 438
532532 complaint and to provide evidence that the commission has 439
533533 unreasonably delayed action. For any complaint received on or after 440
534534 January 1, 2018, if the commission does not, by one year following 441
535535 receipt of such complaint, [issue a decision thereon] find reason to 442
536536 believe, pursuant to section 9-7b-35 of the regulations of Connecticut 443
537537 state agencies, that a violation of state election law has been 444
538538 committed, the commission shall dismiss such complaint, provided the 445
539539 length of time of any delay caused by (i) the commission or 446
540540 commission staff granting any extension or continuance to a 447
541541 respondent prior to the issuance of any such decision, (ii) any 448
542542 subpoena issued in connection with such complaint, (iii) any litigation 449
543543 in state or federal court related to such complaint, [or] (iv) any 450
544544 investigation by the commission or commission staff (I) involving a 451
545545 potential violation of section 9-601c or 9-601d, as amended by this act, 452
546546 or (II) involving a potential violation of state election law by any 453
547547 foreign national or foreign-influenced entity, or (v) any investigation 454
548548 by, or consultation of the commission or commission staff with, the 455
549549 Chief State's Attorney, the Attorney General, the United States 456
550550 Department of Justice or the United States Attorney for Connecticut 457
551551 related to such complaint, shall be added to such one year. 458
552552 This act shall take effect as follows and shall amend the following
553553 sections:
554554
555555 Section 1 January 1, 2020 9-705(i)(3)
556556 Sec. 2 January 1, 2020 9-702(c)
557557 Sec. 3 from passage 9-718
558558 Sec. 4 from passage 9-7a(a)(2)
559559 Sec. 5 from passage 9-601a(a)
560560 Sec. 6 from passage 9-601b(a) and (b)
561561 Sec. 7 from passage 9-608(a)(1)
562562 Sec. 8 from passage 9-611 Raised Bill No. 1044
563563
564564
565565
566566 LCO No. 5321 16 of 16
567567
568568 Sec. 9 from passage 9-712(a)(4)
569569 Sec. 10 from passage 9-7a(g)(1)
570570
571571 Statement of Purpose:
572572 To (1) eliminate grants from the Citizens' Election Fund for candidates
573573 without an opponent, (2) modify the amounts of organization
574574 expenditures that state central, legislative caucus and legislative
575575 leadership committees may make to participating candidates, (3)
576576 permit members of the State Elections Enforcement Commission to
577577 serve more than two consecutive terms, and (4) revise the manner in
578578 which the commission processes complaints.
579579 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
580580 except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
581581 not underlined.]
582582