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6 | 3 | ||
7 | - | General Assembly Substitute Bill No. 6663 | |
4 | + | LCO No. 4980 1 of 14 | |
5 | + | ||
6 | + | General Assembly Raised Bill No. 6663 | |
8 | 7 | January Session, 2021 | |
8 | + | LCO No. 4980 | |
9 | + | ||
10 | + | ||
11 | + | Referred to Committee on GOVERNMENT ADMINISTRATION | |
12 | + | AND ELECTIONS | |
13 | + | ||
14 | + | ||
15 | + | Introduced by: | |
16 | + | (GAE) | |
17 | + | ||
9 | 18 | ||
10 | 19 | ||
11 | 20 | ||
12 | 21 | AN ACT REVISING CERTAIN CAMPAIGN FINANCE STATUTES. | |
13 | 22 | Be it enacted by the Senate and House of Representatives in General | |
14 | 23 | Assembly convened: | |
15 | 24 | ||
16 | 25 | Section 1. Section 9-611 of the general statutes is repealed and the 1 | |
17 | 26 | following is substituted in lieu thereof (Effective October 1, 2021): 2 | |
18 | 27 | (a) No individual shall make a contribution or contributions to, for 3 | |
19 | 28 | the benefit of, or pursuant to the authorization or request of, a candidate 4 | |
20 | 29 | or a committee supporting or opposing any candidate's campaign for 5 | |
21 | 30 | nomination at a primary, or any candidate's campaign for election, to 6 | |
22 | 31 | the office of (1) Governor, in excess of three thousand five hundred 7 | |
23 | 32 | dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, 8 | |
24 | 33 | Comptroller or Attorney General, in excess of two thousand dollars; (3) 9 | |
25 | 34 | chief executive officer of a town, city or borough, in excess of one 10 | |
26 | 35 | thousand dollars; (4) state senator or probate judge, in excess of one 11 | |
27 | 36 | thousand dollars; or (5) state representative or any other office of a 12 | |
28 | 37 | municipality not previously included in this subsection, in excess of two 13 | |
29 | 38 | hundred fifty dollars. The limits imposed by this subsection shall be 14 | |
30 | 39 | applied separately to primaries and elections. 15 | |
40 | + | LCO No. 4980 2 of 14 | |
41 | + | ||
31 | 42 | (b) (1) No individual shall make a contribution or contributions to, or 16 | |
32 | 43 | for the benefit of, an exploratory committee, in excess of three hundred 17 | |
33 | 44 | seventy-five dollars, if the candidate establishing the exploratory 18 | |
34 | - | committee certifies on the statement of organization for the exploratory 19 Substitute Bill No. 6663 | |
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45 | + | committee certifies on the statement of organization for the exploratory 19 | |
41 | 46 | committee pursuant to subsection (c) of section 9-604 that the candidate 20 | |
42 | 47 | will not be a candidate for the office of state representative. No 21 | |
43 | 48 | individual shall make a contribution or contributions to, or for the 22 | |
44 | 49 | benefit of, any exploratory committee, in excess of two hundred fifty 23 | |
45 | 50 | dollars, if the candidate establishing the exploratory committee does not 24 | |
46 | 51 | so certify. 25 | |
47 | 52 | (2) No individual shall make a contribution or contributions to, or for 26 | |
48 | 53 | the benefit of, a political committee formed by a slate of candidates in a 27 | |
49 | 54 | primary for the office of justice of the peace, in excess of two hundred 28 | |
50 | 55 | fifty dollars. 29 | |
51 | 56 | [(c) No individual shall make contributions to such candidates or 30 | |
52 | 57 | committees which in the aggregate exceed thirty thousand dollars for 31 | |
53 | 58 | any single election and primary preliminary to such election.] 32 | |
54 | 59 | [(d)] (c) No individual shall make a contribution to any candidate or 33 | |
55 | 60 | committee, other than a contribution in kind, in excess of one hundred 34 | |
56 | 61 | dollars except by personal check or credit card of that individual. 35 | |
57 | 62 | [(e)] (d) No individual who is less than eighteen years of age shall 36 | |
58 | 63 | make a contribution or contributions, in excess of thirty dollars to, for 37 | |
59 | 64 | the benefit of, or pursuant to the authorization or request of: (1) A 38 | |
60 | 65 | candidate or a committee supporting or opposing any candidate's 39 | |
61 | 66 | campaign for nomination at a primary to any office; (2) a candidate or a 40 | |
62 | 67 | committee supporting or opposing any candidate's campaign for 41 | |
63 | 68 | election to any office; (3) an exploratory committee; (4) any other 42 | |
64 | 69 | political committee in any calendar year; or (5) a party committee in any 43 | |
65 | 70 | calendar year. Notwithstanding any provision of subdivision (2) of 44 | |
66 | 71 | section 9-7b, any individual who is less than eighteen years of age who 45 | |
67 | 72 | violates any provision of this subsection shall not be subject to the 46 | |
68 | 73 | provisions of subdivision (2) of section 9-7b. 47 | |
74 | + | LCO No. 4980 3 of 14 | |
75 | + | ||
69 | 76 | Sec. 2. Section 9-601 of the general statutes is amended by adding 48 | |
70 | 77 | subdivision (32) as follows (Effective October 1, 2021): 49 | |
71 | - | (NEW) (32) "Independent expenditure political committee" means a 50 Substitute Bill No. 6663 | |
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78 | + | (NEW) (32) "Independent expenditure political committee" means a 50 | |
78 | 79 | political committee that makes only (A) independent expenditures, and 51 | |
79 | 80 | (B) contributions to other independent expenditure political 52 | |
80 | 81 | committees. 53 | |
81 | 82 | Sec. 3. Subdivision (3) of section 9-601 of the general statutes is 54 | |
82 | 83 | repealed and the following is substituted in lieu thereof (Effective October 55 | |
83 | 84 | 1, 2021): 56 | |
84 | 85 | (3) "Political committee" means (A) a committee organized by a 57 | |
85 | 86 | business entity or organization, (B) persons other than individuals, or 58 | |
86 | 87 | two or more individuals organized or acting jointly conducting their 59 | |
87 | 88 | activities in or outside the state, (C) an exploratory committee, (D) a 60 | |
88 | 89 | committee established by or on behalf of a slate of candidates in a 61 | |
89 | 90 | primary for the office of justice of the peace, but does not mean a 62 | |
90 | 91 | candidate committee or a party committee, (E) a legislative caucus 63 | |
91 | 92 | committee, [or] (F) a legislative leadership committee, or (G) an 64 | |
92 | 93 | independent expenditure political committee. 65 | |
93 | 94 | Sec. 4. Subdivision (1) of subsection (g) of section 9-607 of the general 66 | |
94 | 95 | statutes is repealed and the following is substituted in lieu thereof 67 | |
95 | 96 | (Effective October 1, 2021): 68 | |
96 | 97 | (g) (1) As used in this subsection, (A) "the lawful purposes of the 69 | |
97 | 98 | committee" means: (i) For a candidate committee or exploratory 70 | |
98 | 99 | committee, the promoting of the nomination or election of the candidate 71 | |
99 | 100 | who established the committee, except that after a political party 72 | |
100 | 101 | nominates candidates for election to the offices of Governor and 73 | |
101 | 102 | Lieutenant Governor, whose names shall be so placed on the ballot in 74 | |
102 | 103 | the election that an elector will cast a single vote for both candidates, as 75 | |
103 | 104 | prescribed in section 9-181, a candidate committee established by either 76 | |
104 | 105 | such candidate may also promote the election of the other such 77 | |
105 | 106 | candidate; (ii) for a political committee, other than an independent 78 | |
106 | 107 | expenditure political committee described in subparagraph (A)(iv) of 79 | |
108 | + | LCO No. 4980 4 of 14 | |
109 | + | ||
107 | 110 | this subdivision, the promoting of (I) a political party, including party 80 | |
108 | 111 | building activities, (II) the success or defeat of candidates for 81 | |
109 | - | nomination [and] or election to public office or position subject to the 82 Substitute Bill No. 6663 | |
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112 | + | nomination [and] or election to public office or position subject to the 82 | |
116 | 113 | requirements of this chapter, or (III) the success or defeat of referendum 83 | |
117 | 114 | questions, provided a political committee formed for a single 84 | |
118 | 115 | referendum question shall not promote the success or defeat of any 85 | |
119 | 116 | candidate, and provided further a legislative leadership committee or a 86 | |
120 | 117 | legislative caucus committee may expend funds to defray costs for 87 | |
121 | 118 | conducting legislative or constituency-related business which are not 88 | |
122 | 119 | reimbursed or paid by the state; [and] (iii) for a party committee, the 89 | |
123 | 120 | promoting of the party, party building activities, the candidates of the 90 | |
124 | 121 | party and continuing operating costs of the party; and (iv) for an 91 | |
125 | 122 | independent expenditure political committee, the promoting of (I) a 92 | |
126 | 123 | political party, (II) the success or defeat of candidates for nomination or 93 | |
127 | 124 | election to public office or position subject to the requirements of this 94 | |
128 | 125 | chapter, or (III) the success or defeat of referendum questions, provided 95 | |
129 | 126 | an independent expenditure political committee shall act entirely 96 | |
130 | 127 | independently of a candidate, candidate committee, party committee or 97 | |
131 | 128 | political committee that is not an independent expenditure political 98 | |
132 | 129 | committee, or any agent of such candidate or committee, and (B) 99 | |
133 | 130 | "immediate family" means a spouse or dependent child of a candidate 100 | |
134 | 131 | who resides in the candidate's household. 101 | |
135 | 132 | Sec. 5. Subparagraph (C) of subdivision (1) of subsection (e) of section 102 | |
136 | 133 | 9-608 of the general statutes is repealed and the following is substituted 103 | |
137 | 134 | in lieu thereof (Effective October 1, 2021): 104 | |
138 | 135 | (C) (i) Each political committee formed solely to aid or promote the 105 | |
139 | 136 | success or defeat of any referendum question, which does not receive 106 | |
140 | 137 | contributions from a business entity or an organization, shall distribute 107 | |
141 | 138 | its surplus to a party committee, to a political committee organized for 108 | |
142 | 139 | ongoing political activities, to a national committee of a political party, 109 | |
143 | 140 | to all contributors to the committee on a prorated basis of contribution, 110 | |
144 | 141 | to state or municipal governments or agencies or to any organization 111 | |
145 | 142 | which is a tax-exempt organization under Section 501(c)(3) of the 112 | |
146 | 143 | Internal Revenue Code of 1986, or any subsequent corresponding 113 | |
144 | + | LCO No. 4980 5 of 14 | |
145 | + | ||
147 | 146 | internal revenue code of the United States, as from time to time 114 | |
148 | - | amended. 115 Substitute Bill No. 6663 | |
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154 | - | ||
147 | + | amended. 115 | |
155 | 148 | (ii) Each political committee formed solely to aid or promote the 116 | |
156 | 149 | success or defeat of any referendum question, which receives 117 | |
157 | 150 | contributions from a business entity or an organization, and each 118 | |
158 | 151 | independent expenditure political committee other than an 119 | |
159 | 152 | independent expenditure political committee formed for ongoing 120 | |
160 | 153 | political activities, shall distribute its surplus to all contributors to the 121 | |
161 | 154 | committee on a prorated basis of contribution, to state or municipal 122 | |
162 | 155 | governments or agencies, or to any organization which is tax-exempt 123 | |
163 | 156 | under said provisions of the Internal Revenue Code. 124 | |
164 | 157 | (iii) Notwithstanding the provisions of this subsection, a committee 125 | |
165 | 158 | formed for a single referendum shall not be required to expend its 126 | |
166 | 159 | surplus not later than ninety days after the referendum and may 127 | |
167 | 160 | continue in existence if a substantially similar referendum question on 128 | |
168 | 161 | the same issue will be submitted to the electorate within six months after 129 | |
169 | 162 | the first referendum. If two or more substantially similar referenda on 130 | |
170 | 163 | the same issue are submitted to the electorate, each no more than six 131 | |
171 | 164 | months apart, the committee shall expend such surplus within ninety 132 | |
172 | 165 | days following the date of the last such referendum; 133 | |
173 | 166 | Sec. 6. Subsections (a) and (b) of section 9-612 of the general statutes 134 | |
174 | 167 | are repealed and the following is substituted in lieu thereof (Effective 135 | |
175 | 168 | October 1, 2021): 136 | |
176 | 169 | (a) (1) No individual shall make a contribution or contributions in any 137 | |
177 | 170 | one calendar year in excess of ten thousand dollars to the state central 138 | |
178 | 171 | committee of any party, or for the benefit of such committee pursuant 139 | |
179 | 172 | to its authorization or request; or two thousand dollars to a town 140 | |
180 | 173 | committee of any political party, or for the benefit of such committee 141 | |
181 | 174 | pursuant to its authorization or request; or two thousand dollars to a 142 | |
182 | 175 | legislative caucus committee or legislative leadership committee; [,] or 143 | |
183 | 176 | one thousand dollars to any other political committee other than [(1)] 144 | |
184 | 177 | (A) a political committee formed solely to aid or promote the success or 145 | |
185 | 178 | defeat of a referendum question, [(2)] (B) an exploratory committee, [(3)] 146 | |
179 | + | LCO No. 4980 6 of 14 | |
180 | + | ||
186 | 181 | (C) a political committee established by an organization, or for the 147 | |
187 | - | benefit of such committee pursuant to its authorization or request, [or 148 Substitute Bill No. 6663 | |
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182 | + | benefit of such committee pursuant to its authorization or request, [or 148 | |
194 | 183 | (4)] (D) a political committee formed by a slate of candidates in a 149 | |
195 | 184 | primary for the office of justice of the peace of the same town, or (E) an 150 | |
196 | 185 | independent expenditure political committee. 151 | |
197 | 186 | (2) Notwithstanding the provisions of subdivision (1) of this 152 | |
198 | 187 | subsection and unless otherwise restricted or prohibited by law, an 153 | |
199 | 188 | individual may make contributions to an independent expenditure 154 | |
200 | 189 | political committee. 155 | |
201 | 190 | (b) (1) No individual shall make a contribution to a political 156 | |
202 | 191 | committee established by an organization which receives its funds from 157 | |
203 | 192 | the organization's treasury. With respect to a political committee 158 | |
204 | 193 | established by an organization which has complied with the provisions 159 | |
205 | 194 | of subsection (b) or (c) of section 9-614, as amended by this act, and has 160 | |
206 | 195 | elected to receive contributions, no individual other than a member of 161 | |
207 | 196 | the organization may make contributions to the committee, in which 162 | |
208 | 197 | case the individual may contribute not more than seven hundred fifty 163 | |
209 | 198 | dollars in any one calendar year to such committee or for the benefit of 164 | |
210 | 199 | such committee pursuant to its authorization or request. 165 | |
211 | 200 | (2) Notwithstanding the provisions of subdivision (1) of this 166 | |
212 | 201 | subsection and unless otherwise restricted or prohibited by law, an 167 | |
213 | 202 | individual may make contributions to an independent expenditure 168 | |
214 | 203 | political committee established by an organization. 169 | |
215 | 204 | Sec. 7. Section 9-613 of the general statutes is repealed and the 170 | |
216 | 205 | following is substituted in lieu thereof (Effective October 1, 2021): 171 | |
217 | - | (a) [No] A | |
218 | - | expenditures (1) to, | |
219 | - | for election to any | |
220 | - | for nomination at | |
221 | - | ||
222 | - | A business entity | |
223 | - | expenditures to promote the | |
224 | - | ||
206 | + | (a) [No] Except as provided in subsection (g) of this section, a 172 | |
207 | + | business entity shall not make any contributions or expenditures (1) to, 173 | |
208 | + | or for the benefit of, any candidate's campaign (A) for election to any 174 | |
209 | + | public office or position subject to this chapter, or (B) for nomination at 175 | |
210 | + | a primary for any such office or position, or (2) to promote the defeat of 176 | |
211 | + | any candidate for any such office or position. [No] A business entity 177 | |
212 | + | shall not make any other contributions or expenditures to promote the 178 | |
213 | + | LCO No. 4980 7 of 14 | |
225 | 214 | ||
215 | + | success or defeat of any political party. [, except as provided in 179 | |
216 | + | subsection (b) of this section. No] A business entity shall not establish 180 | |
217 | + | more than one political committee. A political committee shall be 181 | |
218 | + | deemed to have been established by a business entity if the initial 182 | |
219 | + | disbursement or contribution to the committee is made under 183 | |
220 | + | subsection (b) of this section or by an officer, director, owner, limited or 184 | |
221 | + | general partner or holder of stock constituting five per cent or more of 185 | |
222 | + | the total outstanding stock of any class of the business entity. 186 | |
223 | + | (b) A business entity may make reasonable and necessary transfers or 187 | |
224 | + | disbursements to or for the benefit of a political committee established 188 | |
225 | + | by such business entity, for the administration of, or solicitation of 189 | |
226 | + | contributions to, such political committee. Nonmonetary contributions 190 | |
227 | + | by a business entity which are incidental in nature and are directly 191 | |
228 | + | attributable to the administration of such political committee shall be 192 | |
229 | + | exempt from the reporting requirements of this chapter. 193 | |
230 | + | (c) The provisions of this section shall not preclude a business entity 194 | |
231 | + | from making contributions or expenditures to promote the success or 195 | |
232 | + | defeat of a referendum question. 196 | |
233 | + | (d) [A] Except as provided in subsection (g) of this section, a political 197 | |
234 | + | committee organized by a business entity shall not make a contribution 198 | |
235 | + | or contributions to or for the benefit of any candidate's campaign for 199 | |
236 | + | nomination at a primary or any candidate's campaign for election to the 200 | |
237 | + | office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 201 | |
238 | + | Governor, Secretary of the State, Treasurer, Comptroller or Attorney 202 | |
239 | + | General, in excess of three thousand dollars; (3) state senator, probate 203 | |
240 | + | judge or chief executive officer of a town, city or borough, in excess of 204 | |
241 | + | one thousand five hundred dollars; (4) state representative, in excess of 205 | |
242 | + | seven hundred fifty dollars; or (5) any other office of a municipality not 206 | |
243 | + | included in subdivision (3) of this subsection, in excess of three hundred 207 | |
244 | + | seventy-five dollars. The limits imposed by this subsection shall apply 208 | |
245 | + | separately to primaries and elections and contributions by any such 209 | |
246 | + | committee to candidates designated in this subsection shall not exceed 210 | |
247 | + | one hundred thousand dollars in the aggregate for any single election 211 | |
248 | + | LCO No. 4980 8 of 14 | |
226 | 249 | ||
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250 | + | and primary preliminary thereto. Contributions to such committees 212 | |
251 | + | shall also be subject to the provisions of section 9-618, as amended by 213 | |
252 | + | this act, in the case of committees formed for ongoing political activity 214 | |
253 | + | or section 9-619, as amended by this act, in the case of committees 215 | |
254 | + | formed for a single election or primary. 216 | |
255 | + | (e) [No] Except as provided in subsection (g) of this section, a political 217 | |
256 | + | committee organized by a business entity shall not make a contribution 218 | |
257 | + | or contributions to (1) a state central committee of a political party, in 219 | |
258 | + | excess of seven thousand five hundred dollars in any calendar year, (2) 220 | |
259 | + | a town committee of any political party, in excess of one thousand five 221 | |
260 | + | hundred dollars in any calendar year, (3) an exploratory committee in 222 | |
261 | + | excess of three hundred seventy-five dollars, or (4) any other kind of 223 | |
262 | + | political committee, in excess of two thousand dollars in any calendar 224 | |
263 | + | year. 225 | |
264 | + | (f) As used in this subsection, "investment services" means 226 | |
265 | + | investment legal services, investment banking services, investment 227 | |
266 | + | advisory services, underwriting services, financial advisory services or 228 | |
267 | + | brokerage firm services. [No] A political committee established by a 229 | |
268 | + | firm which provides investment services and to which the State 230 | |
269 | + | Treasurer pays compensation, expenses or fees or issues a contract shall 231 | |
270 | + | not make a contribution to, or solicit contributions on behalf of, an 232 | |
271 | + | exploratory committee or candidate committee established by a 233 | |
272 | + | candidate for nomination or election to the office of State Treasurer 234 | |
273 | + | during the term of office of the State Treasurer who does business with 235 | |
274 | + | such firm. 236 | |
275 | + | (g) (1) Notwithstanding the provisions of [this section, a corporation, 237 | |
276 | + | cooperative association, limited partnership, professional association, 238 | |
277 | + | limited liability company or limited liability partnership, whether 239 | |
278 | + | formed in this state or any other, acting alone,] subsections (a) to (f), 240 | |
279 | + | inclusive, of this section, a business entity may make independent 241 | |
280 | + | expenditures. 242 | |
281 | + | (2) An independent expenditure political committee organized by a 243 | |
282 | + | business entity shall not make any contribution unless such contribution 244 | |
283 | + | LCO No. 4980 9 of 14 | |
230 | 284 | ||
231 | - | entity shall not establish more than one political committee. A political 180 | |
232 | - | committee shall be deemed to have been established by a business entity 181 | |
233 | - | if the initial disbursement or contribution to the committee is made 182 | |
234 | - | under subsection (b) of this section or by an officer, director, owner, 183 | |
235 | - | limited or general partner or holder of stock constituting five per cent or 184 | |
236 | - | more of the total outstanding stock of any class of the business entity. 185 | |
237 | - | (b) A business entity may make reasonable and necessary transfers or 186 | |
238 | - | disbursements to or for the benefit of a political committee established 187 | |
239 | - | by such business entity, for the administration of, or solicitation of 188 | |
240 | - | contributions to, such political committee. Nonmonetary contributions 189 | |
241 | - | by a business entity which are incidental in nature and are directly 190 | |
242 | - | attributable to the administration of such political committee shall be 191 | |
243 | - | exempt from the reporting requirements of this chapter. 192 | |
244 | - | (c) The provisions of this section shall not preclude a business entity 193 | |
245 | - | from making contributions or expenditures to promote the success or 194 | |
246 | - | defeat of a referendum question. 195 | |
247 | - | (d) A political committee organized by a business entity shall not 196 | |
248 | - | make a contribution or contributions to or for the benefit of any 197 | |
249 | - | candidate's campaign for nomination at a primary or any candidate's 198 | |
250 | - | campaign for election to the office of: (1) Governor, in excess of five 199 | |
251 | - | thousand dollars; (2) Lieutenant Governor, Secretary of the State, 200 | |
252 | - | Treasurer, Comptroller or Attorney General, in excess of three thousand 201 | |
253 | - | dollars; (3) state senator, probate judge or chief executive officer of a 202 | |
254 | - | town, city or borough, in excess of one thousand five hundred dollars; 203 | |
255 | - | (4) state representative, in excess of seven hundred fifty dollars; or (5) 204 | |
256 | - | any other office of a municipality not included in subdivision (3) of this 205 | |
257 | - | subsection, in excess of three hundred seventy-five dollars. The limits 206 | |
258 | - | imposed by this subsection shall apply separately to primaries and 207 | |
259 | - | elections and contributions by any such committee to candidates 208 | |
260 | - | designated in this subsection shall not exceed one hundred thousand 209 | |
261 | - | dollars in the aggregate for any single election and primary preliminary 210 | |
262 | - | thereto. Contributions to such committees shall also be subject to the 211 | |
263 | - | provisions of section 9-618, as amended by this act, in the case of 212 Substitute Bill No. 6663 | |
285 | + | is to another independent expenditure political committee. 245 | |
286 | + | Sec. 8. Section 9-614 of the general statutes is repealed and the 246 | |
287 | + | following is substituted in lieu thereof (Effective October 1, 2021): 247 | |
288 | + | An organization may make contributions or expenditures, other than 248 | |
289 | + | [those made to promote] for the purposes of promoting the success or 249 | |
290 | + | defeat of a referendum question, only by first forming its own political 250 | |
291 | + | committee. [The] Unless such political committee is an independent 251 | |
292 | + | expenditure political committee, the political committee shall then be 252 | |
293 | + | authorized to (1) receive funds (A) exclusively from the organization's 253 | |
294 | + | treasury or from voluntary contributions made by its members, but not 254 | |
295 | + | both, (B) from another political committee, or [,] (C) from a candidate 255 | |
296 | + | committee distributing a surplus, and [(1) to] (2) make (A) contributions 256 | |
297 | + | or expenditures to, or for the benefit of, a candidate's campaign or a 257 | |
298 | + | political party, or [(2) to make] (B) contributions to another political 258 | |
299 | + | committee. [No] An organization shall not form more than one political 259 | |
300 | + | committee. A political committee shall be deemed to have been 260 | |
301 | + | established by an organization if the initial contribution to the 261 | |
302 | + | committee is made by the organization's treasury or an officer or 262 | |
303 | + | director of the organization. 263 | |
304 | + | (b) A political committee established by an organization may elect to 264 | |
305 | + | alter the manner in which it is funded if it complies with the 265 | |
306 | + | requirements of this subsection. The committee chairperson shall notify 266 | |
307 | + | the repository with which the committee's most recent statement of 267 | |
308 | + | organization is filed, in writing, of the committee's intent to alter its 268 | |
309 | + | manner of funding. [Within] Not later than fifteen days after the date of 269 | |
310 | + | receipt of such notification, the treasurer of such political committee 270 | |
311 | + | shall return any funds remaining in the account of the committee to the 271 | |
312 | + | organization's treasury after payment of each outstanding liability. 272 | |
313 | + | [Within] Not later than seven days after the distribution and payments 273 | |
314 | + | have been made, the treasurer shall file a statement with the same 274 | |
315 | + | repository itemizing each such distribution and payment. Upon such 275 | |
316 | + | filing, the treasurer may receive voluntary contributions from any 276 | |
317 | + | member of the organization which established such committee subject 277 | |
318 | + | LCO No. 4980 10 of 14 | |
264 | 319 | ||
320 | + | to the limitations imposed in subsection (b) of section 9-612, as amended 278 | |
321 | + | by this act. 279 | |
322 | + | (c) The chairperson of each political committee established by an 280 | |
323 | + | organization on or after July 1, 1985, shall designate the manner in 281 | |
324 | + | which the committee shall be funded in the committee's statement of 282 | |
325 | + | organization. 283 | |
326 | + | (d) Notwithstanding the provisions of [this section, an organization, 284 | |
327 | + | acting alone,] subsections (a) to (c), inclusive, of this section, an 285 | |
328 | + | organization may make independent expenditures and contributions to 286 | |
329 | + | an independent expenditure political committee. 287 | |
330 | + | Sec. 9. Section 9-615 of the general statutes is repealed and the 288 | |
331 | + | following is substituted in lieu thereof (Effective October 1, 2021): 289 | |
332 | + | (a) [No] A political committee established by an organization shall 290 | |
333 | + | not make a contribution or contributions to, or for the benefit of, any 291 | |
334 | + | candidate's campaign for nomination at a primary or for election to the 292 | |
335 | + | office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 293 | |
336 | + | Governor, Secretary of the State, Treasurer, Comptroller or Attorney 294 | |
337 | + | General, in excess of three thousand dollars; (3) chief executive officer 295 | |
338 | + | of a town, city or borough, in excess of one thousand five hundred 296 | |
339 | + | dollars; (4) state senator or probate judge, in excess of one thousand five 297 | |
340 | + | hundred dollars; (5) state representative, in excess of seven hundred 298 | |
341 | + | fifty dollars; or (6) any other office of a municipality not previously 299 | |
342 | + | included in this subsection, in excess of three hundred seventy-five 300 | |
343 | + | dollars. 301 | |
344 | + | (b) [No] Any such committee shall not make a contribution or 302 | |
345 | + | contributions to, or for the benefit of, an exploratory committee, in 303 | |
346 | + | excess of three hundred seventy-five dollars. Any such committee may 304 | |
347 | + | make unlimited contributions to a political committee formed solely to 305 | |
348 | + | aid or promote the success or defeat of a referendum question. 306 | |
349 | + | (c) The limits imposed by subsection (a) of this section shall apply 307 | |
350 | + | separately to primaries and elections and no such committee shall make 308 | |
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353 | + | contributions to the candidates designated in this section which in the 309 | |
354 | + | aggregate exceed fifty thousand dollars for any single election and 310 | |
355 | + | primary preliminary thereto. 311 | |
356 | + | (d) [No] Except as provided in subsection (f) of this section, a political 312 | |
357 | + | committee established by an organization shall not make contributions 313 | |
358 | + | in any one calendar year to, or for the benefit of, (1) the state central 314 | |
359 | + | committee of a political party, in excess of seven thousand five hundred 315 | |
360 | + | dollars; (2) a town committee, in excess of one thousand five hundred 316 | |
361 | + | dollars; or (3) any political committee, other than an exploratory 317 | |
362 | + | committee or a committee formed solely to aid or promote the success 318 | |
363 | + | or defeat of a referendum question, in excess of two thousand dollars. 319 | |
364 | + | (e) Contributions to a political committee established by an 320 | |
365 | + | organization for the purpose of making contributions shall be subject to 321 | |
366 | + | the provisions of section 9-618, as amended by this act, in the case of a 322 | |
367 | + | committee formed for ongoing political activity or section 9-619, as 323 | |
368 | + | amended by this act, in the case of a committee formed for a single 324 | |
369 | + | election or primary. 325 | |
370 | + | (f) An independent expenditure political committee established by an 326 | |
371 | + | organization shall not make any contribution unless such contribution 327 | |
372 | + | is to another independent expenditure political committee. 328 | |
373 | + | Sec. 10. Subsection (a) of section 9-618 of the general statutes is 329 | |
374 | + | repealed and the following is substituted in lieu thereof (Effective October 330 | |
375 | + | 1, 2021): 331 | |
376 | + | (a) (1) A political committee organized for ongoing political activities 332 | |
377 | + | may make unlimited contributions to, or for the benefit of, any national 333 | |
378 | + | committee of a political party [;] or a committee of a candidate for 334 | |
379 | + | federal or out-of-state office. Except as provided in subdivision (3) of 335 | |
380 | + | subsection (d) of this section, no such political committee shall make a 336 | |
381 | + | contribution or contributions in excess of two thousand dollars to 337 | |
382 | + | another political committee in any calendar year. No political committee 338 | |
383 | + | organized for ongoing political activities shall make a contribution in 339 | |
384 | + | excess of three hundred seventy-five dollars to an exploratory 340 | |
385 | + | LCO No. 4980 12 of 14 | |
269 | 386 | ||
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274 | - | ||
275 | - | ||
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387 | + | committee. If such an ongoing committee is established by an 341 | |
388 | + | organization or a business entity, its contributions shall be subject to the 342 | |
389 | + | limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 343 | |
390 | + | act. A political committee organized for ongoing political activities may 344 | |
391 | + | make [contributions] donations to a charitable organization which is a 345 | |
392 | + | tax-exempt organization under Section 501(c)(3) of the Internal Revenue 346 | |
393 | + | Code, as from time to time amended, or make memorial [contributions] 347 | |
394 | + | donations. 348 | |
395 | + | (2) An independent expenditure political committee organized for 349 | |
396 | + | ongoing political activities shall not make any contribution unless such 350 | |
397 | + | contribution is to another independent expenditure political committee. 351 | |
398 | + | Sec. 11. Subsection (a) of section 9-619 of the general statutes is 352 | |
399 | + | repealed and the following is substituted in lieu thereof (Effective October 353 | |
400 | + | 1, 2021): 354 | |
401 | + | (a) (1) No political committee established for a single primary or 355 | |
402 | + | election shall make contributions to a national committee, or a 356 | |
403 | + | committee of a candidate for federal or out-of-state office. If such a 357 | |
404 | + | political committee is established by an organization or a business 358 | |
405 | + | entity, its contributions shall also be subject to the limitations imposed 359 | |
406 | + | by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 360 | |
407 | + | provided in subdivision (2) of subsection (d) of this section, no political 361 | |
408 | + | committee formed for a single election or primary shall, with respect to 362 | |
409 | + | such election or primary make a contribution or contributions in excess 363 | |
410 | + | of two thousand dollars to another political committee, provided no 364 | |
411 | + | such political committee shall make a contribution in excess of three 365 | |
412 | + | hundred seventy-five dollars to an exploratory committee. 366 | |
413 | + | (2) An independent expenditure political committee established for a 367 | |
414 | + | single primary or election shall not make any contribution unless such 368 | |
415 | + | contribution is to another independent expenditure political committee. 369 | |
416 | + | Sec. 12. Section 9-620 of the general statutes is repealed and the 370 | |
417 | + | following is substituted in lieu thereof (Effective October 1, 2021): 371 | |
418 | + | LCO No. 4980 13 of 14 | |
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307 | - | ||
308 | - | following is substituted in lieu thereof (Effective October 1, 2021): 245 | |
309 | - | An organization may make contributions or expenditures, other than 246 | |
310 | - | [those made to promote] for the purposes of promoting the success or 247 | |
311 | - | defeat of a referendum question, only by first forming its own political 248 | |
312 | - | committee. [The] Unless such political committee is an independent 249 | |
313 | - | expenditure political committee, the political committee shall then be 250 | |
314 | - | authorized to (1) receive funds (A) exclusively from the organization's 251 | |
315 | - | treasury or from voluntary contributions made by its members, but not 252 | |
316 | - | both, (B) from another political committee, or [,] (C) from a candidate 253 | |
317 | - | committee distributing a surplus, and [(1) to] (2) make (A) contributions 254 | |
318 | - | or expenditures to, or for the benefit of, a candidate's campaign or a 255 | |
319 | - | political party, or [(2) to make] (B) contributions to another political 256 | |
320 | - | committee. [No] An organization shall not form more than one political 257 | |
321 | - | committee. A political committee shall be deemed to have been 258 | |
322 | - | established by an organization if the initial contribution to the 259 | |
323 | - | committee is made by the organization's treasury or an officer or 260 | |
324 | - | director of the organization. 261 | |
325 | - | (b) A political committee established by an organization may elect to 262 | |
326 | - | alter the manner in which it is funded if it complies with the 263 | |
327 | - | requirements of this subsection. The committee chairperson shall notify 264 | |
328 | - | the repository with which the committee's most recent statement of 265 | |
329 | - | organization is filed, in writing, of the committee's intent to alter its 266 | |
330 | - | manner of funding. [Within] Not later than fifteen days after the date of 267 | |
331 | - | receipt of such notification, the treasurer of such political committee 268 | |
332 | - | shall return any funds remaining in the account of the committee to the 269 | |
333 | - | organization's treasury after payment of each outstanding liability. 270 | |
334 | - | [Within] Not later than seven days after the distribution and payments 271 | |
335 | - | have been made, the treasurer shall file a statement with the same 272 | |
336 | - | repository itemizing each such distribution and payment. Upon such 273 | |
337 | - | filing, the treasurer may receive voluntary contributions from any 274 | |
338 | - | member of the organization which established such committee subject 275 | |
339 | - | to the limitations imposed in subsection (b) of section 9-612, as amended 276 | |
340 | - | by this act. 277 Substitute Bill No. 6663 | |
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346 | - | ||
347 | - | (c) The chairperson of each political committee established by an 278 | |
348 | - | organization on or after July 1, 1985, shall designate the manner in 279 | |
349 | - | which the committee shall be funded in the committee's statement of 280 | |
350 | - | organization. 281 | |
351 | - | (d) Notwithstanding the provisions of [this section, an organization, 282 | |
352 | - | acting alone,] subsections (a) to (c), inclusive, of this section, an 283 | |
353 | - | organization may make independent expenditures and contributions to 284 | |
354 | - | an independent expenditure political committee. 285 | |
355 | - | Sec. 9. Section 9-615 of the general statutes is repealed and the 286 | |
356 | - | following is substituted in lieu thereof (Effective October 1, 2021): 287 | |
357 | - | (a) [No] A political committee established by an organization shall 288 | |
358 | - | not make a contribution or contributions to, or for the benefit of, any 289 | |
359 | - | candidate's campaign for nomination at a primary or for election to the 290 | |
360 | - | office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 291 | |
361 | - | Governor, Secretary of the State, Treasurer, Comptroller or Attorney 292 | |
362 | - | General, in excess of three thousand dollars; (3) chief executive officer 293 | |
363 | - | of a town, city or borough, in excess of one thousand five hundred 294 | |
364 | - | dollars; (4) state senator or probate judge, in excess of one thousand five 295 | |
365 | - | hundred dollars; (5) state representative, in excess of seven hundred 296 | |
366 | - | fifty dollars; or (6) any other office of a municipality not previously 297 | |
367 | - | included in this subsection, in excess of three hundred seventy-five 298 | |
368 | - | dollars. 299 | |
369 | - | (b) [No] Any such committee shall not make a contribution or 300 | |
370 | - | contributions to, or for the benefit of, an exploratory committee, in 301 | |
371 | - | excess of three hundred seventy-five dollars. Any such committee may 302 | |
372 | - | make unlimited contributions to a political committee formed solely to 303 | |
373 | - | aid or promote the success or defeat of a referendum question. 304 | |
374 | - | (c) The limits imposed by subsection (a) of this section shall apply 305 | |
375 | - | separately to primaries and elections and no such committee shall make 306 | |
376 | - | contributions to the candidates designated in this section which in the 307 | |
377 | - | aggregate exceed fifty thousand dollars for any single election and 308 Substitute Bill No. 6663 | |
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383 | - | ||
384 | - | primary preliminary thereto. 309 | |
385 | - | (d) [No] Except as provided in subsection (f) of this section, a political 310 | |
386 | - | committee established by an organization shall not make contributions 311 | |
387 | - | in any one calendar year to, or for the benefit of, (1) the state central 312 | |
388 | - | committee of a political party, in excess of seven thousand five hundred 313 | |
389 | - | dollars; (2) a town committee, in excess of one thousand five hundred 314 | |
390 | - | dollars; or (3) any political committee, other than an exploratory 315 | |
391 | - | committee or a committee formed solely to aid or promote the success 316 | |
392 | - | or defeat of a referendum question, in excess of two thousand dollars. 317 | |
393 | - | (e) Contributions to a political committee established by an 318 | |
394 | - | organization for the purpose of making contributions shall be subject to 319 | |
395 | - | the provisions of section 9-618, as amended by this act, in the case of a 320 | |
396 | - | committee formed for ongoing political activity or section 9-619, as 321 | |
397 | - | amended by this act, in the case of a committee formed for a single 322 | |
398 | - | election or primary. 323 | |
399 | - | (f) An independent expenditure political committee established by an 324 | |
400 | - | organization shall not make any contribution unless such contribution 325 | |
401 | - | is to another independent expenditure political committee. 326 | |
402 | - | Sec. 10. Subsection (a) of section 9-618 of the general statutes is 327 | |
403 | - | repealed and the following is substituted in lieu thereof (Effective October 328 | |
404 | - | 1, 2021): 329 | |
405 | - | (a) (1) A political committee organized for ongoing political activities 330 | |
406 | - | may make unlimited contributions to, or for the benefit of, any national 331 | |
407 | - | committee of a political party [;] or a committee of a candidate for 332 | |
408 | - | federal or out-of-state office. Except as provided in subdivision (3) of 333 | |
409 | - | subsection (d) of this section, no such political committee shall make a 334 | |
410 | - | contribution or contributions in excess of two thousand dollars to 335 | |
411 | - | another political committee in any calendar year. No political committee 336 | |
412 | - | organized for ongoing political activities shall make a contribution in 337 | |
413 | - | excess of three hundred seventy-five dollars to an exploratory 338 | |
414 | - | committee. If such an ongoing committee is established by an 339 Substitute Bill No. 6663 | |
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420 | - | ||
421 | - | organization or a business entity, its contributions shall be subject to the 340 | |
422 | - | limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 341 | |
423 | - | act. A political committee organized for ongoing political activities may 342 | |
424 | - | make [contributions] donations to a charitable organization which is a 343 | |
425 | - | tax-exempt organization under Section 501(c)(3) of the Internal Revenue 344 | |
426 | - | Code, as from time to time amended, or make memorial [contributions] 345 | |
427 | - | donations. 346 | |
428 | - | (2) An independent expenditure political committee organized for 347 | |
429 | - | ongoing political activities shall not make any contribution unless such 348 | |
430 | - | contribution is to another independent expenditure political committee. 349 | |
431 | - | Sec. 11. Subsection (a) of section 9-619 of the general statutes is 350 | |
432 | - | repealed and the following is substituted in lieu thereof (Effective October 351 | |
433 | - | 1, 2021): 352 | |
434 | - | (a) (1) No political committee established for a single primary or 353 | |
435 | - | election shall make contributions to a national committee, or a 354 | |
436 | - | committee of a candidate for federal or out-of-state office. If such a 355 | |
437 | - | political committee is established by an organization or a business 356 | |
438 | - | entity, its contributions shall also be subject to the limitations imposed 357 | |
439 | - | by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 358 | |
440 | - | provided in subdivision (2) of subsection (d) of this section, no political 359 | |
441 | - | committee formed for a single election or primary shall, with respect to 360 | |
442 | - | such election or primary make a contribution or contributions in excess 361 | |
443 | - | of two thousand dollars to another political committee, provided no 362 | |
444 | - | such political committee shall make a contribution in excess of three 363 | |
445 | - | hundred seventy-five dollars to an exploratory committee. 364 | |
446 | - | (2) An independent expenditure political committee established for a 365 | |
447 | - | single primary or election shall not make any contribution unless such 366 | |
448 | - | contribution is to another independent expenditure political committee. 367 | |
449 | - | Sec. 12. Section 9-620 of the general statutes is repealed and the 368 | |
450 | - | following is substituted in lieu thereof (Effective October 1, 2021): 369 | |
451 | - | (a) A political committee formed solely to aid or promote the success 370 Substitute Bill No. 6663 | |
452 | - | ||
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457 | - | ||
458 | - | or defeat of a referendum question shall not make contributions to, or 371 | |
459 | - | for the benefit of, a party committee, a political committee, a national 372 | |
460 | - | committee, a committee of a candidate for federal or out-of-state office 373 | |
461 | - | or a candidate committee, except in the distribution of a surplus, as 374 | |
462 | - | provided in subsection (e) of section 9-608, as amended by this act. 375 | |
463 | - | (b) A political committee formed solely to aid or promote the success 376 | |
464 | - | or defeat of a referendum question shall not receive contributions from 377 | |
465 | - | a national committee or from a committee of a candidate for federal or 378 | |
466 | - | out-of-state office. 379 | |
467 | - | (c) [No] A person, other than an individual or a committee, shall not 380 | |
468 | - | make a contribution to a political committee formed solely to aid or 381 | |
469 | - | promote the success or defeat of a referendum question, or to any other 382 | |
470 | - | person, to aid or promote the success or defeat of a referendum question, 383 | |
471 | - | in excess of ten cents for each individual residing in the state or political 384 | |
472 | - | subdivision thereof in which such referendum question is to be voted 385 | |
473 | - | upon, in accordance with the last federal decennial census. 386 | |
474 | - | (d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 387 | |
475 | - | of this section, an independent expenditure political committee formed 388 | |
476 | - | solely to aid or promote the success or defeat of a referendum question 389 | |
477 | - | shall not make any contribution unless such contribution is made to 390 | |
478 | - | another independent expenditure political committee. Unless otherwise 391 | |
479 | - | restricted or prohibited by law, an independent expenditure political 392 | |
480 | - | committee formed solely to aid or promote the success or defeat of a 393 | |
481 | - | referendum question may accept contributions from an entity. 394 | |
420 | + | (a) A political committee formed solely to aid or promote the success 372 | |
421 | + | or defeat of a referendum question shall not make contributions to, or 373 | |
422 | + | for the benefit of, a party committee, a political committee, a national 374 | |
423 | + | committee, a committee of a candidate for federal or out-of-state office 375 | |
424 | + | or a candidate committee, except in the distribution of a surplus, as 376 | |
425 | + | provided in subsection (e) of section 9-608, as amended by this act. 377 | |
426 | + | (b) A political committee formed solely to aid or promote the success 378 | |
427 | + | or defeat of a referendum question shall not receive contributions from 379 | |
428 | + | a national committee or from a committee of a candidate for federal or 380 | |
429 | + | out-of-state office. 381 | |
430 | + | (c) [No] A person, other than an individual or a committee, shall not 382 | |
431 | + | make a contribution to a political committee formed solely to aid or 383 | |
432 | + | promote the success or defeat of a referendum question, or to any other 384 | |
433 | + | person, to aid or promote the success or defeat of a referendum question, 385 | |
434 | + | in excess of ten cents for each individual residing in the state or political 386 | |
435 | + | subdivision thereof in which such referendum question is to be voted 387 | |
436 | + | upon, in accordance with the last federal decennial census. 388 | |
437 | + | (d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 389 | |
438 | + | of this section, an independent expenditure political committee formed 390 | |
439 | + | solely to aid or promote the success or defeat of a referendum question 391 | |
440 | + | shall not make any contribution unless such contribution is made to 392 | |
441 | + | another independent expenditure political committee. Unless otherwise 393 | |
442 | + | restricted or prohibited by law, an independent expenditure political 394 | |
443 | + | committee formed solely to aid or promote the success or defeat of a 395 | |
444 | + | referendum question may accept contributions from an entity. 396 | |
482 | 445 | This act shall take effect as follows and shall amend the following | |
483 | 446 | sections: | |
484 | 447 | ||
485 | 448 | Section 1 October 1, 2021 9-611 | |
486 | 449 | Sec. 2 October 1, 2021 9-601 | |
487 | 450 | Sec. 3 October 1, 2021 9-601(3) | |
488 | 451 | Sec. 4 October 1, 2021 9-607(g)(1) | |
489 | 452 | Sec. 5 October 1, 2021 9-608(e)(1)(C) | |
490 | - | Sec. 6 October 1, 2021 9-612(a) and (b) Substitute Bill No. 6663 | |
491 | - | ||
492 | - | ||
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495 | - | 14 of 14 | |
453 | + | Sec. 6 October 1, 2021 9-612(a) and (b) | |
454 | + | LCO No. 4980 14 of 14 | |
496 | 455 | ||
497 | 456 | Sec. 7 October 1, 2021 9-613 | |
498 | 457 | Sec. 8 October 1, 2021 9-614 | |
499 | 458 | Sec. 9 October 1, 2021 9-615 | |
500 | 459 | Sec. 10 October 1, 2021 9-618(a) | |
501 | 460 | Sec. 11 October 1, 2021 9-619(a) | |
502 | 461 | Sec. 12 October 1, 2021 9-620 | |
503 | 462 | ||
504 | - | Statement of Legislative Commissioners: | |
505 | - | In Section 7(a), (d) and (e), "Except as provided in subsection (g) of this | |
506 | - | section" was deleted for clarity because the existing notwithstanding | |
507 | - | provision at Subsec. (g) makes such deleted language unnecessary; and | |
508 | - | in Section 7(g), the language was restructured for accuracy and clarity. | |
509 | - | ||
510 | - | GAE Joint Favorable Subst. -LCO | |
463 | + | Statement of Purpose: | |
464 | + | To implement federal court rulings regarding independent expenditure | |
465 | + | political committees and aggregate contribution limits for individuals. | |
466 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except | |
467 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not | |
468 | + | underlined.] | |
511 | 469 |