41 | | - | or committee is required to file a report or statement accounting for any 19 |
---|
42 | | - | expenditure to such consultant or any subvendor for such consultant. 20 |
---|
43 | | - | Sec. 2. Section 9-622 of the general statutes is repealed and the 21 |
---|
44 | | - | following is substituted in lieu thereof (Effective from passage): 22 |
---|
45 | | - | The following persons shall be guilty of illegal practices and shall be 23 |
---|
46 | | - | punished in accordance with the provisions of section 9-623: 24 |
---|
47 | | - | (1) Any person who, directly or indirectly, individually or by another 25 |
---|
48 | | - | person, gives or offers or promises to any person any money, gift, 26 |
---|
49 | | - | advantage, preferment, entertainment, aid, emolument or other 27 |
---|
50 | | - | valuable thing for the purpose of inducing or procuring any person to 28 |
---|
51 | | - | sign a nominating, primary or referendum petition or to vote or refrain 29 |
---|
52 | | - | from voting for or against any person or for or against any measure at 30 |
---|
53 | | - | any election, caucus, convention, primary or referendum; 31 |
---|
54 | | - | (2) Any person who, directly or indirectly, receives, accepts, requests 32 |
---|
55 | | - | or solicits from any person, committee, association, organization or 33 |
---|
56 | | - | corporation, any money, gift, advantage, preferment, aid, emolument or 34 |
---|
57 | | - | other valuable thing for the purpose of inducing or procuring any 35 |
---|
58 | | - | person to sign a nominating, primary or referendum petition or to vote 36 |
---|
59 | | - | or refrain from voting for or against any person or for or against any 37 |
---|
60 | | - | measure at any such election, caucus, primary or referendum; 38 |
---|
61 | | - | (3) Any person who, in consideration of any money, gift, advantage, 39 |
---|
62 | | - | preferment, aid, emolument or other valuable thing paid, received, 40 |
---|
63 | | - | accepted or promised to the person's advantage or any other person's 41 |
---|
64 | | - | advantage, votes or refrains from voting for or against any person or for 42 |
---|
65 | | - | or against any measure at any such election, caucus, primary or 43 |
---|
66 | | - | referendum; 44 |
---|
67 | | - | (4) Any person who solicits from any candidate any money, gift, 45 |
---|
68 | | - | contribution, emolument or other valuable thing for the purpose of 46 |
---|
69 | | - | using the same for the support, assistance, benefit or expenses of any 47 |
---|
70 | | - | club, company or organization, or for the purpose of defraying the cost 48 |
---|
71 | | - | or expenses of any political campaign, primary, referendum or election; 49 Substitute Bill No. 5455 |
---|
| 141 | + | to section 9-601d or 9-608, as applicable, which complete information is 108 |
---|
| 142 | + | necessary for such committee or person to file such report or statement; 109 |
---|
| 143 | + | or 110 |
---|
| 144 | + | (18) Any consultant that (A) except for such consultant's overhead or 111 |
---|
| 145 | + | normal operating expenses, makes or obligates to make an expenditure, 112 |
---|
| 146 | + | or directly or indirectly authorizes any subvendor to make or obligate 113 |
---|
| 147 | + | to make such an expenditure, on behalf of a candidate, committee or 114 |
---|
| 148 | + | other person, and (B) does so without the knowledge of such candidate, 115 |
---|
| 149 | + | committee or other person. 116 |
---|
| 150 | + | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 117 |
---|
| 151 | + | "consultant", "candidate", "committee", "expenditure", "subvendor" and 118 |
---|
| 152 | + | "person" have the same meanings as provided in section 9-601 of the 119 |
---|
| 153 | + | general statutes, as amended by this act. 120 |
---|
| 154 | + | (b) (1) A consultant that receives or agrees to receive payment from a 121 |
---|
| 155 | + | candidate or committee and that makes or obligates to make any 122 |
---|
| 156 | + | expenditure, including any payment, to a subvendor for or on behalf of 123 |
---|
| 157 | + | a person or committee required to file a report or statement pursuant to 124 |
---|
| 158 | + | section 9-601d or 9-608 of the general statutes, as applicable, shall, not 125 |
---|
| 159 | + | later than five days after making or obligating to make such 126 |
---|
| 160 | + | expenditure, provide such person or committee with detailed 127 |
---|
| 161 | + | information of such expenditure, including, but not limited to: 128 |
---|
| 162 | + | (A) The amount and date of such expenditure and the name of the 129 |
---|
| 163 | + | individual who received such payment; 130 |
---|
| 164 | + | (B) The full name and street address of such subvendor; 131 |
---|
| 165 | + | (C) A description of the purpose of such payment; 132 |
---|
| 166 | + | (D) The name of any candidate or text of any referendum question 133 |
---|
| 167 | + | supported or opposed by such expenditure; and 134 |
---|
| 168 | + | (E) If applicable, the date of any event with which such payment is 135 |
---|
| 169 | + | associated, including, but not limited to, any expenditure directly or 136 |
---|
| 170 | + | indirectly made by a consultant to a subvendor for such event for any 137 |
---|
| 171 | + | LCO No. 2879 6 of 8 |
---|
78 | | - | (5) Any person who, directly or indirectly, pays, gives, contributes or 50 |
---|
79 | | - | promises any money or other valuable thing to defray or towards 51 |
---|
80 | | - | defraying the cost or expenses of any campaign, primary, referendum 52 |
---|
81 | | - | or election to any person, committee, company, club, organization or 53 |
---|
82 | | - | association, other than to a treasurer, except that this subdivision shall 54 |
---|
83 | | - | not apply to any expenses for postage, telegrams, telephoning, 55 |
---|
84 | | - | stationery, express charges, traveling, meals, lodging or photocopying 56 |
---|
85 | | - | incurred by any candidate for office or for nomination to office, so far as 57 |
---|
86 | | - | may be permitted under the provisions of this chapter; 58 |
---|
87 | | - | (6) Any person who, in order to secure or promote the person's own 59 |
---|
88 | | - | nomination or election as a candidate, or that of any other person, 60 |
---|
89 | | - | directly or indirectly, promises to appoint, or promises to secure or 61 |
---|
90 | | - | assist in securing the appointment, nomination or election of any other 62 |
---|
91 | | - | person to any public position, or to any position of honor, trust or 63 |
---|
92 | | - | emolument; but any person may publicly announce the person's own 64 |
---|
93 | | - | choice or purpose in relation to any appointment, nomination or 65 |
---|
94 | | - | election in which the person may be called to take part, if the person is 66 |
---|
95 | | - | nominated for or elected to such office; 67 |
---|
96 | | - | (7) Any person who, directly or indirectly, individually or through 68 |
---|
97 | | - | another person, makes a payment or promise of payment to a treasurer 69 |
---|
98 | | - | in a name other than the person's own, and any treasurer who 70 |
---|
99 | | - | knowingly receives a payment or promise of payment, or enters or 71 |
---|
100 | | - | causes the same to be entered in the person's accounts in any other name 72 |
---|
101 | | - | than that of the person by whom such payment or promise of payment 73 |
---|
102 | | - | is made; 74 |
---|
103 | | - | (8) Any person who knowingly and wilfully violates any provision 75 |
---|
104 | | - | of this chapter; 76 |
---|
105 | | - | (9) Any person who offers or receives a cash contribution in excess of 77 |
---|
106 | | - | one hundred dollars to promote the success or defeat of any political 78 |
---|
107 | | - | party, candidate or referendum question; 79 |
---|
108 | | - | (10) Any person who solicits, makes or receives a contribution that is 80 Substitute Bill No. 5455 |
---|
109 | | - | |
---|
110 | | - | |
---|
111 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05455- |
---|
112 | | - | R01-HB.docx } |
---|
113 | | - | 4 of 8 |
---|
114 | | - | |
---|
115 | | - | otherwise prohibited by any provision of this chapter; 81 |
---|
116 | | - | (11) Any department head or deputy department head of a state 82 |
---|
117 | | - | department who solicits a contribution on behalf of, or for the benefit of, 83 |
---|
118 | | - | any candidate for state, district or municipal office or any political party; 84 |
---|
119 | | - | (12) Any municipal employee who solicits a contribution on behalf 85 |
---|
120 | | - | of, or for the benefit of, any candidate for state, district or municipal 86 |
---|
121 | | - | office, any political committee or any political party, from (A) an 87 |
---|
122 | | - | individual under the supervision of such employee, or (B) the spouse or 88 |
---|
123 | | - | a dependent child of such individual; 89 |
---|
124 | | - | (13) Any person who makes an expenditure, that is not an 90 |
---|
125 | | - | independent expenditure, for a candidate without the knowledge of 91 |
---|
126 | | - | such candidate. No candidate shall be civilly or criminally liable with 92 |
---|
127 | | - | regard to any such expenditure; 93 |
---|
128 | | - | (14) Any chief of staff of a legislative caucus who solicits a 94 |
---|
129 | | - | contribution on behalf of or for the benefit of any candidate for state, 95 |
---|
130 | | - | district or municipal office from an employee of the legislative caucus; 96 |
---|
131 | | - | (15) Any chief of staff for a state-wide elected official who solicits a 97 |
---|
132 | | - | contribution on behalf of or for the benefit of any candidate for state, 98 |
---|
133 | | - | district or municipal office from a member of such official's staff; [or] 99 |
---|
134 | | - | (16) Any chief of staff for the Governor or Lieutenant Governor who 100 |
---|
135 | | - | solicits a contribution on behalf of or for the benefit of any candidate for 101 |
---|
136 | | - | state, district or municipal office from a member of the staff of the 102 |
---|
137 | | - | Governor or Lieutenant Governor, or from any commissioner or deputy 103 |
---|
138 | | - | commissioner of any state agency; 104 |
---|
139 | | - | (17) Any consultant that fails to provide complete information to a 105 |
---|
140 | | - | person or committee required to file any report or statement pursuant 106 |
---|
141 | | - | to section 9-601d or 9-608, as applicable, which complete information is 107 |
---|
142 | | - | necessary for such person or committee to file such report or statement; 108 |
---|
143 | | - | or 109 Substitute Bill No. 5455 |
---|
144 | | - | |
---|
145 | | - | |
---|
146 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05455- |
---|
147 | | - | R01-HB.docx } |
---|
148 | | - | 5 of 8 |
---|
149 | | - | |
---|
150 | | - | (18) Any consultant that (A) except for such consultant's overhead or 110 |
---|
151 | | - | normal operating expenses, makes or obligates to make an expenditure, 111 |
---|
152 | | - | or directly or indirectly authorizes any subvendor to make or obligate 112 |
---|
153 | | - | to make such an expenditure, on behalf of a candidate, committee or 113 |
---|
154 | | - | other person, and (B) does so without the knowledge of such candidate, 114 |
---|
155 | | - | committee or other person. 115 |
---|
156 | | - | Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 116 |
---|
157 | | - | "consultant", "candidate", "committee", "expenditure", "subvendor" and 117 |
---|
158 | | - | "person" have the same meanings as provided in section 9-601 of the 118 |
---|
159 | | - | general statutes, as amended by this act. 119 |
---|
160 | | - | (b) (1) A consultant that receives or agrees to receive payment from a 120 |
---|
161 | | - | candidate or committee and that makes or obligates to make any 121 |
---|
162 | | - | expenditure, including any payment, to a subvendor for or on behalf of 122 |
---|
163 | | - | a person or committee required to file a report or statement pursuant to 123 |
---|
164 | | - | section 9-601d or 9-608 of the general statutes, as applicable, shall, not 124 |
---|
165 | | - | later than five days after making or obligating to make such 125 |
---|
166 | | - | expenditure, provide such person or committee with detailed 126 |
---|
167 | | - | information of such expenditure, including, but not limited to: 127 |
---|
168 | | - | (A) The amount and date of such expenditure and the name of the 128 |
---|
169 | | - | individual who received such payment; 129 |
---|
170 | | - | (B) The full name and street address of such subvendor; 130 |
---|
171 | | - | (C) A description of the purpose of such payment; 131 |
---|
172 | | - | (D) The name of any candidate or text of any referendum question 132 |
---|
173 | | - | supported or opposed by such expenditure; and 133 |
---|
174 | | - | (E) If applicable, the date of any event with which such payment is 134 |
---|
175 | | - | associated, including, but not limited to, any expenditure directly or 135 |
---|
176 | | - | indirectly made by a consultant to a subvendor for such event for any 136 |
---|
177 | | - | (i) written, typed or other printed communication, or any web-based 137 |
---|
178 | | - | written communication, that (I) promotes the success or defeat of any 138 |
---|
179 | | - | candidate's campaign for nomination or election or any referendum 139 Substitute Bill No. 5455 |
---|
180 | | - | |
---|
181 | | - | |
---|
182 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05455- |
---|
183 | | - | R01-HB.docx } |
---|
184 | | - | 6 of 8 |
---|
185 | | - | |
---|
186 | | - | question, or (II) solicits funds to benefit any candidate or committee, (ii) 140 |
---|
187 | | - | advertising time or space, including, but not limited to, television or 141 |
---|
188 | | - | Internet video, radio or Internet audio, telephone call or web-based or 142 |
---|
189 | | - | social media communication, (iii) wages incurred as a result of work for 143 |
---|
190 | | - | any candidate or committee, (iv) survey, poll, signature gathering or 144 |
---|
191 | | - | door-to-door solicitation of voters, (v) facilities, invitations or 145 |
---|
192 | | - | entertainment for fundraising or other campaign events, or (vi) printing 146 |
---|
193 | | - | of mass campaign mailings or postage for such mailings. 147 |
---|
194 | | - | (2) Notwithstanding the provisions of subdivision (1) of this 148 |
---|
195 | | - | subsection, if a consultant makes or obligates to make payment for an 149 |
---|
196 | | - | expenditure for which a person or committee is required to file a report 150 |
---|
197 | | - | or statement pursuant to section 9-601d or 9-608 of the general statutes, 151 |
---|
198 | | - | as applicable, such consultant shall, concomitant with making or 152 |
---|
199 | | - | obligating to make such payment, provide such person or committee 153 |
---|
200 | | - | with complete information necessary to file such report or statement. 154 |
---|
201 | | - | (c) (1) Any person or committee that makes or obligates to make 155 |
---|
202 | | - | payment for an expenditure to a consultant, which consultant is 156 |
---|
203 | | - | required to provide such person or committee with the information 157 |
---|
204 | | - | described in subsection (b) of this section, shall include in any report or 158 |
---|
205 | | - | statement required to be filed by such person or committee pursuant to 159 |
---|
206 | | - | section 9-601d or 9-608 of the general statutes, as applicable, (A) the full 160 |
---|
207 | | - | name and street address of each subvendor to which payment was made 161 |
---|
208 | | - | or obligated to be made during the period covered by such filing, (B) the 162 |
---|
209 | | - | amount and date of such payment, (C) a description of the purpose of 163 |
---|
210 | | - | such payment, (D) the name of any candidate or text of any referendum 164 |
---|
211 | | - | question supported or opposed by such expenditure, and (E) if 165 |
---|
212 | | - | applicable, the date of any event with which such payment is associated. 166 |
---|
213 | | - | The contents of such report or statement shall include any other 167 |
---|
214 | | - | information that the State Elections Enforcement Commission may 168 |
---|
215 | | - | require to facilitate compliance with the provisions of chapters 155 to 169 |
---|
216 | | - | 157, inclusive, of the general statutes, and shall be submitted on a form 170 |
---|
217 | | - | prescribed by the commission. 171 |
---|
218 | | - | (2) Except for such consultant's overhead or normal operating 172 Substitute Bill No. 5455 |
---|
219 | | - | |
---|
220 | | - | |
---|
221 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05455- |
---|
222 | | - | R01-HB.docx } |
---|
223 | | - | 7 of 8 |
---|
224 | | - | |
---|
225 | | - | expenses, a consultant shall not make any expenditure for or on behalf 173 |
---|
226 | | - | of a candidate or committee, including, but not limited to, any 174 |
---|
227 | | - | expenditure described in subdivision (1) of subsection (b) of this section, 175 |
---|
228 | | - | unless complete information of such expenditure is provided to the 176 |
---|
229 | | - | person required to file a report or statement pursuant to section 9-601d 177 |
---|
230 | | - | or 9-608 of the general statutes, as applicable, or the committee on whose 178 |
---|
231 | | - | behalf or for whose benefit such consultant is acting. 179 |
---|
232 | | - | (d) Each consultant shall keep detailed information of each 180 |
---|
233 | | - | expenditure made or obligated to be made for or on behalf of any person 181 |
---|
234 | | - | or committee required to file a report or statement pursuant to section 182 |
---|
235 | | - | 9-601d or 9-608 of the general statutes, as applicable, and shall retain all 183 |
---|
236 | | - | records of each transaction required to be included in any report or 184 |
---|
237 | | - | statement filed pursuant to section 9-601d or 9-608 of the general 185 |
---|
238 | | - | statutes, as applicable, for a period of four years after the date of the 186 |
---|
239 | | - | report or statement in which such transaction was included. Such 187 |
---|
240 | | - | records shall include, but need not be limited to, any invoice, receipt, 188 |
---|
241 | | - | bill, financial statement, itinerary or other written or documentary 189 |
---|
242 | | - | evidence showing the campaign or other lawful purpose of such 190 |
---|
243 | | - | expenditure. 191 |
---|
244 | | - | (e) If a subvendor makes or obligates to make any payment described 192 |
---|
245 | | - | in subsection (b) of this section, such subvendor shall be deemed a 193 |
---|
246 | | - | consultant and shall comply with the requirements set forth in this 194 |
---|
247 | | - | section for a consultant. 195 |
---|
248 | | - | (f) Notwithstanding the provisions of subsections (a) to (e), inclusive, 196 |
---|
249 | | - | of this section, a financial obligation shall not be made or incurred for or 197 |
---|
250 | | - | on behalf of a committee unless authorized by the treasurer of such 198 |
---|
251 | | - | committee pursuant to section 9-607 of the general statutes. 199 |
---|
252 | | - | Sec. 4. (NEW) (Effective from passage) If the treasurer of the candidate 200 |
---|
253 | | - | committee of a participating candidate, as described in section 9-703 of 201 |
---|
254 | | - | the general statutes, spends or obligates to spend fifteen per cent or 202 |
---|
255 | | - | more, in the aggregate, of the moneys received from the Citizens' 203 |
---|
256 | | - | Election Fund on the services of a consultant or other professional 204 Substitute Bill No. 5455 |
---|
257 | | - | |
---|
258 | | - | |
---|
259 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05455- |
---|
260 | | - | R01-HB.docx } |
---|
261 | | - | 8 of 8 |
---|
262 | | - | |
---|
263 | | - | person as provided in subparagraph (P) of subdivision (2) of subsection 205 |
---|
264 | | - | (g) of section 9-607 of the general statutes, such consultant or 206 |
---|
265 | | - | professional person shall register as such with the State Elections 207 |
---|
266 | | - | Enforcement Commission for the candidate committee and file an 208 |
---|
267 | | - | affidavit with the commission. The affidavit shall include written 209 |
---|
268 | | - | certifications that the consultant or professional person intends to (1) 210 |
---|
269 | | - | comply with the provisions of chapters 155 and 157 of the general 211 |
---|
270 | | - | statutes, (2) maintain and furnish all required records in accordance 212 |
---|
271 | | - | with the provisions of said chapters and regulations adopted by the 213 |
---|
272 | | - | commission pursuant to said chapters, and (3) expend all moneys for or 214 |
---|
273 | | - | on behalf of such candidate committee in accordance with the 215 |
---|
274 | | - | provisions of subsection (g) of section 9-607 of the general statutes and 216 |
---|
| 243 | + | more, in the aggregate, of the moneys received from the Citizens' 204 |
---|
| 244 | + | Election Fund on the services of a consultant or other professional 205 |
---|
| 245 | + | person as provided in subparagraph (P) of subdivision (2) of subsection 206 |
---|
| 246 | + | (g) of section 9-607, such consultant or professional person shall register 207 |
---|
| 247 | + | as such with the State Elections Enforcement Commission for the 208 |
---|
| 248 | + | candidate committee and file an affidavit with the commission. The 209 |
---|
| 249 | + | affidavit shall include written certifications that the consultant or 210 |
---|
| 250 | + | professional person intends to (1) comply with the provisions of 211 |
---|
| 251 | + | chapters 155 and 157 of the general statutes, (2) maintain and furnish all 212 |
---|
| 252 | + | required records in accordance with the provisions of said chapters and 213 |
---|
| 253 | + | regulations adopted by the commission pursuant to said chapters, and 214 |
---|
| 254 | + | (3) expend all moneys for or on behalf of such candidate committee in 215 |
---|
| 255 | + | accordance with the provisions of subsection (g) of section 9-607 and 216 |
---|