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General Assembly Substitute Bill No. 5455
February Session, 2022
AN ACT CONCERNING CAMPAIGN CONSULTANTS AND
DISCLOSURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 9-601 of the 2022 supplement to the general statutes 1
is amended by adding subdivisions (33) and (34) as follows (Effective 2
from passage): 3
(NEW) (33) "Consultant" means any person (A) that provides (i) 4
campaign strategy, (ii) design or management of campaign 5
communications, literature or advertising, or (iii) campaign fundraising 6
or management services, or (B) with duties that include identifying, 7
hiring or paying subvendors for goods or services on behalf of a person 8
or committee required to file a report or statement pursuant to section 9
9-601d or 9-608, as applicable. 10
(NEW) (34) (A) "Subvendor" means any person that provides goods 11
or services to a consultant or that contracts with a consultant or other 12
subvendor to provide goods or services to a person or committee 13
required to file a report or statement pursuant to section 9-601d or 9-608, 14
as applicable. 15
(B) "Subvendor" does not include a person who is an employee of a 16
consultant if such person has been an employee of such consultant for 17
three or more consecutive months prior to any month in which a person 18 Substitute Bill No. 5455
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or committee is required to file a report or statement accounting for any 19
expenditure to such consultant or any subvendor for such consultant. 20
Sec. 2. Section 9-622 of the general statutes is repealed and the 21
following is substituted in lieu thereof (Effective from passage): 22
The following persons shall be guilty of illegal practices and shall be 23
punished in accordance with the provisions of section 9-623: 24
(1) Any person who, directly or indirectly, individually or by another 25
person, gives or offers or promises to any person any money, gift, 26
advantage, preferment, entertainment, aid, emolument or other 27
valuable thing for the purpose of inducing or procuring any person to 28
sign a nominating, primary or referendum petition or to vote or refrain 29
from voting for or against any person or for or against any measure at 30
any election, caucus, convention, primary or referendum; 31
(2) Any person who, directly or indirectly, receives, accepts, requests 32
or solicits from any person, committee, association, organization or 33
corporation, any money, gift, advantage, preferment, aid, emolument or 34
other valuable thing for the purpose of inducing or procuring any 35
person to sign a nominating, primary or referendum petition or to vote 36
or refrain from voting for or against any person or for or against any 37
measure at any such election, caucus, primary or referendum; 38
(3) Any person who, in consideration of any money, gift, advantage, 39
preferment, aid, emolument or other valuable thing paid, received, 40
accepted or promised to the person's advantage or any other person's 41
advantage, votes or refrains from voting for or against any person or for 42
or against any measure at any such election, caucus, primary or 43
referendum; 44
(4) Any person who solicits from any candidate any money, gift, 45
contribution, emolument or other valuable thing for the purpose of 46
using the same for the support, assistance, benefit or expenses of any 47
club, company or organization, or for the purpose of defraying the cost 48
or expenses of any political campaign, primary, referendum or election; 49 Substitute Bill No. 5455
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(5) Any person who, directly or indirectly, pays, gives, contributes or 50
promises any money or other valuable thing to defray or towards 51
defraying the cost or expenses of any campaign, primary, referendum 52
or election to any person, committee, company, club, organization or 53
association, other than to a treasurer, except that this subdivision shall 54
not apply to any expenses for postage, telegrams, telephoning, 55
stationery, express charges, traveling, meals, lodging or photocopying 56
incurred by any candidate for office or for nomination to office, so far as 57
may be permitted under the provisions of this chapter; 58
(6) Any person who, in order to secure or promote the person's own 59
nomination or election as a candidate, or that of any other person, 60
directly or indirectly, promises to appoint, or promises to secure or 61
assist in securing the appointment, nomination or election of any other 62
person to any public position, or to any position of honor, trust or 63
emolument; but any person may publicly announce the person's own 64
choice or purpose in relation to any appointment, nomination or 65
election in which the person may be called to take part, if the person is 66
nominated for or elected to such office; 67
(7) Any person who, directly or indirectly, individually or through 68
another person, makes a payment or promise of payment to a treasurer 69
in a name other than the person's own, and any treasurer who 70
knowingly receives a payment or promise of payment, or enters or 71
causes the same to be entered in the person's accounts in any other name 72
than that of the person by whom such payment or promise of payment 73
is made; 74
(8) Any person who knowingly and wilfully violates any provision 75
of this chapter; 76
(9) Any person who offers or receives a cash contribution in excess of 77
one hundred dollars to promote the success or defeat of any political 78
party, candidate or referendum question; 79
(10) Any person who solicits, makes or receives a contribution that is 80 Substitute Bill No. 5455
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otherwise prohibited by any provision of this chapter; 81
(11) Any department head or deputy department head of a state 82
department who solicits a contribution on behalf of, or for the benefit of, 83
any candidate for state, district or municipal office or any political party; 84
(12) Any municipal employee who solicits a contribution on behalf 85
of, or for the benefit of, any candidate for state, district or municipal 86
office, any political committee or any political party, from (A) an 87
individual under the supervision of such employee, or (B) the spouse or 88
a dependent child of such individual; 89
(13) Any person who makes an expenditure, that is not an 90
independent expenditure, for a candidate without the knowledge of 91
such candidate. No candidate shall be civilly or criminally liable with 92
regard to any such expenditure; 93
(14) Any chief of staff of a legislative caucus who solicits a 94
contribution on behalf of or for the benefit of any candidate for state, 95
district or municipal office from an employee of the legislative caucus; 96
(15) Any chief of staff for a state-wide elected official who solicits a 97
contribution on behalf of or for the benefit of any candidate for state, 98
district or municipal office from a member of such official's staff; [or] 99
(16) Any chief of staff for the Governor or Lieutenant Governor who 100
solicits a contribution on behalf of or for the benefit of any candidate for 101
state, district or municipal office from a member of the staff of the 102
Governor or Lieutenant Governor, or from any commissioner or deputy 103
commissioner of any state agency; 104
(17) Any consultant that fails to provide complete information to a 105
person or committee required to file any report or statement pursuant 106
to section 9-601d or 9-608, as applicable, which complete information is 107
necessary for such person or committee to file such report or statement; 108
or 109 Substitute Bill No. 5455
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(18) Any consultant that (A) except for such consultant's overhead or 110
normal operating expenses, makes or obligates to make an expenditure, 111
or directly or indirectly authorizes any subvendor to make or obligate 112
to make such an expenditure, on behalf of a candidate, committee or 113
other person, and (B) does so without the knowledge of such candidate, 114
committee or other person. 115
Sec. 3. (NEW) (Effective from passage) (a) As used in this section, 116
"consultant", "candidate", "committee", "expenditure", "subvendor" and 117
"person" have the same meanings as provided in section 9-601 of the 118
general statutes, as amended by this act. 119
(b) (1) A consultant that receives or agrees to receive payment from a 120
candidate or committee and that makes or obligates to make any 121
expenditure, including any payment, to a subvendor for or on behalf of 122
a person or committee required to file a report or statement pursuant to 123
section 9-601d or 9-608 of the general statutes, as applicable, shall, not 124
later than five days after making or obligating to make such 125
expenditure, provide such person or committee with detailed 126
information of such expenditure, including, but not limited to: 127
(A) The amount and date of such expenditure and the name of the 128
individual who received such payment; 129
(B) The full name and street address of such subvendor; 130
(C) A description of the purpose of such payment; 131
(D) The name of any candidate or text of any referendum question 132
supported or opposed by such expenditure; and 133
(E) If applicable, the date of any event with which such payment is 134
associated, including, but not limited to, any expenditure directly or 135
indirectly made by a consultant to a subvendor for such event for any 136
(i) written, typed or other printed communication, or any web-based 137
written communication, that (I) promotes the success or defeat of any 138
candidate's campaign for nomination or election or any referendum 139 Substitute Bill No. 5455
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question, or (II) solicits funds to benefit any candidate or committee, (ii) 140
advertising time or space, including, but not limited to, television or 141
Internet video, radio or Internet audio, telephone call or web-based or 142
social media communication, (iii) wages incurred as a result of work for 143
any candidate or committee, (iv) survey, poll, signature gathering or 144
door-to-door solicitation of voters, (v) facilities, invitations or 145
entertainment for fundraising or other campaign events, or (vi) printing 146
of mass campaign mailings or postage for such mailings. 147
(2) Notwithstanding the provisions of subdivision (1) of this 148
subsection, if a consultant makes or obligates to make payment for an 149
expenditure for which a person or committee is required to file a report 150
or statement pursuant to section 9-601d or 9-608 of the general statutes, 151
as applicable, such consultant shall, concomitant with making or 152
obligating to make such payment, provide such person or committee 153
with complete information necessary to file such report or statement. 154
(c) (1) Any person or committee that makes or obligates to make 155
payment for an expenditure to a consultant, which consultant is 156
required to provide such person or committee with the information 157
described in subsection (b) of this section, shall include in any report or 158
statement required to be filed by such person or committee pursuant to 159
section 9-601d or 9-608 of the general statutes, as applicable, (A) the full 160
name and street address of each subvendor to which payment was made 161
or obligated to be made during the period covered by such filing, (B) the 162
amount and date of such payment, (C) a description of the purpose of 163
such payment, (D) the name of any candidate or text of any referendum 164
question supported or opposed by such expenditure, and (E) if 165
applicable, the date of any event with which such payment is associated. 166
The contents of such report or statement shall include any other 167
information that the State Elections Enforcement Commission may 168
require to facilitate compliance with the provisions of chapters 155 to 169
157, inclusive, of the general statutes, and shall be submitted on a form 170
prescribed by the commission. 171
(2) Except for such consultant's overhead or normal operating 172 Substitute Bill No. 5455
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expenses, a consultant shall not make any expenditure for or on behalf 173
of a candidate or committee, including, but not limited to, any 174
expenditure described in subdivision (1) of subsection (b) of this section, 175
unless complete information of such expenditure is provided to the 176
person required to file a report or statement pursuant to section 9-601d 177
or 9-608 of the general statutes, as applicable, or the committee on whose 178
behalf or for whose benefit such consultant is acting. 179
(d) Each consultant shall keep detailed information of each 180
expenditure made or obligated to be made for or on behalf of any person 181
or committee required to file a report or statement pursuant to section 182
9-601d or 9-608 of the general statutes, as applicable, and shall retain all 183
records of each transaction required to be included in any report or 184
statement filed pursuant to section 9-601d or 9-608 of the general 185
statutes, as applicable, for a period of four years after the date of the 186
report or statement in which such transaction was included. Such 187
records shall include, but need not be limited to, any invoice, receipt, 188
bill, financial statement, itinerary or other written or documentary 189
evidence showing the campaign or other lawful purpose of such 190
expenditure. 191
(e) If a subvendor makes or obligates to make any payment described 192
in subsection (b) of this section, such subvendor shall be deemed a 193
consultant and shall comply with the requirements set forth in this 194
section for a consultant. 195
(f) Notwithstanding the provisions of subsections (a) to (e), inclusive, 196
of this section, a financial obligation shall not be made or incurred for or 197
on behalf of a committee unless authorized by the treasurer of such 198
committee pursuant to section 9-607 of the general statutes. 199
Sec. 4. (NEW) (Effective from passage) If the treasurer of the candidate 200
committee of a participating candidate, as described in section 9-703 of 201
the general statutes, spends or obligates to spend fifteen per cent or 202
more, in the aggregate, of the moneys received from the Citizens' 203
Election Fund on the services of a consultant or other professional 204 Substitute Bill No. 5455
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person as provided in subparagraph (P) of subdivision (2) of subsection 205
(g) of section 9-607 of the general statutes, such consultant or 206
professional person shall register as such with the State Elections 207
Enforcement Commission for the candidate committee and file an 208
affidavit with the commission. The affidavit shall include written 209
certifications that the consultant or professional person intends to (1) 210
comply with the provisions of chapters 155 and 157 of the general 211
statutes, (2) maintain and furnish all required records in accordance 212
with the provisions of said chapters and regulations adopted by the 213
commission pursuant to said chapters, and (3) expend all moneys for or 214
on behalf of such candidate committee in accordance with the 215
provisions of subsection (g) of section 9-607 of the general statutes and 216
regulations adopted by the commission under subsection (e) of section 217
9-706 of the general statutes. The commission shall prepare a list of all 218
consultants or other professional persons for all candidate committees 219
of participating candidates and shall make such list available for public 220
inspection. As used in this section, "treasurer", "candidate committee" 221
and "consultant" have the same meanings as provided in section 9-601 222
of the general statutes, as amended by this act. 223
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-601
Sec. 2 from passage 9-622
Sec. 3 from passage New section
Sec. 4 from passage New section
Statement of Legislative Commissioners:
In Section 1, "committee or person" was changed to "person or
committee" for consistency; in Section 2(17), "committee or person" was
changed to "person or committee" for consistency; in Section 3(d), "as
amended by this act," was deleted for accuracy; and in Section 4, "of the
general statutes" was added for accuracy.
GAE Joint Favorable Subst. -LCO