Connecticut 2022 Regular Session

Connecticut Senate Bill SB00431 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 431
	4	+	LCO No. 2878 1 of 31
	5	+
	6	+	General Assembly Raised Bill No. 431
8	7		February Session, 2022
	8	+	LCO No. 2878
	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 CONCERNING REFERENDA, INDEPENDENT
13	22		EXPENDITURES AND CERTAIN OTHER POLITICAL SPENDING.
14	23		Be it enacted by the Senate and House of Representatives in General
15	24		Assembly convened:
16	25
17	26		Section 1. Section 9-601 of the 2022 supplement to the general statutes 1
18	27		is amended by adding subsections (33) to (39), inclusive, as follows 2
19	28		(Effective from passage): 3
20	29		(NEW) (33) "Independent expenditure political committee" means a 4
21	30		political committee that makes only (A) independent expenditures (i) to 5
22	31		promote the success or defeat of any candidate seeking (I) the 6
23	32		nomination for election, or (II) election, or (ii) for the purpose of aiding 7
24	33		or promoting the success or defeat of any (I) referendum question, or 8
25	34		(II) political party, and (B) contributions to other independent 9
26	35		expenditure political committees. 10
27	36		(NEW) (34) "Foreign national" means: 11
28	37		(A) A foreign principal and any agent or separate segregated fund of 12
29	38		a foreign principal; 13
30		-	(B) An individual who is not (i) a citizen of the United States, (ii) a 14
31		-	national of the United States, and (iii) lawfully admitted for permanent 15
32		-	residence; or 16
33		-	(C) A firm, partnership, corporation, association, organization or 17 Substitute Bill No. 431
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	41	+	(B) An individual who is (i) not a citizen of the United States, (ii) not 14
	42	+	a national of the United States, and (iii) not lawfully admitted for 15
	43	+	permanent residence; or 16
	44	+	(C) A firm, partnership, corporation, association, organization or 17
40	45		other entity: 18
41	46		(i) With respect to which a foreign owner or a person described in 19
42	47		subparagraph (A) or (B) of this subdivision holds, owns, controls or 20
43	48		otherwise has a direct or indirect beneficial ownership of at least five 21
44	49		per cent of such entity's total equity or outstanding voting shares; 22
45	50		(ii) With respect to which two or more, in combination, foreign 23
46	51		owners or persons described in subparagraph (A) or (B) of this 24
47	52		subdivision hold, own, control or otherwise have a direct or indirect 25
48	53		beneficial ownership of at least twenty per cent of such entity's total 26
49	54		equity or outstanding voting shares, excluding interests held in a widely 27
50	55		held, diversified fund; 28
51	56		(iii) With respect to which a foreign owner or individual described in 29
52	57		subparagraph (A) or (B), as applicable, of this subdivision participates 30
53	58		directly or indirectly in decisions to engage in any activity subject to the 31
54		-	provisions of chapter 155 or 157; or 32
	59	+	provisions of chapter 155 or 157 of the general statutes; or 32
55	60		(iv) That is exempt from taxation under Section 501(c)(4) of the 33
56	61		Internal Revenue Code of 1986, or any subsequent corresponding 34
57	62		internal revenue code of the United States, as amended from time to 35
58	63		time, and with respect to which at least twenty per cent of the income 36
59	64		received by such entity in the most recent taxable year derives from one 37
60	65		or more foreign owners. 38
61	66		(NEW) (35) "Foreign principal" has the same meaning as provided in 39
62	67		22 USC 611(b), as amended from time to time. 40
63	68		(NEW) (36) "National of the United States" has the same meaning as 41
64	69		provided in 8 USC 1101(a)(22), as amended from time to time. 42
65	70		(NEW) (37) "Lawfully admitted for permanent residence" has the 43
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	72	+
66	73		same meaning as provided in 8 USC 1101(a)(20), as amended from time 44
67	74		to time. 45
68		-	(NEW) (38) "Foreign owner" means a firm, partnership, corporation, 46 Substitute Bill No. 431
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	75	+	(NEW) (38) "Foreign owner" means a firm, partnership, corporation, 46
75	76		association, organization or other entity with respect to which a person 47
76	77		described in subparagraph (A) or (B) of subdivision (34) of this section 48
77	78		holds, owns, controls or otherwise has a direct or indirect beneficial 49
78	79		ownership of at least fifty per cent of such entity's total equity or 50
79	80		outstanding voting shares, excluding interests held in a widely held, 51
80	81		diversified fund. 52
81	82		(NEW) (39) "Widely held, diversified fund" means a pooled 53
82	83		investment, including a common trust fund of a financial institution, 54
83	84		mutual fund or limited partnership, (A) that has more than one hundred 55
84	85		investors, (B) that invests not more than five per cent of its value in the 56
85	86		securities of a single issuer, other than the federal government, (C) that 57
86	87		invests not more than twenty per cent of its value in any one economic 58
87	88		or geographic sector, and (D) for which no investor, and no immediate 59
88	89		family member of an investor, is able to exercise control over the 60
89	90		financial interests held by the pooled investment, including by 61
90	91		exercising the pooled investment's authority as the holder of corporate 62
91	92		securities. 63
92	93		Sec. 2. Subdivision (3) of section 9-601 of the 2022 supplement to the 64
93	94		general statutes is repealed and the following is substituted in lieu 65
94	95		thereof (Effective from passage): 66
95	96		(3) "Political committee" means (A) a committee organized by a 67
96	97		business entity or organization, (B) persons other than individuals, or 68
97	98		two or more individuals organized or acting jointly conducting their 69
98	99		activities in or outside the state, (C) an exploratory committee, (D) a 70
99	100		committee established by or on behalf of a slate of candidates in a 71
100	101		primary for the office of justice of the peace, but does not mean a 72
101	102		candidate committee or a party committee, (E) a legislative caucus 73
102	103		committee, [or] (F) a legislative leadership committee, or (G) an 74
103	104		independent expenditure political committee. 75
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104	107		Sec. 3. Section 9-601c of the general statutes is amended by adding 76
105		-	subsection (e) as follows (Effective from passage): 77 Substitute Bill No. 431
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	108	+	subsection (e) as follows (Effective from passage): 77
112	109		(NEW) (e) Notwithstanding the provisions of subsections (a) to (d), 78
113	110		inclusive, of this section, an independent expenditure political 79
114	111		committee may coordinate with one or more other independent 80
115	112		expenditure political committees for the purpose of making one or more 81
116	113		independent expenditures. 82
117	114		Sec. 4. Subsections (a) to (i), inclusive, of section 9-601d of the general 83
118	115		statutes are repealed and the following is substituted in lieu thereof 84
119	116		(Effective from passage): 85
120	117		(a) Any person, as defined in section 9-601, as amended by this act, 86
121	118		may, unless otherwise restricted or prohibited by law, including, but not 87
122	119		limited to, any provision of this chapter or chapter 157, make unlimited 88
123	120		independent expenditures, as defined in section 9-601c, as amended by 89
124	121		this act, and accept unlimited covered transfers, as defined in [said] 90
125	122		section 9-601, as amended by this act. Except as provided [pursuant to] 91
126	123		in this section, any such person who makes or obligates to make an 92
127	124		independent expenditure or expenditures in excess of one thousand 93
128	125		dollars, in the aggregate, shall file statements according to the same 94
129	126		schedule and in the same manner as is required of a treasurer of a 95
130	127		[candidate] political committee pursuant to section 9-608, as amended 96
131	128		by this act. Any such person, other than a committee, shall file with the 97
132	129		proper authority, as provided in section 9-603, as amended by this act, 98
133	130		(1) a long-form report and a short-form report pursuant to subsection 99
134	131		(c) of this section for such independent expenditure or expenditures, 100
135	132		and (2) a short-form report pursuant to subsection (d) of this section for 101
136	133		each subsequent independent expenditure made or obligated to be 102
137	134		made. 103
138	135		(b) Any person who makes or obligates to make an independent 104
139	136		expenditure or expenditures in an election or primary for the office of 105
140	137		Governor, Lieutenant Governor, Secretary of the State, State Treasurer, 106
141	138		State Comptroller, Attorney General, state senator or s tate 107
142	139		representative, [which] or to promote the success or defeat of a 108
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	141	+
143	142		referendum question proposing a constitutional convention, 109
144		-	constitutional amendment or revision of the Constitution, that exceed 110 Substitute Bill No. 431
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	143	+	constitutional amendment or revision of the Constitution, that exceed 110
151	144		one thousand dollars, in the aggregate, during [a primary campaign or 111
152	145		a general election campaign, as defined in section 9-700, shall file, 112
153	146		electronically, a long-form and a short-form report of such independent 113
154	147		expenditure or expenditures with the State Elections Enforcement 114
155	148		Commission pursuant to subsections (c) and (d) of this section. The 115
156	149		person that makes or obligates to make such independent expenditure 116
157	150		or expenditures shall file such reports] the period beginning on June first 117
158	151		in the year of a regular election, or on the day the Governor issues writs 118
159	152		of election pursuant to section 9-215 in the case of a special election for 119
160	153		the office of state senator or state representative, and ending on the day 120
161	154		following the primary or election for which such person made or 121
162	155		obligated to make such independent expenditure or expenditures, shall 122
163	156		electronically file, in the case of a committee, a report pursuant to section 123
164	157		9-608, as amended by this act, or, in the case of any person other than a 124
165	158		committee, a long-form report and a short-form report pursuant to 125
166	159		subsections (c) and (d) of this section not later than twenty-four hours 126
167	160		after (1) making any such payment, or (2) obligating to make any such 127
168	161		payment, with respect to the primary, [or] election [. If any such person 128
169	162		makes or incurs a subsequent independent expenditure, such person 129
170	163		shall report such expenditure pursuant to subsection (d) of this section.] 130
171	164		or referendum. In the case of a special election for the office of state 131
172	165		senator or state representative, if any person makes or obligates to make 132
173	166		an independent expenditure or expenditures for such special election 133
174	167		that exceeds one thousand dollars, in the aggregate, prior to the day the 134
175	168		Governor issues writs of election pursuant to section 9-215, such person 135
176	169		shall file a report not later than twenty-four hours after such writs of 136
177	170		election are issued. Such reports shall be filed under penalty of false 137
178	171		statement. 138
179	172		(c) The independent expenditure long-form report shall identify: (1) 139
180	173		The name of the person making or obligating to make such independent 140
181	174		expenditure or expenditures and, in the case of a person other than an 141
182	175		individual, provide (A) the name of a human being who had direct, 142
183	176		extensive and substantive decision-making authority over such 143
184		-	~~independent expenditure or expenditures, and (B) a certification that the 144 Substitute Bill~~ No. ~~431~~
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	179	+	independent expenditure or expenditures, and (B) a certification that the 144
191	180		person making such independent expenditure is not a foreign national; 145
192	181		(2) the tax exempt status of such person and, if [applicable] such person 146
193	182		files a report with the Federal Election Commission, the Internal 147
194	183		Revenue Service or any similar out-of-state agency, provide identifying 148
195	184		information under which any such filing is made; (3) the mailing 149
196	185		address, and street address if different, of such person; (4) the principal 150
197	186		business address of the person, if different from either the mailing 151
198	187		address or street address; (5) the mailing address, and street address if 152
199	188		different, telephone number and electronic mail address of the agent for 153
200	189		service of process in this state of such person and of the human being 154
201	190		described in subparagraph (A) of subdivision (1) of this subsection; (6) 155
202	191		the date of the primary, [or] election or referendum for which [the] such 156
203	192		independent expenditure or expenditures were made or obligated to be 157
204	193		made; (7) the name of any candidate who, or the text of any referendum 158
205	194		question that, was the subject of [any] such independent expenditure or 159
206	195		expenditures and whether [the] such independent expenditure or 160
207	196		expenditures were in support of or in opposition to such candidate or 161
208	197		referendum question; and (8) the name, telephone number and 162
209	198		electronic mail address for the individual filing such report. Such 163
210	199		individual filing such report shall, under penalty of false statement, 164
211	200		affirm that the expenditure reported is an independent expenditure. 165
212	201		[under penalty of false statement.] 166
213	202		(d) As part of any filing made pursuant to subsection (c) of this 167
214	203		section and for each subsequent independent expenditure made or 168
215	204		obligated to be made by a person with respect to the primary, [or] 169
216	205		election or referendum for which a long-form report pursuant to 170
217	206		subsection (c) of this section has been filed on behalf of such person, an 171
218	207		individual shall file [, electronically,] a short-form report for each such 172
219	208		independent expenditure. [, not later than twenty-four hours after such 173
220	209		person makes a payment for an independent expenditure or obligates 174
221	210		to make such an independent expenditure.] Such short-form report shall 175
222	211		identify: (1) The name of the person making or obligating to make such 176
223	212		independent expenditure; (2) the amount of the independent 177
224		-	expenditure; (3) whether the independent expenditure was in support 178 Substitute Bill No. 431
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	213	+	expenditure; (3) whether the independent expenditure was in support 178
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230	215
231	216		of or in opposition to a candidate or referendum question and the name 179
232	217		of such candidate or text of such referendum question; (4) a brief 180
233	218		description of the independent expenditure made, including the type of 181
234	219		communication, based on categories determined by the State Elections 182
235	220		Enforcement Commission, and the allocation of such independent 183
236	221		expenditure in support of or in opposition to each such candidate or 184
237	222		referendum question, if such independent expenditure was made in 185
238	223		support of or in opposition to more than one candidate or question; and 186
239	224		(5) the name, telephone number and electronic mail address for the 187
240	225		individual filing such report. Such individual filing such report shall, 188
241	226		under penalty of false statement, affirm that the expenditure reported is 189
242	227		an independent expenditure. [under penalty of false statement.] 190
243	228		(e) No person reporting an independent expenditure pursuant to the 191
244	229		provisions of subsection (c) or (d) of this section shall be required to file 192
245	230		a statement pursuant to section 9-608, as amended by this act, for such 193
246	231		independent expenditure. 194
247	232		(f) (1) Except as provided in subdivision (2) of this subsection, as part 195
248	233		of any statement filed pursuant to this section, if a person who makes or 196
249	234		obligates to make an independent expenditure (A) has received a 197
250	235		covered transfer during the twelve-month period prior to (i) a primary 198
251	236		or election, as applicable to the reported expenditure, for an office that 199
252	237		a candidate described in subdivision (7) of subsection (c) of this section 200
253	238		is seeking, or (ii) a referendum on a question proposing a constitutional 201
254	239		convention, constitutional amendment or revision of the Constitution, 202
255	240		and (B) such independent expenditure is made or obligated to be made 203
256	241		on or after the date that is one hundred eighty days prior to such 204
257	242		primary, [or] election or referendum, such person shall disclose the 205
258	243		source and the amount of any such covered transfer such person 206
259	244		received that is in an amount that is five thousand dollars or more, in 207
260	245		the aggregate, during the twelve-month period prior to such primary, 208
261	246		[or] election or referendum, as applicable to the reported expenditure. 209
262	247		(2) The provisions of subdivision (1) of this subsection shall not apply 210
263		-	to any person who discloses the source and amount of a covered transfer 211 Substitute Bill No. 431
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	248	+	to any person who discloses the source and amount of a covered transfer 211
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269	250
270	251		described in subdivision (1) of this subsection as part of any report to 212
271	252		the Federal Election Commission, [or] the Internal Revenue Service or 213
272	253		any similar out-of-state agency, provided such person includes a copy 214
273	254		of, or information sufficient to find, any such report as part of the report 215
274	255		of each applicable independent expenditure filed pursuant to this 216
275	256		section. If a source and amount of a covered transfer is not included as 217
276	257		part of any such report, the maker of the independent expenditure shall 218
277	258		disclose the source and amount of such covered transfer pursuant to 219
278	259		subdivision (1) of this subsection, if applicable. 220
279	260		(g) (1) A person may, unless otherwise restricted or prohibited by 221
280	261		law, including, but not limited to, any provision of this chapter or 222
281	262		chapter 157, establish a dedicated independent expenditure account [, 223
282	263		for the purpose of engaging in] that may be used to make independent 224
283	264		expenditures, [that] provided such account is segregated from all other 225
284	265		accounts controlled by such person. Such dedicated independent 226
285	266		expenditure account may receive covered transfers directly from 227
286	267		persons other than the person establishing the dedicated account and 228
287	268		may not receive transfers from another account controlled by the person 229
288	269		establishing the dedicated account, except as provided in subdivision 230
289	270		(2) of this subsection. If an independent expenditure is made from such 231
290	271		segregated account, any report required pursuant to this section or 232
291	272		disclaimer required pursuant to section 9-621, as amended by this act, 233
292	273		[may include only] shall include those persons who made covered 234
293	274		transfers directly to the dedicated independent expenditure account. 235
294	275		(2) If a person who has made a covered transfer to another account 236
295	276		controlled by the person establishing a dedicated independent 237
296	277		expenditure account requests that such covered transfer be used for the 238
297	278		purposes of making an independent expenditure from the dedicated 239
298	279		independent expenditure account, the amount of such covered transfer 240
299	280		may be transferred to the dedicated independent expenditure account 241
300	281		and shall be treated as a covered transfer directly to the dedicated 242
301	282		independent expenditure account. 243
302		-	(h) Any person may file a complaint with the commission upon the 244 Substitute Bill No. 431
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	283	+	(h) Any person may file a complaint with the commission upon the 244
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309	286		belief that (1) any such independent expenditure report or statement is 245
310	287		false, or (2) any person who is required to file an independent 246
311	288		expenditure report under this subsection has failed to do so. The 247
312	289		commission shall make a prompt determination on such a complaint. 248
313	290		(i) (1) [If] Notwithstanding the provisions of section 9-623, if (A) a 249
314	291		person fails to file a report in accordance with the provisions of this 250
315	292		section or section 9-608, as amended by this act, for an independent 251
316	293		expenditure or expenditures made or obligated to be made more than 252
317	294		ninety days before the day of a primary, [or election, the] election or 253
318	295		referendum, such person shall be subject to a civil penalty, imposed by 254
319	296		the State Elections Enforcement Commission, of not more than ten 255
320	297		thousand dollars, [. If] and (B) a person fails to file a report required in 256
321	298		accordance with the provisions of this section for an independent 257
322	299		expenditure or expenditures made or obligated to be made ninety days 258
323	300		or less before the day of a primary, [or] election or referendum, such 259
324	301		person shall be subject to a civil penalty, imposed by the State Elections 260
325	302		Enforcement Commission, of not more than twenty thousand dollars or 261
326	303		twice the amount of such independent expenditure or expenditures, 262
327	304		whichever is greater. 263
328	305		(2) [If] Notwithstanding the provisions of section 9-623, if the State 264
329	306		Elections Enforcement Commission finds that any such failure is 265
330	307		knowing and wilful, [the] such person responsible for [the] such failure 266
331	308		shall [also be fined] be subject to an additional civil penalty, imposed by 267
332	309		the commission, of not more than fifty thousand dollars or ten times the 268
333	310		amount of such independent expenditure or expenditures, whichever is 269
334	311		greater, and the commission may refer the matter to the office of the 270
335	312		Chief State's Attorney. 271
336	313		(3) If the State Elections Enforcement Commission finds that a person 272
337	314		is subject to a civil penalty under this subsection, (A) in the case of a 273
338	315		committee, (i) the chairman, and (ii) any officer, or (B) in the case of a 274
339	316		person other than a committee, (i) the chief executive or chief financial 275
340	317		officer, or equivalent, (ii) any other officer, and (iii) any manager who 276
341		-	had direct, extensive and substantive decision-making authority over 277 Substitute Bill No. 431
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348	321		the independent expenditure or expenditures made or obligated to be 278
349	322		made by such person, shall be liable for paying any amount of such civil 279
350	323		penalty imposed that is not paid by such person within one year after 280
351	324		the latter of (I) the date on which the commission imposed such civil 281
352	325		penalty, or (II) the date of the final judgment following any judicial 282
353	326		review of the commission's action. 283
354	327		Sec. 5. Subsection (b) of section 9-605 of the general statutes is 284
355	328		repealed and the following is substituted in lieu thereof (Effective from 285
356	329		passage): 286
357	330		(b) The registration statement shall include: (1) The name and address 287
358	331		of the committee; (2) a statement of the purpose of the committee; (3) the 288
359	332		name and address of its treasurer, and deputy treasurer if applicable; (4) 289
360	333		the name, address and position of its [chairman] chairperson, and other 290
361	334		principal officers if applicable; (5) the name and address of the 291
362	335		depository institution for its funds; (6) the name of each person, other 292
363	336		than an individual, that is a member of the committee; (7) the name and 293
364	337		party affiliation of each candidate whom the committee is supporting 294
365	338		and the office or position sought by each candidate; (8) if the committee 295
366	339		is supporting the entire ticket of any party, a statement to that effect and 296
367	340		the name of the party; (9) if the committee is supporting or opposing 297
368	341		any referendum question, a brief statement identifying the substance of 298
369	342		the question; (10) if the committee is established or controlled by a 299
370	343		[business entity or organization] person or individual acting as the agent 300
371	344		of a person, the name of [the entity or organization] such person or 301
372	345		individual and, if the committee is established or controlled by a person 302
373	346		or individual other than a human being, (A) the name of its chief 303
374	347		executive officer or equivalent, and (B) a certification that such person 304
375	348		is not a foreign national; (11) if the committee is established by an 305
376	349		organization, a statement of whether it will receive its funds from the 306
377	350		organization's treasury or from voluntary contributions; (12) if the 307
378	351		committee files reports with the Federal Elections Commission, the 308
379	352		Internal Revenue Service or any similar out-of-state agency, a statement 309
380		-	to that effect including the name of the agency and identifying 310 Substitute Bill No. 431
	353	+	to that effect including the name of the agency and identifying 310
	354	+	information under which any such filings are made; (13) a statement 311
	355	+	LCO No. 2878 11 of 31
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387		-	information under which any such filings are made; (13) a statement 311
388	357		indicating whether the committee is established for a single primary, 312
389	358		election or referendum or for ongoing political activities; (14) if the 313
390	359		committee is established or controlled by a lobbyist, a statement to that 314
391	360		effect and the name of the lobbyist; (15) the name and address of the 315
392	361		person making the initial contribution or disbursement, if any, to the 316
393	362		committee; and (16) any information that the State Elections 317
394	363		Enforcement Commission requires to facilitate compliance with the 318
395	364		provisions of this chapter or chapter 157. If no such initial contribution 319
396	365		or disbursement, as described in subdivision (15) of this subsection, has 320
397	366		been made at the time of the filing of such statement, the treasurer of the 321
398	367		committee shall, not later than forty-eight hours after receipt of such 322
399	368		contribution or disbursement, file a report with the State Elections 323
400	369		Enforcement Commission. The report shall be in the same form as 324
401	370		statements filed under section 9-608, as amended by this act. 325
402	371		Sec. 6. Subdivision (1) of subsection (g) of section 9-607 of the 2022 326
403	372		supplement to the general statutes is repealed and the following is 327
404	373		substituted in lieu thereof (Effective from passage): 328
405	374		(g) (1) As used in this subsection, (A) "the lawful purposes of the 329
406	375		committee" means: (i) For a candidate committee or exploratory 330
407	376		committee, the promoting of the nomination or election of the candidate 331
408	377		who established the committee, except that after a political party 332
409	378		nominates candidates for election to the offices of Governor and 333
410	379		Lieutenant Governor, whose names shall be so placed on the ballot in 334
411	380		the election that an elector will cast a single vote for both candidates, as 335
412	381		prescribed in section 9-181, a candidate committee established by either 336
413	382		such candidate may also promote the election of the other such 337
414	383		candidate; (ii) for a political committee, other than an independent 338
415	384		expenditure political committee described in subparagraph (A)(iv) of 339
416	385		this subdivision, the promoting of (I) a political party, including party 340
417	386		building activities, (II) the success or defeat of candidates for 341
418	387		nomination and election to public office or position subject to the 342
419		-	requirements of this chapter, or (III) the success or defeat of referendum 343 Substitute Bill No. 431
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	388	+	requirements of this chapter, or (III) the success or defeat of referendum 343
426	389		questions, provided [a political committee formed for a single 344
427	390		referendum question shall not promote the success or defeat of any 345
	391	+	LCO No. 2878 12 of 31
	392	+
428	393		candidate, and provided further] a legislative leadership committee or 346
429	394		a legislative caucus committee may expend funds to defray costs for 347
430	395		conducting legislative or constituency-related business which are not 348
431	396		reimbursed or paid by the state; [and] (iii) for a party committee, the 349
432	397		promoting of the party, including party building activities, the 350
433	398		promoting of candidates of the party, and the continuing operating costs 351
434	399		of the party; and (iv) for an independent expenditure political 352
435	400		committee, the promoting of (I) a political party, (II) the success or defeat 353
436	401		of candidates for nomination or election to public office or position 354
437	402		subject to the requirements of this chapter, or (III) the success or defeat 355
438	403		of referendum questions, and (B) "immediate family" means a spouse or 356
439	404		dependent child of a candidate who resides in the candidate's 357
440	405		household. 358
441	406		Sec. 7. Subparagraph (C) of subdivision (1) of subsection (e) of section 359
442	407		9-608 of the general statutes is repealed and the following is substituted 360
443	408		in lieu thereof (Effective from passage): 361
444	409		(C) [(i) Each political committee formed solely to aid or promote the 362
445	410		success or defeat of any referendum question, which does not receive 363
446	411		contributions from a business entity or an organization, shall distribute 364
447	412		its surplus to a party committee, to a political committee organized for 365
448	413		ongoing political activities, to a national committee of a political party, 366
449	414		to all contributors to the committee on a prorated basis of contribution, 367
450	415		to state or municipal governments or agencies or to any organization 368
451	416		which is a tax-exempt organization under Section 501(c)(3) of the 369
452	417		Internal Revenue Code of 1986, or any subsequent corresponding 370
453	418		internal revenue code of the United States, as from time to time 371
454	419		amended. (ii) Each political committee formed solely to aid or promote 372
455	420		the success or defeat of any referendum question, which receives 373
456	421		contributions from a business entity or an organization,] An 374
457	422		independent expenditure political committee, other than an 375
458		-	independent expenditure political committee formed for ongoing 376 Substitute Bill No. 431
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	423	+	independent expenditure political committee formed for ongoing 376
465	424		political activities, shall distribute its surplus to all contributors to the 377
466	425		committee on a prorated basis of contribution, to state or municipal 378
467	426		governments or agencies, or to any organization which is tax-exempt 379
	427	+	LCO No. 2878 13 of 31
	428	+
468	429		under [said provisions] Sections 501(c)(3) and 501(c)(19) of the Internal 380
469	430		Revenue Code, as amended from time to time. Notwithstanding the 381
470	431		provisions of this subsection, a committee formed for a single 382
471		-	referendum shall not be required to expend its surplus [not later than] 383
472		-	~~within~~ ninety days after the referendum and may continue in existence 384
473		-	~~if a~~ substantially similar referendum question on the same issue will be 385
	432	+	referendum shall not be required to expend its surplus not later than 383
	433	+	ninety days after the referendum and may continue in existence if a 384
	434	+	substantially similar referendum question on the same issue will be 385
474	435		submitted to the electorate within six months after the first referendum. 386
475	436		If two or more substantially similar referenda on the same issue are 387
476	437		submitted to the electorate, each no more than six months apart, the 388
477	438		committee shall expend such surplus within ninety days following the 389
478	439		date of the last such referendum; 390
479	440		Sec. 8. Section 9-611 of the general statutes is repealed and the 391
480	441		following is substituted in lieu thereof (Effective from passage): 392
481	442		(a) No individual shall make a contribution or contributions to, for 393
482	443		the benefit of, or pursuant to the authorization or request of, a candidate 394
483	444		or a committee supporting or opposing any candidate's campaign for 395
484	445		nomination at a primary, or any candidate's campaign for election, to 396
485	446		the office of (1) Governor, in excess of three thousand five hundred 397
486	447		dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, 398
487	448		Comptroller or Attorney General, in excess of two thousand dollars; (3) 399
488	449		chief executive officer of a town, city or borough, in excess of one 400
489	450		thousand dollars; (4) state senator or probate judge, in excess of one 401
490	451		thousand dollars; or (5) state representative or any other office of a 402
491	452		municipality not previously included in this subsection, in excess of two 403
492	453		hundred fifty dollars. The limits imposed by this subsection shall be 404
493	454		applied separately to primaries and elections. 405
494	455		(b) (1) No individual shall make a contribution or contributions to, or 406
495	456		for the benefit of, an exploratory committee, in excess of three hundred 407
496	457		seventy-five dollars, if the candidate establishing the exploratory 408
497		-	committee certifies on the statement of organization for the exploratory 409 Substitute Bill No. 431
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	458	+	committee certifies on the statement of organization for the exploratory 409
504	459		committee pursuant to subsection (c) of section 9-604 that the candidate 410
505	460		will not be a candidate for the office of state representative. No 411
506	461		individual shall make a contribution or contributions to, or for the 412
	462	+	LCO No. 2878 14 of 31
	463	+
507	464		benefit of, any exploratory committee, in excess of two hundred fifty 413
508	465		dollars, if the candidate establishing the exploratory committee does not 414
509	466		so certify. 415
510	467		(2) No individual shall make a contribution or contributions to, or for 416
511	468		the benefit of, a political committee formed by a slate of candidates in a 417
512	469		primary for the office of justice of the peace, in excess of two hundred 418
513	470		fifty dollars. 419
514	471		[(c) No individual shall make contributions to such candidates or 420
515	472		committees which in the aggregate exceed thirty thousand dollars for 421
516	473		any single election and primary preliminary to such election.] 422
517	474		[(d)] (c) No individual shall make a contribution to any candidate or 423
518	475		committee, other than a contribution in kind, in excess of one hundred 424
519	476		dollars except by personal check or credit card of that individual. 425
520	477		[(e)] (d) No individual who is less than eighteen years of age shall 426
521	478		make a contribution or contributions, in excess of thirty dollars to, for 427
522	479		the benefit of, or pursuant to the authorization or request of: (1) A 428
523	480		candidate or a committee supporting or opposing any candidate's 429
524	481		campaign for nomination at a primary to any office; (2) a candidate or a 430
525	482		committee supporting or opposing any candidate's campaign for 431
526	483		election to any office; (3) an exploratory committee; (4) any other 432
527	484		political committee in any calendar year; or (5) a party committee in any 433
528	485		calendar year. Notwithstanding any provision of subdivision (2) of 434
529	486		section 9-7b, any individual who is less than eighteen years of age who 435
530	487		violates any provision of this subsection shall not be subject to the 436
531	488		provisions of subdivision (2) of section 9-7b. 437
532	489		Sec. 9. Subsections (a) and (b) of section 9-612 of the 2022 supplement 438
533	490		to the general statutes are repealed and the following is substituted in 439
534		-	lieu thereof (Effective from passage): 440 Substitute Bill No. 431
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540		-
	491	+	lieu thereof (Effective from passage): 440
541	492		(a) (1) No individual shall make a contribution or contributions in any 441
542	493		one calendar year in excess of ten thousand dollars to the state central 442
543	494		committee of any party, or for the benefit of such committee pursuant 443
	495	+	LCO No. 2878 15 of 31
	496	+
544	497		to its authorization or request; or two thousand dollars to a town 444
545	498		committee of any political party, or for the benefit of such committee 445
546	499		pursuant to its authorization or request; or two thousand dollars to a 446
547	500		legislative caucus committee or legislative leadership committee; [,] or 447
548	501		one thousand dollars to any other political committee [other than (1)] 448
549	502		except (A) a political committee formed solely to aid or promote the 449
550	503		success or defeat of a referendum question, [(2)] (B) an exploratory 450
551	504		committee, [(3)] (C) a political committee established by an 451
552	505		organization, or for the benefit of such committee pursuant to its 452
553	506		authorization or request, or [(4)] (D) a political committee formed by a 453
554	507		slate of candidates in a primary for the office of justice of the peace of 454
555	508		the same town. 455
556	509		(2) Notwithstanding the provisions of subdivision (1) of this 456
557	510		subsection and unless otherwise restricted or prohibited by law, an 457
558	511		individual may make contributions to an independent expenditure 458
559	512		political committee, including a political committee formed solely to aid 459
560	513		or promote the success or defeat of any referendum question. 460
561	514		(b) (1) No individual shall make a contribution to a political 461
562	515		committee established by an organization which receives its funds from 462
563	516		the organization's treasury. With respect to a political committee 463
564	517		established by an organization which has complied with the provisions 464
565	518		of subsection (b) or (c) of section 9-614, as amended by this act, and has 465
566	519		elected to receive contributions, no individual other than a member of 466
567	520		the organization may make contributions to the committee, in which 467
568	521		case the individual may contribute not more than seven hundred fifty 468
569	522		dollars in any one calendar year to such committee or for the benefit of 469
570	523		such committee pursuant to its authorization or request. 470
571	524		(2) Notwithstanding the provisions of subdivision (1) of this 471
572	525		subsection and unless otherwise restricted or prohibited by law, an 472
573		-	individual may make contributions to an independent expenditure 473 Substitute Bill No. 431
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579		-
	526	+	individual may make contributions to an independent expenditure 473
580	527		political committee established by an organization. 474
581	528		Sec. 10. Section 9-613 of the general statutes is repealed and the 475
582	529		following is substituted in lieu thereof (Effective from passage): 476
	530	+	LCO No. 2878 16 of 31
	531	+
583	532		(a) [No] Except as provided in subsection (f) of this section, a business 477
584	533		entity shall not make any contributions or expenditures (1) to, or for the 478
585	534		benefit of, any candidate's campaign (A) for election to any public office 479
586	535		or position subject to this chapter, or (B) for nomination at a primary for 480
587	536		any such office or position, or (2) to promote the defeat of any candidate 481
588	537		for any such office or position. [No] A business entity shall not make 482
589	538		any other contributions or expenditures to promote the success or defeat 483
590	539		of any political party. [, except as provided in subsection (b) of this 484
591	540		section. No] A business entity shall not establish more than one political 485
592	541		committee. A political committee shall be deemed to have been 486
593	542		established by a business entity if the initial disbursement or 487
594	543		contribution to the committee is made under subsection (b) of this 488
595	544		section or by an officer, director, owner, limited or general partner or 489
596	545		holder of stock constituting five per cent or more of the total outstanding 490
597	546		stock of any class of the business entity. 491
598	547		(b) A business entity may make reasonable and necessary transfers or 492
599	548		disbursements to or for the benefit of a political committee established 493
600	549		by such business entity, for the administration of, or solicitation of 494
601	550		contributions to, such political committee. Nonmonetary contributions 495
602	551		by a business entity which are incidental in nature and are directly 496
603	552		attributable to the administration of such political committee shall be 497
604	553		exempt from the reporting requirements of this chapter. 498
605	554		[(c) The provisions of this section shall not preclude a business entity 499
606	555		from making contributions or expenditures to promote the success or 500
607	556		defeat of a referendum question.] 501
608	557		[(d)] (c) [A] Except as provided in subsection (f) of this section, a 502
609	558		political committee organized by a business entity shall not make a 503
610		-	contribution or contributions to or for the benefit of any candidate's 504 Substitute Bill No. 431
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	559	+	contribution or contributions to or for the benefit of any candidate's 504
617	560		campaign for nomination at a primary or any candidate's campaign for 505
618	561		election to the office of: (1) Governor, in excess of five thousand dollars; 506
619	562		(2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller 507
620	563		or Attorney General, in excess of three thousand dollars; (3) state 508
621	564		senator, probate judge or chief executive officer of a town, city or 509
	565	+	LCO No. 2878 17 of 31
	566	+
622	567		borough, in excess of one thousand five hundred dollars; (4) state 510
623	568		representative, in excess of seven hundred fifty dollars; or (5) any other 511
624	569		office of a municipality not included in subdivision (3) of this 512
625	570		subsection, in excess of three hundred seventy-five dollars. The limits 513
626	571		imposed by this subsection shall apply separately to primaries and 514
627	572		elections and contributions by any such committee to candidates 515
628	573		designated in this subsection shall not exceed one hundred thousand 516
629	574		dollars in the aggregate for any single election and primary preliminary 517
630	575		thereto. Contributions to such committees shall also be subject to the 518
631	576		provisions of section 9-618, as amended by this act, in the case of 519
632	577		committees formed for ongoing political activity or section 9-619, as 520
633	578		amended by this act, in the case of committees formed for a single 521
634	579		election or primary. 522
635	580		[(e)] (d) [No] Except as provided in subsection (f) of this section, a 523
636	581		political committee organized by a business entity shall not make a 524
637	582		contribution or contributions to (1) a state central committee of a 525
638	583		political party, in excess of seven thousand five hundred dollars in any 526
639	584		calendar year, (2) a town committee of any political party, in excess of 527
640	585		one thousand five hundred dollars in any calendar year, (3) an 528
641	586		exploratory committee in excess of three hundred seventy-five dollars, 529
642	587		or (4) any other kind of political committee, in excess of two thousand 530
643	588		dollars in any calendar year. 531
644	589		[(f)] (e) As used in this subsection, "investment services" means 532
645	590		investment legal services, investment banking services, investment 533
646	591		advisory services, underwriting services, financial advisory services or 534
647	592		brokerage firm services. [No] A political committee established by a 535
648	593		firm which provides investment services and to which the State 536
649		-	Treasurer pays compensation, expenses or fees or issues a contract shall 537 Substitute Bill No. 431
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655		-
	594	+	Treasurer pays compensation, expenses or fees or issues a contract shall 537
656	595		not make a contribution to, or solicit contributions on behalf of, an 538
657	596		exploratory committee or candidate committee established by a 539
658	597		candidate for nomination or election to the office of State Treasurer 540
659	598		during the term of office of the State Treasurer who does business with 541
660	599		such firm. 542
	600	+	LCO No. 2878 18 of 31
	601	+
661	602		[(g)] (f) (1) Notwithstanding the provisions of [this section, a 543
662	603		corporation, cooperative association, limited partnership, professional 544
663	604		association, limited liability company or limited liability partnership, 545
664	605		whether formed in this state or any other, acting alone,] subsections (a) 546
665	606		to (e), inclusive, of this section, a business entity may make independent 547
666	607		expenditures and contributions to an independent expenditure political 548
667	608		committee. 549
668	609		(2) An independent expenditure political committee organized by a 550
669	610		business entity shall not make any contribution unless such contribution 551
670	611		is to another independent expenditure political committee. 552
671	612		Sec. 11. Section 9-614 of the general statutes is repealed and the 553
672	613		following is substituted in lieu thereof (Effective from passage): 554
673	614		(a) An organization may make contributions or expenditures, other 555
674	615		than [those made to promote] for the purpose of promoting the success 556
675	616		or defeat of a referendum question, only by first forming its own 557
676	617		political committee. [The] Unless such political committee is an 558
677	618		independent expenditure political committee, the political committee 559
678	619		shall then be authorized to (1) receive funds (A) exclusively from the 560
679	620		organization's treasury or from voluntary contributions made by its 561
680	621		members, but not both, (B) from another political committee, or [,] (C) 562
681	622		from a candidate committee distributing a surplus, and [(1) to] (2) make 563
682	623		(A) contributions or expenditures to, or for the benefit of, a candidate's 564
683	624		campaign or a political party, or [(2) to make] (B) contributions to 565
684	625		another political committee. [No] An organization shall not form more 566
685	626		than one political committee. A political committee shall be deemed to 567
686	627		have been established by an organization if the initial contribution to the 568
687		-	committee is made by the organization's treasury or an officer or 569 Substitute Bill No. 431
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693		-
	628	+	committee is made by the organization's treasury or an officer or 569
694	629		director of the organization. 570
695	630		(b) A political committee established by an organization may elect to 571
696	631		alter the manner in which it is funded if it complies with the 572
697	632		requirements of this subsection. The committee chairperson shall notify 573
698	633		the repository with which the committee's most recent statement of 574
699	634		organization is filed, in writing, of the committee's intent to alter its 575
	635	+	LCO No. 2878 19 of 31
	636	+
700	637		manner of funding. [Within] Not later than fifteen days after the date of 576
701	638		receipt of such notification, the treasurer of such political committee 577
702	639		shall return any funds remaining in the account of the committee to the 578
703	640		organization's treasury after payment of each outstanding liability. 579
704	641		[Within] Not later than seven days after the distribution and payments 580
705	642		have been made, the treasurer shall file a statement with the same 581
706	643		repository itemizing each such distribution and payment. Upon such 582
707	644		filing, the treasurer may receive voluntary contributions from any 583
708	645		member of the organization which established such committee subject 584
709	646		to the limitations imposed in subsection (b) of section 9-612, as amended 585
710	647		by this act. 586
711	648		(c) The chairperson of each political committee established by an 587
712	649		organization on or after July 1, 1985, shall designate the manner in 588
713	650		which the committee shall be funded in the committee's statement of 589
714	651		organization. 590
715	652		(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 591
716	653		of this section, an organization [, acting alone,] may make independent 592
717	654		expenditures and contributions to an independent expenditure political 593
718	655		committee. 594
719	656		Sec. 12. Section 9-615 of the general statutes is repealed and the 595
720	657		following is substituted in lieu thereof (Effective from passage): 596
721	658		(a) [No] A political committee established by an organization shall 597
722	659		not make a contribution or contributions to, or for the benefit of, any 598
723	660		candidate's campaign for nomination at a primary or for election to the 599
724		-	office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 600 Substitute Bill No. 431
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	661	+	office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 600
731	662		Governor, Secretary of the State, Treasurer, Comptroller or Attorney 601
732	663		General, in excess of three thousand dollars; (3) chief executive officer 602
733	664		of a town, city or borough, in excess of one thousand five hundred 603
734	665		dollars; (4) state senator or probate judge, in excess of one thousand five 604
735	666		hundred dollars; (5) state representative, in excess of seven hundred 605
736	667		fifty dollars; or (6) any other office of a municipality not previously 606
737	668		included in this subsection, in excess of three hundred seventy-five 607
738	669		dollars. 608
	670	+	LCO No. 2878 20 of 31
	671	+
739	672		(b) [No such] A political committee established by an organization 609
740	673		shall not make a contribution or contributions to, or for the benefit of, 610
741	674		an exploratory committee, in excess of three hundred seventy-five 611
742	675		dollars. [Any such] A political committee established by an organization 612
743	676		may make unlimited contributions to a political committee formed 613
744	677		solely to aid or promote the success or defeat of a referendum question. 614
745	678		(c) The limits imposed by subsection (a) of this section shall apply 615
746		-	separately to primaries and elections, and no such committee shall make 616
	679	+	separately to primaries and elections and no such committee shall make 616
747	680		contributions to the candidates designated in this section which in the 617
748	681		aggregate exceed fifty thousand dollars for any single election and 618
749	682		primary preliminary thereto. 619
750	683		(d) [No] Except as provided in subsection (f) of this section, a political 620
751	684		committee established by an organization shall not make contributions 621
752	685		in any one calendar year to, or for the benefit of, (1) the state central 622
753	686		committee of a political party, in excess of seven thousand five hundred 623
754	687		dollars; (2) a town committee, in excess of one thousand five hundred 624
755	688		dollars; or (3) any political committee, other than an exploratory 625
756	689		committee or a committee formed solely to aid or promote the success 626
757	690		or defeat of a referendum question, in excess of two thousand dollars. 627
758	691		(e) Contributions to a political committee established by an 628
759	692		organization shall be subject to the provisions of section 9-618, as 629
760	693		amended by this act, in the case of a committee formed for ongoing 630
761	694		political activity or section 9-619, as amended by this act, in the case of 631
762		-	a committee formed for a single election or primary. 632 Substitute Bill No. 431
763		-
764		-
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767		-	21 of 32
768		-
	695	+	a committee formed for a single election or primary. 632
769	696		(f) An independent expenditure political committee established by an 633
770	697		organization shall not make any contribution unless such contribution 634
771	698		is to another independent expenditure political committee. 635
772	699		Sec. 13. Subsection (a) of section 9-618 of the general statutes is 636
773	700		repealed and the following is substituted in lieu thereof (Effective from 637
774	701		passage): 638
775	702		(a) (1) A political committee organized for ongoing political activities 639
	703	+	LCO No. 2878 21 of 31
	704	+
776	705		may make unlimited contributions to, or for the benefit of, any national 640
777	706		committee of a political party [;] or a committee of a candidate for 641
778	707		federal or out-of-state office. Except as provided in subdivision (3) of 642
779	708		subsection (d) of this section, no such political committee shall make a 643
780	709		contribution or contributions in excess of two thousand dollars to 644
781	710		another political committee in any calendar year. No political committee 645
782	711		organized for ongoing political activities shall make a contribution in 646
783	712		excess of three hundred seventy-five dollars to an exploratory 647
784	713		committee. If such an ongoing committee is established by an 648
785	714		organization or a business entity, its contributions shall be subject to the 649
786	715		limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 650
787	716		act. A political committee organized for ongoing political activities may 651
788	717		make [contributions] donations to a charitable organization which is a 652
789	718		tax-exempt organization under Section 501(c)(3) of the Internal Revenue 653
790	719		Code, as from time to time amended, or make memorial [contributions] 654
791	720		donations. 655
792	721		(2) An independent expenditure political committee organized for 656
793	722		ongoing political activities shall not make any contribution unless such 657
794	723		contribution is to another independent expenditure political committee. 658
795	724		Sec. 14. Subsection (a) of section 9-619 of the general statutes is 659
796	725		repealed and the following is substituted in lieu thereof (Effective from 660
797	726		passage): 661
798	727		(a) (1) [No] A political committee established for a single primary or 662
799		-	election shall not make contributions to a national committee, or a 663 Substitute Bill No. 431
800		-
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805		-
	728	+	election shall not make contributions to a national committee, or a 663
806	729		committee of a candidate for federal or out-of-state office. If such a 664
807	730		political committee is established by an organization or a business 665
808	731		entity, its contributions shall also be subject to the limitations imposed 666
809	732		by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 667
810	733		provided in subdivision (2) of subsection (d) of this section, [no] a 668
811	734		political committee [formed] established for a single election or primary 669
812	735		shall not, with respect to such election or primary, make a contribution 670
813	736		or contributions in excess of two thousand dollars to another political 671
814	737		committee, provided [no such] a political committee established for a 672
	738	+	LCO No. 2878 22 of 31
	739	+
815	740		single election or primary shall not make a contribution in excess of 673
816	741		three hundred seventy-five dollars to an exploratory committee. 674
817	742		(2) An independent expenditure political committee established for a 675
818	743		single primary or election shall not make any contribution unless such 676
819	744		contribution is to another independent expenditure political committee. 677
820	745		Sec. 15. Section 9-620 of the general statutes is repealed and the 678
821	746		following is substituted in lieu thereof (Effective from passage): 679
822	747		(a) [A political committee formed solely to aid or promote the success 680
823	748		or defeat of a referendum question shall not make contributions to, or 681
824	749		for the benefit of, a party committee, a political committee, a national 682
825	750		committee, a committee of a candidate for federal or out-of-state office 683
826	751		or a candidate committee, except in the distribution of a surplus, as 684
827	752		provided in subsection (e) of section 9-608.] Subject to the provisions of 685
828	753		this chapter, any person may establish an independent expenditure 686
829	754		political committee that may only make expenditures without the 687
830	755		consent, coordination or consultation of, a candidate or agent of the 688
831	756		candidate, candidate committee, party committee or political 689
832	757		committee. Subject to the provisions of this chapter, any such 690
833	758		independent expenditure political committee may accept contributions 691
834	759		from any person. 692
835	760		(b) [A political committee formed solely to aid or promote the success 693
836	761		or defeat of a referendum question shall not receive contributions from 694
837		-	a national committee or from a committee of a candidate for federal or 695 Substitute Bill No. 431
838		-
839		-
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842		-	23 of 32
843		-
	762	+	a national committee or from a committee of a candidate for federal or 695
844	763		out-of-state office.] Any person may establish an independent 696
845	764		expenditure political committee solely to aid or promote the success or 697
846	765		defeat of a single referendum question, or of multiple referendum 698
847	766		questions submitted to a vote on the same date. Such committee may 699
848	767		only make independent expenditures to aid or promote the success or 700
849	768		defeat of a single referendum question, or of multiple referendum 701
850	769		questions submitted to a vote on the same date. Subject to the provisions 702
851	770		of this chapter, such committee may accept contributions from any 703
852	771		person. 704
	772	+	LCO No. 2878 23 of 31
	773	+
853	774		(c) [No person, other than an individual or a committee, shall make a 705
854	775		contribution to a political committee formed solely to aid or promote the 706
855	776		success or defeat of a referendum question, or to any other person, to 707
856	777		aid or promote the success or defeat of a referendum question, in excess 708
857	778		of ten cents for each individual residing in the state or political 709
858	779		subdivision thereof in which such referendum question is to be voted 710
859	780		upon, in accordance with the last federal decennial census.] Except as 711
860	781		provided in this section, an independent expenditure political 712
861	782		committee shall not make contributions to, or for the benefit of, a party 713
862	783		committee, a political committee, a national committee, a committee of 714
863	784		a candidate for federal or out-of-state office or a candidate committee. 715
864	785		(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 716
865	786		of this section, an independent expenditure political committee may 717
866	787		make contributions to another independent expenditure political 718
867	788		committee, make donations to any organization which is a tax-exempt 719
868	789		organization under Sections 501(c)(3) and 501(c)(19) of the Internal 720
869		-	Revenue Code, as amended from time to time, and refund ~~contributions~~ 721
870		-	to contributors. 722
	790	+	Revenue Code, as amended from time to time, and may refund 721
	791	+	contributions to contributors. 722
871	792		Sec. 16. Subsections (c) to (l), inclusive, of section 9-621 of the general 723
872	793		statutes are repealed and the following is substituted in lieu thereof 724
873	794		(Effective from passage): 725
874	795		(c) (1) No business entity, organization, association, committee, or 726
875		-	group of two or more individuals who have joined solely to promote the 727 Substitute Bill No. 431
876		-
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880		-	24 of 32
881		-
	796	+	group of two or more individuals who have joined solely to promote the 727
882	797		success or defeat of a referendum question shall make or incur any 728
883	798		expenditure for any written, typed or other printed communication 729
884	799		which promotes the success or defeat of any referendum question unless 730
885	800		such communication bears upon its face, as a disclaimer, the words 731
886	801		"paid for by" and the following: [(1)] (A) In the case of a business entity, 732
887	802		organization or association, the name of the business entity, 733
888	803		organization or association and the name of its chief executive officer or 734
889	804		equivalent, and in the case such communication is made during the 735
890	805		ninety-day period immediately prior to the referendum, such 736
891	806		communication shall also bear on its face the names of the five persons 737
	807	+	LCO No. 2878 24 of 31
	808	+
892	809		who made the five largest aggregate covered transfers to such business 738
893	810		entity, organization or association during the twelve-month period 739
894	811		immediately prior to such referendum. The communication shall also 740
895	812		state that additional information about the business entity, organization 741
896	813		or association making such communication may be found on the State 742
897	814		Elections Enforcement Commission's Internet web site; [(2)] (B) in the 743
898	815		case of a political committee, the name of the committee and the name 744
899	816		of its treasurer; [(3)] (C) in the case of a party committee, the name of the 745
900	817		committee; or [(4)] (D) in the case of such a group of two or more 746
901	818		individuals, the name of the group and the name and address of its 747
902	819		agent. 748
903	820		(2) No person shall make or incur an independent expenditure for: 749
904	821		(A) A video broadcast by television, satellite or Internet which 750
905	822		promotes the success or defeat of any referendum question unless such 751
906	823		video is accompanied by the disclaimer described in subdivision (2) of 752
907	824		subsection (h) of this section; 753
908	825		(B) An audio communication broadcast by radio, satellite or Internet 754
909	826		which promotes the success or defeat of any referendum question unless 755
910	827		such audio communication is accompanied by the disclaimer described 756
911	828		in subdivision (3) of subsection (h) of this section; and 757
912	829		(C) Telephone calls which promote the success or defeat of any 758
913		-	referendum question unless such telephone calls are accompanied by 759 Substitute Bill No. 431
914		-
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919		-
	830	+	referendum question unless such telephone calls are accompanied by 759
920	831		the disclaimer described in subdivision (4) of subsection (h) of this 760
921	832		section. 761
922	833		(d) The provisions of subsections (a), (b), [and] (c) and (h) of this 762
923	834		section do not apply to (1) any editorial, news story, or commentary 763
924	835		published in any newspaper, magazine or journal on its own behalf and 764
925	836		upon its own responsibility and for which it does not charge or receive 765
926	837		any compensation whatsoever, (2) any banner, (3) political 766
927	838		paraphernalia including pins, buttons, badges, emblems, hats, bumper 767
928	839		stickers or other similar materials, or (4) signs with a surface area of not 768
929	840		more than thirty-two square feet. 769
	841	+	LCO No. 2878 25 of 31
	842	+
930	843		(e) The treasurer of a candidate committee which sponsors any 770
931	844		written, typed or other printed communication for the purpose of 771
932	845		raising funds to eliminate a campaign deficit of that committee shall 772
933	846		include in such communication a statement that the funds are sought to 773
934	847		eliminate such a deficit. 774
935	848		(f) The treasurer of an exploratory committee or candidate committee 775
936	849		established by a candidate for nomination or election to the office of 776
937	850		Treasurer which committee sponsors any written, typed or other 777
938	851		printed communication for the purpose of raising funds shall include in 778
939	852		such communication a statement concerning the prohibitions set forth 779
940	853		in subsection (n) of section 1-84, subsection (e) of section 9-612 and 780
941	854		subsection (f) of section 9-613, as amended by this act. 781
942	855		(g) In the event a treasurer of a candidate committee is replaced 782
943	856		pursuant to subsection (c) of section 9-602, nothing in this section shall 783
944	857		be construed to prohibit the candidate committee from distributing any 784
945	858		printed communication subject to the provisions of this section that has 785
946	859		already been printed or otherwise produced, even though such 786
947	860		communication does not accurately designate the successor treasurer of 787
948	861		such candidate committee. 788
949	862		(h) (1) No person shall make or incur an independent expenditure for 789
950		-	any written, typed or other printed communication, including on a 790 Substitute Bill No. 431
951		-
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956		-
	863	+	any written, typed or other printed communication, including on a 790
957	864		billboard, or any web-based, written communication, which promotes 791
958	865		the success or defeat of any candidate's campaign for nomination at a 792
959	866		primary or election unless such communication bears upon its face, as a 793
960	867		disclaimer, the words "Paid for by" and the name of such person and the 794
961	868		following statement: "This message was made independent of any 795
962	869		candidate or political party.". In the case of a person making or incurring 796
963	870		such an independent expenditure during the ninety-day period 797
964	871		immediately prior to the primary or election for which the independent 798
965	872		expenditure is made, such communication shall also bear upon its face 799
966	873		the names of the five persons who made the five largest aggregate 800
967	874		covered transfers to the person making such communication during the 801
968	875		twelve-month period immediately prior to such primary or election, as 802
	876	+	LCO No. 2878 26 of 31
	877	+
969	878		applicable. The communication shall also state that additional 803
970	879		information about the person making such communication may be 804
971	880		found on the State Elections Enforcement Commission's Internet web 805
972	881		site. 806
973	882		(2) In addition to the requirements of subdivision (1) of this 807
974	883		subsection, no person shall make or incur an independent expenditure 808
975	884		for a video broadcast by television, satellite or Internet, unless at the end 809
976	885		of such advertising there appears for a period of not less than four 810
977	886		seconds as a disclaimer, the following as an audio message and a written 811
978	887		statement: "This message was paid for by (person making the 812
979	888		communication) and made independent of any candidate or political 813
980	889		party.". In the case of a person making or incurring such an independent 814
981	890		expenditure during the ninety-day period immediately prior to the 815
982	891		primary or election for which the independent expenditure is made, 816
983	892		such communication shall also list the names of the five persons who 817
984	893		made the five largest aggregate covered transfers to the person making 818
985	894		such communication during the twelve-month period immediately 819
986	895		prior to such primary or election, as applicable. The communication 820
987	896		shall also state that additional information about the person making 821
988	897		such communication may be found on the State Elections Enforcement 822
989		-	Commission's Internet web site. 823 Substitute Bill No. 431
990		-
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995		-
	898	+	Commission's Internet web site. 823
996	899		(3) In addition to the requirements of subdivision (1) of this 824
997	900		subsection, no person shall make or incur an independent expenditure 825
998	901		for an audio communication broadcast by radio, satellite or Internet, 826
999	902		unless the advertising ends with a disclaimer that is a personal audio 827
1000	903		statement by such person's agent (A) identifying the person paying for 828
1001	904		the expenditure, and (B) indicating that the message was made 829
1002	905		independent of any candidate or political party, using the following 830
1003	906		form: "I am .... (name of the person's agent), .... (title), of .... (the person). 831
1004	907		This message was made independent of any candidate or political 832
1005	908		party.". In the case of a person making or incurring such an independent 833
1006	909		expenditure during the ninety-day period immediately prior to the 834
1007	910		primary or election for which the independent expenditure is made, 835
1008	911		such communication shall state the names of the five persons who made 836
	912	+	LCO No. 2878 27 of 31
	913	+
1009	914		the five largest aggregate covered transfers to the person making such 837
1010	915		communication during the twelve-month period immediately prior to 838
1011	916		such primary or election, as applicable. The communication shall also 839
1012	917		state that additional information about the person making such 840
1013	918		communication may be found on the State Elections Enforcement 841
1014	919		Commission's Internet web site. 842
1015	920		(4) In addition to the requirements of subdivision (1) of this 843
1016	921		subsection, no person shall make or incur an independent expenditure 844
1017	922		for telephone calls, unless the narrative of the telephone call identifies 845
1018	923		the person making the expenditure and during the ninety-day period 846
1019	924		immediately prior to the primary or election for which the independent 847
1020	925		expenditure is made, such communication shall state the names of the 848
1021	926		five persons who made the five largest aggregate covered transfers to 849
1022	927		the person making such communication during the twelve-month 850
1023	928		period immediately prior to such primary or election, as applicable. The 851
1024	929		communication shall also state that additional information about the 852
1025	930		person making such communication may be found on the State 853
1026	931		Elections Enforcement Commission's Internet web site. 854
1027	932		(i) In any [print, television or social media promotion of a slate of] 855
1028		-	organization expenditure for a party candidate listing of a candidate or 856 Substitute Bill No. 431
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1034		-
	933	+	organization expenditure for a party candidate listing of a candidate or 856
1035	934		candidates by a party committee, [the party] legislative caucus 857
1036	935		committee or legislative leadership committee, such committee shall use 858
1037	936		applicable disclaimers pursuant to the provisions of this section for such 859
1038	937		promotion, and no individual candidate disclaimers shall be required. 860
1039	938		(j) (1) Except as provided in subdivisions (2) and (3) of this subsection, 861
1040	939		if any person whose name is included on a disclaimer of a 862
1041	940		communication pursuant to the provisions of this section, as a person 863
1042	941		who made a covered transfer to the maker of the communication, is also 864
1043	942		a recipient of a covered transfer, the maker of the communication, as 865
1044	943		part of any report filed pursuant to section 9-601d, as amended by this 866
1045	944		act, associated with the making of such communication, shall include 867
1046	945		the names of the five persons who made the top five largest aggregate 868
1047	946		covered transfers to such recipient during the twelve-month period 869
	947	+	LCO No. 2878 28 of 31
	948	+
1048	949		immediately prior to the primary or election, as applicable. 870
1049	950		(2) The name of any person who made a covered transfer to a tax-871
1050	951		exempt organization recognized under Section 501(c)(4) of the Internal 872
1051	952		Revenue Code of 1986, or any subsequent corresponding internal 873
1052	953		revenue code of the United States, as amended from time to time, that 874
1053	954		has not had its tax exempt status revoked, shall not be disclosed 875
1054	955		pursuant to the provisions of subdivision (1) of this subsection. 876
1055	956		(3) The name of any person who made a covered transfer to a person 877
1056	957		whose name is included on a disclaimer pursuant to the provisions of 878
1057	958		this section shall not be disclosed pursuant to the provisions of 879
1058	959		subdivision (1) of this subsection if the recipient of such covered transfer 880
1059	960		accepts covered transfers from at least one hundred different sources, 881
1060	961		provided no such source accounts for ten per cent or more of the total 882
1061	962		amount of covered transfers accepted by the recipient during the 883
1062	963		twelve-month period immediately prior to the primary or election, as 884
1063	964		applicable. 885
1064	965		(k) Any disclaimer required to be on the face of a written, typed or 886
1065	966		other printed communication pursuant to the provisions of this section 887
1066		-	shall be printed in no smaller than eight-point type of uniform font 888 Substitute Bill No. 431
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1072		-
	967	+	shall be printed in no smaller than eight-point type of uniform font 888
1073	968		when such disclaimer is on a communication contained in a flyer or 889
1074	969		leaflet, newspaper, magazine or similar literature, or that is delivered by 890
1075	970		mail. 891
1076	971		(l) Notwithstanding the provisions of this section, no person making 892
1077	972		an independent expenditure for a communication shall be required to 893
1078	973		list as part of any disclaimer pursuant to this section any person whose 894
1079	974		covered transfers to the maker of the communication are not in an 895
1080	975		aggregate amount of five thousand dollars or more during the twelve-896
1081	976		month period immediately prior to the primary, [or] election or 897
1082	977		referendum, as applicable, for which such independent expenditure is 898
1083	978		made. 899
1084	979		Sec. 17. (NEW) (Effective from passage) (a) A foreign national, as 900
1085	980		defined in section 9-601 of the general statutes, as amended by this act, 901
	981	+	LCO No. 2878 29 of 31
	982	+
1086	983		shall not make, directly or indirectly, (1) any contribution, as defined in 902
1087	984		section 9-601a of the general statutes, or any express or implied promise 903
1088	985		to make any such contribution, or (2) any expenditure, as defined in 904
1089	986		section 9-601b of the general statutes. 905
1090	987		(b) A person shall not solicit, accept or receive a contribution or 906
1091	988		covered transfer, as defined in section 9-601 of the general statutes, as 907
1092	989		amended by this act, from a foreign national. 908
1093	990		Sec. 18. Subdivision (1) of subsection (g) of section 9-7a of the general 909
1094	991		statutes is repealed and the following is substituted in lieu thereof 910
1095	992		(Effective July 1, 2022): 911
1096	993		(g) (1) (A) In the case of a written complaint filed with the commission 912
1097	994		pursuant to section 9-7b, commission staff shall conduct and complete a 913
1098	995		preliminary examination of such complaint by the fourteenth day 914
1099	996		following its receipt, at which time such staff shall, at its discretion, [(A)] 915
1100	997		(i) dismiss the complaint for failure to allege any substantial violation of 916
1101	998		state election law supported by evidence, [(B)] (ii) engage the 917
1102	999		respondent in discussions in an effort to speedily resolve any matter 918
1103		-	pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 919 Substitute Bill No. 431
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1109		-
	1000	+	pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 919
1110	1001		the complaint for a determination by the commission that probable 920
1111	1002		cause or no probable cause exists for any such violation. If commission 921
1112	1003		staff dismisses a complaint pursuant to subparagraph (A)(i) of this 922
1113	1004		subdivision, such staff shall provide a brief written statement concisely 923
1114	1005		setting forth the reasons for such dismissal. If commission staff engages 924
1115	1006		a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 925
1116	1007		but is unable to speedily resolve any such matter described in said 926
1117	1008		subparagraph by the forty-fifth day following receipt of the complaint, 927
1118	1009		such staff shall docket such complaint for a determination by the 928
1119	1010		commission that probable cause or no probable cause exists for any 929
1120	1011		violation of state election law. If the commission does not, by the sixtieth 930
1121	1012		day following receipt of the complaint, either issue a decision or render 931
1122	1013		its determination that probable cause or no probable cause exists for any 932
1123	1014		violation of state election laws, the complainant or respondent may 933
1124	1015		apply to the superior court for the judicial district of Hartford for an 934
	1016	+	LCO No. 2878 30 of 31
	1017	+
1125	1018		order to show cause why the commission has not acted upon the 935
1126	1019		complaint and to provide evidence that the commission has 936
1127	1020		unreasonably delayed action. 937
1128		-	(B) (i) For any complaint received on or after January 1, 2018, ~~but prior~~ 938
1129		-	to July 1, 2022, if the commission does not, by one year following ~~receipt~~ 939
1130		-	of such complaint, issue a decision thereon, the commission shall 940
	1021	+	(B) (i) For any complaint received on or after January 1, 2018, and 938
	1022	+	prior to July 1, 2022, if the commission does not, by one year following 939
	1023	+	receipt of such complaint, issue a decision thereon, the commission shall 940
1131	1024		dismiss such complaint, provided the length of time of any delay caused 941
1132		-	by [(i)] (I) the commission or commission staff granting any extension 942
1133		-	or continuance to a respondent prior to the issuance of any such 943
1134		-	decision, [(ii)] (II) any subpoena issued in connection with such 944
1135		-	complaint, [(iii)] (III) any litigation in state or federal court related to 945
1136		-	such complaint, or [(iv)] (IV) any investigation by, or consultation of the 946
1137		-	commission or commission staff with, the Chief State's Attorney, the 947
1138		-	Attorney General, the United States Department of Justice or the United 948
1139		-	States Attorney for Connecticut related to such complaint, shall be 949
1140		-	added to such one year. 950
1141		-	(ii) For any complaint received on or after July 1, 2022, if the 951
1142		-	commission does not, by one year following receipt of such complaint, 952 Substitute Bill No. 431
	1025	+	by (i) the commission or commission staff granting any extension or 942
	1026	+	continuance to a respondent prior to the issuance of any such decision, 943
	1027	+	(ii) any subpoena issued in connection with such complaint, (iii) any 944
	1028	+	litigation in state or federal court related to such complaint, or (iv) any 945
	1029	+	investigation by, or consultation of the commission or commission staff 946
	1030	+	with, the Chief State's Attorney, the Attorney General, the United States 947
	1031	+	Department of Justice or the United States Attorney for Connecticut 948
	1032	+	related to such complaint, shall be added to such one year. 949
	1033	+	(ii) For any complaint received on or after July 1, 2022, if the 950
	1034	+	commission does not, by one year following receipt of such complaint, 951
	1035	+	find reason to believe that a violation of state election law has been 952
	1036	+	committed and commence a contested case, as defined in section 4-166, 953
	1037	+	the commission shall dismiss such complaint, provided the length of 954
	1038	+	time of any delay caused by (I) the commission or commission staff 955
	1039	+	granting any extension or continuance to a respondent prior to the 956
	1040	+	issuance of any such decision, (II) any subpoena issued in connection 957
	1041	+	with such complaint, (III) any litigation in state or federal court related 958
	1042	+	to such complaint, (IV) any investigation by the commission or 959
	1043	+	commission staff involving a potential violation of state election law by 960
	1044	+	a foreign national or section 9-601c or 9-601d, as amended by this act, or 961
	1045	+	(V) any investigation by, or consultation of the commission or 962
	1046	+	commission staff with, the Chief State's Attorney, the Attorney General, 963
	1047	+	the United States Department of Justice or the United States Attorney 964
	1048	+	for Connecticut related to such complaint, shall be added to such one 965
	1049	+	year. 966
	1050	+	LCO No. 2878 31 of 31
1143	1051
1144		-
1145		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00431-
1146		-	R01-SB.docx }
1147		-	31 of 32
1148		-
1149		-	find reason to believe that a violation of state election law has been 953
1150		-	committed and commence a contested case, as defined in section 4-166, 954
1151		-	the commission shall dismiss such complaint, provided the length of 955
1152		-	time of any delay caused by (I) the commission or commission staff 956
1153		-	granting any extension or continuance to a respondent prior to the 957
1154		-	issuance of any such decision, (II) any subpoena issued in connection 958
1155		-	with such complaint, (III) any litigation in state or federal court related 959
1156		-	to such complaint, (IV) any investigation by the commission or 960
1157		-	commission staff involving a potential violation of state election law by 961
1158		-	a foreign national or section 9-601c or 9-601d, as amended by this act, or 962
1159		-	(V) any investigation by, or consultation of the commission or 963
1160		-	commission staff with, the Chief State's Attorney, the Attorney General, 964
1161		-	the United States Department of Justice or the United States Attorney 965
1162		-	for Connecticut related to such complaint, shall be added to such one 966
1163		-	year. 967
1164	1052		This act shall take effect as follows and shall amend the following
1165	1053		sections:
1166	1054
1167	1055		Section 1 from passage 9-601
1168	1056		Sec. 2 from passage 9-601(3)
1169	1057		Sec. 3 from passage 9-601c
1170	1058		Sec. 4 from passage 9-601d(a) to (i)
1171	1059		Sec. 5 from passage 9-605(b)
1172	1060		Sec. 6 from passage 9-607(g)(1)
1173	1061		Sec. 7 from passage 9-608(e)(1)(C)
1174	1062		Sec. 8 from passage 9-611
1175	1063		Sec. 9 from passage 9-612(a) and (b)
1176	1064		Sec. 10 from passage 9-613
1177	1065		Sec. 11 from passage 9-614
1178	1066		Sec. 12 from passage 9-615
1179	1067		Sec. 13 from passage 9-618(a)
1180	1068		Sec. 14 from passage 9-619(a)
1181	1069		Sec. 15 from passage 9-620
1182	1070		Sec. 16 from passage 9-621(c) to (l)
1183	1071		Sec. 17 from passage New section
1184	1072		Sec. 18 July 1, 2022 9-7a(g)(1)
1185		-	Substitute Bill No. 431
1186	1073
1187		-
1188		-	~~LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00431-~~
1189		-	~~R01-SB.docx }~~
1190		-	~~32 of 32~~
1191		-
1192		-	~~Statement of Legislative Commissioners:~~
1193		-	~~In Section 1(34)~~, ~~Subpara.~~ (B) ~~was rewritten for clarity and "of~~ ~~the~~
1194		-	~~general statutes"~~ ~~was deleted in Subpara.~~ (~~C)(iii~~) ~~for accuracy; in Section~~
1195		-	~~7(e)(1)(C), "not~~ ~~later than ninety"~~ ~~was changed to "[not later than] within~~
1196		-	~~ninety"~~ for ~~clarity and consistency;~~ ~~in Section 15(d), "may refund" was~~
1197		-	~~changed to "refund" for accuracy;~~ and ~~in Section 18(g)(1)(B)(i), "and~~
1198		-	~~prior" was changed to "but~~ ~~prior" for clarity and the existing provisions~~
1199		-	~~were redesignated for accuracy~~.
1200		-
1201		-	~~GAE Joint Favorable Subst. -LCO~~
	1074	+	Statement of Purpose:
	1075	+	To (1) prevent foreign interference in state referenda and elections and
	1076	+	allow for greater enforcement of violations, (2) implement federal court
	1077	+	rulings regarding independent expenditure political committees and
	1078	+	contributions to such committees, (3) make adjustments to reflect the
	1079	+	United States Supreme Court ruling aggregate contribution limits for
	1080	+	individuals, (4) more explicitly recognize referendum spending as a
	1081	+	type of independent expenditure and require reporting as such, (5)
	1082	+	impose attribution requirements for certain forms of referendum
	1083	+	spending, and (6) require, for organization expenditure party candidate
	1084	+	listings, only the disclaimer of the paying committee and not the
	1085	+	individual disclaimer of all candidates mentioned.
	1086	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	1087	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	1088	+	underlined.]
1202	1089