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