LCO No. 5810 1 of 7 General Assembly Raised Bill No. 6904 January Session, 2023 LCO No. 5810 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by: (GAE) AN ACT CONCERNING CAMPAIGN FINANCE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (b) of section 9-601b of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective from 2 passage): 3 (b) The term "expenditure" does not mean: 4 (1) A loan of money, made in the ordinary course of business, by a 5 state or national bank; 6 (2) A communication made by any corporation, organization or 7 association solely to its members, owners, stockholders, executive or 8 administrative personnel, or their families; 9 (3) Nonpartisan voter registration and get-out-the-vote campaigns by 10 any corporation, organization or association aimed at its members, 11 owners, stockholders, executive or administrative personnel, or their 12 families; 13 Raised Bill No. 6904 LCO No. 5810 2 of 7 (4) Uncompensated services provided by individuals volunteering 14 their time on behalf of a party committee, political committee, slate 15 committee or candidate committee, including any services provided for 16 the benefit of nonparticipating and participating candidates under the 17 Citizens' Election Program and any unreimbursed travel expenses made 18 by an individual who volunteers the individual's personal services to 19 any such committee. For purposes of this subdivision, an individual is 20 a volunteer if such individual is not receiving compensation for such 21 services regardless of whether such individual received compensation 22 in the past or may receive compensation for similar services that may be 23 performed in the future; 24 (5) Any news story, commentary or editorial distributed through the 25 facilities of any broadcasting station, newspaper, magazine or other 26 periodical, unless such facilities are owned or controlled by any political 27 party, committee or candidate; 28 (6) The use of real or personal property, a portion or all of the cost of 29 invitations and the cost of food or beverages, voluntarily provided by 30 an individual to a candidate, including a nonparticipating or 31 participating candidate under the Citizens' Election Program, or to a 32 party, political or slate committee, in rendering voluntary personal 33 services at the individual's residential premises or a community room 34 in the individual's residence facility, to the extent that the cumulative 35 value of the invitations, food or beverages provided by an individual on 36 behalf of any candidate or committee does not exceed four hundred 37 dollars with respect to any single event or does not exceed eight 38 hundred dollars for any such event hosted by two or more individuals, 39 provided at least one such individual owns or resides at the residential 40 premises, and further provided the cumulative value of the invitations, 41 food or beverages provided by an individual on behalf of any such 42 candidate or committee does not exceed eight hundred dollars with 43 respect to a calendar year or single election, as the case may be; 44 (7) A communication described in subdivision (2) of subsection (a) of 45 this section that includes speech or expression made (A) prior to the 46 Raised Bill No. 6904 LCO No. 5810 3 of 7 ninety-day period preceding the date of a primary or an election at 47 which the clearly identified candidate or candidates are seeking 48 nomination to public office or position, that is made for the purpose of 49 influencing any legislative or administrative action, as defined in section 50 1-91, or executive action, or (B) during a legislative session for the 51 purpose of influencing legislative action; 52 (8) An organization expenditure by a party committee, legislative 53 caucus committee or legislative leadership committee; 54 (9) A commercial advertisement that refers to an owner, director or 55 officer of a business entity who is also a candidate and that had 56 previously been broadcast or appeared when the owner, director or 57 officer was not a candidate; 58 (10) A communication containing an endorsement on behalf of a 59 candidate for nomination or election to the office of Governor, 60 Lieutenant Governor, Secretary of the State, State Treasurer, State 61 Comptroller, Attorney General, state senator or state representative, 62 from a candidate for the office of Governor, Lieutenant Governor, 63 Secretary of the State, State Treasurer, State Comptroller, Attorney 64 General, state senator or state representative, shall not be an 65 expenditure attributable to the endorsing candidate, if the candidate 66 making the endorsement is unopposed at the time of the 67 communication; 68 (11) A communication that is sent by mail to addresses in the district 69 for which a candidate being endorsed by another candidate pursuant to 70 the provisions of this subdivision is seeking nomination or election to 71 the office of state senator or state representative, containing an 72 endorsement on behalf of such candidate for such nomination or 73 election, from a candidate for the office of state senator or state 74 representative, shall not be an expenditure attributable to the endorsing 75 candidate, if the candidate making the endorsement is not seeking 76 election to the office of state senator or state representative for a district 77 that contains any geographical area shared by the district for the office 78 Raised Bill No. 6904 LCO No. 5810 4 of 7 to which the endorsed candidate is seeking nomination or election; 79 (12) Campaign training events provided to multiple individuals by a 80 legislative caucus committee and any associated materials, provided the 81 cumulative value of such events and materials does not exceed six 82 thousand dollars in the aggregate for a calendar year; 83 (13) A lawful communication by any charitable organization which is 84 a tax-exempt organization under Section 501(c)(3) of the Internal 85 Revenue Code of 1986, or any subsequent corresponding internal 86 revenue code of the United States, as from time to time amended; 87 (14) The use of offices, telephones, computers and similar equipment 88 provided by a party committee, legislative caucus committee or 89 legislative leadership committee that serve as headquarters for or are 90 used by such party committee, legislative caucus committee or 91 legislative leadership committee; [or] 92 (15) An expense or expenses incurred by a human being acting alone 93 in an amount that is two hundred dollars or less, in the aggregate, that 94 benefits a candidate for a single election; or 95 (16) A solicitation via the Internet for a contribution to any committee, 96 provided any such contribution described in this subdivision shall be 97 construed to be an expenditure. 98 Sec. 2. Subsection (a) of section 9-612 of the general statutes is 99 repealed and the following is substituted in lieu thereof (Effective from 100 passage): 101 (a) No individual shall make a contribution or contributions in any 102 one calendar year in excess of [ten] fifteen thousand dollars to the state 103 central committee of any party, or for the benefit of such committee 104 pursuant to its authorization or request; or two thousand dollars to a 105 town committee of any political party, or for the benefit of such 106 committee pursuant to its authorization or request; or two thousand 107 dollars to a legislative caucus committee or legislative leadership 108 Raised Bill No. 6904 LCO No. 5810 5 of 7 committee, or one thousand dollars to any other political committee 109 other than (1) a political committee formed solely to aid or promote the 110 success or defeat of a referendum question, (2) an exploratory 111 committee, (3) a political committee established by an organization, or 112 for the benefit of such committee pursuant to its authorization or 113 request, or (4) a political committee formed by a slate of candidates in a 114 primary for the office of justice of the peace of the same town. 115 Sec. 3. Subdivision (2) of subsection (d) of section 9-618 of the general 116 statutes is repealed and the following is substituted in lieu thereof 117 (Effective from passage): 118 (2) No legislative caucus committee or legislative leadership 119 committee shall make a contribution or contributions in any calendar 120 year to, or for the benefit of, the state central committee of a political 121 party, in excess of [ten] fifteen thousand dollars. 122 Sec. 4. Subdivision (2) of subsection (d) of section 9-619 of the general 123 statutes is repealed and the following is substituted in lieu thereof 124 (Effective from passage): 125 (2) No legislative caucus committee or legislative leadership 126 committee shall make a contribution or contributions in any calendar 127 year to, or for the benefit of, the state central committee of a political 128 party, in excess of [ten] fifteen thousand dollars. 129 Sec. 5. Subdivision (1) of subsection (g) of section 9-7a of the general 130 statutes is repealed and the following is substituted in lieu thereof 131 (Effective from passage): 132 (g) (1) (A) In the case of a written complaint filed with the commission 133 pursuant to section 9-7b, commission staff shall conduct and complete a 134 preliminary examination of such complaint by the fourteenth day 135 following its receipt, at which time such staff shall, at its discretion, [(A)] 136 (i) dismiss the complaint for failure to allege any substantial violation of 137 state election law supported by evidence, [(B)] (ii) engage the 138 respondent in discussions in an effort to speedily resolve any matter 139 Raised Bill No. 6904 LCO No. 5810 6 of 7 pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 140 the complaint for a determination by the commission that probable 141 cause or no probable cause exists for any such violation. If commission 142 staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 143 subdivision, such staff shall provide a brief written statement concisely 144 setting forth the reasons for such dismissal. If commission staff engages 145 a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 146 but is unable to speedily resolve any such matter described in said 147 subparagraph by the forty-fifth day following receipt of the complaint, 148 such staff shall docket such complaint for a determination by the 149 commission that probable cause or no probable cause exists for any 150 violation of state election law. If the commission does not, by the sixtieth 151 day following receipt of the complaint, either issue a decision or render 152 its determination that probable cause or no probable cause exists for any 153 violation of state election laws, the complainant or respondent may 154 apply to the superior court for the judicial district of Hartford for an 155 order to show cause why the commission has not acted upon the 156 complaint and to provide evidence that the commission has 157 unreasonably delayed action. 158 (B) (i) For any complaint received on or after January 1, 2018, but prior 159 to July 1, 2023, if the commission does not, by one year following receipt 160 of such complaint, issue a decision thereon, the commission shall 161 dismiss such complaint, provided the length of time of any delay caused 162 by [(i)] (I) the commission or commission staff granting any extension 163 or continuance to a respondent prior to the issuance of any such 164 decision, [(ii)] (II) any subpoena issued in connection with such 165 complaint, [(iii)] (III) any litigation in state or federal court related to 166 such complaint, or [(iv)] (IV) any investigation by, or consultation of the 167 commission or commission staff with, the Chief State's Attorney, the 168 Attorney General, the United States Department of Justice or the United 169 States Attorney for Connecticut related to such complaint, shall be 170 added to such one year. 171 (ii) For any complaint received on or after July 1, 2023, if the 172 commission does not, by one year following receipt of such complaint, 173 Raised Bill No. 6904 LCO No. 5810 7 of 7 find reason to believe that a violation of state election law has been 174 committed and commence a contested case, as defined in section 4-166, 175 the commission shall dismiss such complaint, provided the length of 176 time of any delay caused by (I) the commission or commission staff 177 granting any extension or continuance to a respondent prior to the 178 issuance of any such decision, (II) any subpoena issued in connection 179 with such complaint, (III) any litigation in state or federal court related 180 to such complaint, (IV) any investigation by the commission or 181 commission staff involving a potential violation of state election law by 182 a foreign national or of section 9-601c or 9-601d, or (V) any investigation 183 by, or consultation of the commission or commission staff with, the 184 Chief State's Attorney, the Attorney General, the United States 185 Department of Justice or the United States Attorney for Connecticut 186 related to such complaint, shall be added to such one year. 187 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 9-601b(b) Sec. 2 from passage 9-612(a) Sec. 3 from passage 9-618(d)(2) Sec. 4 from passage 9-619(d)(2) Sec. 5 from passage 9-7a(g)(1) Statement of Purpose: To (1) specify that certain online solicitations for political contributions are excluded from the definition of "expenditure", (2) increase the limit on contributions to state central committees, and (3) allow extensions to the required dismissal time frame for investigations by the State Elections Enforcement Commission concerning foreign spending and independent expenditures. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]