CT
Connecticut House Bill HB06904

Connecticut 2023 Regular Session

Connecticut House Bill HB06904 Compare Versions

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7-General Assembly Substitute Bill No. 6904
5+General Assembly Raised Bill No. 6904
86 January Session, 2023
7+LCO No. 5810
98
9+
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
12+
13+
14+Introduced by:
15+(GAE)
1016
1117
1218
1319
1420 AN ACT CONCERNING CAMPAIGN FINANCE.
1521 Be it enacted by the Senate and House of Representatives in General
1622 Assembly convened:
1723
1824 Section 1. Subsection (b) of section 9-601b of the general statutes is 1
1925 repealed and the following is substituted in lieu thereof (Effective from 2
2026 passage): 3
2127 (b) The term "expenditure" does not mean: 4
2228 (1) A loan of money, made in the ordinary course of business, by a 5
2329 state or national bank; 6
2430 (2) A communication made by any corporation, organization or 7
2531 association solely to its members, owners, stockholders, executive or 8
2632 administrative personnel, or their families; 9
27-(3) Nonpartisan voter registration and get-out-the-vote campaigns 10
28-by any corporation, organization or association aimed at its members, 11
33+(3) Nonpartisan voter registration and get-out-the-vote campaigns by 10
34+any corporation, organization or association aimed at its members, 11
2935 owners, stockholders, executive or administrative personnel, or their 12
30-families; 13
36+families; 13 Raised Bill No. 6904
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3142 (4) Uncompensated services provided by individuals volunteering 14
3243 their time on behalf of a party committee, political committee, slate 15
33-committee or candidate committee, including any services provided 16
34-for the benefit of nonparticipating and participating candidates under 17 Substitute Bill No. 6904
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41-the Citizens' Election Program and any unreimbursed travel expenses 18
42-made by an individual who volunteers the individual's personal 19
43-services to any such committee. For purposes of this subdivision, an 20
44-individual is a volunteer if such individual is not receiving 21
45-compensation for such services regardless of whether such individual 22
46-received compensation in the past or may receive compensation for 23
47-similar services that may be performed in the future; 24
48-(5) Any news story, commentary or editorial distributed through 25
49-the facilities of any broadcasting station, newspaper, magazine or 26
50-other periodical, unless such facilities are owned or controlled by any 27
51-political party, committee or candidate; 28
44+committee or candidate committee, including any services provided for 16
45+the benefit of nonparticipating and participating candidates under the 17
46+Citizens' Election Program and any unreimbursed travel expenses made 18
47+by an individual who volunteers the individual's personal services to 19
48+any such committee. For purposes of this subdivision, an individual is 20
49+a volunteer if such individual is not receiving compensation for such 21
50+services regardless of whether such individual received compensation 22
51+in the past or may receive compensation for similar services that may be 23
52+performed in the future; 24
53+(5) Any news story, commentary or editorial distributed through the 25
54+facilities of any broadcasting station, newspaper, magazine or other 26
55+periodical, unless such facilities are owned or controlled by any political 27
56+party, committee or candidate; 28
5257 (6) The use of real or personal property, a portion or all of the cost of 29
5358 invitations and the cost of food or beverages, voluntarily provided by 30
5459 an individual to a candidate, including a nonparticipating or 31
5560 participating candidate under the Citizens' Election Program, or to a 32
5661 party, political or slate committee, in rendering voluntary personal 33
5762 services at the individual's residential premises or a community room 34
5863 in the individual's residence facility, to the extent that the cumulative 35
59-value of the invitations, food or beverages provided by an individual 36
60-on behalf of any candidate or committee does not exceed four hundred 37
64+value of the invitations, food or beverages provided by an individual on 36
65+behalf of any candidate or committee does not exceed four hundred 37
6166 dollars with respect to any single event or does not exceed eight 38
6267 hundred dollars for any such event hosted by two or more individuals, 39
6368 provided at least one such individual owns or resides at the residential 40
6469 premises, and further provided the cumulative value of the invitations, 41
6570 food or beverages provided by an individual on behalf of any such 42
6671 candidate or committee does not exceed eight hundred dollars with 43
6772 respect to a calendar year or single election, as the case may be; 44
68-(7) A communication described in subdivision (2) of subsection (a) 45
69-of this section that includes speech or expression made (A) prior to the 46
73+(7) A communication described in subdivision (2) of subsection (a) of 45
74+this section that includes speech or expression made (A) prior to the 46 Raised Bill No. 6904
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7080 ninety-day period preceding the date of a primary or an election at 47
7181 which the clearly identified candidate or candidates are seeking 48
7282 nomination to public office or position, that is made for the purpose of 49
73-influencing any legislative or administrative action, as defined in 50 Substitute Bill No. 6904
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80-section 1-91, or executive action, or (B) during a legislative session for 51
81-the purpose of influencing legislative action; 52
83+influencing any legislative or administrative action, as defined in section 50
84+1-91, or executive action, or (B) during a legislative session for the 51
85+purpose of influencing legislative action; 52
8286 (8) An organization expenditure by a party committee, legislative 53
8387 caucus committee or legislative leadership committee; 54
8488 (9) A commercial advertisement that refers to an owner, director or 55
8589 officer of a business entity who is also a candidate and that had 56
8690 previously been broadcast or appeared when the owner, director or 57
8791 officer was not a candidate; 58
8892 (10) A communication containing an endorsement on behalf of a 59
8993 candidate for nomination or election to the office of Governor, 60
9094 Lieutenant Governor, Secretary of the State, State Treasurer, State 61
9195 Comptroller, Attorney General, state senator or state representative, 62
9296 from a candidate for the office of Governor, Lieutenant Governor, 63
9397 Secretary of the State, State Treasurer, State Comptroller, Attorney 64
9498 General, state senator or state representative, shall not be an 65
9599 expenditure attributable to the endorsing candidate, if the candidate 66
96100 making the endorsement is unopposed at the time of the 67
97101 communication; 68
98102 (11) A communication that is sent by mail to addresses in the district 69
99-for which a candidate being endorsed by another candidate pursuant 70
100-to the provisions of this subdivision is seeking nomination or election 71
101-to the office of state senator or state representative, containing an 72
103+for which a candidate being endorsed by another candidate pursuant to 70
104+the provisions of this subdivision is seeking nomination or election to 71
105+the office of state senator or state representative, containing an 72
102106 endorsement on behalf of such candidate for such nomination or 73
103107 election, from a candidate for the office of state senator or state 74
104-representative, shall not be an expenditure attributable to the 75
105-endorsing candidate, if the candidate making the endorsement is not 76
106-seeking election to the office of state senator or state representative for 77
107-a district that contains any geographical area shared by the district for 78
108-the office to which the endorsed candidate is seeking nomination or 79
109-election; 80
110-(12) Campaign training events provided to multiple individuals by 81 Substitute Bill No. 6904
108+representative, shall not be an expenditure attributable to the endorsing 75
109+candidate, if the candidate making the endorsement is not seeking 76
110+election to the office of state senator or state representative for a district 77
111+that contains any geographical area shared by the district for the office 78 Raised Bill No. 6904
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117-a legislative caucus committee and any associated materials, provided 82
118-the cumulative value of such events and materials does not exceed six 83
119-thousand dollars in the aggregate for a calendar year; 84
120-(13) A lawful communication by any charitable organization which 85
121-is a tax-exempt organization under Section 501(c)(3) of the Internal 86
122-Revenue Code of 1986, or any subsequent corresponding internal 87
123-revenue code of the United States, as from time to time amended; 88
124-(14) The use of offices, telephones, computers and similar 89
125-equipment provided by a party committee, legislative caucus 90
126-committee or legislative leadership committee that serve as 91
127-headquarters for or are used by such party committee, legislative 92
128-caucus committee or legislative leadership committee; [or] 93
129-(15) An expense or expenses incurred by a human being acting 94
130-alone in an amount that is two hundred dollars or less, in the 95
131-aggregate, that benefits a candidate for a single election; or 96
132-(16) A solicitation via the Internet for a contribution to any 97
133-committee, provided any such contribution described in this 98
134-subdivision shall be construed to be an expenditure. 99
135-Sec. 2. Subsection (a) of section 9-612 of the general statutes is 100
136-repealed and the following is substituted in lieu thereof (Effective from 101
137-passage): 102
138-(a) No individual shall make a contribution or contributions in any 103
139-one calendar year in excess of [ten] fifteen thousand dollars to the state 104
140-central committee of any party, or for the benefit of such committee 105
141-pursuant to its authorization or request; or two thousand dollars to a 106
142-town committee of any political party, or for the benefit of such 107
143-committee pursuant to its authorization or request; or two thousand 108
144-dollars to a legislative caucus committee or legislative leadership 109
145-committee, or one thousand dollars to any other political committee 110
146-other than (1) a political committee formed solely to aid or promote the 111
147-success or defeat of a referendum question, (2) an exploratory 112 Substitute Bill No. 6904
115+LCO No. 5810 4 of 7
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117+to which the endorsed candidate is seeking nomination or election; 79
118+(12) Campaign training events provided to multiple individuals by a 80
119+legislative caucus committee and any associated materials, provided the 81
120+cumulative value of such events and materials does not exceed six 82
121+thousand dollars in the aggregate for a calendar year; 83
122+(13) A lawful communication by any charitable organization which is 84
123+a tax-exempt organization under Section 501(c)(3) of the Internal 85
124+Revenue Code of 1986, or any subsequent corresponding internal 86
125+revenue code of the United States, as from time to time amended; 87
126+(14) The use of offices, telephones, computers and similar equipment 88
127+provided by a party committee, legislative caucus committee or 89
128+legislative leadership committee that serve as headquarters for or are 90
129+used by such party committee, legislative caucus committee or 91
130+legislative leadership committee; [or] 92
131+(15) An expense or expenses incurred by a human being acting alone 93
132+in an amount that is two hundred dollars or less, in the aggregate, that 94
133+benefits a candidate for a single election; or 95
134+(16) A solicitation via the Internet for a contribution to any committee, 96
135+provided any such contribution described in this subdivision shall be 97
136+construed to be an expenditure. 98
137+Sec. 2. Subsection (a) of section 9-612 of the general statutes is 99
138+repealed and the following is substituted in lieu thereof (Effective from 100
139+passage): 101
140+(a) No individual shall make a contribution or contributions in any 102
141+one calendar year in excess of [ten] fifteen thousand dollars to the state 103
142+central committee of any party, or for the benefit of such committee 104
143+pursuant to its authorization or request; or two thousand dollars to a 105
144+town committee of any political party, or for the benefit of such 106
145+committee pursuant to its authorization or request; or two thousand 107
146+dollars to a legislative caucus committee or legislative leadership 108 Raised Bill No. 6904
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154-committee, (3) a political committee established by an organization, or 113
155-for the benefit of such committee pursuant to its authorization or 114
156-request, or (4) a political committee formed by a slate of candidates in 115
157-a primary for the office of justice of the peace of the same town. 116
158-Sec. 3. Subdivision (1) of subsection (g) of section 9-7a of the general 117
159-statutes is repealed and the following is substituted in lieu thereof 118
160-(Effective from passage): 119
161-(g) (1) (A) In the case of a written complaint filed with the 120
162-commission pursuant to section 9-7b, commission staff shall conduct 121
163-and complete a preliminary examination of such complaint by the 122
164-fourteenth day following its receipt, at which time such staff shall, at 123
165-its discretion, [(A)] (i) dismiss the complaint for failure to allege any 124
166-substantial violation of state election law supported by evidence, [(B)] 125
167-(ii) engage the respondent in discussions in an effort to speedily 126
168-resolve any matter pertaining to a de minimis violation, or [(C)] (iii) 127
169-investigate and docket the complaint for a determination by the 128
170-commission that probable cause or no probable cause exists for any 129
171-such violation. If commission staff dismisses a complaint pursuant to 130
172-subparagraph [(A)] (A)(i) of this subdivision, such staff shall provide a 131
173-brief written statement concisely setting forth the reasons for such 132
174-dismissal. If commission staff engages a respondent pursuant to 133
175-subparagraph [(B)] (A)(ii) of this subdivision but is unable to speedily 134
176-resolve any such matter described in said subparagraph by the forty-135
177-fifth day following receipt of the complaint, such staff shall docket 136
178-such complaint for a determination by the commission that probable 137
179-cause or no probable cause exists for any violation of state election law. 138
180-If the commission does not, by the sixtieth day following receipt of the 139
181-complaint, either issue a decision or render its determination that 140
182-probable cause or no probable cause exists for any violation of state 141
183-election laws, the complainant or respondent may apply to the 142
184-superior court for the judicial district of Hartford for an order to show 143
185-cause why the commission has not acted upon the complaint and to 144
186-provide evidence that the commission has unreasonably delayed 145 Substitute Bill No. 6904
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152+committee, or one thousand dollars to any other political committee 109
153+other than (1) a political committee formed solely to aid or promote the 110
154+success or defeat of a referendum question, (2) an exploratory 111
155+committee, (3) a political committee established by an organization, or 112
156+for the benefit of such committee pursuant to its authorization or 113
157+request, or (4) a political committee formed by a slate of candidates in a 114
158+primary for the office of justice of the peace of the same town. 115
159+Sec. 3. Subdivision (2) of subsection (d) of section 9-618 of the general 116
160+statutes is repealed and the following is substituted in lieu thereof 117
161+(Effective from passage): 118
162+(2) No legislative caucus committee or legislative leadership 119
163+committee shall make a contribution or contributions in any calendar 120
164+year to, or for the benefit of, the state central committee of a political 121
165+party, in excess of [ten] fifteen thousand dollars. 122
166+Sec. 4. Subdivision (2) of subsection (d) of section 9-619 of the general 123
167+statutes is repealed and the following is substituted in lieu thereof 124
168+(Effective from passage): 125
169+(2) No legislative caucus committee or legislative leadership 126
170+committee shall make a contribution or contributions in any calendar 127
171+year to, or for the benefit of, the state central committee of a political 128
172+party, in excess of [ten] fifteen thousand dollars. 129
173+Sec. 5. Subdivision (1) of subsection (g) of section 9-7a of the general 130
174+statutes is repealed and the following is substituted in lieu thereof 131
175+(Effective from passage): 132
176+(g) (1) (A) In the case of a written complaint filed with the commission 133
177+pursuant to section 9-7b, commission staff shall conduct and complete a 134
178+preliminary examination of such complaint by the fourteenth day 135
179+following its receipt, at which time such staff shall, at its discretion, [(A)] 136
180+(i) dismiss the complaint for failure to allege any substantial violation of 137
181+state election law supported by evidence, [(B)] (ii) engage the 138
182+respondent in discussions in an effort to speedily resolve any matter 139 Raised Bill No. 6904
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193-action. 146
194-(B) (i) For any complaint received on or after January 1, 2018, but 147
195-prior to July 1, 2023, if the commission does not, by one year following 148
196-receipt of such complaint, issue a decision thereon, the commission 149
197-shall dismiss such complaint, provided the length of time of any delay 150
198-caused by [(i)] (I) the commission or commission staff granting any 151
199-extension or continuance to a respondent prior to the issuance of any 152
200-such decision, [(ii)] (II) any subpoena issued in connection with such 153
201-complaint, [(iii)] (III) any litigation in state or federal court related to 154
202-such complaint, or [(iv)] (IV) any investigation by, or consultation of 155
203-the commission or commission staff with, the Chief State's Attorney, 156
204-the Attorney General, the United States Department of Justice or the 157
205-United States Attorney for Connecticut related to such complaint, shall 158
206-be added to such one year. 159
207-(ii) For any complaint received on or after July 1, 2023, if the 160
208-commission does not, by one year following receipt of such complaint, 161
209-find reason to believe that a violation of state election law has been 162
210-committed and commence a contested case, as defined in section 4-166, 163
211-the commission shall dismiss such complaint, provided the length of 164
212-time of any delay caused by (I) the commission or commission staff 165
213-granting any extension or continuance to a respondent prior to the 166
214-issuance of any such decision, (II) any subpoena issued in connection 167
215-with such complaint, (III) any litigation in state or federal court related 168
216-to such complaint, (IV) any investigation by the commission or 169
217-commission staff involving a potential violation of state election law by 170
218-a foreign national, as defined in 52 USC 30121(b), as amended from 171
219-time to time, or of section 9-601c or 9-601d, or (V) any investigation by, 172
220-or consultation of the commission or commission staff with, the Chief 173
221-State's Attorney, the Attorney General, the United States Department 174
222-of Justice or the United States Attorney for Connecticut related to such 175
223-complaint, shall be added to such one year. 176 Substitute Bill No. 6904
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188+pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 140
189+the complaint for a determination by the commission that probable 141
190+cause or no probable cause exists for any such violation. If commission 142
191+staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 143
192+subdivision, such staff shall provide a brief written statement concisely 144
193+setting forth the reasons for such dismissal. If commission staff engages 145
194+a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 146
195+but is unable to speedily resolve any such matter described in said 147
196+subparagraph by the forty-fifth day following receipt of the complaint, 148
197+such staff shall docket such complaint for a determination by the 149
198+commission that probable cause or no probable cause exists for any 150
199+violation of state election law. If the commission does not, by the sixtieth 151
200+day following receipt of the complaint, either issue a decision or render 152
201+its determination that probable cause or no probable cause exists for any 153
202+violation of state election laws, the complainant or respondent may 154
203+apply to the superior court for the judicial district of Hartford for an 155
204+order to show cause why the commission has not acted upon the 156
205+complaint and to provide evidence that the commission has 157
206+unreasonably delayed action. 158
207+(B) (i) For any complaint received on or after January 1, 2018, but prior 159
208+to July 1, 2023, if the commission does not, by one year following receipt 160
209+of such complaint, issue a decision thereon, the commission shall 161
210+dismiss such complaint, provided the length of time of any delay caused 162
211+by [(i)] (I) the commission or commission staff granting any extension 163
212+or continuance to a respondent prior to the issuance of any such 164
213+decision, [(ii)] (II) any subpoena issued in connection with such 165
214+complaint, [(iii)] (III) any litigation in state or federal court related to 166
215+such complaint, or [(iv)] (IV) any investigation by, or consultation of the 167
216+commission or commission staff with, the Chief State's Attorney, the 168
217+Attorney General, the United States Department of Justice or the United 169
218+States Attorney for Connecticut related to such complaint, shall be 170
219+added to such one year. 171
220+(ii) For any complaint received on or after July 1, 2023, if the 172
221+commission does not, by one year following receipt of such complaint, 173 Raised Bill No. 6904
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227+find reason to believe that a violation of state election law has been 174
228+committed and commence a contested case, as defined in section 4-166, 175
229+the commission shall dismiss such complaint, provided the length of 176
230+time of any delay caused by (I) the commission or commission staff 177
231+granting any extension or continuance to a respondent prior to the 178
232+issuance of any such decision, (II) any subpoena issued in connection 179
233+with such complaint, (III) any litigation in state or federal court related 180
234+to such complaint, (IV) any investigation by the commission or 181
235+commission staff involving a potential violation of state election law by 182
236+a foreign national or of section 9-601c or 9-601d, or (V) any investigation 183
237+by, or consultation of the commission or commission staff with, the 184
238+Chief State's Attorney, the Attorney General, the United States 185
239+Department of Justice or the United States Attorney for Connecticut 186
240+related to such complaint, shall be added to such one year. 187
230241 This act shall take effect as follows and shall amend the following
231242 sections:
232243
233244 Section 1 from passage 9-601b(b)
234245 Sec. 2 from passage 9-612(a)
235-Sec. 3 from passage 9-7a(g)(1)
246+Sec. 3 from passage 9-618(d)(2)
247+Sec. 4 from passage 9-619(d)(2)
248+Sec. 5 from passage 9-7a(g)(1)
236249
237-GAE Joint Favorable Subst.
250+Statement of Purpose:
251+To (1) specify that certain online solicitations for political contributions
252+are excluded from the definition of "expenditure", (2) increase the limit
253+on contributions to state central committees, and (3) allow extensions to
254+the required dismissal time frame for investigations by the State
255+Elections Enforcement Commission concerning foreign spending and
256+independent expenditures.
257+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
258+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
259+underlined.]
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