Connecticut 2023 Regular Session

Connecticut House Bill HB06904 Latest Draft

Bill / Comm Sub Version Filed 04/12/2023

                             
 
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General Assembly  Substitute Bill No. 6904  
January Session, 2023 
 
 
 
 
 
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repealed and the following is substituted in lieu thereof (Effective from 2 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 10 
by any corporation, organization or association aimed at its members, 11 
owners, stockholders, executive or administrative personnel, or their 12 
families; 13 
(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 16 
for the benefit of nonparticipating and participating candidates under 17  Substitute Bill No. 6904 
 
 
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the Citizens' Election Program and any unreimbursed travel expenses 18 
made by an individual who volunteers the individual's personal 19 
services to any such committee. For purposes of this subdivision, an 20 
individual is a volunteer if such individual is not receiving 21 
compensation for such services regardless of whether such individual 22 
received compensation in the past or may receive compensation for 23 
similar services that may be performed in the future; 24 
(5) Any news story, commentary or editorial distributed through 25 
the facilities of any broadcasting station, newspaper, magazine or 26 
other periodical, unless such facilities are owned or controlled by any 27 
political 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 36 
on 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) 45 
of this section that includes speech or expression made (A) prior to the 46 
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 50  Substitute Bill No. 6904 
 
 
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section 1-91, or executive action, or (B) during a legislative session for 51 
the 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 70 
to the provisions of this subdivision is seeking nomination or election 71 
to 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 75 
endorsing candidate, if the candidate making the endorsement is not 76 
seeking election to the office of state senator or state representative for 77 
a district that contains any geographical area shared by the district for 78 
the office to which the endorsed candidate is seeking nomination or 79 
election; 80 
(12) Campaign training events provided to multiple individuals by 81  Substitute Bill No. 6904 
 
 
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a legislative caucus committee and any associated materials, provided 82 
the cumulative value of such events and materials does not exceed six 83 
thousand dollars in the aggregate for a calendar year; 84 
(13) A lawful communication by any charitable organization which 85 
is a tax-exempt organization under Section 501(c)(3) of the Internal 86 
Revenue Code of 1986, or any subsequent corresponding internal 87 
revenue code of the United States, as from time to time amended; 88 
(14) The use of offices, telephones, computers and similar 89 
equipment provided by a party committee, legislative caucus 90 
committee or legislative leadership committee that serve as 91 
headquarters for or are used by such party committee, legislative 92 
caucus committee or legislative leadership committee; [or] 93 
(15) An expense or expenses incurred by a human being acting 94 
alone in an amount that is two hundred dollars or less, in the 95 
aggregate, that benefits a candidate for a single election; or 96 
(16) A solicitation via the Internet for a contribution to any 97 
committee, provided any such contribution described in this 98 
subdivision shall be construed to be an expenditure. 99 
Sec. 2. Subsection (a) of section 9-612 of the general statutes is 100 
repealed and the following is substituted in lieu thereof (Effective from 101 
passage): 102 
(a) No individual shall make a contribution or contributions in any 103 
one calendar year in excess of [ten] fifteen thousand dollars to the state 104 
central committee of any party, or for the benefit of such committee 105 
pursuant to its authorization or request; or two thousand dollars to a 106 
town committee of any political party, or for the benefit of such 107 
committee pursuant to its authorization or request; or two thousand 108 
dollars to a legislative caucus committee or legislative leadership 109 
committee, or one thousand dollars to any other political committee 110 
other than (1) a political committee formed solely to aid or promote the 111 
success or defeat of a referendum question, (2) an exploratory 112  Substitute Bill No. 6904 
 
 
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committee, (3) a political committee established by an organization, or 113 
for the benefit of such committee pursuant to its authorization or 114 
request, or (4) a political committee formed by a slate of candidates in 115 
a primary for the office of justice of the peace of the same town. 116 
Sec. 3. Subdivision (1) of subsection (g) of section 9-7a of the general 117 
statutes is repealed and the following is substituted in lieu thereof 118 
(Effective from passage): 119 
(g) (1) (A) In the case of a written complaint filed with the 120 
commission pursuant to section 9-7b, commission staff shall conduct 121 
and complete a preliminary examination of such complaint by the 122 
fourteenth day following its receipt, at which time such staff shall, at 123 
its discretion, [(A)] (i) dismiss the complaint for failure to allege any 124 
substantial violation of state election law supported by evidence, [(B)] 125 
(ii) engage the respondent in discussions in an effort to speedily 126 
resolve any matter pertaining to a de minimis violation, or [(C)] (iii) 127 
investigate and docket the complaint for a determination by the 128 
commission that probable cause or no probable cause exists for any 129 
such violation. If commission staff dismisses a complaint pursuant to 130 
subparagraph [(A)] (A)(i) of this subdivision, such staff shall provide a 131 
brief written statement concisely setting forth the reasons for such 132 
dismissal. If commission staff engages a respondent pursuant to 133 
subparagraph [(B)] (A)(ii) of this subdivision but is unable to speedily 134 
resolve any such matter described in said subparagraph by the forty-135 
fifth day following receipt of the complaint, such staff shall docket 136 
such complaint for a determination by the commission that probable 137 
cause or no probable cause exists for any violation of state election law. 138 
If the commission does not, by the sixtieth day following receipt of the 139 
complaint, either issue a decision or render its determination that 140 
probable cause or no probable cause exists for any violation of state 141 
election laws, the complainant or respondent may apply to the 142 
superior court for the judicial district of Hartford for an order to show 143 
cause why the commission has not acted upon the complaint and to 144 
provide evidence that the commission has unreasonably delayed 145  Substitute Bill No. 6904 
 
 
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action. 146 
(B) (i) For any complaint received on or after January 1, 2018, but 147 
prior to July 1, 2023, if the commission does not, by one year following 148 
receipt of such complaint, issue a decision thereon, the commission 149 
shall dismiss such complaint, provided the length of time of any delay 150 
caused by [(i)] (I) the commission or commission staff granting any 151 
extension or continuance to a respondent prior to the issuance of any 152 
such decision, [(ii)] (II) any subpoena issued in connection with such 153 
complaint, [(iii)] (III) any litigation in state or federal court related to 154 
such complaint, or [(iv)] (IV) any investigation by, or consultation of 155 
the commission or commission staff with, the Chief State's Attorney, 156 
the Attorney General, the United States Department of Justice or the 157 
United States Attorney for Connecticut related to such complaint, shall 158 
be added to such one year. 159 
(ii) For any complaint received on or after July 1, 2023, if the 160 
commission does not, by one year following receipt of such complaint, 161 
find reason to believe that a violation of state election law has been 162 
committed and commence a contested case, as defined in section 4-166, 163 
the commission shall dismiss such complaint, provided the length of 164 
time of any delay caused by (I) the commission or commission staff 165 
granting any extension or continuance to a respondent prior to the 166 
issuance of any such decision, (II) any subpoena issued in connection 167 
with such complaint, (III) any litigation in state or federal court related 168 
to such complaint, (IV) any investigation by the commission or 169 
commission staff involving a potential violation of state election law by 170 
a foreign national, as defined in 52 USC 30121(b), as amended from 171 
time to time, or of section 9-601c or 9-601d, or (V) any investigation by, 172 
or consultation of the commission or commission staff with, the Chief 173 
State's Attorney, the Attorney General, the United States Department 174 
of Justice or the United States Attorney for Connecticut related to such 175 
complaint, shall be added to such one year. 176  Substitute Bill No. 6904 
 
 
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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 9-7a(g)(1) 
 
GAE Joint Favorable Subst.