LCO \\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225-R01- SB.docx 1 of 30 General Assembly Substitute Bill No. 1225 January Session, 2023 AN ACT CONCERNING REFERENDA, INDEPENDENT EXPENDITURES, STATE ELECTIONS ENFORCEMENT COMMISSION COMPLAINTS AND REPAYMENT OF SURPLUS CITIZENS' ELECTION PROGRAM GRANT FUNDS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 9-601 of the general statutes is amended by adding 1 subdivision (33) as follows (Effective from passage): 2 (NEW) (33) "Independent expenditure political committee" means a 3 political committee that makes only (A) independent expenditures (i) to 4 promote the success or defeat of any candidate seeking (I) the 5 nomination for election, or (II) election, or (ii) for the purpose of aiding 6 or promoting the success or defeat of any (I) referendum question, or 7 (II) political party, and (B) contributions to other independent 8 expenditure political committees. 9 Sec. 2. Subdivision (3) of section 9-601 of the general statutes is 10 repealed and the following is substituted in lieu thereof (Effective from 11 passage): 12 (3) "Political committee" means (A) a committee organized by a 13 business entity or organization, (B) persons other than individuals, or 14 two or more individuals organized or acting jointly conducting their 15 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 2 of 30 activities in or outside the state, (C) an exploratory committee, (D) a 16 committee established by or on behalf of a slate of candidates in a 17 primary for the office of justice of the peace, but does not mean a 18 candidate committee or a party committee, (E) a legislative caucus 19 committee, [or] (F) a legislative leadership committee, or (G) an 20 independent expenditure political committee. 21 Sec. 3. Section 9-601c of the general statutes is amended by adding 22 subsection (e) as follows (Effective from passage): 23 (NEW) (e) Notwithstanding the provisions of subsections (a) to (d), 24 inclusive, of this section, an independent expenditure political 25 committee may coordinate with one or more other independent 26 expenditure political committees for the purpose of making one or more 27 independent expenditures. 28 Sec. 4. Subsections (a) to (i), inclusive, of section 9-601d of the general 29 statutes are repealed and the following is substituted in lieu thereof 30 (Effective from passage): 31 (a) Any person [, as defined in section 9-601,] may, unless otherwise 32 restricted or prohibited by law, including, but not limited to, any 33 provision of this chapter or chapter 157, make unlimited independent 34 expenditures [, as defined in section 9-601c,] and accept unlimited 35 covered transfers. [, as defined in said section 9-601.] Except as provided 36 [pursuant to] in this section, any such person who makes or obligates to 37 make an independent expenditure or expenditures in excess of one 38 thousand dollars, in the aggregate, shall file statements according to the 39 same schedule and in the same manner as is required of a treasurer of a 40 [candidate] political committee pursuant to section 9-608, as amended 41 by this act. Any such person, other than a committee, shall file with the 42 proper authority, as provided in section 9-603, (1) a long-form report 43 and a short-form report pursuant to subsection (c) of this section for 44 such independent expenditure or expenditures, and (2) a short-form 45 report pursuant to subsection (d) of this section for each subsequent 46 independent expenditure made or obligated to be made. 47 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 3 of 30 (b) Any person who makes or obligates to make an independent 48 expenditure or expenditures in an election or primary for the office of 49 Governor, Lieutenant Governor, Secretary of the State, State Treasurer, 50 State Comptroller, Attorney General, state senator or state 51 representative, [which] or to promote the success or defeat of a 52 referendum question proposing a constitutional convention, 53 constitutional amendment or revision of the Constitution, that exceed 54 one thousand dollars, in the aggregate, during [a primary campaign or 55 a general election campaign, as defined in section 9-700, shall file, 56 electronically, a long-form and a short-form report of such independent 57 expenditure or expenditures with the State Elections Enforcement 58 Commission pursuant to subsections (c) and (d) of this section. The 59 person that makes or obligates to make such independent expenditure 60 or expenditures shall file such reports] the period beginning on June first 61 in the year of a regular election, or on the day the Governor issues writs 62 of election pursuant to section 9-215 in the case of a special election for 63 the office of state senator or state representative, and ending on the day 64 following the primary or election for which such person made or 65 obligated to make such independent expenditure or expenditures, shall 66 electronically file, in the case of a committee, a report pursuant to section 67 9-608, as amended by this act, or, in the case of any person other than a 68 committee, a long-form report and a short-form report pursuant to 69 subsections (c) and (d) of this section not later than twenty-four hours 70 after (1) making any such payment, or (2) obligating to make any such 71 payment, with respect to the primary, [or] election [. If any such person 72 makes or incurs a subsequent independent expenditure, such person 73 shall report such expenditure pursuant to subsection (d) of this section] 74 or referendum. In the case of a special election for the office of state 75 senator or state representative, if any person makes or obligates to make 76 an independent expenditure or expenditures for such special election 77 that exceeds one thousand dollars, in the aggregate, prior to the day the 78 Governor issues writs of election pursuant to section 9-215, such person 79 shall file a report not later than twenty-four hours after such writs of 80 election are issued. Such reports shall be filed under penalty of false 81 statement. 82 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 4 of 30 (c) The independent expenditure long-form report shall identify: (1) 83 The name of the person making or obligating to make such independent 84 expenditure or expenditures and, in the case of a person other than an 85 individual, provide (A) the name of a human being who had direct, 86 extensive and substantive decision-making authority over such 87 independent expenditure or expenditures, and (B) a certification that the 88 person making such independent expenditure is not a foreign national, 89 as defined in 52 USC 30121(b), as amended from time to time; (2) the tax 90 exempt status of such person and, if [applicable] such person files a 91 report with the Federal Election Commission, the Internal Revenue 92 Service or any similar out-of-state agency, provide identifying 93 information under which any such filing is made; (3) the mailing 94 address, and street address if different, of such person; (4) the principal 95 business address of the person, if different from either the mailing 96 address or street address; (5) the mailing address, and street address if 97 different, telephone number and electronic mail address of the agent for 98 service of process in this state of such person and of the human being 99 described in subparagraph (A) of subdivision (1) of this subsection; (6) 100 the date of the primary, [or] election or referendum for which [the] such 101 independent expenditure or expenditures were made or obligated to be 102 made; (7) the name of any candidate who, or the text of any referendum 103 question that, was the subject of [any] such independent expenditure or 104 expenditures and whether [the] such independent expenditure or 105 expenditures were in support of or in opposition to such candidate or 106 referendum question; and (8) the name, telephone number and 107 electronic mail address for the individual filing such report. Such 108 individual filing such report shall, under penalty of false statement, 109 affirm that the expenditure reported is an independent expenditure. 110 [under penalty of false statement.] 111 (d) As part of any filing made pursuant to subsection (c) of this 112 section and for each subsequent independent expenditure made or 113 obligated to be made by a person with respect to the primary, [or] 114 election or referendum for which a long-form report pursuant to 115 subsection (c) of this section has been filed on behalf of such person, an 116 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 5 of 30 individual shall file [, electronically,] a short-form report for each such 117 independent expenditure. [, not later than twenty-four hours after such 118 person makes a payment for an independent expenditure or obligates 119 to make such an independent expenditure.] Such short-form report shall 120 identify: (1) The name of the person making or obligating to make such 121 independent expenditure; (2) the amount of the independent 122 expenditure; (3) whether the independent expenditure was in support 123 of or in opposition to a candidate or referendum question and the name 124 of such candidate or text of such referendum question; (4) a brief 125 description of the independent expenditure made, including the type of 126 communication, based on categories determined by the State Elections 127 Enforcement Commission, and the allocation of such independent 128 expenditure in support of or in opposition to each such candidate or 129 referendum question, if such independent expenditure was made in 130 support of or in opposition to more than one candidate or question; and 131 (5) the name, telephone number and electronic mail address for the 132 individual filing such report. Such individual filing such report shall, 133 under penalty of false statement, affirm that the expenditure reported is 134 an independent expenditure. [under penalty of false statement.] 135 (e) No person reporting an independent expenditure pursuant to the 136 provisions of subsection (c) or (d) of this section shall be required to file 137 a statement pursuant to section 9-608, as amended by this act, for such 138 independent expenditure. 139 (f) (1) Except as provided in subdivision (2) of this subsection, as part 140 of any statement filed pursuant to this section, if a person who makes or 141 obligates to make an independent expenditure (A) has received a 142 covered transfer during the twelve-month period prior to (i) a primary 143 or election, as applicable to the reported independent expenditure, for 144 an office that a candidate described in subdivision (7) of subsection (c) 145 of this section is seeking, or (ii) a referendum on a question proposing a 146 constitutional convention, constitutional amendment or revision of the 147 Constitution, and (B) such independent expenditure is made or 148 obligated to be made on or after the date that is one hundred eighty days 149 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 6 of 30 prior to such primary, [or] election or referendum, such person shall 150 disclose the source and the amount of any such covered transfer such 151 person received that is in an amount that is five thousand dollars or 152 more, in the aggregate, during the twelve-month period prior to such 153 primary, [or] election or referendum, as applicable to the reported 154 independent expenditure. 155 (2) The provisions of subdivision (1) of this subsection shall not apply 156 to any person who discloses the source and amount of a covered transfer 157 described in subdivision (1) of this subsection as part of any report to 158 the Federal Election Commission, [or] the Internal Revenue Service or 159 any similar out-of-state agency, provided such person includes a copy 160 of, or information sufficient to find, any such report as part of the report 161 of each applicable independent expenditure filed pursuant to this 162 section. If a source and amount of a covered transfer is not included as 163 part of any such report, the maker of the independent expenditure shall 164 disclose the source and amount of such covered transfer pursuant to 165 subdivision (1) of this subsection, if applicable. 166 (g) (1) A person may, unless otherwise restricted or prohibited by 167 law, including, but not limited to, any provision of this chapter or 168 chapter 157, establish a dedicated independent expenditure account [, 169 for the purpose of engaging in] that may be used to make independent 170 expenditures, [that] provided such account is segregated from all other 171 accounts controlled by such person. Such dedicated independent 172 expenditure account may receive covered transfers directly from 173 persons other than the person establishing the dedicated account and 174 may not receive transfers from another account controlled by the person 175 establishing the dedicated account, except as provided in subdivision 176 (2) of this subsection. If an independent expenditure is made from such 177 segregated account, any report required pursuant to this section or 178 disclaimer required pursuant to section 9-621, as amended by this act, 179 [may include only] shall include those persons who made covered 180 transfers directly to the dedicated independent expenditure account. 181 (2) If a person who has made a covered transfer to another account 182 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 7 of 30 controlled by the person establishing a dedicated independent 183 expenditure account requests that such covered transfer be used for the 184 purposes of making an independent expenditure from the dedicated 185 independent expenditure account, the amount of such covered transfer 186 may be transferred to the dedicated independent expenditure account 187 and shall be treated as a covered transfer directly to the dedicated 188 independent expenditure account. 189 (h) Any person may file a complaint with the commission upon the 190 belief that (1) any such independent expenditure report or statement is 191 false, or (2) any person who is required to file an independent 192 expenditure report under this subsection has failed to do so. The 193 commission shall make a prompt determination on such a complaint. 194 (i) (1) [If a] Notwithstanding the provisions of section 9-623, (A) any 195 person who fails to file a report in accordance with the provisions of this 196 section or section 9-608, as amended by this act, for an independent 197 expenditure or expenditures made or obligated to be made more than 198 ninety days before the day of a primary, [or election, the person] election 199 or referendum shall be subject to a civil penalty, imposed by the State 200 Elections Enforcement Commission, of not more than ten thousand 201 dollars, [. If a] and (B) any person who fails to file a report required in 202 accordance with the provisions of this section for an independent 203 expenditure or expenditures made or obligated to be made ninety days 204 or less before the day of a primary, [or election, such person] election or 205 referendum shall be subject to a civil penalty, imposed by the State 206 Elections Enforcement Commission, of not more than twenty thousand 207 dollars or twice the amount of such independent expenditure or 208 expenditures, whichever is greater. 209 (2) [If] Notwithstanding the provisions of section 9-623, if the State 210 Elections Enforcement Commission finds that any such failure is 211 knowing and wilful, the person responsible for [the] such failure shall 212 [also be fined] be subject to an additional civil penalty, imposed by the 213 commission, of not more than fifty thousand dollars or ten times the 214 amount of such independent expenditure or expenditures, whichever is 215 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 8 of 30 greater, and the commission may refer the matter to the office of the 216 Chief State's Attorney. 217 (3) If the State Elections Enforcement Commission finds that a person 218 is subject to a civil penalty under this subsection, (A) in the case of a 219 committee, (i) the chairperson, and (ii) any officer, or (B) in the case of a 220 person other than a committee, (i) the chief executive or chief financial 221 officer, or equivalent, (ii) any other officer, and (iii) any manager who 222 had direct, extensive and substantive decision-making authority over 223 the independent expenditure or expenditures made or obligated to be 224 made by such person, shall be liable for paying any amount of such civil 225 penalty imposed that is not paid by such person within one year after 226 the latter of the date on which the commission imposed such civil 227 penalty or the date of the final judgment following any judicial review 228 of the commission's action. 229 Sec. 5. Subsection (b) of section 9-605 of the general statutes is 230 repealed and the following is substituted in lieu thereof (Effective from 231 passage): 232 (b) The registration statement shall include: (1) The name and address 233 of the committee; (2) a statement of the purpose of the committee; (3) the 234 name and address of its treasurer, and deputy treasurer if applicable; (4) 235 the name, address and position of its [chairman] chairperson, and other 236 principal officers if applicable; (5) the name and address of the 237 depository institution for its funds; (6) the name of each person, other 238 than an individual, that is a member of the committee; (7) the name and 239 party affiliation of each candidate whom the committee is supporting 240 and the office or position sought by each candidate; (8) if the committee 241 is supporting the entire ticket of any party, a statement to that effect and 242 the name of the party; (9) if the committee is supporting or opposing 243 any referendum question, a brief statement identifying the substance of 244 the question; (10) if the committee is established or controlled by a 245 [business entity or organization] person or an individual acting as the 246 agent of a person, the name of [the entity or organization] such person 247 and, if the committee is established or controlled by a person other than 248 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 9 of 30 a human being, (A) the name of its chief executive officer or equivalent, 249 and (B) a certification that the person making the expenditure is not a 250 foreign national, as defined in 52 USC 30121(b), as amended from time 251 to time; (11) if the committee is established by an organization, a 252 statement of whether it will receive its funds from the organization's 253 treasury or from voluntary contributions; (12) if the committee files 254 reports with the Federal Elections Commission, the Internal Revenue 255 Service or any similar out-of-state agency, a statement to that effect 256 including the name of the commission or agency and identifying 257 information under which any such filings are made; (13) a statement 258 indicating whether the committee is established for a single primary, 259 election or referendum or for ongoing political activities; (14) if the 260 committee is established or controlled by a lobbyist, a statement to that 261 effect and the name of the lobbyist; (15) the name and address of the 262 person making the initial contribution or disbursement, if any, to the 263 committee; and (16) any information that the State Elections 264 Enforcement Commission requires to facilitate compliance with the 265 provisions of this chapter or chapter 157. If no such initial contribution 266 or disbursement, as described in subdivision (15) of this subsection, has 267 been made at the time of the filing of such statement, the treasurer of the 268 committee shall, not later than forty-eight hours after receipt of such 269 contribution or disbursement, file a report with the State Elections 270 Enforcement Commission. The report shall be in the same form as 271 statements filed under section 9-608, as amended by this act. 272 Sec. 6. Subdivision (1) of subsection (g) of section 9-607 of the general 273 statutes is repealed and the following is substituted in lieu thereof 274 (Effective from passage): 275 (g) (1) As used in this subsection, (A) "the lawful purposes of the 276 committee" means: (i) For a candidate committee or exploratory 277 committee, the promoting of the nomination or election of the candidate 278 who established the committee, except that after a political party 279 nominates candidates for election to the offices of Governor and 280 Lieutenant Governor, whose names shall be so placed on the ballot in 281 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 10 of 30 the election that an elector will cast a single vote for both candidates, as 282 prescribed in section 9-181, a candidate committee established by either 283 such candidate may also promote the election of the other such 284 candidate; (ii) for a political committee, other than an independent 285 expenditure political committee described in subparagraph (A)(iv) of 286 this subdivision, the promoting of a political party, including party 287 building activities, of the success or defeat of candidates for nomination 288 and election to public office or position subject to the requirements of 289 this chapter, or of the success or defeat of referendum questions, 290 provided [a political committee formed for a single referendum 291 question shall not promote the success or defeat of any candidate, and 292 provided further] a legislative leadership committee or a legislative 293 caucus committee may expend funds to defray costs for conducting 294 legislative or constituency-related business which are not reimbursed or 295 paid by the state; [and] (iii) for a party committee, the promoting of the 296 party, of party building activities, of the candidates of the party and of 297 the success or defeat of referendum questions and the continuing 298 operating costs of the party; and (iv) for an independent expenditure 299 political committee, the promoting of a political party, of the success or 300 defeat of candidates for nomination or election to public office or 301 position subject to the requirements of this chapter, or of the success or 302 defeat of referendum questions, and (B) "immediate family" means a 303 spouse or dependent child of a candidate who resides in the candidate's 304 household. 305 Sec. 7. Subparagraph (C) of subdivision (1) of subsection (e) of section 306 9-608 of the general statutes is repealed and the following is substituted 307 in lieu thereof (Effective from passage): 308 (C) [(i) Each political committee formed solely to aid or promote the 309 success or defeat of any referendum question, which does not receive 310 contributions from a business entity or an organization, shall distribute 311 its surplus to a party committee, to a political committee organized for 312 ongoing political activities, to a national committee of a political party, 313 to all contributors to the committee on a prorated basis of contribution, 314 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 11 of 30 to state or municipal governments or agencies or to any organization 315 which is a tax-exempt organization under Section 501(c)(3) of the 316 Internal Revenue Code of 1986, or any subsequent corresponding 317 internal revenue code of the United States, as from time to time 318 amended. (ii) Each political committee formed solely to aid or promote 319 the success or defeat of any referendum question, which receives 320 contributions from a business entity or an organization] An 321 independent expenditure political committee, other than such a 322 committee formed for ongoing political activities, shall distribute its 323 surplus to all contributors to the committee on a prorated basis of 324 contribution, to state or municipal governments or agencies, or to any 325 organization which is tax-exempt under [said provisions] Sections 326 501(c)(3) and 501(c)(19) of the Internal Revenue Code, as amended from 327 time to time. Notwithstanding the provisions of this subsection, a 328 committee formed for a single referendum shall not be required to 329 expend its surplus [not later than] within ninety days after the 330 referendum and may continue in existence if a substantially similar 331 referendum question on the same issue will be submitted to the 332 electorate within six months after the first referendum. If two or more 333 substantially similar referenda on the same issue are submitted to the 334 electorate, each no more than six months apart, the committee shall 335 expend such surplus within ninety days following the date of the last 336 such referendum; 337 Sec. 8. Section 9-611 of the general statutes is repealed and the 338 following is substituted in lieu thereof (Effective from passage): 339 (a) No individual shall make a contribution or contributions to, for 340 the benefit of, or pursuant to the authorization or request of, a candidate 341 or a committee supporting or opposing any candidate's campaign for 342 nomination at a primary, or any candidate's campaign for election, to 343 the office of (1) Governor, in excess of three thousand five hundred 344 dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, 345 Comptroller or Attorney General, in excess of two thousand dollars; (3) 346 chief executive officer of a town, city or borough, in excess of one 347 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 12 of 30 thousand dollars; (4) state senator or probate judge, in excess of one 348 thousand dollars; or (5) state representative or any other office of a 349 municipality not previously included in this subsection, in excess of two 350 hundred fifty dollars. The limits imposed by this subsection shall be 351 applied separately to primaries and elections. 352 (b) (1) No individual shall make a contribution or contributions to, or 353 for the benefit of, an exploratory committee, in excess of three hundred 354 seventy-five dollars, if the candidate establishing the exploratory 355 committee certifies on the statement of organization for the exploratory 356 committee pursuant to subsection (c) of section 9-604 that the candidate 357 will not be a candidate for the office of state representative. No 358 individual shall make a contribution or contributions to, or for the 359 benefit of, any exploratory committee, in excess of two hundred fifty 360 dollars, if the candidate establishing the exploratory committee does not 361 so certify. 362 (2) No individual shall make a contribution or contributions to, or for 363 the benefit of, a political committee formed by a slate of candidates in a 364 primary for the office of justice of the peace, in excess of two hundred 365 fifty dollars. 366 [(c) No individual shall make contributions to such candidates or 367 committees which in the aggregate exceed thirty thousand dollars for 368 any single election and primary preliminary to such election.] 369 [(d)] (c) No individual shall make a contribution to any candidate or 370 committee, other than a contribution in kind, in excess of one hundred 371 dollars except by personal check or credit card of that individual. 372 [(e)] (d) No individual who is less than eighteen years of age shall 373 make a contribution or contributions, in excess of thirty dollars to, for 374 the benefit of, or pursuant to the authorization or request of: (1) A 375 candidate or a committee supporting or opposing any candidate's 376 campaign for nomination at a primary to any office; (2) a candidate or a 377 committee supporting or opposing any candidate's campaign for 378 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 13 of 30 election to any office; (3) an exploratory committee; (4) any other 379 political committee in any calendar year; or (5) a party committee in any 380 calendar year. Notwithstanding any provision of subdivision (2) of 381 section 9-7b, any individual who is less than eighteen years of age who 382 violates any provision of this subsection shall not be subject to the 383 provisions of subdivision (2) of section 9-7b. 384 Sec. 9. Subsections (a) and (b) of section 9-612 of the general statutes 385 are repealed and the following is substituted in lieu thereof (Effective 386 from passage): 387 (a) (1) No individual shall make a contribution or contributions in any 388 one calendar year in excess of ten thousand dollars to the state central 389 committee of any party, or for the benefit of such committee pursuant 390 to its authorization or request; or two thousand dollars to a town 391 committee of any political party, or for the benefit of such committee 392 pursuant to its authorization or request; or two thousand dollars to a 393 legislative caucus committee or legislative leadership committee; [,] or 394 one thousand dollars to any other political committee [other than (1)] 395 except (A) a political committee formed solely to aid or promote the 396 success or defeat of a referendum question, [(2)] (B) an exploratory 397 committee, [(3)] (C) a political committee established by an 398 organization, or for the benefit of such committee pursuant to its 399 authorization or request, or [(4)] (D) a political committee formed by a 400 slate of candidates in a primary for the office of justice of the peace of 401 the same town. 402 (2) Notwithstanding the provisions of subdivision (1) of this 403 subsection and unless otherwise restricted or prohibited by law, an 404 individual may make contributions to an independent expenditure 405 political committee, including a political committee formed solely to aid 406 or promote the success or defeat of any referendum question. 407 (b) (1) No individual shall make a contribution to a political 408 committee established by an organization which receives its funds from 409 the organization's treasury. With respect to a political committee 410 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 14 of 30 established by an organization which has complied with the provisions 411 of subsection (b) or (c) of section 9-614, as amended by this act, and has 412 elected to receive contributions, no individual other than a member of 413 the organization may make contributions to the committee, in which 414 case the individual may contribute not more than seven hundred fifty 415 dollars in any one calendar year to such committee or for the benefit of 416 such committee pursuant to its authorization or request. 417 (2) Notwithstanding the provisions of subdivision (1) of this 418 subsection and unless otherwise restricted or prohibited by law, an 419 individual may make contributions to an independent expenditure 420 political committee established by an organization. 421 Sec. 10. Section 9-613 of the general statutes is repealed and the 422 following is substituted in lieu thereof (Effective from passage): 423 (a) [No] Except as provided in subsection (f) of this section, a business 424 entity shall not make any contributions or expenditures (1) to, or for the 425 benefit of, any candidate's campaign (A) for election to any public office 426 or position subject to this chapter, or (B) for nomination at a primary for 427 any such office or position, or (2) to promote the defeat of any candidate 428 for any such office or position. [No] A business entity shall not make 429 any other contributions or expenditures to promote the success or defeat 430 of any political party. [, except as provided in subsection (b) of this 431 section. No] A business entity shall not establish more than one political 432 committee. A political committee shall be deemed to have been 433 established by a business entity if the initial disbursement or 434 contribution to the committee is made under subsection (b) of this 435 section or by an officer, director, owner, limited or general partner or 436 holder of stock constituting five per cent or more of the total outstanding 437 stock of any class of the business entity. 438 (b) A business entity may make reasonable and necessary transfers or 439 disbursements to or for the benefit of a political committee established 440 by such business entity, for the administration of, or solicitation of 441 contributions to, such political committee. Nonmonetary contributions 442 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 15 of 30 by a business entity which are incidental in nature and are directly 443 attributable to the administration of such political committee shall be 444 exempt from the reporting requirements of this chapter. 445 [(c) The provisions of this section shall not preclude a business entity 446 from making contributions or expenditures to promote the success or 447 defeat of a referendum question.] 448 [(d) A] (c) Except as provided in subsection (f) of this section, a 449 political committee organized by a business entity shall not make a 450 contribution or contributions to or for the benefit of any candidate's 451 campaign for nomination at a primary or any candidate's campaign for 452 election to the office of: (1) Governor, in excess of five thousand dollars; 453 (2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller 454 or Attorney General, in excess of three thousand dollars; (3) state 455 senator, probate judge or chief executive officer of a town, city or 456 borough, in excess of one thousand five hundred dollars; (4) state 457 representative, in excess of seven hundred fifty dollars; or (5) any other 458 office of a municipality not included in subdivision (3) of this 459 subsection, in excess of three hundred seventy-five dollars. The limits 460 imposed by this subsection shall apply separately to primaries and 461 elections and contributions by any such committee to candidates 462 designated in this subsection shall not exceed one hundred thousand 463 dollars in the aggregate for any single election and primary preliminary 464 thereto. Contributions to such committees shall also be subject to the 465 provisions of section 9-618, as amended by this act, in the case of 466 committees formed for ongoing political activity or section 9-619, as 467 amended by this act, in the case of committees formed for a single 468 election or primary. 469 [(e) No] (d) A political committee organized by a business entity shall 470 not make a contribution or contributions to (1) a state central committee 471 of a political party, in excess of seven thousand five hundred dollars in 472 any calendar year, (2) a town committee of any political party, in excess 473 of one thousand five hundred dollars in any calendar year, (3) an 474 exploratory committee in excess of three hundred seventy-five dollars, 475 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 16 of 30 or (4) any other kind of political committee, in excess of two thousand 476 dollars in any calendar year. 477 [(f)] (e) As used in this subsection, "investment services" means 478 investment legal services, investment banking services, investment 479 advisory services, underwriting services, financial advisory services or 480 brokerage firm services. [No] A political committee established by a 481 firm which provides investment services and to which the State 482 Treasurer pays compensation, expenses or fees or issues a contract shall 483 not make a contribution to, or solicit contributions on behalf of, an 484 exploratory committee or candidate committee established by a 485 candidate for nomination or election to the office of State Treasurer 486 during the term of office of the State Treasurer who does business with 487 such firm. 488 [(g)] (f) (1) Notwithstanding the provisions of subsections (a) to (e), 489 inclusive, of this section, a [corporation, cooperative association, limited 490 partnership, professional association, limited liability company or 491 limited liability partnership, whether formed in this state or any other, 492 acting alone,] business entity may make independent expenditures and 493 contributions to an independent expenditure political committee. 494 (2) An independent expenditure political committee organized by a 495 business entity shall not make any contribution unless such contribution 496 is to another independent expenditure political committee. 497 Sec. 11. Section 9-614 of the general statutes is repealed and the 498 following is substituted in lieu thereof (Effective from passage): 499 (a) An organization may make contributions or expenditures, other 500 than [those made to promote] for the purposes of promoting the success 501 or defeat of a referendum question, only by first forming its own 502 political committee. [The] Unless such political committee is an 503 independent expenditure political committee, the political committee 504 shall then be authorized to (1) receive funds (A) exclusively from the 505 organization's treasury or from voluntary contributions made by its 506 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 17 of 30 members, but not both, (B) from another political committee, or [,] (C) 507 from a candidate committee distributing a surplus, and [(1) to] (2) make 508 (A) contributions or expenditures to, or for the benefit of, a candidate's 509 campaign or a political party, or [(2) to make] (B) contributions to 510 another political committee. [No] An organization shall not form more 511 than one political committee. A political committee shall be deemed to 512 have been established by an organization if the initial contribution to the 513 committee is made by the organization's treasury or an officer or 514 director of the organization. 515 (b) A political committee established by an organization may elect to 516 alter the manner in which it is funded if it complies with the 517 requirements of this subsection. The committee chairperson shall notify 518 the repository with which the committee's most recent statement of 519 organization is filed, in writing, of the committee's intent to alter its 520 manner of funding. [Within] Not later than fifteen days after the date of 521 receipt of such notification, the treasurer of such political committee 522 shall return any funds remaining in the account of the committee to the 523 organization's treasury after payment of each outstanding liability. 524 [Within] Not later than seven days after the distribution and payments 525 have been made, the treasurer shall file a statement with the same 526 repository itemizing each such distribution and payment. Upon such 527 filing, the treasurer may receive voluntary contributions from any 528 member of the organization which established such committee subject 529 to the limitations imposed in subsection (b) of section 9-612, as amended 530 by this act. 531 (c) The chairperson of each political committee established by an 532 organization on or after July 1, 1985, shall designate the manner in 533 which the committee shall be funded in the committee's statement of 534 organization. 535 (d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 536 of this section, an organization [, acting alone,] may make independent 537 expenditures and contributions to an independent expenditure political 538 committee. 539 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 18 of 30 Sec. 12. Section 9-615 of the general statutes is repealed and the 540 following is substituted in lieu thereof (Effective from passage): 541 (a) [No] A political committee established by an organization shall 542 not make a contribution or contributions to, or for the benefit of, any 543 candidate's campaign for nomination at a primary or for election to the 544 office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 545 Governor, Secretary of the State, Treasurer, Comptroller or Attorney 546 General, in excess of three thousand dollars; (3) chief executive officer 547 of a town, city or borough, in excess of one thousand five hundred 548 dollars; (4) state senator or probate judge, in excess of one thousand five 549 hundred dollars; (5) state representative, in excess of seven hundred 550 fifty dollars; or (6) any other office of a municipality not previously 551 included in this subsection, in excess of three hundred seventy-five 552 dollars. 553 (b) [No such] A political committee established by an organization 554 shall not make a contribution or contributions to, or for the benefit of, 555 an exploratory committee, in excess of three hundred seventy-five 556 dollars. Any such political committee may make unlimited 557 contributions to a political committee formed solely to aid or promote 558 the success or defeat of a referendum question. 559 (c) The limits imposed by subsection (a) of this section shall apply 560 separately to primaries and elections. [and no such] A political 561 committee established by an organization shall not make contributions 562 to the candidates designated in this section which in the aggregate 563 exceed fifty thousand dollars for any single election and primary 564 preliminary thereto. 565 (d) [No] Except as provided in subsection (f) of this section, a political 566 committee established by an organization shall not make contributions 567 in any one calendar year to, or for the benefit of, (1) the state central 568 committee of a political party, in excess of seven thousand five hundred 569 dollars; (2) a town committee, in excess of one thousand five hundred 570 dollars; or (3) any political committee, other than an exploratory 571 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 19 of 30 committee or a committee formed solely to aid or promote the success 572 or defeat of a referendum question, in excess of two thousand dollars. 573 (e) Contributions to a political committee established by an 574 organization shall be subject to the provisions of section 9-618, as 575 amended by this act, in the case of a committee formed for ongoing 576 political activity or section 9-619, as amended by this act, in the case of 577 a committee formed for a single election or primary. 578 (f) An independent expenditure political committee established by an 579 organization shall not make any contribution unless such contribution 580 is to another independent expenditure political committee. 581 Sec. 13. Subsection (a) of section 9-618 of the general statutes is 582 repealed and the following is substituted in lieu thereof (Effective from 583 passage): 584 (a) (1) A political committee organized for ongoing political activities 585 may make unlimited contributions to, or for the benefit of, any national 586 committee of a political party [;] or a committee of a candidate for 587 federal or out-of-state office. Except as provided in subdivision (3) of 588 subsection (d) of this section, no such political committee shall make a 589 contribution or contributions in excess of two thousand dollars to 590 another political committee in any calendar year. No political committee 591 organized for ongoing political activities shall make a contribution in 592 excess of three hundred seventy-five dollars to an exploratory 593 committee. If such an ongoing committee is established by an 594 organization or a business entity, its contributions shall be subject to the 595 limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 596 act. A political committee organized for ongoing political activities may 597 make [contributions] donations to a charitable organization which is a 598 tax-exempt organization under Section 501(c)(3) of the Internal Revenue 599 Code, as from time to time amended, or make memorial [contributions] 600 donations. 601 (2) An independent expenditure political committee organized for 602 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 20 of 30 ongoing political activities shall not make any contribution unless such 603 contribution is to another independent expenditure political committee. 604 Sec. 14. Subsection (a) of section 9-619 of the general statutes is 605 repealed and the following is substituted in lieu thereof (Effective from 606 passage): 607 (a) [No] (1) A political committee established for a single primary or 608 election shall not make contributions to a national committee, or a 609 committee of a candidate for federal or out-of-state office. If such a 610 political committee is established by an organization or a business 611 entity, its contributions shall also be subject to the limitations imposed 612 by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 613 provided in subdivision (2) of subsection (d) of this section, [no] a 614 political committee [formed] established for a single primary or election 615 [or primary] shall not, with respect to such primary or election, [or 616 primary] make a contribution or contributions in excess of two thousand 617 dollars to another political committee, provided [no] any such political 618 committee shall not make a contribution in excess of three hundred 619 seventy-five dollars to an exploratory committee. 620 (2) An independent expenditure political committee established for a 621 single primary or election shall not make any contribution unless such 622 contribution is to another independent expenditure political committee. 623 Sec. 15. Section 9-620 of the general statutes is repealed and the 624 following is substituted in lieu thereof (Effective from passage): 625 (a) [A political committee formed solely to aid or promote the success 626 or defeat of a referendum question shall not make contributions to, or 627 for the benefit of, a party committee, a political committee, a national 628 committee, a committee of a candidate for federal or out-of-state office 629 or a candidate committee, except in the distribution of a surplus, as 630 provided in subsection (e) of section 9-608] Subject to the provisions of 631 this chapter, any person may establish an independent expenditure 632 political committee that may only make expenditures without the 633 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 21 of 30 consent, coordination or consultation of, a candidate or agent of the 634 candidate, candidate committee, party committee or political 635 committee. Subject to the provisions of this chapter, any such 636 independent expenditure political committee may accept contributions 637 from any person. 638 (b) [A political committee formed solely to aid or promote the success 639 or defeat of a referendum question shall not receive contributions from 640 a national committee or from a committee of a candidate for federal or 641 out-of-state office] Any person may establish an independent 642 expenditure political committee solely to aid or promote the success or 643 defeat of a single referendum question, or of multiple referendum 644 questions submitted to a vote on the same date. Such committee may 645 only make independent expenditures to aid or promote the success or 646 defeat of a single referendum question, or of multiple referendum 647 questions submitted to a vote on the same date. Subject to the provisions 648 of this chapter, such committee may accept contributions from any 649 person. 650 (c) [No person, other than an individual or a committee, shall make a 651 contribution to a political committee formed solely to aid or promote the 652 success or defeat of a referendum question, or to any other person, to 653 aid or promote the success or defeat of a referendum question, in excess 654 of ten cents for each individual residing in the state or political 655 subdivision thereof in which such referendum question is to be voted 656 upon, in accordance with the last federal decennial census] Except as 657 provided in this section, an independent expenditure political 658 committee shall not make contributions to, or for the benefit of, a party 659 committee, a political committee, a national committee, a committee of 660 a candidate for federal or out-of-state office or a candidate committee. 661 (d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 662 of this section, an independent expenditure political committee may 663 make contributions to another independent expenditure political 664 committee, make donations to any organization which is a tax-exempt 665 organization under Sections 501(c)(3) and 501(c)(19) of the Internal 666 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 22 of 30 Revenue Code, as amended from time to time, and refund contributions 667 to contributors. 668 Sec. 16. Subsections (c) to (m), inclusive, of section 9-621 of the general 669 statutes are repealed and the following is substituted in lieu thereof 670 (Effective from passage): 671 (c) (1) No business entity, organization, association, committee, or 672 group of two or more individuals who have joined solely to promote the 673 success or defeat of a referendum question shall make or incur any 674 expenditure for any written, typed or other printed communication 675 which promotes the success or defeat of any referendum question unless 676 such communication bears upon its face, as a disclaimer, the words 677 "paid for by" and the following: [(1)] (A) In the case of a business entity, 678 organization or association, the name of the business entity, 679 organization or association and the name of its chief executive officer or 680 equivalent, and in the case such communication is made during the 681 ninety-day period immediately prior to the referendum, such 682 communication shall also bear on its face the names of the five persons 683 who made the five largest aggregate covered transfers to such business 684 entity, organization or association during the twelve-month period 685 immediately prior to such referendum. The communication shall also 686 state that additional information about the business entity, organization 687 or association making such communication may be found on the State 688 Elections Enforcement Commission's Internet web site; [(2)] (B) in the 689 case of a political committee, the name of the committee and the name 690 of its treasurer; [(3)] (C) in the case of a party committee, the name of the 691 committee; or [(4)] (D) in the case of such a group of two or more 692 individuals, the name of the group and the name and address of its 693 agent. 694 (2) No person shall make or incur an independent expenditure for: 695 (A) A video broadcast by television, satellite or Internet which 696 promotes the success or defeat of any referendum question unless such 697 video is accompanied by the disclaimer described in subdivision (2) of 698 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 23 of 30 subsection (h) of this section; 699 (B) An audio communication broadcast by radio, satellite or Internet 700 which promotes the success or defeat of any referendum question unless 701 such audio communication is accompanied by the disclaimer described 702 in subdivision (3) of subsection (h) of this section; or 703 (C) Telephone calls which promote the success or defeat of any 704 referendum question unless such telephone calls are accompanied by 705 the disclaimer described in subdivision (4) of subsection (h) of this 706 section. 707 (d) The provisions of subsections (a), (b), [and] (c) and (h) of this 708 section do not apply to (1) any editorial, news story, or commentary 709 published in any newspaper, magazine or journal on its own behalf and 710 upon its own responsibility and for which it does not charge or receive 711 any compensation whatsoever, (2) any banner, (3) political 712 paraphernalia including pins, buttons, badges, emblems, hats, bumper 713 stickers or other similar materials, or (4) signs with a surface area of not 714 more than thirty-two square feet. 715 (e) The treasurer of a candidate committee which sponsors any 716 written, typed or other printed communication for the purpose of 717 raising funds to eliminate a campaign deficit of that committee shall 718 include in such communication a statement that the funds are sought to 719 eliminate such a deficit. 720 (f) The treasurer of an exploratory committee or candidate committee 721 established by a candidate for nomination or election to the office of 722 Treasurer which committee sponsors any written, typed or other 723 printed communication for the purpose of raising funds shall include in 724 such communication a statement concerning the prohibitions set forth 725 in subsection (n) of section 1-84, subsection (e) of section 9-612 and 726 subsection (f) of section 9-613, as amended by this act. 727 (g) In the event a treasurer of a candidate committee is replaced 728 pursuant to subsection (c) of section 9-602, nothing in this section shall 729 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 24 of 30 be construed to prohibit the candidate committee from distributing any 730 printed communication subject to the provisions of this section that has 731 already been printed or otherwise produced, even though such 732 communication does not accurately designate the successor treasurer of 733 such candidate committee. 734 (h) (1) No person shall make or incur an independent expenditure for 735 any written, typed or other printed communication, including on a 736 billboard, or any web-based, written communication, which 737 communication promotes the success or defeat of any candidate's 738 campaign for nomination at a primary or election, unless such 739 communication bears upon its face, as a disclaimer, the words "Paid for 740 by" and the name of such person and the following statement: "This 741 message was made independent of any candidate or political party.". In 742 the case of a person making or incurring such an independent 743 expenditure during the ninety-day period immediately prior to the 744 primary or election for which the independent expenditure is made, 745 such communication shall also bear upon its face the names of the five 746 persons who made the five largest aggregate covered transfers to the 747 person making such communication during the twelve-month period 748 immediately prior to such primary or election, as applicable. The 749 communication shall also state that additional information about the 750 person making such communication may be found on the State 751 Elections Enforcement Commission's Internet web site. 752 (2) In addition to the requirements of subdivision (1) of this 753 subsection, no person shall make or incur an independent expenditure 754 for a video broadcast by television, satellite or Internet, unless at the end 755 of such advertising there appears for a period of not less than four 756 seconds as a disclaimer, the following as an audio message and a written 757 statement: "This message was paid for by (person making the 758 communication) and made independent of any candidate or political 759 party.". In the case of a person making or incurring such an independent 760 expenditure during the ninety-day period immediately prior to the 761 primary or election for which the independent expenditure is made, 762 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 25 of 30 such communication shall also list the names of the five persons who 763 made the five largest aggregate covered transfers to the person making 764 such communication during the twelve-month period immediately 765 prior to such primary or election, as applicable. The communication 766 shall also state that additional information about the person making 767 such communication may be found on the State Elections Enforcement 768 Commission's Internet web site. 769 (3) In addition to the requirements of subdivision (1) of this 770 subsection, no person shall make or incur an independent expenditure 771 for an audio communication broadcast by radio, satellite or Internet, 772 unless the advertising ends with a disclaimer that is a personal audio 773 statement by such person's agent (A) identifying the person paying for 774 the expenditure, and (B) indicating that the message was made 775 independent of any candidate or political party, using the following 776 form: "I am .... (name of the person's agent), .... (title), of .... (the person). 777 This message was made independent of any candidate or political 778 party.". In the case of a person making or incurring such an independent 779 expenditure during the ninety-day period immediately prior to the 780 primary or election for which the independent expenditure is made, 781 such communication shall state the names of the five persons who made 782 the five largest aggregate covered transfers to the person making such 783 communication during the twelve-month period immediately prior to 784 such primary or election, as applicable. The communication shall also 785 state that additional information about the person making such 786 communication may be found on the State Elections Enforcement 787 Commission's Internet web site. 788 (4) In addition to the requirements of subdivision (1) of this 789 subsection, no person shall make or incur an independent expenditure 790 for telephone calls, unless the narrative of the telephone call identifies 791 the person making the expenditure and during the ninety-day period 792 immediately prior to the primary or election for which the independent 793 expenditure is made, such communication shall state the names of the 794 five persons who made the five largest aggregate covered transfers to 795 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 26 of 30 the person making such communication during the twelve-month 796 period immediately prior to such primary or election, as applicable. The 797 communication shall also state that additional information about the 798 person making such communication may be found on the State 799 Elections Enforcement Commission's Internet web site. 800 (i) In any [print, television or social media promotion of a slate of] 801 organization expenditure for a party candidate listing of a candidate or 802 candidates by a party committee, [the party] legislative caucus 803 committee or legislative leadership committee, such committee shall use 804 applicable disclaimers pursuant to the provisions of this section for such 805 [promotion] organization expenditure, and no individual candidate 806 disclaimers shall be required. 807 (j) (1) Except as provided in subdivisions (2) and (3) of this subsection, 808 if any person whose name is included on a disclaimer of a 809 communication pursuant to the provisions of this section, as a person 810 who made a covered transfer to the maker of the communication, is also 811 a recipient of a covered transfer, the maker of the communication, as 812 part of any report filed pursuant to section 9-601d, as amended by this 813 act, associated with the making of such communication, shall include 814 the names of the five persons who made the top five largest aggregate 815 covered transfers to such recipient during the twelve-month period 816 immediately prior to the primary or election, as applicable. 817 (2) The name of any person who made a covered transfer to a tax-818 exempt organization recognized under Section 501(c)(4) of the Internal 819 Revenue Code of 1986, or any subsequent corresponding internal 820 revenue code of the United States, as amended from time to time, that 821 has not had its tax exempt status revoked, shall not be disclosed 822 pursuant to the provisions of subdivision (1) of this subsection. 823 (3) The name of any person who made a covered transfer to a person 824 whose name is included on a disclaimer pursuant to the provisions of 825 this section shall not be disclosed pursuant to the provisions of 826 subdivision (1) of this subsection if the recipient of such covered transfer 827 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 27 of 30 accepts covered transfers from at least one hundred different sources, 828 provided no such source accounts for ten per cent or more of the total 829 amount of covered transfers accepted by the recipient during the 830 twelve-month period immediately prior to the primary or election, as 831 applicable. 832 (k) Any disclaimer required to be on the face of a written, typed or 833 other printed communication pursuant to the provisions of this section 834 shall be printed in no smaller than eight-point type of uniform font 835 when such disclaimer is on a communication contained in a flyer or 836 leaflet, newspaper, magazine or similar literature, or that is delivered by 837 mail. 838 (l) Notwithstanding the provisions of subsections (a) to (k), inclusive, 839 of this section, no person making an independent expenditure for a 840 communication shall be required to list as part of any disclaimer 841 pursuant to this section any person whose covered transfers to the 842 maker of the communication are not in an aggregate amount of five 843 thousand dollars or more during the twelve-month period immediately 844 prior to the primary, [or] election or referendum, as applicable, for 845 which such independent expenditure is made. 846 (m) Notwithstanding the provisions of subsections (a) to (k), 847 inclusive, of this section, any disclaimer required to be on the face of any 848 Internet text advertisement communication (1) that appears based on 849 the result of a search conducted by a user of an Internet search engine, 850 and (2) the text of which contains two hundred or fewer characters, shall 851 not be required to list the names of the five persons who made the top 852 five largest aggregate covered transfers to the maker of such 853 communication, as otherwise required by this section, if such disclaimer 854 (A) includes a link to an Internet web site that discloses the names of 855 such five persons, and (B) otherwise contains any statement required 856 pursuant to the provisions of this section. 857 Sec. 17. Subdivision (1) of subsection (g) of section 9-7a of the general 858 statutes is repealed and the following is substituted in lieu thereof 859 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 28 of 30 (Effective from passage): 860 (g) (1) (A) In the case of a written complaint filed with the commission 861 pursuant to section 9-7b, commission staff shall conduct and complete a 862 preliminary examination of such complaint by the fourteenth day 863 following its receipt, at which time such staff shall, at its discretion, [(A)] 864 (i) dismiss the complaint for failure to allege any substantial violation of 865 state election law supported by evidence, [(B)] (ii) engage the 866 respondent in discussions in an effort to speedily resolve any matter 867 pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 868 the complaint for a determination by the commission that probable 869 cause or no probable cause exists for any such violation. If commission 870 staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 871 subdivision, such staff shall provide a brief written statement concisely 872 setting forth the reasons for such dismissal. If commission staff engages 873 a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 874 but is unable to speedily resolve any such matter described in said 875 subparagraph by the forty-fifth day following receipt of the complaint, 876 such staff shall docket such complaint for a determination by the 877 commission that probable cause or no probable cause exists for any 878 violation of state election law. If the commission does not, by the sixtieth 879 day following receipt of the complaint, either issue a decision or render 880 its determination that probable cause or no probable cause exists for any 881 violation of state election laws, the complainant or respondent may 882 apply to the superior court for the judicial district of Hartford for an 883 order to show cause why the commission has not acted upon the 884 complaint and to provide evidence that the com mission has 885 unreasonably delayed action. 886 (B) (i) For any complaint received on or after January 1, 2018, but prior 887 to July 1, 2023, if the commission does not, by one year following receipt 888 of such complaint, issue a decision thereon, the commission shall 889 dismiss such complaint, provided the length of time of any delay caused 890 by [(i)] (I) the commission or commission staff granting any extension 891 or continuance to a respondent prior to the issuance of any such 892 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 29 of 30 decision, [(ii)] (II) any subpoena issued in connection with such 893 complaint, [(iii)] (III) any litigation in state or federal court related to 894 such complaint, or [(iv)] (IV) any investigation by, or consultation of the 895 commission or commission staff with, the Chief State's Attorney, the 896 Attorney General, the United States Department of Justice or the United 897 States Attorney for Connecticut related to such complaint, shall be 898 added to such one year. 899 (ii) For any complaint received on or after July 1, 2023, if the 900 commission does not, by one year following receipt of such complaint, 901 find reason to believe that a violation of state election law has been 902 committed and commence a contested case, as defined in section 4-166, 903 the commission shall dismiss such complaint, provided the length of 904 time of any delay caused by (I) the commission or commission staff 905 granting any extension or continuance to a respondent prior to the 906 issuance of any such decision, (II) any subpoena issued in connection 907 with such complaint, (III) any litigation in state or federal court related 908 to such complaint, (IV) any investigation by the commission or 909 commission staff involving a potential violation of state election law by 910 a foreign national, as defined in 52 USC 30121(b), as amended from time 911 to time, or of section 9-601c or 9-601d, as amended by this act, or (V) any 912 investigation by, or consultation of the commission or commission staff 913 with, the Chief State's Attorney, the Attorney General, the United States 914 Department of Justice or the United States Attorney for Connecticut 915 related to such complaint, shall be added to such one year. 916 Sec. 18. Subdivision (18) of section 53a-119 of the general statutes is 917 repealed and the following is substituted in lieu thereof (Effective from 918 passage): 919 (18) Failure to repay surplus Citizens' Election Fund grant funds. A 920 person is guilty of failure to repay surplus Citizens' Election Fund grant 921 funds when such person fails to return to the Citizens' Election Fund 922 any surplus funds from a grant made pursuant to sections 9-700 to 9-923 716, inclusive, [not later than ninety days after the primary or election 924 for which the grant is made] within the time prescribed for the 925 Substitute Bill No. 1225 LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225- R01-SB.docx } 30 of 30 distribution of surplus under subdivision (1) of subsection (e) of section 926 9-608, as amended by this act. 927 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 9-601(33) Sec. 2 from passage 9-601(3) Sec. 3 from passage 9-601c(e) 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 (m) Sec. 17 from passage 9-7a(g)(1) Sec. 18 from passage 53a-119(18) Statement of Legislative Commissioners: In Section 4(i), "[the] such person" was changed to "the person" in Subdiv. (2) for clarity, and "chairman" was changed to "chairperson" in Subdiv. (3)(A)(i) for consistency with standard drafting conventions; in Section 5(b)(10), "an" was added before "individual", and "the [entity or organization] person" was changed to "[the entity or organization] such person", for clarity; in Section 14(a)(1), references to "election or primary" were changed to "primary or election [or primary]" for consistency; and in Section 16(c)(2)(B), "section; and" was changed to "section; or" for clarity. GAE Joint Favorable Subst.