Connecticut 2023 Regular Session

Connecticut Senate Bill SB01225 Compare Versions

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7	7		General Assembly Substitute Bill No. 1225
8	8		January Session, 2023
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14	14		AN ACT CONCERNING REFERENDA, INDEPENDENT
15	15		EXPENDITURES, STATE ELECTIONS ENFORCEMENT COMMISSION
16	16		COMPLAINTS AND REPAYMENT OF SURPLUS CITIZENS' ELECTION
17	17		PROGRAM GRANT FUNDS.
18	18		Be it enacted by the Senate and House of Representatives in General
19	19		Assembly convened:
20	20
21	21		Section 1. Section 9-601 of the general statutes is amended by adding 1
22	22		subdivision (33) as follows (Effective from passage): 2
23	23		(NEW) (33) "Independent expenditure political committee" means a 3
24	24		political committee that makes only (A) independent expenditures (i) to 4
25	25		promote the success or defeat of any candidate seeking (I) the 5
26	26		nomination for election, or (II) election, or (ii) for the purpose of aiding 6
27	27		or promoting the success or defeat of any (I) referendum question, or 7
28	28		(II) political party, and (B) contributions to other independent 8
29	29		expenditure political committees. 9
30	30		Sec. 2. Subdivision (3) of section 9-601 of the general statutes is 10
31	31		repealed and the following is substituted in lieu thereof (Effective from 11
32	32		passage): 12
33	33		(3) "Political committee" means (A) a committee organized by a 13
34	34		business entity or organization, (B) persons other than individuals, or 14
35	35		two or more individuals organized or acting jointly conducting their 15 Substitute Bill No. 1225
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42	42		activities in or outside the state, (C) an exploratory committee, (D) a 16
43	43		committee established by or on behalf of a slate of candidates in a 17
44	44		primary for the office of justice of the peace, but does not mean a 18
45	45		candidate committee or a party committee, (E) a legislative caucus 19
46	46		committee, [or] (F) a legislative leadership committee, or (G) an 20
47	47		independent expenditure political committee. 21
48	48		Sec. 3. Section 9-601c of the general statutes is amended by adding 22
49	49		subsection (e) as follows (Effective from passage): 23
50	50		(NEW) (e) Notwithstanding the provisions of subsections (a) to (d), 24
51	51		inclusive, of this section, an independent expenditure political 25
52	52		committee may coordinate with one or more other independent 26
53	53		expenditure political committees for the purpose of making one or more 27
54	54		independent expenditures. 28
55	55		Sec. 4. Subsections (a) to (i), inclusive, of section 9-601d of the general 29
56	56		statutes are repealed and the following is substituted in lieu thereof 30
57	57		(Effective from passage): 31
58	58		(a) Any person [, as defined in section 9-601,] may, unless otherwise 32
59	59		restricted or prohibited by law, including, but not limited to, any 33
60	60		provision of this chapter or chapter 157, make unlimited independent 34
61	61		expenditures [, as defined in section 9-601c,] and accept unlimited 35
62	62		covered transfers. [, as defined in said section 9-601.] Except as provided 36
63	63		[pursuant to] in this section, any such person who makes or obligates to 37
64	64		make an independent expenditure or expenditures in excess of one 38
65	65		thousand dollars, in the aggregate, shall file statements according to the 39
66	66		same schedule and in the same manner as is required of a treasurer of a 40
67	67		[candidate] political committee pursuant to section 9-608, as amended 41
68	68		by this act. Any such person, other than a committee, shall file with the 42
69	69		proper authority, as provided in section 9-603, (1) a long-form report 43
70	70		and a short-form report pursuant to subsection (c) of this section for 44
71	71		such independent expenditure or expenditures, and (2) a short-form 45
72	72		report pursuant to subsection (d) of this section for each subsequent 46
73	73		independent expenditure made or obligated to be made. 47 Substitute Bill No. 1225
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80	80		(b) Any person who makes or obligates to make an independent 48
81	81		expenditure or expenditures in an election or primary for the office of 49
82	82		Governor, Lieutenant Governor, Secretary of the State, State Treasurer, 50
83	83		State Comptroller, Attorney General, state senator or state 51
84	84		representative, [which] or to promote the success or defeat of a 52
85	85		referendum question proposing a constitutional convention, 53
86	86		constitutional amendment or revision of the Constitution, that exceed 54
87	87		one thousand dollars, in the aggregate, during [a primary campaign or 55
88	88		a general election campaign, as defined in section 9-700, shall file, 56
89	89		electronically, a long-form and a short-form report of such independent 57
90	90		expenditure or expenditures with the State Elections Enforcement 58
91	91		Commission pursuant to subsections (c) and (d) of this section. The 59
92	92		person that makes or obligates to make such independent expenditure 60
93	93		or expenditures shall file such reports] the period beginning on June first 61
94	94		in the year of a regular election, or on the day the Governor issues writs 62
95	95		of election pursuant to section 9-215 in the case of a special election for 63
96	96		the office of state senator or state representative, and ending on the day 64
97	97		following the primary or election for which such person made or 65
98	98		obligated to make such independent expenditure or expenditures, shall 66
99	99		electronically file, in the case of a committee, a report pursuant to section 67
100	100		9-608, as amended by this act, or, in the case of any person other than a 68
101	101		committee, a long-form report and a short-form report pursuant to 69
102	102		subsections (c) and (d) of this section not later than twenty-four hours 70
103	103		after (1) making any such payment, or (2) obligating to make any such 71
104	104		payment, with respect to the primary, [or] election [. If any such person 72
105	105		makes or incurs a subsequent independent expenditure, such person 73
106	106		shall report such expenditure pursuant to subsection (d) of this section] 74
107	107		or referendum. In the case of a special election for the office of state 75
108	108		senator or state representative, if any person makes or obligates to make 76
109	109		an independent expenditure or expenditures for such special election 77
110	110		that exceeds one thousand dollars, in the aggregate, prior to the day the 78
111	111		Governor issues writs of election pursuant to section 9-215, such person 79
112	112		shall file a report not later than twenty-four hours after such writs of 80
113	113		election are issued. Such reports shall be filed under penalty of false 81
114	114		statement. 82 Substitute Bill No. 1225
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121	121		(c) The independent expenditure long-form report shall identify: (1) 83
122	122		The name of the person making or obligating to make such independent 84
123	123		expenditure or expenditures and, in the case of a person other than an 85
124	124		individual, provide (A) the name of a human being who had direct, 86
125	125		extensive and substantive decision-making authority over such 87
126	126		independent expenditure or expenditures, and (B) a certification that the 88
127	127		person making such independent expenditure is not a foreign national, 89
128	128		as defined in 52 USC 30121(b), as amended from time to time; (2) the tax 90
129	129		exempt status of such person and, if [applicable] such person files a 91
130	130		report with the Federal Election Commission, the Internal Revenue 92
131	131		Service or any similar out-of-state agency, provide identifying 93
132	132		information under which any such filing is made; (3) the mailing 94
133	133		address, and street address if different, of such person; (4) the principal 95
134	134		business address of the person, if different from either the mailing 96
135	135		address or street address; (5) the mailing address, and street address if 97
136	136		different, telephone number and electronic mail address of the agent for 98
137	137		service of process in this state of such person and of the human being 99
138	138		described in subparagraph (A) of subdivision (1) of this subsection; (6) 100
139	139		the date of the primary, [or] election or referendum for which [the] such 101
140	140		independent expenditure or expenditures were made or obligated to be 102
141	141		made; (7) the name of any candidate who, or the text of any referendum 103
142	142		question that, was the subject of [any] such independent expenditure or 104
143	143		expenditures and whether [the] such independent expenditure or 105
144	144		expenditures were in support of or in opposition to such candidate or 106
145	145		referendum question; and (8) the name, telephone number and 107
146	146		electronic mail address for the individual filing such report. Such 108
147	147		individual filing such report shall, under penalty of false statement, 109
148	148		affirm that the expenditure reported is an independent expenditure. 110
149	149		[under penalty of false statement.] 111
150	150		(d) As part of any filing made pursuant to subsection (c) of this 112
151	151		section and for each subsequent independent expenditure made or 113
152	152		obligated to be made by a person with respect to the primary, [or] 114
153	153		election or referendum for which a long-form report pursuant to 115
154	154		subsection (c) of this section has been filed on behalf of such person, an 116 Substitute Bill No. 1225
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161	161		individual shall file [, electronically,] a short-form report for each such 117
162	162		independent expenditure. [, not later than twenty-four hours after such 118
163	163		person makes a payment for an independent expenditure or obligates 119
164	164		to make such an independent expenditure.] Such short-form report shall 120
165	165		identify: (1) The name of the person making or obligating to make such 121
166	166		independent expenditure; (2) the amount of the independent 122
167	167		expenditure; (3) whether the independent expenditure was in support 123
168	168		of or in opposition to a candidate or referendum question and the name 124
169	169		of such candidate or text of such referendum question; (4) a brief 125
170	170		description of the independent expenditure made, including the type of 126
171	171		communication, based on categories determined by the State Elections 127
172	172		Enforcement Commission, and the allocation of such independent 128
173	173		expenditure in support of or in opposition to each such candidate or 129
174	174		referendum question, if such independent expenditure was made in 130
175	175		support of or in opposition to more than one candidate or question; and 131
176	176		(5) the name, telephone number and electronic mail address for the 132
177	177		individual filing such report. Such individual filing such report shall, 133
178	178		under penalty of false statement, affirm that the expenditure reported is 134
179	179		an independent expenditure. [under penalty of false statement.] 135
180	180		(e) No person reporting an independent expenditure pursuant to the 136
181	181		provisions of subsection (c) or (d) of this section shall be required to file 137
182	182		a statement pursuant to section 9-608, as amended by this act, for such 138
183	183		independent expenditure. 139
184	184		(f) (1) Except as provided in subdivision (2) of this subsection, as part 140
185	185		of any statement filed pursuant to this section, if a person who makes or 141
186	186		obligates to make an independent expenditure (A) has received a 142
187	187		covered transfer during the twelve-month period prior to (i) a primary 143
188	188		or election, as applicable to the reported independent expenditure, for 144
189	189		an office that a candidate described in subdivision (7) of subsection (c) 145
190	190		of this section is seeking, or (ii) a referendum on a question proposing a 146
191	191		constitutional convention, constitutional amendment or revision of the 147
192	192		Constitution, and (B) such independent expenditure is made or 148
193	193		obligated to be made on or after the date that is one hundred eighty days 149 Substitute Bill No. 1225
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200	200		prior to such primary, [or] election or referendum, such person shall 150
201	201		disclose the source and the amount of any such covered transfer such 151
202	202		person received that is in an amount that is five thousand dollars or 152
203	203		more, in the aggregate, during the twelve-month period prior to such 153
204	204		primary, [or] election or referendum, as applicable to the reported 154
205	205		independent expenditure. 155
206	206		(2) The provisions of subdivision (1) of this subsection shall not apply 156
207	207		to any person who discloses the source and amount of a covered transfer 157
208	208		described in subdivision (1) of this subsection as part of any report to 158
209	209		the Federal Election Commission, [or] the Internal Revenue Service or 159
210	210		any similar out-of-state agency, provided such person includes a copy 160
211	211		of, or information sufficient to find, any such report as part of the report 161
212	212		of each applicable independent expenditure filed pursuant to this 162
213	213		section. If a source and amount of a covered transfer is not included as 163
214	214		part of any such report, the maker of the independent expenditure shall 164
215	215		disclose the source and amount of such covered transfer pursuant to 165
216	216		subdivision (1) of this subsection, if applicable. 166
217	217		(g) (1) A person may, unless otherwise restricted or prohibited by 167
218	218		law, including, but not limited to, any provision of this chapter or 168
219	219		chapter 157, establish a dedicated independent expenditure account [, 169
220	220		for the purpose of engaging in] that may be used to make independent 170
221	221		expenditures, [that] provided such account is segregated from all other 171
222	222		accounts controlled by such person. Such dedicated independent 172
223	223		expenditure account may receive covered transfers directly from 173
224	224		persons other than the person establishing the dedicated account and 174
225	225		may not receive transfers from another account controlled by the person 175
226	226		establishing the dedicated account, except as provided in subdivision 176
227	227		(2) of this subsection. If an independent expenditure is made from such 177
228	228		segregated account, any report required pursuant to this section or 178
229	229		disclaimer required pursuant to section 9-621, as amended by this act, 179
230	230		[may include only] shall include those persons who made covered 180
231	231		transfers directly to the dedicated independent expenditure account. 181
232	232		(2) If a person who has made a covered transfer to another account 182 Substitute Bill No. 1225
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239	239		controlled by the person establishing a dedicated independent 183
240	240		expenditure account requests that such covered transfer be used for the 184
241	241		purposes of making an independent expenditure from the dedicated 185
242	242		independent expenditure account, the amount of such covered transfer 186
243	243		may be transferred to the dedicated independent expenditure account 187
244	244		and shall be treated as a covered transfer directly to the dedicated 188
245	245		independent expenditure account. 189
246	246		(h) Any person may file a complaint with the commission upon the 190
247	247		belief that (1) any such independent expenditure report or statement is 191
248	248		false, or (2) any person who is required to file an independent 192
249	249		expenditure report under this subsection has failed to do so. The 193
250	250		commission shall make a prompt determination on such a complaint. 194
251	251		(i) (1) [If a] Notwithstanding the provisions of section 9-623, (A) any 195
252	252		person who fails to file a report in accordance with the provisions of this 196
253	253		section or section 9-608, as amended by this act, for an independent 197
254	254		expenditure or expenditures made or obligated to be made more than 198
255	255		ninety days before the day of a primary, [or election, the person] election 199
256	256		or referendum shall be subject to a civil penalty, imposed by the State 200
257	257		Elections Enforcement Commission, of not more than ten thousand 201
258	258		dollars, [. If a] and (B) any person who fails to file a report required in 202
259	259		accordance with the provisions of this section for an independent 203
260	260		expenditure or expenditures made or obligated to be made ninety days 204
261	261		or less before the day of a primary, [or election, such person] election or 205
262	262		referendum shall be subject to a civil penalty, imposed by the State 206
263	263		Elections Enforcement Commission, of not more than twenty thousand 207
264	264		dollars or twice the amount of such independent expenditure or 208
265	265		expenditures, whichever is greater. 209
266	266		(2) [If] Notwithstanding the provisions of section 9-623, if the State 210
267	267		Elections Enforcement Commission finds that any such failure is 211
268	268		knowing and wilful, the person responsible for [the] such failure shall 212
269	269		[also be fined] be subject to an additional civil penalty, imposed by the 213
270	270		commission, of not more than fifty thousand dollars or ten times the 214
271	271		amount of such independent expenditure or expenditures, whichever is 215 Substitute Bill No. 1225
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278	278		greater, and the commission may refer the matter to the office of the 216
279	279		Chief State's Attorney. 217
280	280		(3) If the State Elections Enforcement Commission finds that a person 218
281	281		is subject to a civil penalty under this subsection, (A) in the case of a 219
282	282		committee, (i) the chairperson, and (ii) any officer, or (B) in the case of a 220
283	283		person other than a committee, (i) the chief executive or chief financial 221
284	284		officer, or equivalent, (ii) any other officer, and (iii) any manager who 222
285	285		had direct, extensive and substantive decision-making authority over 223
286	286		the independent expenditure or expenditures made or obligated to be 224
287	287		made by such person, shall be liable for paying any amount of such civil 225
288	288		penalty imposed that is not paid by such person within one year after 226
289	289		the latter of the date on which the commission imposed such civil 227
290	290		penalty or the date of the final judgment following any judicial review 228
291	291		of the commission's action. 229
292	292		Sec. 5. Subsection (b) of section 9-605 of the general statutes is 230
293	293		repealed and the following is substituted in lieu thereof (Effective from 231
294	294		passage): 232
295	295		(b) The registration statement shall include: (1) The name and address 233
296	296		of the committee; (2) a statement of the purpose of the committee; (3) the 234
297	297		name and address of its treasurer, and deputy treasurer if applicable; (4) 235
298	298		the name, address and position of its [chairman] chairperson, and other 236
299	299		principal officers if applicable; (5) the name and address of the 237
300	300		depository institution for its funds; (6) the name of each person, other 238
301	301		than an individual, that is a member of the committee; (7) the name and 239
302	302		party affiliation of each candidate whom the committee is supporting 240
303	303		and the office or position sought by each candidate; (8) if the committee 241
304	304		is supporting the entire ticket of any party, a statement to that effect and 242
305	305		the name of the party; (9) if the committee is supporting or opposing 243
306	306		any referendum question, a brief statement identifying the substance of 244
307	307		the question; (10) if the committee is established or controlled by a 245
308	308		[business entity or organization] person or an individual acting as the 246
309	309		agent of a person, the name of [the entity or organization] such person 247
310	310		and, if the committee is established or controlled by a person other than 248 Substitute Bill No. 1225
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317	317		a human being, (A) the name of its chief executive officer or equivalent, 249
318	318		and (B) a certification that the person making the expenditure is not a 250
319	319		foreign national, as defined in 52 USC 30121(b), as amended from time 251
320	320		to time; (11) if the committee is established by an organization, a 252
321	321		statement of whether it will receive its funds from the organization's 253
322	322		treasury or from voluntary contributions; (12) if the committee files 254
323	323		reports with the Federal Elections Commission, the Internal Revenue 255
324	324		Service or any similar out-of-state agency, a statement to that effect 256
325	325		including the name of the commission or agency and identifying 257
326	326		information under which any such filings are made; (13) a statement 258
327	327		indicating whether the committee is established for a single primary, 259
328	328		election or referendum or for ongoing political activities; (14) if the 260
329	329		committee is established or controlled by a lobbyist, a statement to that 261
330	330		effect and the name of the lobbyist; (15) the name and address of the 262
331	331		person making the initial contribution or disbursement, if any, to the 263
332	332		committee; and (16) any information that the State Elections 264
333	333		Enforcement Commission requires to facilitate compliance with the 265
334	334		provisions of this chapter or chapter 157. If no such initial contribution 266
335	335		or disbursement, as described in subdivision (15) of this subsection, has 267
336	336		been made at the time of the filing of such statement, the treasurer of the 268
337	337		committee shall, not later than forty-eight hours after receipt of such 269
338	338		contribution or disbursement, file a report with the State Elections 270
339	339		Enforcement Commission. The report shall be in the same form as 271
340	340		statements filed under section 9-608, as amended by this act. 272
341	341		Sec. 6. Subdivision (1) of subsection (g) of section 9-607 of the general 273
342	342		statutes is repealed and the following is substituted in lieu thereof 274
343	343		(Effective from passage): 275
344	344		(g) (1) As used in this subsection, (A) "the lawful purposes of the 276
345	345		committee" means: (i) For a candidate committee or exploratory 277
346	346		committee, the promoting of the nomination or election of the candidate 278
347	347		who established the committee, except that after a political party 279
348	348		nominates candidates for election to the offices of Governor and 280
349	349		Lieutenant Governor, whose names shall be so placed on the ballot in 281 Substitute Bill No. 1225
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356	356		the election that an elector will cast a single vote for both candidates, as 282
357	357		prescribed in section 9-181, a candidate committee established by either 283
358	358		such candidate may also promote the election of the other such 284
359	359		candidate; (ii) for a political committee, other than an independent 285
360	360		expenditure political committee described in subparagraph (A)(iv) of 286
361	361		this subdivision, the promoting of a political party, including party 287
362	362		building activities, of the success or defeat of candidates for nomination 288
363	363		and election to public office or position subject to the requirements of 289
364	364		this chapter, or of the success or defeat of referendum questions, 290
365	365		provided [a political committee formed for a single referendum 291
366	366		question shall not promote the success or defeat of any candidate, and 292
367	367		provided further] a legislative leadership committee or a legislative 293
368	368		caucus committee may expend funds to defray costs for conducting 294
369	369		legislative or constituency-related business which are not reimbursed or 295
370	370		paid by the state; [and] (iii) for a party committee, the promoting of the 296
371	371		party, of party building activities, of the candidates of the party and of 297
372	372		the success or defeat of referendum questions and the continuing 298
373	373		operating costs of the party; and (iv) for an independent expenditure 299
374	374		political committee, the promoting of a political party, of the success or 300
375	375		defeat of candidates for nomination or election to public office or 301
376	376		position subject to the requirements of this chapter, or of the success or 302
377	377		defeat of referendum questions, and (B) "immediate family" means a 303
378	378		spouse or dependent child of a candidate who resides in the candidate's 304
379	379		household. 305
380	380		Sec. 7. Subparagraph (C) of subdivision (1) of subsection (e) of section 306
381	381		9-608 of the general statutes is repealed and the following is substituted 307
382	382		in lieu thereof (Effective from passage): 308
383	383		(C) [(i) Each political committee formed solely to aid or promote the 309
384	384		success or defeat of any referendum question, which does not receive 310
385	385		contributions from a business entity or an organization, shall distribute 311
386	386		its surplus to a party committee, to a political committee organized for 312
387	387		ongoing political activities, to a national committee of a political party, 313
388	388		to all contributors to the committee on a prorated basis of contribution, 314 Substitute Bill No. 1225
389	389
390	390
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394	394
395	395		to state or municipal governments or agencies or to any organization 315
396	396		which is a tax-exempt organization under Section 501(c)(3) of the 316
397	397		Internal Revenue Code of 1986, or any subsequent corresponding 317
398	398		internal revenue code of the United States, as from time to time 318
399	399		amended. (ii) Each political committee formed solely to aid or promote 319
400	400		the success or defeat of any referendum question, which receives 320
401	401		contributions from a business entity or an organization] An 321
402	402		independent expenditure political committee, other than such a 322
403	403		committee formed for ongoing political activities, shall distribute its 323
404	404		surplus to all contributors to the committee on a prorated basis of 324
405	405		contribution, to state or municipal governments or agencies, or to any 325
406	406		organization which is tax-exempt under [said provisions] Sections 326
407	407		501(c)(3) and 501(c)(19) of the Internal Revenue Code, as amended from 327
408	408		time to time. Notwithstanding the provisions of this subsection, a 328
409	409		committee formed for a single referendum shall not be required to 329
410	410		expend its surplus [not later than] within ninety days after the 330
411	411		referendum and may continue in existence if a substantially similar 331
412	412		referendum question on the same issue will be submitted to the 332
413	413		electorate within six months after the first referendum. If two or more 333
414	414		substantially similar referenda on the same issue are submitted to the 334
415	415		electorate, each no more than six months apart, the committee shall 335
416	416		expend such surplus within ninety days following the date of the last 336
417	417		such referendum; 337
418	418		Sec. 8. Section 9-611 of the general statutes is repealed and the 338
419	419		following is substituted in lieu thereof (Effective from passage): 339
420	420		(a) No individual shall make a contribution or contributions to, for 340
421	421		the benefit of, or pursuant to the authorization or request of, a candidate 341
422	422		or a committee supporting or opposing any candidate's campaign for 342
423	423		nomination at a primary, or any candidate's campaign for election, to 343
424	424		the office of (1) Governor, in excess of three thousand five hundred 344
425	425		dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, 345
426	426		Comptroller or Attorney General, in excess of two thousand dollars; (3) 346
427	427		chief executive officer of a town, city or borough, in excess of one 347 Substitute Bill No. 1225
428	428
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432	432		12 of 30
433	433
434	434		thousand dollars; (4) state senator or probate judge, in excess of one 348
435	435		thousand dollars; or (5) state representative or any other office of a 349
436	436		municipality not previously included in this subsection, in excess of two 350
437	437		hundred fifty dollars. The limits imposed by this subsection shall be 351
438	438		applied separately to primaries and elections. 352
439	439		(b) (1) No individual shall make a contribution or contributions to, or 353
440	440		for the benefit of, an exploratory committee, in excess of three hundred 354
441	441		seventy-five dollars, if the candidate establishing the exploratory 355
442	442		committee certifies on the statement of organization for the exploratory 356
443	443		committee pursuant to subsection (c) of section 9-604 that the candidate 357
444	444		will not be a candidate for the office of state representative. No 358
445	445		individual shall make a contribution or contributions to, or for the 359
446	446		benefit of, any exploratory committee, in excess of two hundred fifty 360
447	447		dollars, if the candidate establishing the exploratory committee does not 361
448	448		so certify. 362
449	449		(2) No individual shall make a contribution or contributions to, or for 363
450	450		the benefit of, a political committee formed by a slate of candidates in a 364
451	451		primary for the office of justice of the peace, in excess of two hundred 365
452	452		fifty dollars. 366
453	453		[(c) No individual shall make contributions to such candidates or 367
454	454		committees which in the aggregate exceed thirty thousand dollars for 368
455	455		any single election and primary preliminary to such election.] 369
456	456		[(d)] (c) No individual shall make a contribution to any candidate or 370
457	457		committee, other than a contribution in kind, in excess of one hundred 371
458	458		dollars except by personal check or credit card of that individual. 372
459	459		[(e)] (d) No individual who is less than eighteen years of age shall 373
460	460		make a contribution or contributions, in excess of thirty dollars to, for 374
461	461		the benefit of, or pursuant to the authorization or request of: (1) A 375
462	462		candidate or a committee supporting or opposing any candidate's 376
463	463		campaign for nomination at a primary to any office; (2) a candidate or a 377
464	464		committee supporting or opposing any candidate's campaign for 378 Substitute Bill No. 1225
465	465
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469	469		13 of 30
470	470
471	471		election to any office; (3) an exploratory committee; (4) any other 379
472	472		political committee in any calendar year; or (5) a party committee in any 380
473	473		calendar year. Notwithstanding any provision of subdivision (2) of 381
474	474		section 9-7b, any individual who is less than eighteen years of age who 382
475	475		violates any provision of this subsection shall not be subject to the 383
476	476		provisions of subdivision (2) of section 9-7b. 384
477	477		Sec. 9. Subsections (a) and (b) of section 9-612 of the general statutes 385
478	478		are repealed and the following is substituted in lieu thereof (Effective 386
479	479		from passage): 387
480	480		(a) (1) No individual shall make a contribution or contributions in any 388
481	481		one calendar year in excess of ten thousand dollars to the state central 389
482	482		committee of any party, or for the benefit of such committee pursuant 390
483	483		to its authorization or request; or two thousand dollars to a town 391
484	484		committee of any political party, or for the benefit of such committee 392
485	485		pursuant to its authorization or request; or two thousand dollars to a 393
486	486		legislative caucus committee or legislative leadership committee; [,] or 394
487	487		one thousand dollars to any other political committee [other than (1)] 395
488	488		except (A) a political committee formed solely to aid or promote the 396
489	489		success or defeat of a referendum question, [(2)] (B) an exploratory 397
490	490		committee, [(3)] (C) a political committee established by an 398
491	491		organization, or for the benefit of such committee pursuant to its 399
492	492		authorization or request, or [(4)] (D) a political committee formed by a 400
493	493		slate of candidates in a primary for the office of justice of the peace of 401
494	494		the same town. 402
495	495		(2) Notwithstanding the provisions of subdivision (1) of this 403
496	496		subsection and unless otherwise restricted or prohibited by law, an 404
497	497		individual may make contributions to an independent expenditure 405
498	498		political committee, including a political committee formed solely to aid 406
499	499		or promote the success or defeat of any referendum question. 407
500	500		(b) (1) No individual shall make a contribution to a political 408
501	501		committee established by an organization which receives its funds from 409
502	502		the organization's treasury. With respect to a political committee 410 Substitute Bill No. 1225
503	503
504	504
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507	507		14 of 30
508	508
509	509		established by an organization which has complied with the provisions 411
510	510		of subsection (b) or (c) of section 9-614, as amended by this act, and has 412
511	511		elected to receive contributions, no individual other than a member of 413
512	512		the organization may make contributions to the committee, in which 414
513	513		case the individual may contribute not more than seven hundred fifty 415
514	514		dollars in any one calendar year to such committee or for the benefit of 416
515	515		such committee pursuant to its authorization or request. 417
516	516		(2) Notwithstanding the provisions of subdivision (1) of this 418
517	517		subsection and unless otherwise restricted or prohibited by law, an 419
518	518		individual may make contributions to an independent expenditure 420
519	519		political committee established by an organization. 421
520	520		Sec. 10. Section 9-613 of the general statutes is repealed and the 422
521	521		following is substituted in lieu thereof (Effective from passage): 423
522	522		(a) [No] Except as provided in subsection (f) of this section, a business 424
523	523		entity shall not make any contributions or expenditures (1) to, or for the 425
524	524		benefit of, any candidate's campaign (A) for election to any public office 426
525	525		or position subject to this chapter, or (B) for nomination at a primary for 427
526	526		any such office or position, or (2) to promote the defeat of any candidate 428
527	527		for any such office or position. [No] A business entity shall not make 429
528	528		any other contributions or expenditures to promote the success or defeat 430
529	529		of any political party. [, except as provided in subsection (b) of this 431
530	530		section. No] A business entity shall not establish more than one political 432
531	531		committee. A political committee shall be deemed to have been 433
532	532		established by a business entity if the initial disbursement or 434
533	533		contribution to the committee is made under subsection (b) of this 435
534	534		section or by an officer, director, owner, limited or general partner or 436
535	535		holder of stock constituting five per cent or more of the total outstanding 437
536	536		stock of any class of the business entity. 438
537	537		(b) A business entity may make reasonable and necessary transfers or 439
538	538		disbursements to or for the benefit of a political committee established 440
539	539		by such business entity, for the administration of, or solicitation of 441
540	540		contributions to, such political committee. Nonmonetary contributions 442 Substitute Bill No. 1225
541	541
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546	546
547	547		by a business entity which are incidental in nature and are directly 443
548	548		attributable to the administration of such political committee shall be 444
549	549		exempt from the reporting requirements of this chapter. 445
550	550		[(c) The provisions of this section shall not preclude a business entity 446
551	551		from making contributions or expenditures to promote the success or 447
552	552		defeat of a referendum question.] 448
553	553		[(d) A] (c) Except as provided in subsection (f) of this section, a 449
554	554		political committee organized by a business entity shall not make a 450
555	555		contribution or contributions to or for the benefit of any candidate's 451
556	556		campaign for nomination at a primary or any candidate's campaign for 452
557	557		election to the office of: (1) Governor, in excess of five thousand dollars; 453
558	558		(2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller 454
559	559		or Attorney General, in excess of three thousand dollars; (3) state 455
560	560		senator, probate judge or chief executive officer of a town, city or 456
561	561		borough, in excess of one thousand five hundred dollars; (4) state 457
562	562		representative, in excess of seven hundred fifty dollars; or (5) any other 458
563	563		office of a municipality not included in subdivision (3) of this 459
564	564		subsection, in excess of three hundred seventy-five dollars. The limits 460
565	565		imposed by this subsection shall apply separately to primaries and 461
566	566		elections and contributions by any such committee to candidates 462
567	567		designated in this subsection shall not exceed one hundred thousand 463
568	568		dollars in the aggregate for any single election and primary preliminary 464
569	569		thereto. Contributions to such committees shall also be subject to the 465
570	570		provisions of section 9-618, as amended by this act, in the case of 466
571	571		committees formed for ongoing political activity or section 9-619, as 467
572	572		amended by this act, in the case of committees formed for a single 468
573	573		election or primary. 469
574	574		[(e) No] (d) A political committee organized by a business entity shall 470
575	575		not make a contribution or contributions to (1) a state central committee 471
576	576		of a political party, in excess of seven thousand five hundred dollars in 472
577	577		any calendar year, (2) a town committee of any political party, in excess 473
578	578		of one thousand five hundred dollars in any calendar year, (3) an 474
579	579		exploratory committee in excess of three hundred seventy-five dollars, 475 Substitute Bill No. 1225
580	580
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584	584		16 of 30
585	585
586	586		or (4) any other kind of political committee, in excess of two thousand 476
587	587		dollars in any calendar year. 477
588	588		[(f)] (e) As used in this subsection, "investment services" means 478
589	589		investment legal services, investment banking services, investment 479
590	590		advisory services, underwriting services, financial advisory services or 480
591	591		brokerage firm services. [No] A political committee established by a 481
592	592		firm which provides investment services and to which the State 482
593	593		Treasurer pays compensation, expenses or fees or issues a contract shall 483
594	594		not make a contribution to, or solicit contributions on behalf of, an 484
595	595		exploratory committee or candidate committee established by a 485
596	596		candidate for nomination or election to the office of State Treasurer 486
597	597		during the term of office of the State Treasurer who does business with 487
598	598		such firm. 488
599	599		[(g)] (f) (1) Notwithstanding the provisions of subsections (a) to (e), 489
600	600		inclusive, of this section, a [corporation, cooperative association, limited 490
601	601		partnership, professional association, limited liability company or 491
602	602		limited liability partnership, whether formed in this state or any other, 492
603	603		acting alone,] business entity may make independent expenditures and 493
604	604		contributions to an independent expenditure political committee. 494
605	605		(2) An independent expenditure political committee organized by a 495
606	606		business entity shall not make any contribution unless such contribution 496
607	607		is to another independent expenditure political committee. 497
608	608		Sec. 11. Section 9-614 of the general statutes is repealed and the 498
609	609		following is substituted in lieu thereof (Effective from passage): 499
610	610		(a) An organization may make contributions or expenditures, other 500
611	611		than [those made to promote] for the purposes of promoting the success 501
612	612		or defeat of a referendum question, only by first forming its own 502
613	613		political committee. [The] Unless such political committee is an 503
614	614		independent expenditure political committee, the political committee 504
615	615		shall then be authorized to (1) receive funds (A) exclusively from the 505
616	616		organization's treasury or from voluntary contributions made by its 506 Substitute Bill No. 1225
617	617
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621	621		17 of 30
622	622
623	623		members, but not both, (B) from another political committee, or [,] (C) 507
624	624		from a candidate committee distributing a surplus, and [(1) to] (2) make 508
625	625		(A) contributions or expenditures to, or for the benefit of, a candidate's 509
626	626		campaign or a political party, or [(2) to make] (B) contributions to 510
627	627		another political committee. [No] An organization shall not form more 511
628	628		than one political committee. A political committee shall be deemed to 512
629	629		have been established by an organization if the initial contribution to the 513
630	630		committee is made by the organization's treasury or an officer or 514
631	631		director of the organization. 515
632	632		(b) A political committee established by an organization may elect to 516
633	633		alter the manner in which it is funded if it complies with the 517
634	634		requirements of this subsection. The committee chairperson shall notify 518
635	635		the repository with which the committee's most recent statement of 519
636	636		organization is filed, in writing, of the committee's intent to alter its 520
637	637		manner of funding. [Within] Not later than fifteen days after the date of 521
638	638		receipt of such notification, the treasurer of such political committee 522
639	639		shall return any funds remaining in the account of the committee to the 523
640	640		organization's treasury after payment of each outstanding liability. 524
641	641		[Within] Not later than seven days after the distribution and payments 525
642	642		have been made, the treasurer shall file a statement with the same 526
643	643		repository itemizing each such distribution and payment. Upon such 527
644	644		filing, the treasurer may receive voluntary contributions from any 528
645	645		member of the organization which established such committee subject 529
646	646		to the limitations imposed in subsection (b) of section 9-612, as amended 530
647	647		by this act. 531
648	648		(c) The chairperson of each political committee established by an 532
649	649		organization on or after July 1, 1985, shall designate the manner in 533
650	650		which the committee shall be funded in the committee's statement of 534
651	651		organization. 535
652	652		(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 536
653	653		of this section, an organization [, acting alone,] may make independent 537
654	654		expenditures and contributions to an independent expenditure political 538
655	655		committee. 539 Substitute Bill No. 1225
656	656
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661	661
662	662		Sec. 12. Section 9-615 of the general statutes is repealed and the 540
663	663		following is substituted in lieu thereof (Effective from passage): 541
664	664		(a) [No] A political committee established by an organization shall 542
665	665		not make a contribution or contributions to, or for the benefit of, any 543
666	666		candidate's campaign for nomination at a primary or for election to the 544
667	667		office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 545
668	668		Governor, Secretary of the State, Treasurer, Comptroller or Attorney 546
669	669		General, in excess of three thousand dollars; (3) chief executive officer 547
670	670		of a town, city or borough, in excess of one thousand five hundred 548
671	671		dollars; (4) state senator or probate judge, in excess of one thousand five 549
672	672		hundred dollars; (5) state representative, in excess of seven hundred 550
673	673		fifty dollars; or (6) any other office of a municipality not previously 551
674	674		included in this subsection, in excess of three hundred seventy-five 552
675	675		dollars. 553
676	676		(b) [No such] A political committee established by an organization 554
677	677		shall not make a contribution or contributions to, or for the benefit of, 555
678	678		an exploratory committee, in excess of three hundred seventy-five 556
679	679		dollars. Any such political committee may make unlimited 557
680	680		contributions to a political committee formed solely to aid or promote 558
681	681		the success or defeat of a referendum question. 559
682	682		(c) The limits imposed by subsection (a) of this section shall apply 560
683	683		separately to primaries and elections. [and no such] A political 561
684	684		committee established by an organization shall not make contributions 562
685	685		to the candidates designated in this section which in the aggregate 563
686	686		exceed fifty thousand dollars for any single election and primary 564
687	687		preliminary thereto. 565
688	688		(d) [No] Except as provided in subsection (f) of this section, a political 566
689	689		committee established by an organization shall not make contributions 567
690	690		in any one calendar year to, or for the benefit of, (1) the state central 568
691	691		committee of a political party, in excess of seven thousand five hundred 569
692	692		dollars; (2) a town committee, in excess of one thousand five hundred 570
693	693		dollars; or (3) any political committee, other than an exploratory 571 Substitute Bill No. 1225
694	694
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699	699
700	700		committee or a committee formed solely to aid or promote the success 572
701	701		or defeat of a referendum question, in excess of two thousand dollars. 573
702	702		(e) Contributions to a political committee established by an 574
703	703		organization shall be subject to the provisions of section 9-618, as 575
704	704		amended by this act, in the case of a committee formed for ongoing 576
705	705		political activity or section 9-619, as amended by this act, in the case of 577
706	706		a committee formed for a single election or primary. 578
707	707		(f) An independent expenditure political committee established by an 579
708	708		organization shall not make any contribution unless such contribution 580
709	709		is to another independent expenditure political committee. 581
710	710		Sec. 13. Subsection (a) of section 9-618 of the general statutes is 582
711	711		repealed and the following is substituted in lieu thereof (Effective from 583
712	712		passage): 584
713	713		(a) (1) A political committee organized for ongoing political activities 585
714	714		may make unlimited contributions to, or for the benefit of, any national 586
715	715		committee of a political party [;] or a committee of a candidate for 587
716	716		federal or out-of-state office. Except as provided in subdivision (3) of 588
717	717		subsection (d) of this section, no such political committee shall make a 589
718	718		contribution or contributions in excess of two thousand dollars to 590
719	719		another political committee in any calendar year. No political committee 591
720	720		organized for ongoing political activities shall make a contribution in 592
721	721		excess of three hundred seventy-five dollars to an exploratory 593
722	722		committee. If such an ongoing committee is established by an 594
723	723		organization or a business entity, its contributions shall be subject to the 595
724	724		limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 596
725	725		act. A political committee organized for ongoing political activities may 597
726	726		make [contributions] donations to a charitable organization which is a 598
727	727		tax-exempt organization under Section 501(c)(3) of the Internal Revenue 599
728	728		Code, as from time to time amended, or make memorial [contributions] 600
729	729		donations. 601
730	730		(2) An independent expenditure political committee organized for 602 Substitute Bill No. 1225
731	731
732	732
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736	736
737	737		ongoing political activities shall not make any contribution unless such 603
738	738		contribution is to another independent expenditure political committee. 604
739	739		Sec. 14. Subsection (a) of section 9-619 of the general statutes is 605
740	740		repealed and the following is substituted in lieu thereof (Effective from 606
741	741		passage): 607
742	742		(a) [No] (1) A political committee established for a single primary or 608
743	743		election shall not make contributions to a national committee, or a 609
744	744		committee of a candidate for federal or out-of-state office. If such a 610
745	745		political committee is established by an organization or a business 611
746	746		entity, its contributions shall also be subject to the limitations imposed 612
747	747		by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 613
748	748		provided in subdivision (2) of subsection (d) of this section, [no] a 614
749	749		political committee [formed] established for a single primary or election 615
750	750		[or primary] shall not, with respect to such primary or election, [or 616
751	751		primary] make a contribution or contributions in excess of two thousand 617
752	752		dollars to another political committee, provided [no] any such political 618
753	753		committee shall not make a contribution in excess of three hundred 619
754	754		seventy-five dollars to an exploratory committee. 620
755	755		(2) An independent expenditure political committee established for a 621
756	756		single primary or election shall not make any contribution unless such 622
757	757		contribution is to another independent expenditure political committee. 623
758	758		Sec. 15. Section 9-620 of the general statutes is repealed and the 624
759	759		following is substituted in lieu thereof (Effective from passage): 625
760	760		(a) [A political committee formed solely to aid or promote the success 626
761	761		or defeat of a referendum question shall not make contributions to, or 627
762	762		for the benefit of, a party committee, a political committee, a national 628
763	763		committee, a committee of a candidate for federal or out-of-state office 629
764	764		or a candidate committee, except in the distribution of a surplus, as 630
765	765		provided in subsection (e) of section 9-608] Subject to the provisions of 631
766	766		this chapter, any person may establish an independent expenditure 632
767	767		political committee that may only make expenditures without the 633 Substitute Bill No. 1225
768	768
769	769
770		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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772	772		21 of 30
773	773
774	774		consent, coordination or consultation of, a candidate or agent of the 634
775	775		candidate, candidate committee, party committee or political 635
776	776		committee. Subject to the provisions of this chapter, any such 636
777	777		independent expenditure political committee may accept contributions 637
778	778		from any person. 638
779	779		(b) [A political committee formed solely to aid or promote the success 639
780	780		or defeat of a referendum question shall not receive contributions from 640
781	781		a national committee or from a committee of a candidate for federal or 641
782	782		out-of-state office] Any person may establish an independent 642
783	783		expenditure political committee solely to aid or promote the success or 643
784	784		defeat of a single referendum question, or of multiple referendum 644
785	785		questions submitted to a vote on the same date. Such committee may 645
786	786		only make independent expenditures to aid or promote the success or 646
787	787		defeat of a single referendum question, or of multiple referendum 647
788	788		questions submitted to a vote on the same date. Subject to the provisions 648
789	789		of this chapter, such committee may accept contributions from any 649
790	790		person. 650
791	791		(c) [No person, other than an individual or a committee, shall make a 651
792	792		contribution to a political committee formed solely to aid or promote the 652
793	793		success or defeat of a referendum question, or to any other person, to 653
794	794		aid or promote the success or defeat of a referendum question, in excess 654
795	795		of ten cents for each individual residing in the state or political 655
796	796		subdivision thereof in which such referendum question is to be voted 656
797	797		upon, in accordance with the last federal decennial census] Except as 657
798	798		provided in this section, an independent expenditure political 658
799	799		committee shall not make contributions to, or for the benefit of, a party 659
800	800		committee, a political committee, a national committee, a committee of 660
801	801		a candidate for federal or out-of-state office or a candidate committee. 661
802	802		(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 662
803	803		of this section, an independent expenditure political committee may 663
804	804		make contributions to another independent expenditure political 664
805	805		committee, make donations to any organization which is a tax-exempt 665
806	806		organization under Sections 501(c)(3) and 501(c)(19) of the Internal 666 Substitute Bill No. 1225
807	807
808	808
809		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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	809	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225-
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811	811		22 of 30
812	812
813	813		Revenue Code, as amended from time to time, and refund contributions 667
814	814		to contributors. 668
815	815		Sec. 16. Subsections (c) to (m), inclusive, of section 9-621 of the general 669
816	816		statutes are repealed and the following is substituted in lieu thereof 670
817	817		(Effective from passage): 671
818	818		(c) (1) No business entity, organization, association, committee, or 672
819	819		group of two or more individuals who have joined solely to promote the 673
820	820		success or defeat of a referendum question shall make or incur any 674
821	821		expenditure for any written, typed or other printed communication 675
822	822		which promotes the success or defeat of any referendum question unless 676
823	823		such communication bears upon its face, as a disclaimer, the words 677
824	824		"paid for by" and the following: [(1)] (A) In the case of a business entity, 678
825	825		organization or association, the name of the business entity, 679
826	826		organization or association and the name of its chief executive officer or 680
827	827		equivalent, and in the case such communication is made during the 681
828	828		ninety-day period immediately prior to the referendum, such 682
829	829		communication shall also bear on its face the names of the five persons 683
830	830		who made the five largest aggregate covered transfers to such business 684
831	831		entity, organization or association during the twelve-month period 685
832	832		immediately prior to such referendum. The communication shall also 686
833	833		state that additional information about the business entity, organization 687
834	834		or association making such communication may be found on the State 688
835	835		Elections Enforcement Commission's Internet web site; [(2)] (B) in the 689
836	836		case of a political committee, the name of the committee and the name 690
837	837		of its treasurer; [(3)] (C) in the case of a party committee, the name of the 691
838	838		committee; or [(4)] (D) in the case of such a group of two or more 692
839	839		individuals, the name of the group and the name and address of its 693
840	840		agent. 694
841	841		(2) No person shall make or incur an independent expenditure for: 695
842	842		(A) A video broadcast by television, satellite or Internet which 696
843	843		promotes the success or defeat of any referendum question unless such 697
844	844		video is accompanied by the disclaimer described in subdivision (2) of 698 Substitute Bill No. 1225
845	845
846	846
847		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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849	849		23 of 30
850	850
851	851		subsection (h) of this section; 699
852	852		(B) An audio communication broadcast by radio, satellite or Internet 700
853	853		which promotes the success or defeat of any referendum question unless 701
854	854		such audio communication is accompanied by the disclaimer described 702
855	855		in subdivision (3) of subsection (h) of this section; or 703
856	856		(C) Telephone calls which promote the success or defeat of any 704
857	857		referendum question unless such telephone calls are accompanied by 705
858	858		the disclaimer described in subdivision (4) of subsection (h) of this 706
859	859		section. 707
860	860		(d) The provisions of subsections (a), (b), [and] (c) and (h) of this 708
861	861		section do not apply to (1) any editorial, news story, or commentary 709
862	862		published in any newspaper, magazine or journal on its own behalf and 710
863	863		upon its own responsibility and for which it does not charge or receive 711
864	864		any compensation whatsoever, (2) any banner, (3) political 712
865	865		paraphernalia including pins, buttons, badges, emblems, hats, bumper 713
866	866		stickers or other similar materials, or (4) signs with a surface area of not 714
867	867		more than thirty-two square feet. 715
868	868		(e) The treasurer of a candidate committee which sponsors any 716
869	869		written, typed or other printed communication for the purpose of 717
870	870		raising funds to eliminate a campaign deficit of that committee shall 718
871	871		include in such communication a statement that the funds are sought to 719
872	872		eliminate such a deficit. 720
873	873		(f) The treasurer of an exploratory committee or candidate committee 721
874	874		established by a candidate for nomination or election to the office of 722
875	875		Treasurer which committee sponsors any written, typed or other 723
876	876		printed communication for the purpose of raising funds shall include in 724
877	877		such communication a statement concerning the prohibitions set forth 725
878	878		in subsection (n) of section 1-84, subsection (e) of section 9-612 and 726
879	879		subsection (f) of section 9-613, as amended by this act. 727
880	880		(g) In the event a treasurer of a candidate committee is replaced 728
881	881		pursuant to subsection (c) of section 9-602, nothing in this section shall 729 Substitute Bill No. 1225
882	882
883	883
884		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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886	886		24 of 30
887	887
888	888		be construed to prohibit the candidate committee from distributing any 730
889	889		printed communication subject to the provisions of this section that has 731
890	890		already been printed or otherwise produced, even though such 732
891	891		communication does not accurately designate the successor treasurer of 733
892	892		such candidate committee. 734
893	893		(h) (1) No person shall make or incur an independent expenditure for 735
894	894		any written, typed or other printed communication, including on a 736
895	895		billboard, or any web-based, written communication, which 737
896	896		communication promotes the success or defeat of any candidate's 738
897	897		campaign for nomination at a primary or election, unless such 739
898	898		communication bears upon its face, as a disclaimer, the words "Paid for 740
899	899		by" and the name of such person and the following statement: "This 741
900	900		message was made independent of any candidate or political party.". In 742
901	901		the case of a person making or incurring such an independent 743
902	902		expenditure during the ninety-day period immediately prior to the 744
903	903		primary or election for which the independent expenditure is made, 745
904	904		such communication shall also bear upon its face the names of the five 746
905	905		persons who made the five largest aggregate covered transfers to the 747
906	906		person making such communication during the twelve-month period 748
907	907		immediately prior to such primary or election, as applicable. The 749
908	908		communication shall also state that additional information about the 750
909	909		person making such communication may be found on the State 751
910	910		Elections Enforcement Commission's Internet web site. 752
911	911		(2) In addition to the requirements of subdivision (1) of this 753
912	912		subsection, no person shall make or incur an independent expenditure 754
913	913		for a video broadcast by television, satellite or Internet, unless at the end 755
914	914		of such advertising there appears for a period of not less than four 756
915	915		seconds as a disclaimer, the following as an audio message and a written 757
916	916		statement: "This message was paid for by (person making the 758
917	917		communication) and made independent of any candidate or political 759
918	918		party.". In the case of a person making or incurring such an independent 760
919	919		expenditure during the ninety-day period immediately prior to the 761
920	920		primary or election for which the independent expenditure is made, 762 Substitute Bill No. 1225
921	921
922	922
923		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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925	925		25 of 30
926	926
927	927		such communication shall also list the names of the five persons who 763
928	928		made the five largest aggregate covered transfers to the person making 764
929	929		such communication during the twelve-month period immediately 765
930	930		prior to such primary or election, as applicable. The communication 766
931	931		shall also state that additional information about the person making 767
932	932		such communication may be found on the State Elections Enforcement 768
933	933		Commission's Internet web site. 769
934	934		(3) In addition to the requirements of subdivision (1) of this 770
935	935		subsection, no person shall make or incur an independent expenditure 771
936	936		for an audio communication broadcast by radio, satellite or Internet, 772
937	937		unless the advertising ends with a disclaimer that is a personal audio 773
938	938		statement by such person's agent (A) identifying the person paying for 774
939	939		the expenditure, and (B) indicating that the message was made 775
940	940		independent of any candidate or political party, using the following 776
941	941		form: "I am .... (name of the person's agent), .... (title), of .... (the person). 777
942	942		This message was made independent of any candidate or political 778
943	943		party.". In the case of a person making or incurring such an independent 779
944	944		expenditure during the ninety-day period immediately prior to the 780
945	945		primary or election for which the independent expenditure is made, 781
946	946		such communication shall state the names of the five persons who made 782
947	947		the five largest aggregate covered transfers to the person making such 783
948	948		communication during the twelve-month period immediately prior to 784
949	949		such primary or election, as applicable. The communication shall also 785
950	950		state that additional information about the person making such 786
951	951		communication may be found on the State Elections Enforcement 787
952	952		Commission's Internet web site. 788
953	953		(4) In addition to the requirements of subdivision (1) of this 789
954	954		subsection, no person shall make or incur an independent expenditure 790
955	955		for telephone calls, unless the narrative of the telephone call identifies 791
956	956		the person making the expenditure and during the ninety-day period 792
957	957		immediately prior to the primary or election for which the independent 793
958	958		expenditure is made, such communication shall state the names of the 794
959	959		five persons who made the five largest aggregate covered transfers to 795 Substitute Bill No. 1225
960	960
961	961
962		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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964	964		26 of 30
965	965
966	966		the person making such communication during the twelve-month 796
967	967		period immediately prior to such primary or election, as applicable. The 797
968	968		communication shall also state that additional information about the 798
969	969		person making such communication may be found on the State 799
970	970		Elections Enforcement Commission's Internet web site. 800
971	971		(i) In any [print, television or social media promotion of a slate of] 801
972	972		organization expenditure for a party candidate listing of a candidate or 802
973	973		candidates by a party committee, [the party] legislative caucus 803
974	974		committee or legislative leadership committee, such committee shall use 804
975	975		applicable disclaimers pursuant to the provisions of this section for such 805
976	976		[promotion] organization expenditure, and no individual candidate 806
977	977		disclaimers shall be required. 807
978	978		(j) (1) Except as provided in subdivisions (2) and (3) of this subsection, 808
979	979		if any person whose name is included on a disclaimer of a 809
980	980		communication pursuant to the provisions of this section, as a person 810
981	981		who made a covered transfer to the maker of the communication, is also 811
982	982		a recipient of a covered transfer, the maker of the communication, as 812
983	983		part of any report filed pursuant to section 9-601d, as amended by this 813
984	984		act, associated with the making of such communication, shall include 814
985	985		the names of the five persons who made the top five largest aggregate 815
986	986		covered transfers to such recipient during the twelve-month period 816
987	987		immediately prior to the primary or election, as applicable. 817
988	988		(2) The name of any person who made a covered transfer to a tax-818
989	989		exempt organization recognized under Section 501(c)(4) of the Internal 819
990	990		Revenue Code of 1986, or any subsequent corresponding internal 820
991	991		revenue code of the United States, as amended from time to time, that 821
992	992		has not had its tax exempt status revoked, shall not be disclosed 822
993	993		pursuant to the provisions of subdivision (1) of this subsection. 823
994	994		(3) The name of any person who made a covered transfer to a person 824
995	995		whose name is included on a disclaimer pursuant to the provisions of 825
996	996		this section shall not be disclosed pursuant to the provisions of 826
997	997		subdivision (1) of this subsection if the recipient of such covered transfer 827 Substitute Bill No. 1225
998	998
999	999
1000		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
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	1000	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225-
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1002	1002		27 of 30
1003	1003
1004	1004		accepts covered transfers from at least one hundred different sources, 828
1005	1005		provided no such source accounts for ten per cent or more of the total 829
1006	1006		amount of covered transfers accepted by the recipient during the 830
1007	1007		twelve-month period immediately prior to the primary or election, as 831
1008	1008		applicable. 832
1009	1009		(k) Any disclaimer required to be on the face of a written, typed or 833
1010	1010		other printed communication pursuant to the provisions of this section 834
1011	1011		shall be printed in no smaller than eight-point type of uniform font 835
1012	1012		when such disclaimer is on a communication contained in a flyer or 836
1013	1013		leaflet, newspaper, magazine or similar literature, or that is delivered by 837
1014	1014		mail. 838
1015	1015		(l) Notwithstanding the provisions of subsections (a) to (k), inclusive, 839
1016	1016		of this section, no person making an independent expenditure for a 840
1017	1017		communication shall be required to list as part of any disclaimer 841
1018	1018		pursuant to this section any person whose covered transfers to the 842
1019	1019		maker of the communication are not in an aggregate amount of five 843
1020	1020		thousand dollars or more during the twelve-month period immediately 844
1021	1021		prior to the primary, [or] election or referendum, as applicable, for 845
1022	1022		which such independent expenditure is made. 846
1023	1023		(m) Notwithstanding the provisions of subsections (a) to (k), 847
1024	1024		inclusive, of this section, any disclaimer required to be on the face of any 848
1025	1025		Internet text advertisement communication (1) that appears based on 849
1026	1026		the result of a search conducted by a user of an Internet search engine, 850
1027	1027		and (2) the text of which contains two hundred or fewer characters, shall 851
1028	1028		not be required to list the names of the five persons who made the top 852
1029	1029		five largest aggregate covered transfers to the maker of such 853
1030	1030		communication, as otherwise required by this section, if such disclaimer 854
1031	1031		(A) includes a link to an Internet web site that discloses the names of 855
1032	1032		such five persons, and (B) otherwise contains any statement required 856
1033	1033		pursuant to the provisions of this section. 857
1034	1034		Sec. 17. Subdivision (1) of subsection (g) of section 9-7a of the general 858
1035	1035		statutes is repealed and the following is substituted in lieu thereof 859 Substitute Bill No. 1225
1036	1036
1037	1037
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1040	1040		28 of 30
1041	1041
1042	1042		(Effective from passage): 860
1043	1043		(g) (1) (A) In the case of a written complaint filed with the commission 861
1044	1044		pursuant to section 9-7b, commission staff shall conduct and complete a 862
1045	1045		preliminary examination of such complaint by the fourteenth day 863
1046	1046		following its receipt, at which time such staff shall, at its discretion, [(A)] 864
1047	1047		(i) dismiss the complaint for failure to allege any substantial violation of 865
1048	1048		state election law supported by evidence, [(B)] (ii) engage the 866
1049	1049		respondent in discussions in an effort to speedily resolve any matter 867
1050	1050		pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 868
1051	1051		the complaint for a determination by the commission that probable 869
1052	1052		cause or no probable cause exists for any such violation. If commission 870
1053	1053		staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 871
1054	1054		subdivision, such staff shall provide a brief written statement concisely 872
1055	1055		setting forth the reasons for such dismissal. If commission staff engages 873
1056	1056		a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 874
1057	1057		but is unable to speedily resolve any such matter described in said 875
1058	1058		subparagraph by the forty-fifth day following receipt of the complaint, 876
1059	1059		such staff shall docket such complaint for a determination by the 877
1060	1060		commission that probable cause or no probable cause exists for any 878
1061	1061		violation of state election law. If the commission does not, by the sixtieth 879
1062	1062		day following receipt of the complaint, either issue a decision or render 880
1063	1063		its determination that probable cause or no probable cause exists for any 881
1064	1064		violation of state election laws, the complainant or respondent may 882
1065	1065		apply to the superior court for the judicial district of Hartford for an 883
1066	1066		order to show cause why the commission has not acted upon the 884
1067	1067		complaint and to provide evidence that the com mission has 885
1068	1068		unreasonably delayed action. 886
1069	1069		(B) (i) For any complaint received on or after January 1, 2018, but prior 887
1070	1070		to July 1, 2023, if the commission does not, by one year following receipt 888
1071	1071		of such complaint, issue a decision thereon, the commission shall 889
1072	1072		dismiss such complaint, provided the length of time of any delay caused 890
1073	1073		by [(i)] (I) the commission or commission staff granting any extension 891
1074	1074		or continuance to a respondent prior to the issuance of any such 892 Substitute Bill No. 1225
1075	1075
1076	1076
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1079	1079		29 of 30
1080	1080
1081	1081		decision, [(ii)] (II) any subpoena issued in connection with such 893
1082	1082		complaint, [(iii)] (III) any litigation in state or federal court related to 894
1083	1083		such complaint, or [(iv)] (IV) any investigation by, or consultation of the 895
1084	1084		commission or commission staff with, the Chief State's Attorney, the 896
1085	1085		Attorney General, the United States Department of Justice or the United 897
1086	1086		States Attorney for Connecticut related to such complaint, shall be 898
1087	1087		added to such one year. 899
1088	1088		(ii) For any complaint received on or after July 1, 2023, if the 900
1089	1089		commission does not, by one year following receipt of such complaint, 901
1090	1090		find reason to believe that a violation of state election law has been 902
1091	1091		committed and commence a contested case, as defined in section 4-166, 903
1092	1092		the commission shall dismiss such complaint, provided the length of 904
1093	1093		time of any delay caused by (I) the commission or commission staff 905
1094	1094		granting any extension or continuance to a respondent prior to the 906
1095	1095		issuance of any such decision, (II) any subpoena issued in connection 907
1096	1096		with such complaint, (III) any litigation in state or federal court related 908
1097	1097		to such complaint, (IV) any investigation by the commission or 909
1098	1098		commission staff involving a potential violation of state election law by 910
1099	1099		a foreign national, as defined in 52 USC 30121(b), as amended from time 911
1100	1100		to time, or of section 9-601c or 9-601d, as amended by this act, or (V) any 912
1101	1101		investigation by, or consultation of the commission or commission staff 913
1102	1102		with, the Chief State's Attorney, the Attorney General, the United States 914
1103	1103		Department of Justice or the United States Attorney for Connecticut 915
1104	1104		related to such complaint, shall be added to such one year. 916
1105	1105		Sec. 18. Subdivision (18) of section 53a-119 of the general statutes is 917
1106	1106		repealed and the following is substituted in lieu thereof (Effective from 918
1107	1107		passage): 919
1108	1108		(18) Failure to repay surplus Citizens' Election Fund grant funds. A 920
1109	1109		person is guilty of failure to repay surplus Citizens' Election Fund grant 921
1110	1110		funds when such person fails to return to the Citizens' Election Fund 922
1111	1111		any surplus funds from a grant made pursuant to sections 9-700 to 9-923
1112	1112		716, inclusive, [not later than ninety days after the primary or election 924
1113	1113		for which the grant is made] within the time prescribed for the 925 Substitute Bill No. 1225
1114	1114
1115	1115
1116		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2023SB-01225-
1117		-	~~R02~~-SB.docx }
	1116	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SB-01225-
	1117	+	R01-SB.docx }
1118	1118		30 of 30
1119	1119
1120	1120		distribution of surplus under subdivision (1) of subsection (e) of section 926
1121	1121		9-608, as amended by this act. 927
1122	1122		This act shall take effect as follows and shall amend the following
1123	1123		sections:
1124	1124
1125	1125		Section 1 from passage 9-601(33)
1126	1126		Sec. 2 from passage 9-601(3)
1127	1127		Sec. 3 from passage 9-601c(e)
1128	1128		Sec. 4 from passage 9-601d(a) to (i)
1129	1129		Sec. 5 from passage 9-605(b)
1130	1130		Sec. 6 from passage 9-607(g)(1)
1131	1131		Sec. 7 from passage 9-608(e)(1)(C)
1132	1132		Sec. 8 from passage 9-611
1133	1133		Sec. 9 from passage 9-612(a) and (b)
1134	1134		Sec. 10 from passage 9-613
1135	1135		Sec. 11 from passage 9-614
1136	1136		Sec. 12 from passage 9-615
1137	1137		Sec. 13 from passage 9-618(a)
1138	1138		Sec. 14 from passage 9-619(a)
1139	1139		Sec. 15 from passage 9-620
1140	1140		Sec. 16 from passage 9-621(c) to (m)
1141	1141		Sec. 17 from passage 9-7a(g)(1)
1142	1142		Sec. 18 from passage 53a-119(18)
1143	1143
	1144	+	Statement of Legislative Commissioners:
	1145	+	In Section 4(i), "[the] such person" was changed to "the person" in
	1146	+	Subdiv. (2) for clarity, and "chairman" was changed to "chairperson" in
	1147	+	Subdiv. (3)(A)(i) for consistency with standard drafting conventions; in
	1148	+	Section 5(b)(10), "an" was added before "individual", and "the [entity or
	1149	+	organization] person" was changed to "[the entity or organization] such
	1150	+	person", for clarity; in Section 14(a)(1), references to "election or
	1151	+	primary" were changed to "primary or election [or primary]" for
	1152	+	consistency; and in Section 16(c)(2)(B), "section; and" was changed to
	1153	+	"section; or" for clarity.
1144	1154
1145	1155		GAE Joint Favorable Subst.
1146		-	JUD Joint Favorable
1147	1156