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General Assembly Substitute Bill No. 392
February Session, 2024
AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES
AND STATE ELECTIONS ENFORCEMENT COMMISSION
COMPLAINTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 9-704 of the 2024 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective from passage): 3
(e) (1) The following shall not be deemed to be qualifying 4
contributions under subsection (a) of this section and shall be returned 5
by the treasurer of the candidate committee to the contributor [or 6
transmitted to the State Elections Enforcement Commission for deposit 7
in the Citizens' Election Fund] in accordance with the provisions of 8
subdivision (2) of this subsection: 9
[(1)] (A) A contribution from a principal of a state contractor or 10
prospective state contractor; 11
[(2)] (B) A contribution of less than five dollars, and a contribution of 12
five dollars or more from an individual who does not provide the full 13
name and complete address of the individual; 14
[(3)] (C) A contribution under subdivision (1) or (2) of subsection (a) 15
of this section from an individual who does not reside in the state, in 16
excess of the applicable limit on contributions from out-of-state 17 Substitute Bill No. 392
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individuals in subsection (a) of this section; and 18
[(4)] (D) A contribution made by a youth who is less than twelve years 19
of age. 20
(2) In the case of a contribution described in subdivision (1) of this 21
subsection that is submitted by the treasurer of the candidate committee 22
to the State Elections Enforcement Commission as part of an application 23
for a grant under the Citizens' Election Program, which contribution the 24
commission accordingly deems not to be a qualifying contribution 25
pursuant to subsection (d) of section 9-706, as amended by this act, the 26
treasurer shall refund such contribution to the contributor upon its 27
return to the committee in accordance with subsection (d) of section 9-28
706. 29
Sec. 2. Subsection (d) of section 9-706 of the 2024 supplement to the 30
general statutes is repealed and the following is substituted in lieu 31
thereof (Effective from passage): 32
(d) In accordance with the provisions of subsection (g) of this section, 33
the commission shall review the application [,] and determine whether 34
(1) the candidate committee for the applicant has received the required 35
qualifying contributions, (2) in the case of an application for a grant from 36
the fund for a convention campaign, the applicant has met the 37
applicable condition under subsection (a) of this section for applying for 38
such grant and complied with the provisions of subsections (b) and (c) 39
of this section, (3) in the case of an application for a grant from the fund 40
for a primary campaign, the applicant has met the applicable condition 41
under subsection (a) of this section for applying for such grant and 42
complied with the provisions of subsections (b) and (c) of this section, 43
(4) in the case of an application for a grant from the fund for a general 44
election campaign, the applicant has met the applicable condition under 45
subsection (a) of this section for applying for such grant and complied 46
with the provisions of subsections (b) and (c) of this section, and (5) in 47
the case of an application by a minor party or petitioning party 48
candidate for a grant from the fund for a general election campaign, the 49 Substitute Bill No. 392
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applicant qualifies as an eligible minor party candidate or an eligible 50
petitioning party candidate, whichever is applicable. For each 51
contribution received by the candidate committee of an applicant that 52
the commission deems not to be a qualifying contribution, the 53
commission shall (A) advise such applicant of such determination and 54
cite the applicable reason under subsection (e) of section 9-704, as 55
amended by this act, for such determination, and (B) return such 56
contribution to the committee. If the commission approves an 57
application, the commission shall determine the amount of the grant 58
payable to the candidate committee for the applicant pursuant to section 59
9-705 from the fund, and notify the State Comptroller and the candidate 60
of such candidate committee of such amount. If the timing of the 61
commission's approval of the grant for a primary campaign or general 62
election campaign in relation to the Secretary of the State's 63
determination of ballot status is such that the commission cannot 64
determine whether the qualified candidate committee is entitled to the 65
applicable full initial grant for the primary or election or the applicable 66
partial grant for the primary or election, as the case may be, the 67
commission shall approve the lesser applicable partial initial grant. The 68
commission shall then authorize the payment of the remaining portion 69
of the applicable primary campaign or general election campaign grant 70
after the commission has knowledge of the circumstances regarding the 71
ballot status of the opposing candidates in such primary or election. Not 72
later than thirty days following notification by the commission in the 73
case of a convention campaign grant, or not later than two business days 74
following notification by the commission in the case of any other grant, 75
the State Comptroller shall draw an order on the State Treasurer for 76
payment of any such approved amount to the qualified candidate 77
committee from the fund. 78
Sec. 3. Subsection (b) of section 9-606 of the general statutes is 79
repealed and the following is substituted in lieu thereof (Effective from 80
passage): 81
(b) A contribution in the form of a check drawn on a joint bank 82
account shall, for the purpose of allocation, be deemed to be a 83 Substitute Bill No. 392
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contribution made by the individual who signed the check, except such 84
contribution shall be allocated in accordance with the provisions of a 85
signed statement, if any, from the holders of such joint bank account that 86
indicates how such contribution should be differently allocated. If a 87
check is signed by more than one individual, the total amount of the 88
check shall be divided equally among the cosigners for the purpose of 89
allocation, except such contribution shall be allocated in accordance 90
with the provisions of a signed statement, if any, from the holders of 91
such joint bank account that indicates how such contribution should be 92
differently allocated. The treasurer of a candidate committee may accept 93
a contribution from a contributor through the mobile application 94
electronic payment service account of such contributor, provided (1) the 95
source of such contribution is the personal checking or credit card 96
account of such contributor, and (2) such contributor and treasurer 97
comply with all requirements under subdivisions (2) and (3) of 98
subsection (c) of section 9-608 for such contribution. If a committee 99
receives an anonymous contribution, the treasurer shall immediately 100
remit the contribution to the State Elections Enforcement Commission 101
for deposit in the General Fund. 102
Sec. 4. Subsection (d) of section 9-611 of the general statutes is 103
repealed and the following is substituted in lieu thereof (Effective from 104
passage): 105
(d) No individual shall make a contribution, other than a contribution 106
in kind, to (1) any candidate or candidate committee [, other than a 107
contribution in kind,] in excess of one hundred dollars except by 108
personal check or credit card of [that] such individual, including 109
through the mobile application electronic payment service account of 110
such individual as provided under subsection (b) of section 9-606, as 111
amended by this act, and (2) any other committee in excess of one 112
hundred dollars except by personal check or credit card of such 113
individual. 114
Sec. 5. Subdivision (1) of subsection (g) of section 9-7a of the general 115
statutes is repealed and the following is substituted in lieu thereof 116 Substitute Bill No. 392
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(Effective from passage): 117
(g) (1) (A) In the case of a written complaint filed with the commission 118
pursuant to section 9-7b, commission staff shall conduct and complete a 119
preliminary examination of such complaint by the fourteenth day 120
following its receipt, at which time such staff shall, at its discretion, [(A)] 121
(i) dismiss the complaint for failure to allege any substantial violation of 122
state election law supported by evidence, [(B)] (ii) engage the 123
respondent in discussions in an effort to speedily resolve any matter 124
pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 125
the complaint for a determination by the commission that probable 126
cause or no probable cause exists for any such violation. If commission 127
staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 128
subdivision, such staff shall provide a brief written statement concisely 129
setting forth the reasons for such dismissal. If commission staff engages 130
a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 131
but is unable to speedily resolve any such matter described in said 132
subparagraph by the forty-fifth day following receipt of the complaint, 133
such staff shall docket such complaint for a determination by the 134
commission that probable cause or no probable cause exists for any 135
violation of state election law. If the commission does not, by the sixtieth 136
day following receipt of the complaint, either issue a decision or render 137
its determination that probable cause or no probable cause exists for any 138
violation of state election laws, the complainant or respondent may 139
apply to the superior court for the judicial district of Hartford for an 140
order to show cause why the commission has not acted upon the 141
complaint and to provide evidence that the commission has 142
unreasonably delayed action. For any complaint received on or after 143
January 1, 2018, if the commission does not, by one year following 144
receipt of such complaint, issue a decision thereon, the commission shall 145
dismiss such complaint, provided the length of time of any delay caused 146
by [(i)] (I) the commission or commission staff granting any extension 147
or continuance to a respondent prior to the issuance of any such 148
decision, [(ii)] (II) any subpoena issued in connection with such 149
complaint, [(iii)] (III) any litigation in state or federal court related to 150 Substitute Bill No. 392
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such complaint, or [(iv)] (IV) any investigation by, or consultation of the 151
commission or commission staff with, the Chief State's Attorney, the 152
Attorney General, the United States Department of Justice or the United 153
States Attorney for Connecticut related to such complaint, shall be 154
added to such one year. 155
(B) Notwithstanding the provisions of subparagraph (A) of this 156
subdivision, in the case of a written complaint filed with the commission 157
pursuant to section 9-7b, during the ninety-day period immediately 158
prior to an election, alleging any violation of state election law relating 159
to such election, the commission shall either issue a decision on or 160
dismiss such complaint prior to the day of such election. 161
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 9-704(e)
Sec. 2 from passage 9-706(d)
Sec. 3 from passage 9-606(b)
Sec. 4 from passage 9-611(d)
Sec. 5 from passage 9-7a(g)(1)
Statement of Legislative Commissioners:
In Section 1(e)(2), "said subsection" was changed to "subsection (d) of
section 9-706" for clarity; and in Section 5(g)(1)(A), "subparagraph
(A)(i)" was changed to "subparagraph [(A)] (A)(i)" for consistency with
standard drafting conventions.
GAE Joint Favorable Subst. -LCO