Connecticut 2024 Regular Session

Connecticut Senate Bill SB00392 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 6
	3	+	LCO No. 2574 1 of 7
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5		-	General Assembly ~~Substitute~~ Bill No. 392
	5	+	General Assembly Raised Bill No. 392
6	6		February Session, 2024
	7	+	LCO No. 2574
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
7	17
8	18
9	19
10	20		AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES
11	21		AND STATE ELECTIONS ENFORCEMENT COMMISSION
12	22		COMPLAINTS.
13	23		Be it enacted by the Senate and House of Representatives in General
14	24		Assembly convened:
15	25
16	26		Section 1. Subsection (e) of section 9-704 of the 2024 supplement to 1
17	27		the general statutes is repealed and the following is substituted in lieu 2
18	28		thereof (Effective from passage): 3
19	29		(e) (1) The following shall not be deemed to be qualifying 4
20	30		contributions under subsection (a) of this section and shall be returned 5
21	31		by the treasurer of the candidate committee to the contributor [or 6
22	32		transmitted to the State Elections Enforcement Commission for deposit 7
23	33		in the Citizens' Election Fund] in accordance with the provisions of 8
24	34		subdivision (2) of this subsection: 9
25	35		[(1)] (A) A contribution from a principal of a state contractor or 10
26	36		prospective state contractor; 11
27		-	[(2)] (B) A contribution of less than five dollars, and a contribution of 12
	37	+	[(2)] (B) A contribution of less than five dollars, and a contribution of 12 Raised Bill No. 392
	38	+
	39	+
	40	+
	41	+	LCO No. 2574 2 of 7
	42	+
28	43		five dollars or more from an individual who does not provide the full 13
29	44		name and complete address of the individual; 14
30	45		[(3)] (C) A contribution under subdivision (1) or (2) of subsection (a) 15
31	46		of this section from an individual who does not reside in the state, in 16
32		-	excess of the applicable limit on contributions from out-of-state 17 Substitute Bill No. 392
33		-
34		-
35		-	LCO 2 of 6
36		-
	47	+	excess of the applicable limit on contributions from out-of-state 17
37	48		individuals in subsection (a) of this section; and 18
38	49		[(4)] (D) A contribution made by a youth who is less than twelve years 19
39	50		of age. 20
40	51		(2) In the case of a contribution described in subdivision (1) of this 21
41	52		subsection that is submitted by the treasurer of the candidate committee 22
42	53		to the State Elections Enforcement Commission as part of an application 23
43	54		for a grant under the Citizens' Election Program, which contribution the 24
44	55		commission accordingly deems not to be a qualifying contribution 25
45	56		pursuant to subsection (d) of section 9-706, as amended by this act, the 26
46	57		treasurer shall refund such contribution to the contributor upon its 27
47		-	return to the committee in accordance with subsection (d) of section 9-28
48		-	706. 29
49		-	Sec. 2. Subsection (d) of section 9-706 of the 2024 supplement to the 30
50		-	general statutes is repealed and the following is substituted in lieu 31
51		-	thereof (Effective from passage): 32
52		-	(d) In accordance with the provisions of subsection (g) of this section, 33
53		-	the commission shall review the application [,] and determine whether 34
54		-	(1) the candidate committee for the applicant has received the required 35
55		-	qualifying contributions, (2) in the case of an application for a grant from 36
56		-	the fund for a convention campaign, the applicant has met the 37
57		-	applicable condition under subsection (a) of this section for applying for 38
58		-	such grant and complied with the provisions of subsections (b) and (c) 39
59		-	of this section, (3) in the case of an application for a grant from the fund 40
60		-	for a primary campaign, the applicant has met the applicable condition 41
61		-	under subsection (a) of this section for applying for such grant and 42
62		-	complied with the provisions of subsections (b) and (c) of this section, 43
63		-	(4) in the case of an application for a grant from the fund for a general 44
64		-	election campaign, the applicant has met the applicable condition under 45
65		-	subsection (a) of this section for applying for such grant and complied 46
66		-	with the provisions of subsections (b) and (c) of this section, and (5) in 47
67		-	the case of an application by a minor party or petitioning party 48
68		-	candidate for a grant from the fund for a general election campaign, the 49 Substitute Bill No. 392
	58	+	return to the committee in accordance with said subsection. 28
	59	+	Sec. 2. Subsection (d) of section 9-706 of the 2024 supplement to the 29
	60	+	general statutes is repealed and the following is substituted in lieu 30
	61	+	thereof (Effective from passage): 31
	62	+	(d) In accordance with the provisions of subsection (g) of this section, 32
	63	+	the commission shall review the application [,] and determine whether 33
	64	+	(1) the candidate committee for the applicant has received the required 34
	65	+	qualifying contributions, (2) in the case of an application for a grant from 35
	66	+	the fund for a convention campaign, the applicant has met the 36
	67	+	applicable condition under subsection (a) of this section for applying for 37
	68	+	such grant and complied with the provisions of subsections (b) and (c) 38
	69	+	of this section, (3) in the case of an application for a grant from the fund 39
	70	+	for a primary campaign, the applicant has met the applicable condition 40
	71	+	under subsection (a) of this section for applying for such grant and 41
	72	+	complied with the provisions of subsections (b) and (c) of this section, 42
	73	+	(4) in the case of an application for a grant from the fund for a general 43
	74	+	election campaign, the applicant has met the applicable condition under 44 Raised Bill No. 392
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73		-	applicant qualifies as an eligible minor party candidate or an eligible 50
74		-	petitioning party candidate, whichever is applicable. For each 51
75		-	contribution received by the candidate committee of an applicant that 52
76		-	the commission deems not to be a qualifying contribution, the 53
77		-	commission shall (A) advise such applicant of such determination and 54
78		-	cite the applicable reason under subsection (e) of section 9-704, as 55
79		-	amended by this act, for such determination, and (B) return such 56
80		-	contribution to the committee. If the commission approves an 57
81		-	application, the commission shall determine the amount of the grant 58
82		-	payable to the candidate committee for the applicant pursuant to section 59
83		-	9-705 from the fund, and notify the State Comptroller and the candidate 60
84		-	of such candidate committee of such amount. If the timing of the 61
85		-	commission's approval of the grant for a primary campaign or general 62
86		-	election campaign in relation to the Secretary of the State's 63
87		-	determination of ballot status is such that the commission cannot 64
88		-	determine whether the qualified candidate committee is entitled to the 65
89		-	applicable full initial grant for the primary or election or the applicable 66
90		-	partial grant for the primary or election, as the case may be, the 67
91		-	commission shall approve the lesser applicable partial initial grant. The 68
92		-	commission shall then authorize the payment of the remaining portion 69
93		-	of the applicable primary campaign or general election campaign grant 70
94		-	after the commission has knowledge of the circumstances regarding the 71
95		-	ballot status of the opposing candidates in such primary or election. Not 72
96		-	later than thirty days following notification by the commission in the 73
97		-	case of a convention campaign grant, or not later than two business days 74
98		-	following notification by the commission in the case of any other grant, 75
99		-	the State Comptroller shall draw an order on the State Treasurer for 76
100		-	payment of any such approved amount to the qualified candidate 77
101		-	committee from the fund. 78
102		-	Sec. 3. Subsection (b) of section 9-606 of the general statutes is 79
103		-	repealed and the following is substituted in lieu thereof (Effective from 80
104		-	passage): 81
105		-	(b) A contribution in the form of a check drawn on a joint bank 82
106		-	account shall, for the purpose of allocation, be deemed to be a 83 Substitute Bill No. 392
	78	+	LCO No. 2574 3 of 7
	79	+
	80	+	subsection (a) of this section for applying for such grant and complied 45
	81	+	with the provisions of subsections (b) and (c) of this section, and (5) in 46
	82	+	the case of an application by a minor party or petitioning party 47
	83	+	candidate for a grant from the fund for a general election campaign, the 48
	84	+	applicant qualifies as an eligible minor party candidate or an eligible 49
	85	+	petitioning party candidate, whichever is applicable. For each 50
	86	+	contribution received by the candidate committee of an applicant that 51
	87	+	the commission deems not to be a qualifying contribution, the 52
	88	+	commission shall (A) advise such applicant of such determination and 53
	89	+	cite the applicable reason under subsection (e) of section 9-704, as 54
	90	+	amended by this act, for such determination, and (B) return such 55
	91	+	contribution to the committee. If the commission approves an 56
	92	+	application, the commission shall determine the amount of the grant 57
	93	+	payable to the candidate committee for the applicant pursuant to section 58
	94	+	9-705 from the fund, and notify the State Comptroller and the candidate 59
	95	+	of such candidate committee of such amount. If the timing of the 60
	96	+	commission's approval of the grant for a primary campaign or general 61
	97	+	election campaign in relation to the Secretary of the State's 62
	98	+	determination of ballot status is such that the commission cannot 63
	99	+	determine whether the qualified candidate committee is entitled to the 64
	100	+	applicable full initial grant for the primary or election or the applicable 65
	101	+	partial grant for the primary or election, as the case may be, the 66
	102	+	commission shall approve the lesser applicable partial initial grant. The 67
	103	+	commission shall then authorize the payment of the remaining portion 68
	104	+	of the applicable primary campaign or general election campaign grant 69
	105	+	after the commission has knowledge of the circumstances regarding the 70
	106	+	ballot status of the opposing candidates in such primary or election. Not 71
	107	+	later than thirty days following notification by the commission in the 72
	108	+	case of a convention campaign grant, or not later than two business days 73
	109	+	following notification by the commission in the case of any other grant, 74
	110	+	the State Comptroller shall draw an order on the State Treasurer for 75
	111	+	payment of any such approved amount to the qualified candidate 76
	112	+	committee from the fund. 77
	113	+	Sec. 3. Subsection (b) of section 9-606 of the general statutes is 78 Raised Bill No. 392
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108	115
109		-	LCO 4 of 6
110	116
111		-	contribution made by the individual who signed the check, except such 84
112		-	contribution shall be allocated in accordance with the provisions of a 85
113		-	signed statement, if any, from the holders of such joint bank account that 86
114		-	indicates how such contribution should be differently allocated. If a 87
115		-	check is signed by more than one individual, the total amount of the 88
116		-	check shall be divided equally among the cosigners for the purpose of 89
117		-	allocation, except such contribution shall be allocated in accordance 90
118		-	with the provisions of a signed statement, if any, from the holders of 91
119		-	such joint bank account that indicates how such contribution should be 92
120		-	differently allocated. The treasurer of a candidate committee may accept 93
121		-	a contribution from a contributor through the mobile application 94
122		-	electronic payment service account of such contributor, provided (1) the 95
123		-	source of such contribution is the personal checking or credit card 96
124		-	account of such contributor, and (2) such contributor and treasurer 97
125		-	comply with all requirements under subdivisions (2) and (3) of 98
126		-	subsection (c) of section 9-608 for such contribution. If a committee 99
127		-	receives an anonymous contribution, the treasurer shall immediately 100
128		-	remit the contribution to the State Elections Enforcement Commission 101
129		-	for deposit in the General Fund. 102
130		-	Sec. 4. Subsection (d) of section 9-611 of the general statutes is 103
131		-	repealed and the following is substituted in lieu thereof (Effective from 104
132		-	passage): 105
133		-	(d) No individual shall make a contribution, other than a contribution 106
134		-	in kind, to (1) any candidate or candidate committee [, other than a 107
135		-	contribution in kind,] in excess of one hundred dollars except by 108
136		-	personal check or credit card of [that] such individual, including 109
137		-	through the mobile application electronic payment service account of 110
138		-	such individual as provided under subsection (b) of section 9-606, as 111
139		-	amended by this act, and (2) any other committee in excess of one 112
140		-	hundred dollars except by personal check or credit card of such 113
141		-	individual. 114
142		-	Sec. 5. Subdivision (1) of subsection (g) of section 9-7a of the general 115
143		-	statutes is repealed and the following is substituted in lieu thereof 116 Substitute Bill No. 392
	117	+	LCO No. 2574 4 of 7
	118	+
	119	+	repealed and the following is substituted in lieu thereof (Effective from 79
	120	+	passage): 80
	121	+	(b) A contribution in the form of a check drawn on a joint bank 81
	122	+	account shall, for the purpose of allocation, be deemed to be a 82
	123	+	contribution made by the individual who signed the check, except such 83
	124	+	contribution shall be allocated in accordance with the provisions of a 84
	125	+	signed statement, if any, from the holders of such joint bank account that 85
	126	+	indicates how such contribution should be differently allocated. If a 86
	127	+	check is signed by more than one individual, the total amount of the 87
	128	+	check shall be divided equally among the cosigners for the purpose of 88
	129	+	allocation, except such contribution shall be allocated in accordance 89
	130	+	with the provisions of a signed statement, if any, from the holders of 90
	131	+	such joint bank account that indicates how such contribution should be 91
	132	+	differently allocated. The treasurer of a candidate committee may accept 92
	133	+	a contribution from a contributor through the mobile application 93
	134	+	electronic payment service account of such contributor, provided (1) the 94
	135	+	source of such contribution is the personal checking or credit card 95
	136	+	account of such contributor, and (2) such contributor and treasurer 96
	137	+	comply with all requirements under subdivisions (2) and (3) of 97
	138	+	subsection (c) of section 9-608 for such contribution. If a committee 98
	139	+	receives an anonymous contribution, the treasurer shall immediately 99
	140	+	remit the contribution to the State Elections Enforcement Commission 100
	141	+	for deposit in the General Fund. 101
	142	+	Sec. 4. Subsection (d) of section 9-611 of the general statutes is 102
	143	+	repealed and the following is substituted in lieu thereof (Effective from 103
	144	+	passage): 104
	145	+	(d) No individual shall make a contribution, other than a contribution 105
	146	+	in kind, to (1) any candidate or candidate committee [, other than a 106
	147	+	contribution in kind,] in excess of one hundred dollars except by 107
	148	+	personal check or credit card of [that] such individual, including 108
	149	+	through the mobile application electronic payment service account of 109
	150	+	such individual as provided under subsection (b) of section 9-606, as 110
	151	+	amended by this act, and (2) any other committee in excess of one 111 Raised Bill No. 392
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145	153
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148		-	(Effective from passage): 117
149		-	(g) (1) (A) In the case of a written complaint filed with the commission 118
150		-	pursuant to section 9-7b, commission staff shall conduct and complete a 119
151		-	preliminary examination of such complaint by the fourteenth day 120
152		-	following its receipt, at which time such staff shall, at its discretion, [(A)] 121
153		-	(i) dismiss the complaint for failure to allege any substantial violation of 122
154		-	state election law supported by evidence, [(B)] (ii) engage the 123
155		-	respondent in discussions in an effort to speedily resolve any matter 124
156		-	pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 125
157		-	the complaint for a determination by the commission that probable 126
158		-	cause or no probable cause exists for any such violation. If commission 127
159		-	staff dismisses a complaint pursuant to subparagraph [(A)] (A)(i) of this 128
160		-	subdivision, such staff shall provide a brief written statement concisely 129
161		-	setting forth the reasons for such dismissal. If commission staff engages 130
162		-	a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 131
163		-	but is unable to speedily resolve any such matter described in said 132
164		-	subparagraph by the forty-fifth day following receipt of the complaint, 133
165		-	such staff shall docket such complaint for a determination by the 134
166		-	commission that probable cause or no probable cause exists for any 135
167		-	violation of state election law. If the commission does not, by the sixtieth 136
168		-	day following receipt of the complaint, either issue a decision or render 137
169		-	its determination that probable cause or no probable cause exists for any 138
170		-	violation of state election laws, the complainant or respondent may 139
171		-	apply to the superior court for the judicial district of Hartford for an 140
172		-	order to show cause why the commission has not acted upon the 141
173		-	complaint and to provide evidence that the commission has 142
174		-	unreasonably delayed action. For any complaint received on or after 143
175		-	January 1, 2018, if the commission does not, by one year following 144
176		-	receipt of such complaint, issue a decision thereon, the commission shall 145
177		-	dismiss such complaint, provided the length of time of any delay caused 146
178		-	by [(i)] (I) the commission or commission staff granting any extension 147
179		-	or continuance to a respondent prior to the issuance of any such 148
180		-	decision, [(ii)] (II) any subpoena issued in connection with such 149
181		-	complaint, [(iii)] (III) any litigation in state or federal court related to 150 Substitute Bill No. 392
	155	+	LCO No. 2574 5 of 7
	156	+
	157	+	hundred dollars except by personal check or credit card of such 112
	158	+	individual. 113
	159	+	Sec. 5. Subdivision (1) of subsection (g) of section 9-7a of the general 114
	160	+	statutes is repealed and the following is substituted in lieu thereof 115
	161	+	(Effective from passage): 116
	162	+	(g) (1) (A) In the case of a written complaint filed with the commission 117
	163	+	pursuant to section 9-7b, commission staff shall conduct and complete a 118
	164	+	preliminary examination of such complaint by the fourteenth day 119
	165	+	following its receipt, at which time such staff shall, at its discretion, [(A)] 120
	166	+	(i) dismiss the complaint for failure to allege any substantial violation of 121
	167	+	state election law supported by evidence, [(B)] (ii) engage the 122
	168	+	respondent in discussions in an effort to speedily resolve any matter 123
	169	+	pertaining to a de minimis violation, or [(C)] (iii) investigate and docket 124
	170	+	the complaint for a determination by the commission that probable 125
	171	+	cause or no probable cause exists for any such violation. If commission 126
	172	+	staff dismisses a complaint pursuant to subparagraph (A)(i) of this 127
	173	+	subdivision, such staff shall provide a brief written statement concisely 128
	174	+	setting forth the reasons for such dismissal. If commission staff engages 129
	175	+	a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision 130
	176	+	but is unable to speedily resolve any such matter described in said 131
	177	+	subparagraph by the forty-fifth day following receipt of the complaint, 132
	178	+	such staff shall docket such complaint for a determination by the 133
	179	+	commission that probable cause or no probable cause exists for any 134
	180	+	violation of state election law. If the commission does not, by the sixtieth 135
	181	+	day following receipt of the complaint, either issue a decision or render 136
	182	+	its determination that probable cause or no probable cause exists for any 137
	183	+	violation of state election laws, the complainant or respondent may 138
	184	+	apply to the superior court for the judicial district of Hartford for an 139
	185	+	order to show cause why the commission has not acted upon the 140
	186	+	complaint and to provide evidence that the commission has 141
	187	+	unreasonably delayed action. For any complaint received on or after 142
	188	+	January 1, 2018, if the commission does not, by one year following 143
	189	+	receipt of such complaint, issue a decision thereon, the commission shall 144
	190	+	dismiss such complaint, provided the length of time of any delay caused 145 Raised Bill No. 392
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185	193
186		-	such complaint, or [(iv)] (IV) any investigation by, or consultation of the 151
187		-	commission or commission staff with, the Chief State's Attorney, the 152
188		-	Attorney General, the United States Department of Justice or the United 153
189		-	States Attorney for Connecticut related to such complaint, shall be 154
190		-	added to such one year. 155
191		-	(B) Notwithstanding the provisions of subparagraph (A) of this 156
192		-	subdivision, in the case of a written complaint filed with the commission 157
193		-	pursuant to section 9-7b, during the ninety-day period immediately 158
194		-	prior to an election, alleging any violation of state election law relating 159
195		-	to such election, the commission shall either issue a decision on or 160
196		-	dismiss such complaint prior to the day of such election. 161
	194	+	LCO No. 2574 6 of 7
	195	+
	196	+	by [(i)] (I) the commission or commission staff granting any extension 146
	197	+	or continuance to a respondent prior to the issuance of any such 147
	198	+	decision, [(ii)] (II) any subpoena issued in connection with such 148
	199	+	complaint, [(iii)] (III) any litigation in state or federal court related to 149
	200	+	such complaint, or [(iv)] (IV) any investigation by, or consultation of the 150
	201	+	commission or commission staff with, the Chief State's Attorney, the 151
	202	+	Attorney General, the United States Department of Justice or the United 152
	203	+	States Attorney for Connecticut related to such complaint, shall be 153
	204	+	added to such one year. 154
	205	+	(B) Notwithstanding the provisions of subparagraph (A) of this 155
	206	+	subdivision, in the case of a written complaint filed with the commission 156
	207	+	pursuant to section 9-7b, during the ninety-day period immediately 157
	208	+	prior to an election, alleging any violation of state election law relating 158
	209	+	to such election, the commission shall either issue a decision on or 159
	210	+	dismiss such complaint prior to the day of such election. 160
197	211		This act shall take effect as follows and shall amend the following
198	212		sections:
199	213
200	214		Section 1 from passage 9-704(e)
201	215		Sec. 2 from passage 9-706(d)
202	216		Sec. 3 from passage 9-606(b)
203	217		Sec. 4 from passage 9-611(d)
204	218		Sec. 5 from passage 9-7a(g)(1)
205	219
206		-	Statement of Legislative Commissioners:
207		-	In Section 1(e)(2), "said subsection" was changed to "subsection (d) of
208		-	section 9-706" for clarity; and in Section 5(g)(1)(A), "subparagraph
209		-	(A)(i)" was changed to "subparagraph [(A)] (A)(i)" for consistency with
210		-	standard drafting conventions.
	220	+	Statement of Purpose:
	221	+	To (1) require that the State Elections Enforcement Commission return
	222	+	to a candidate committee treasurer any contribution that does not
	223	+	qualify toward receiving a grant under the Citizens' Election Program,
	224	+	so that such treasurer may return such contribution to the contributor,
	225	+	(2) allow such treasurers to accept contributions through electronic
	226	+	payment service mobile applications, and (3) require said commission
	227	+	to, prior to the day of an election, issue a decision on or dismiss any
	228	+	complaint filed with said commission during the ninety-day period
	229	+	immediately prior to such election that alleges violation of state election
	230	+	law relating to such election. Raised Bill No. 392
211	231
212		-	GAE Joint Favorable Subst. -LCO
	232	+
	233	+
	234	+	LCO No. 2574 7 of 7
	235	+
	236	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	237	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	238	+	underlined.]
213	239