Bill Text: CT HB06335 | 2011 | General Assembly | Introduced

Connecticut House Bill 6335 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: An Act Concerning Revisions To Campaign Finance Laws.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-04-20 - File Number 588 [HB06335 Detail]

Download: Connecticut-2011-HB06335-Introduced.html


General Assembly		*Raised Bill No. 6335*
*January Session, 2011*		LCO No. 3153
		03153_______GAE
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)

AN ACT CONCERNING REVISIONS TO CAMPAIGN FINANCE LAWS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (25) of section 9-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(25) "Organization expenditure" means an expenditure by a party committee, legislative caucus committee or legislative leadership committee for the benefit of a candidate or candidate committee for the office of Governor, Secretary of the State, State Treasurer, state senator or state representative for:

(A) The preparation, display or mailing or other distribution of a party candidate listing. As used in this subparagraph, "party candidate listing" means any communication that meets the following criteria: (i) The communication lists the name or names of candidates for election to public office, (ii) the communication is distributed through public advertising such as broadcast stations, cable television, newspapers or similar media, or through direct mail, telephone, electronic mail, publicly accessible sites on the Internet or personal delivery, (iii) the treatment of all candidates in the communication is substantially similar, and (iv) the content of the communication is limited to (I) for each such candidate, identifying information, including photographs, the office sought, the office currently held by the candidate, if any, the party enrollment of the candidate, a brief statement concerning the candidate's positions, philosophy, goals, accomplishments or biography and the positions, philosophy, goals or accomplishments of the candidate's party, (II) encouragement to vote for each such candidate, and (III) information concerning voting, including voting hours and locations;

(B) A document in printed or electronic form, including a party platform, a copy of an issue paper, information pertaining to the requirements of this title, a list of registered voters and voter identification information, which document is created or maintained by a party committee, legislative caucus committee or legislative leadership committee for the general purposes of party or caucus building and is provided (i) to a candidate who is a member of the party that has established such party committee, or (ii) to a candidate who is a member of the party of the caucus or leader who has established such legislative caucus committee or legislative leadership committee, whichever is applicable;

(D) The retention of the services of an advisor to provide assistance relating to campaign organization, financing, accounting, strategy, law or media; or

(E) The use of offices, telephones, computers and similar equipment. [which does not result in additional cost to the party committee, legislative caucus committee or legislative leadership committee.]

Sec. 2. Subsection (b) of section 9-601a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) As used in this chapter and [sections 9-700 to 9-716, inclusive] chapter 157, "contribution" does not mean:

(1) A loan of money made in the ordinary course of business by a national or state bank;

(2) Any communication made by a corporation, organization or association to its members, owners, stockholders, executive or administrative personnel, or their families;

(3) Nonpartisan voter registration and get-out-the-vote campaigns by any corporation, organization or association aimed at its members, owners, stockholders, executive or administrative personnel, or their families;

(4) Uncompensated services provided by individuals volunteering their time on behalf of a party committee, political committee, slate committee or candidate committee, including any services provided for the benefit of participating and nonparticipating candidates under the Citizens' Election Program and any unreimbursed payment for travel expenses within the state made by an individual who, on the individual's own behalf, volunteers the individual's personal services to any single candidate;

(5) The use of real or personal property, and the cost of invitations, food or beverages, voluntarily provided by an individual to a candidate, including a participating or nonparticipating candidate under the Citizens' Election Program, or on behalf of [a state central or town committee] any single party or slate committee, in rendering voluntary personal services for candidate or party-related activities at the individual's [residence] residential premises or a community room in the individual's residence facility, to the extent that the cumulative value of the invitations, food or beverages provided for any single event by [the] an individual on behalf of any single candidate does not exceed [two] four hundred dollars with respect to any single election, and does not exceed eight hundred dollars for any single event hosted by two or more individuals who reside at the same residential premises or on behalf of [all state central and town committees] any single party or slate committee, provided the cumulative value of the invitations, food or beverages provided by an individual on behalf of any single candidate with respect to any single election, and on behalf of any single party or slate committee, does not exceed [four] eight hundred dollars in any calendar year or single election, as the case may be;

(6) The sale of food or beverage for use in a candidate's campaign or for use by a [state central or town] party or slate committee at a discount, if the charge is not less than the cost to the vendor, to the extent that the cumulative value of the discount given to or on behalf of any single candidate does not exceed two hundred dollars with respect to any single election, and on behalf of [all state central and town committees] any party or slate committee does not exceed four hundred dollars in a calendar year or single election, as the case may be;

[(7) Any unreimbursed payment for travel expenses made by an individual who on the individual's own behalf volunteers the individual's personal services to any single candidate to the extent the cumulative value does not exceed two hundred dollars with respect to any single election, and on behalf of all state central or town committees does not exceed four hundred dollars in a calendar year;]

(7) The display of a lawn sign by a human being or on real property;

(8) The payment, by a party committee [, political committee or an individual,] or slate committee of the costs of preparation, display, mailing or other distribution incurred by the committee or individual with respect to any printed slate card, sample ballot or other printed list containing the names of three or more candidates;

(9) The donation of any item of personal property by an individual to a committee for a fund-raising affair, including a tag sale or auction, or the purchase by an individual of any such item at such an affair, to the extent that the cumulative value donated or purchased does not exceed fifty dollars;

(10) (A) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair sponsored by the candidate committee of a candidate for an office of a municipality, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single such candidate or the candidate's committee with respect to any single election campaign if the purchaser is a business entity or fifty dollars for purchases by any other person;

(B) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single town committee in any calendar year if the purchaser is a business entity or fifty dollars for purchases by any other person. Notwithstanding the provisions of this subparagraph, the following may not purchase advertising space in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee: (i) A communicator lobbyist, (ii) a member of the immediate family of a communicator lobbyist, (iii) a state contractor, (iv) a prospective state contractor, or (v) a principal of a state contractor or prospective state contractor. As used in this subparagraph, "state contractor", "prospective state contractor" and "principal of a state contractor or prospective state contractor" have the same meanings as provided in subsection (g) of section 9-612;

(11) The payment of money by a candidate to the candidate's candidate committee;

(12) The donation of goods or services by a business entity to a committee for a fund-raising affair, including a tag sale or auction, to the extent that the cumulative value donated does not exceed one hundred dollars;

(13) The advance of a security deposit by an individual to a telephone company, as defined in section 16-1, for telecommunications service for a committee, provided the security deposit is refunded to the individual;

(14) The provision of facilities, equipment, technical and managerial support, and broadcast time by a community antenna television company, as defined in section 16-1, for community access programming pursuant to section 16-331a, unless (A) the major purpose of providing such facilities, equipment, support and time is to influence the nomination or election of a candidate, or (B) such facilities, equipment, support and time are provided on behalf of a political party;

(15) The sale of food or beverage by a town committee to an individual at a town fair, county fair or similar mass gathering held within the state, to the extent that the cumulative payment made by any one individual for such items does not exceed fifty dollars;

(16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee;

(17) The donation of food or beverage by an individual for consumption at a slate, candidate, legislative caucus, legislative leadership or party committee meeting, event or activity that is not a fund-raising affair to the extent that the cumulative value of the food or beverages donated by an individual for a single meeting or event does not exceed fifty dollars; or

(18) The value associated with the de minimis campaign activity on behalf of a party committee, political committee, slate committee legislative caucus committee, legislative leadership committee, or candidate committee, including for activities undertaken for the benefit of participating and nonparticipating candidates under the Citizens' Election Program: [of] (A) The sending of electronic mail or messages from an individual's personal computer or cellular telephone when compensation is not remitted to such individual for the sending of such electronic mail or messages, [; or] (B) the posting or display of a candidate's name or group of candidates' names at a town fair by a party committee, or (C) the use of personal property or a service that is customarily attendant to the occupancy of a residential dwelling, or the donation of an item or items of personal property that are customarily used for campaign purposes, by an individual, to a candidate committee, provided the cumulative fair market value of such item or items of personal property does not exceed fifty dollars in the aggregate for any single election or calendar year, as the case may be. [; or]

[(19) The display of a lawn sign by a human being or on real property.]

Sec. 3. Subsection (a) of section 9-603 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the Constitution [, individual lobbyists,] and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, judge of probate and members of the General Assembly, shall be filed with the State Elections Enforcement Commission. [A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated.] A political committee formed for a slate of candidates in a primary for the office of justice of the peace shall file statements with [both the State Elections Enforcement Commission and] the town clerk of the municipality in which the primary is to be held.

Sec. 4. Subsection (b) of section 9-606 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(b) A contribution in the form of a check drawn on a joint bank account shall, for the purpose of allocation, be deemed to be a contribution made by the individual who signed the check. If a check is signed by more than one individual, the total amount of the check shall be divided equally among the cosigners for the purpose of allocation, except such contribution shall be allocated in accordance with the provisions of a written statement, if any, from the holders of such joint bank account that indicates how such contribution should be differently allocated. If a committee receives an anonymous contribution, [of more than fifteen dollars] the campaign treasurer shall immediately remit the contribution to the [State Treasurer] State Elections Enforcement Commission for deposit in the General Fund. [The State Treasurer shall deposit the contribution in the General Fund.]

Sec. 5. Section 9-607 of the general statutes is amended by adding subsection (n) as follows (Effective from passage and applicable to primaries and elections held on and after said date):

(NEW) (n) Notwithstanding the provisions of sections 9-601, as amended by this act, 9-601a and 9-718, any paid committee worker may volunteer his or her services to a candidate committee, including a candidate committee of a participating or nonparticipating candidate under the Citizens' Election Program, provided such committee worker executes an affidavit indicating the number of unpaid, volunteer hours that such committee worker provides to such candidate committee. Nothing in this section shall be construed to permit a business to make a contribution. Such committee worker shall give such affidavit to the campaign treasurer who shall concomitantly file such affidavit with the State Elections Enforcement Commission when such treasurer files any requisite report under section 9-608, as amended by this act.

Sec. 6. Subsection (a) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(a) (1) Each campaign treasurer of a committee [, other than a state central committee,] shall file a statement, sworn under penalty of false statement with the proper authority in accordance with the provisions of section 9-603, as amended by this act, (A) on the tenth calendar day in the months of January, April, July and October, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day, (B) on the seventh day preceding each regular state election, except that (i) in the case of a candidate or exploratory committee established for an office to be elected at a municipal election, the statement shall be filed on the seventh day preceding a regular municipal election in lieu of such date, [and] (ii) in the case of a town committee, the statement shall be filed on the seventh day preceding each municipal election in addition to such date, and (iii) in the case of a candidate committee in a state election that is required to file any supplemental campaign finance statement pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712 such supplemental campaign finance statement shall satisfy the filing requirements of this subparagraph, and (C) if the committee has made or received a contribution or expenditure in connection with any other election, a primary or a referendum, on the seventh day preceding the election, primary or referendum, provided in the case of a candidate committee in a primary that is required to file any supplemental campaign finance statement pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such supplemental campaign finance statement shall satisfy the filing requirements of this subparagraph. The [statement] statements required pursuant to this subdivision shall be complete as of midnight of the last day of the month preceding the month in which the statement is required to be filed, except that for the statement required to be filed on the seventh day preceding the election, primary or referendum, the statement shall be complete as of [seven days] midnight of the second day immediately preceding the required filing day. The statement shall cover a period to begin with the first day not included in the last filed statement. In the case of a candidate committee, the statement required to be filed in January shall be in lieu of the statement formerly required to be filed within forty-five days following an election.

(2) Each campaign treasurer of a candidate committee, within thirty days following any primary, and each campaign treasurer of a political committee formed for a single primary, election or referendum, within forty-five days after any election or referendum not held in November, shall file statements in the same manner as is required of them under subdivision (1) of this subsection. If the campaign treasurer of a candidate committee established by a candidate, who is unsuccessful in the primary or has terminated his candidacy prior to the primary, distributes all surplus funds within thirty days following the scheduled primary and discloses the distribution on the postprimary statement, such campaign treasurer shall not be required to file any subsequent statement unless the committee has a deficit, in which case he shall file any required statements in accordance with the provisions of subdivision (3) of subsection (e) of this section.

[(3) In the case of state central committees, (A) on the tenth calendar day in the months of January, April and July, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, on the next business day, and (B) on the twelfth day preceding any election, the campaign treasurer of each such committee shall file with the proper authority, a statement, sworn under penalty of false statement, complete as of the last day of the month immediately preceding the month in which such statement is to be filed in the case of statements required to be filed in January, April and July, and complete as of the nineteenth day preceding an election, in the case of the statement required to be filed on the twelfth day preceding an election, and in each case covering a period to begin with the first day not included in the last filed statement.]

Sec. 7. Subsections (c) to (e), inclusive, of section 9-608 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage and applicable to primaries and elections held on and after said date):

(c) (1) Each statement filed under subsection (a), (e) or (f) of this section shall include, but not be limited to: (A) An itemized accounting of each contribution, if any, including the full name and complete address of each contributor and the amount of the contribution; (B) [in the case of anonymous contributions, the total amount received and the denomination of the bills; (C)] an itemized accounting of each expenditure, if any, including the full name and complete address of each payee, including secondary payees whenever the primary or principal payee is known to include charges which the primary payee has already paid or will pay directly to another person, vendor or entity, the amount and the purpose of the expenditure, the candidate supported or opposed by the expenditure, whether the expenditure is made independently of the candidate supported or is an in-kind contribution to the candidate, and a statement of the balance on hand or deficit, as the case may be; [(D)] (C) an itemized accounting of each expense incurred but not paid, provided if the expense is incurred by use of a credit card, the accounting shall include secondary payees, and the amount owed to each such payee; [(E)] (D) the name and address of any person who is the guarantor of a loan to, or the cosigner of a note with, the candidate on whose behalf the committee was formed, or the campaign treasurer in the case of a party committee or a political committee or who has advanced a security deposit to a telephone company, as defined in section 16-1, for telecommunications service for a committee; [(F)] (E) for each business entity or person purchasing advertising space in a program for a fund-raising affair or on signs at a fund-raising affair, the name and address of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; [(G)] (F) for each individual who contributes in excess of one hundred dollars but not more than one thousand dollars, in the aggregate, to the extent known, the principal occupation of such individual and the name of the individual's employer, if any; [(H)] (G) for each individual who contributes in excess of one thousand dollars in the aggregate, the principal occupation of such individual, the name of the individual's employer, if any; [(I)] (H) for each itemized contribution made by a lobbyist, the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist's household, a statement to that effect; and [(J)] (I) for each individual who contributes in excess of four hundred dollars in the aggregate to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer or a slate or town committee financing the nomination or election or a candidate for chief executive officer of a town, city or borough, a statement indicating whether the individual or a business with which he is associated has a contract with said municipality that is valued at more than five thousand dollars. Each campaign treasurer shall include in such statement (i) an itemized accounting of the receipts and expenditures relative to any testimonial affair held under the provisions of section 9-609 or any other fund-raising affair, which is referred to in subsection (b) of section 9-601a and (ii) the date, location and a description of the affair, except that a campaign treasurer shall not be required to include the name of any individual who has purchased items at a fund-raising affair, if the cumulative value of items purchased by such individual does not exceed fifty dollars, or the name of any individual who has donated food or beverages for a meeting. Any campaign treasurer shall not be required to report any receipts or expenditures related to any de minimis donations described in subdivision (17) of subsection (b) of section 9-601a.

(2) Each contributor described in subparagraph [(G), (H), (I) or (J)] (F), (G), (H) or (I) of subdivision (1) of this subsection shall, at the time the contributor makes such a contribution, provide the information which the campaign treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, any contributor described in subparagraph [(G)] (F) of subdivision (1) of this subsection who does not provide such information at the time the contributor makes such a contribution and any treasurer shall not be subject to the provisions of subdivision (2) of section 9-7b. If a campaign treasurer receives a contribution from an individual which separately, or in the aggregate, is in excess of one thousand dollars and the contributor has not provided the information required by said subparagraph [(H)] (G) or if a campaign treasurer receives a contribution from an individual to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough, which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph [(J)] (I), the campaign treasurer: (i) Within three business days after receiving the contribution, shall send a request for such information to the contributor by certified mail, return receipt requested; (ii) shall not deposit the contribution until the campaign treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and (iii) shall return the contribution to the contributor if the contributor does not provide the required information within fourteen days after the treasurer's written request or the end of the reporting period in which the contribution was received, whichever is later. Any failure of a contributor to provide the information which the campaign treasurer is required to include under said subparagraph [(G) or (I)] (F) or (H), which results in noncompliance by the campaign treasurer with the provisions of said subparagraph [(G) or (I)] (F) or (H), shall be a complete defense to any action against the campaign treasurer for failure to disclose such information.

(3) In addition to the requirements of subdivision (2) of this subsection, each contributor who makes a contribution to a candidate or exploratory committee for Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative, any political committee established or controlled by such candidates or authorized to make contributions to such candidates or committees, and any party committee that separately, or in the aggregate, exceeds fifty dollars shall provide with the contribution: [a certification that the contributor is not a principal of a state contractor or prospective state contractor, as defined in subsection (g) of section 9-612, nor a communicator lobbyist or a member of the immediate family of a communicator lobbyist and shall provide the name of the employer of the contributor] (A) The name of the contributor's employer, (B) whether the contributor is a "communicator lobbyist", as defined in section 1-91, or an immediate family member of a communicator lobbyist, (C) whether the contributor is a "state contractor" or "principal of a state contractor or prospective state contractor", as such terms are defined in section 9-612, and (D) a certification that the contributor is not prohibited from making a contribution to such candidate or committee pursuant to subsection (g) of section 9-610 and subsection (g) of section 9-612. The State Elections Enforcement Commission shall prepare a sample form for such certification by the contributor and shall make it available to campaign treasurers and contributors. Such sample form shall include an explanation of the contribution prohibitions and exceptions contained in subsections (g) and (i) of section 9-610 and subsection (g) of section 9-612 in addition to an explanation of the terms "communicator lobbyist", [and] "principal of a state contractor or principal of a prospective state contractor", "immediate family member of a communicator lobbyist", "state contractor" and "prospective state contractor". The information on such sample form shall be included in any written solicitation conducted by any such committee. If a campaign treasurer receives such a contribution and the contributor has not provided such certification, the campaign treasurer shall: [(A)] (i) Not later than three business days after receiving the contribution, send a request for the certification to the contributor by certified mail, return receipt requested; [(B)] (ii) not deposit the contribution until the campaign treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and [(C)] (iii) return the contribution to the contributor if the contributor does not provide the certification not later than fourteen days after the treasurer's written request or at the end of the reporting period in which the contribution was received, whichever is later. No treasurer shall be required to obtain and keep more than one certification from each contributor, unless information certified to by the contributor, other than the amount contributed, changes. If a campaign treasurer deposits a contribution based on a certification that is later determined to be false, the treasurer shall [not be in violation of this subdivision] have a complete defense to any action against such campaign treasurer for the receipt of such contribution. Such defense shall not be available to a campaign treasurer who knew or had reason to know that the certification was false prior to depositing such contribution.

(4) Contributions from a single individual to a campaign treasurer in the aggregate totaling fifty dollars or less need not be individually identified in the statement, but a sum representing the total amount of all such contributions made by all such individuals during the period to be covered by such statement shall be a separate entry, identified only by the words "total contributions from small contributors".

(5) Each statement filed by the campaign treasurer of a party committee, a legislative caucus committee or a legislative leadership committee shall include an itemized accounting of each organization expenditure made by the committee. Concomitant with the filing of any such statement containing an accounting of an organization expenditure made by the committee for the benefit of [a participating] any candidate for the office of state senator, [or] state representative, Governor, Lieutenant Governor, Attorney General, Secretary of the State, State Comptroller or State Treasurer such campaign treasurer shall provide notice of [the amount and purpose of] the organization expenditure to the candidate committee of such candidate.

(6) In addition to the other applicable requirements of this section, the campaign treasurer of a candidate committee of [a participating] any candidate for the office of state senator, [or] state representative, Governor, Lieutenant Governor, Attorney General, Secretary of the State, State Comptroller or State Treasurer who has received the benefit of any organization expenditure shall, not later than the time of dissolving such committee, file a statement with the State Elections Enforcement Commission that lists, if known to such candidate committee, the committee which made such organization expenditure for such candidate's behalf. [and the amount and purpose of such organization expenditure.]

(7) Statements filed in accordance with this section shall remain public records of the state for five years from the date such statements are filed.

(d) At the time of filing statements required under this section, the campaign treasurer of each candidate committee shall send to the candidate a duplicate statement and the campaign treasurer of each party committee and each political committee other than an exploratory committee shall send to the chairman of the committee a duplicate statement. Each statement required to be filed with the commission under this section, [and subsection (g) of section 9-610,] subsection (e) of section 9-612, section 9-706 or section 9-712 shall be deemed to be filed in a timely manner if: (1) For a statement filed as a hard copy, including, but not limited to, a statement delivered by the United States Postal Service, courier service, parcel service or hand delivery, the statement is received by the commission by five o'clock p.m. on the day the statement is required to be filed, (2) for a statement authorized by the commission to be filed electronically, including, but not limited to, a statement filed via electronic mail, facsimile machine, a web-based program created by the commission or other electronic means, the statement is transmitted to the commission by midnight on the day the statement is required to be filed, or (3) for a statement required to be filed pursuant to subsection (e) of section 9-612, section 9-706 or section 9-712 by the deadline specified in each such section. Any other filing required pursuant to this section shall be deemed to be filed in a timely manner if it is delivered by hand to the office of the proper authority before four-thirty o'clock p.m. or postmarked by the United States Postal Service before midnight on the required filing day. If the day for any such filing falls on a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day thereafter.

(e) (1) Notwithstanding any provisions of this chapter, in the event of a surplus the campaign treasurer of a candidate committee or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall distribute or expend such surplus not later than [ninety] one hundred twenty days after a primary which results in the defeat of the candidate, an election or referendum not held in November or by [January] March thirty-first following an election or referendum held in November, in the following manner:

(A) Such committees may distribute their surplus to a party committee, or a political committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, distribute all or any part of such surplus to the Citizens' Election Fund established in section 9-701 or distribute such surplus to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, provided (i) no candidate committee may distribute such surplus to a committee which has been established to finance future political campaigns of the candidate, and (ii) a candidate committee which received moneys from the Citizens' Election Fund shall distribute such surplus to such fund; [, and (iii) a candidate committee for a nonparticipating candidate, as described in subsection (b) of section 9-703, may only distribute any such surplus to the Citizens' Election Fund or to a charitable organization;]

(B) Each such political committee established by an organization which received its funds from the organization's treasury shall return its surplus to its sponsoring organization;

(C) (i) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which does not receive contributions from a business entity or an organization, shall distribute its surplus to a party committee, to a political committee organized for ongoing political activities, to a national committee of a political party, to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies or to any organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. (ii) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which receives contributions from a business entity or an organization, shall distribute its surplus to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies, or to any organization which is tax-exempt under said provisions of the Internal Revenue Code. Notwithstanding the provisions of this subsection, a committee formed for a single referendum shall not be required to expend its surplus not later than ninety days after the referendum and may continue in existence if a substantially similar referendum question on the same issue will be submitted to the electorate within six months after the first referendum. If two or more substantially similar referenda on the same issue are submitted to the electorate, each no more than six months apart, the committee shall expend such surplus within ninety days following the date of the last such referendum;

(D) The campaign treasurer of the candidate committee of a candidate who is elected to office may, upon the authorization of such candidate, expend surplus campaign funds to pay for the cost of clerical, secretarial or other office expenses necessarily incurred by such candidate in preparation for taking office; except such surplus shall not be distributed for the personal benefit of any individual or to any organization; [and]

(E) The campaign treasurer of a candidate committee, or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall, prior to the dissolution of such committee, either (i) distribute any equipment purchased, including, but not limited to, computer equipment, to any recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased, including but not limited to computer equipment, to any person for fair market value and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A);

(F) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, provide a post-primary thank you meal or a post-election thank you meal for committee workers, provided such meal (i) occurs not later than fourteen days after the applicable election or primary day, and (ii) the cost for such meal does not exceed the limits established by the commission pursuant to regulation;

(G) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, make payment to a campaign treasurer for services rendered to the candidate committee, provided such payment does not exceed one thousand dollars; and

(H) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, utilize grant funds received by such candidate committee from the Citizens' Election Fund for the purpose of complying with any audit conducted by the State Elections Enforcement Commission pursuant to subdivision (5) of subsection (a) of section 9-7b.

(2) Notwithstanding any provisions of this chapter, the campaign treasurer of the candidate committee of a candidate who has withdrawn from a primary or election may, prior to the primary or election, distribute its surplus to any organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or return such surplus to all contributors to the committee on a prorated basis of contribution.

(3) Not later than seven days after such distribution or not later than seven days after all funds have been expended in accordance with subparagraph (D) of subdivision (1) of this subsection, the campaign treasurer shall file a supplemental statement, sworn under penalty of false statement, with the proper authority, identifying all further contributions received since the previous statement and explaining how any surplus has been distributed or expended in accordance with this section. No surplus may be distributed or expended until after the election, primary or referendum.

(4) In the event of a deficit, the campaign treasurer shall file a supplemental statement ninety days after an election, primary or referendum not held in November or on the seventh calendar day in February, or the next business day if such day is a Saturday, Sunday or legal holiday, after an election or referendum held in November, with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in the deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file such supplemental statements as required until the deficit is eliminated. If any such committee does not have a surplus or a deficit, the statement required to be filed not later than forty-five days following any election or referendum not held in November or on the seventh calendar day in January, or the next business day if such day is a Saturday, Sunday or legal holiday, following an election or referendum held in November, or not later than thirty days following any primary shall be the last required statement.


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage and applicable to primaries and elections held on and after said date	9-601(25)
Sec. 2	from passage and applicable to primaries and elections held on and after said date	9-601a(b)
Sec. 3	from passage	9-603(a)
Sec. 4	from passage and applicable to primaries and elections held on and after said date	9-606(b)
Sec. 5	from passage and applicable to primaries and elections held on and after said date	9-607
Sec. 6	from passage and applicable to primaries and elections held on and after said date	9-608(a)
Sec. 7	from passage and applicable to primaries and elections held on and after said date	9-608(c) to (e)

Statement of Purpose:

To amend various campaign finance statutes.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]