Connecticut Seal

Substitute Senate Bill No. 190

Public Act No. 02-130

AN ACT REVISING CERTAIN ELECTIONS AND CAMPAIGN FINANCE STATUTES AND CONCERNING CAMPAIGN CONTRIBUTIONS BY PERSONS ASSOCIATED WITH INVESTMENT FIRMS DOING BUSINESS WITH THE STATE TREASURER AND MEETINGS OF CAUCUSES UNDER THE FREEDOM OF INFORMATION ACT.

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

Section 1. Section 9-290 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) The selectmen shall provide, at the entrance into the enclosure prescribed by section 9-289, a ballot booth at which the elector shall obtain [his] the elector's ballot. Each ballot booth shall be in charge of two ballot clerks, not of the same political party, who shall be appointed by the registrars. [, one of whom]

(b) In each primary, election or referendum, when an elector has entered the polling place, the elector shall (1) announce the elector's street address, if any, and name to the checkers in a tone sufficiently loud and clear to enable all the election officials present to hear the same, and (2) (A) present to the checkers the elector's Social Security card or any other preprinted form of identification which shows the elector's name and either the elector's address, signature or photograph, or (B) sign a statement under penalty of false statement, on a form prescribed by the Secretary of the State, that the elector is the person whose name appears on the official checklist. Each checker shall check the name of such elector on the official checklist. No political party shall have more than one challenger. The moderator may allow in the polling place any witnesses that may be required in the case of a challenge, provided the moderator shall not allow in more than one witness at a time.

(c) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote pursuant to section 9-431, an unaffiliated elector shall also announce to the separate table of checkers for unaffiliated electors the party in whose primary the elector chooses to vote and the checkers shall note such party when checking such elector's name on the checklist of unaffiliated electors. Such choice shall not alter the elector's unaffiliated status.

(d) In each polling place in which two or more parties are holding primaries in which unaffiliated electors are authorized to vote or in which one party is holding a primary in which unaffiliated electors are authorized to vote for some but not all offices to be contested at the primary, the checkers shall give to each elector checked a receipt provided by the municipal clerk, in a form prescribed by the Secretary of the State, specifying either (1) the party with which the elector is enrolled, if any, or (2) in the case of an unaffiliated elector, the party in whose primary the elector has chosen to vote and whether the elector is authorized to vote for only a partial ballot.

(e) If not challenged by any of the election officials, the elector shall be permitted to pass the railing to the side where the ballot booth is located. The elector shall give any receipt the elector has received to a ballot clerk at the ballot booth to which the elector is directed and the ballot clerk shall permit the elector to vote only in the primary of the party specified by the receipt and, if applicable, at the separate ballot booth with the partial ballot specified by the receipt. One of the ballot clerks shall deliver to such elector one official ballot, [and no more; but, in case] except that if any elector so defaces or injures any such ballot as to render it unfit for use, upon the return of such ballot to the ballot clerks, such clerks shall furnish [him] the elector with another official ballot.

Sec. 2. Section 9-291 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

The ballot box shall be open for the reception of votes in an enclosure which shall be so arranged that access to it shall be from the room or rooms, booth or booths, in which the electors prepare their ballots. The exit from such enclosure shall be into some other enclosure or hall or into a public street or square, and the partition separating it from the main hall shall not be less than three feet [nor] or more than four feet in height. No person shall be allowed to enter or remain in the enclosure where the ballot box and stub box are placed, at any election held under the provisions of this part, except for the purpose of depositing [his] the person's ballot, unless [he] the person is a moderator, box-tender [,] or registrar, [checker or challenger,] except as hereinafter provided. [; provided there shall not be more than one challenger for each political party. ] An elector may be accompanied into the room or booth in which the electors prepare their ballots and into the enclosure where the ballot box and stub box are placed by one or more children who are fifteen years of age or younger and supervised by the elector, if the elector is the parent or legal guardian of such children. The moderator may admit into the enclosure where the ballot box and the stub box are placed [any witnesses that may be required in cases of challenge, but only one at a time, and also] such officers with power of arrest as may be required, but only when actually required to preserve order or enforce any of the provisions hereof. No person shall give or offer to any elector, in any such room or booth, any ballot to be used in voting, or place any ballots in such room or booth for the use of electors [,] or for any other purpose.

Sec. 3. Section 9-293 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

The moderator shall place the boxes before the box-tenders, in a location conveniently accessible to the electors, and publicly call upon the electors to bring in their ballots for such officers as are to be voted for. The electors shall, under the direction of the moderators in their respective towns or voting districts, lay the ballots, folded as provided in section 9-275, one at a time, on the lid of the ballot box. The box-tender shall [, after the elector's name is found and checked on the registry list, and after any challenge of the vote has been decided in favor of the elector offering such ballot, and not before,] tear or remove the stub from such ballot, [and] shall deposit the ballot in the box marked ["ballots,"] "ballots", without opening the same or exposing to view any part of its face, and shall deposit the stub in the box marked "stubs".

Sec. 4. Subsection (b) of section 9-333b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(b) As used in this chapter, "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;

(5) The use of real or personal property, and the cost of invitations, food or beverages, voluntarily provided by an individual to a candidate or on behalf of a state central or town committee, in rendering voluntary personal services for candidate or party-related activities at the individual's residence, to the extent that the cumulative value of the invitations, food or beverages provided by the individual 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 does not exceed four hundred dollars in any calendar year;

(6) The sale of food or beverage for use in a candidate's campaign or for use by a state central or town 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 does not exceed four hundred dollars in a calendar year;

(7) Any unreimbursed payment for travel expenses made by an individual who on [his] the individual's own behalf volunteers [his] 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;

(8) The payment, by a party committee, political committee or an individual, 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) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single candidate or [his] the candidate's committee with respect to any single election campaign or two hundred fifty dollars from any single party committee or other political committee in any calendar year if the purchaser is a business entity or fifty dollars for purchases by any other person;

(11) The payment of money by a candidate to [his] 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, as amended, for telecommunications service for a committee, provided the security deposit is refunded to the individual; [or]

(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, as amended, 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; or

(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.

Sec. 5. Section 9-333d of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) (1) In addition to its jurisdiction over persons who are residents of this state, the State Elections Enforcement Commission may exercise personal jurisdiction over any nonresident person, or the agent of such nonresident person, who makes a payment of money, gives anything of value or makes a contribution or expenditure, in excess of two hundred dollars, to or for the benefit of any committee or candidate.

(2) Where personal jurisdiction is based solely upon this subsection, an appearance does not confer personal jurisdiction with respect to causes of action not arising from an act enumerated in this subsection.

(3) Any nonresident person or the agent of such person over whom the State Elections Enforcement Commission may exercise personal jurisdiction, as provided in subdivision (1) of this subsection, shall be deemed to have appointed the Secretary of the State as the person's or agent's attorney and to have agreed that any process in any complaint, investigation or other matter conducted pursuant to section 9-7b and brought against the nonresident person, or said person's agent, may be served upon the Secretary of the State and shall have the same validity as if served upon such nonresident person or agent personally. The process shall be served upon the Secretary of the State by the officer to whom the same is directed by leaving with or at the office of the Secretary of the State, at least twelve days before any required appearance day of such process, a true and attested copy of such process, and by sending to the nonresident person or agent so served, at the person's or agent's last-known address, by registered or certified mail, postage prepaid, return receipt requested, a like and attested copy with an endorsement thereon of the service upon the Secretary of the State. The Secretary of the State shall keep a record of each such process and the day and hour of service.

Sec. 6. Subsection (b) of section 9-333f of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(b) The formation of a candidate committee by a candidate and the filing of statements pursuant to section 9-333j, as amended by this act, shall not be required if the candidate files a certification with the proper authority required by section 9-333e, at any time prior to the acceptance of a contribution or making of an expenditure and any of the following conditions exist for the campaign: (1) The candidate is one of a slate of candidates whose campaigns are funded solely by a party committee or a political committee formed for a single election or primary and expenditures made on behalf of the candidate's campaign are reported by the committee sponsoring [his] the candidate's candidacy; (2) the candidate finances [his] the candidate's campaign entirely from personal funds and does not solicit or receive contributions, provided if said candidate personally makes an expenditure or expenditures in excess of one thousand dollars to, or for the benefit of, said candidate's campaign for nomination at a primary or election to an office or position, said candidate shall file statements according to the same schedule and in the same manner as is required of a campaign treasurer of a candidate committee under section 9-333j; or (3) the candidate does not receive or expend funds in excess of [five hundred] one thousand dollars. If the candidate no longer qualifies for the exemption under any of these conditions, [he] the candidate shall comply with the provisions of subsection (a) of this section, not later than three business days thereafter and shall provide [his] the candidate's designated campaign treasurer with all information required for completion of the treasurer's statements and filings as required by section 9-333j, as amended by this act. If the candidate no longer qualifies for the exemption due to the condition stated in [his] the candidate's certification but so qualifies due to a different condition specified in this subsection, [he] the candidate shall file an amended certification with the proper authority and provide the new condition for [his] the candidate's qualification not later than three business days following the change in circumstances of the financing of [his] the candidate's campaign. The filing of a certification under this subsection shall not relieve the candidate from compliance with the provisions of this chapter.

Sec. 7. Subsection (d) of section 9-333g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(d) A group of two or more individuals who have joined solely to promote the success or defeat of a referendum question shall not be required to file as a political committee, make such designations in accordance with subsections (a) and (b) of this section or file statements pursuant to section 9-333j, as amended by this act, if the group does not receive or expend in excess of [five hundred] one thousand dollars for the entire campaign and the agent of such individuals files a certification with the proper authority or authorities as required under section 9-333e before an expenditure is made. The certification shall include the name of the group, or the names of the persons who comprise the group, and the name and address of the agent which shall appear on any communication paid for or sponsored by the group as required by section 9-333w. If the group receives or expends in excess of [five hundred] one thousand dollars, the agent shall complete the statement of organization and file as a political committee not later than three business days thereafter. The agent shall provide the designated campaign treasurer with all information required for completion of the statements for filing as required by section 9-333j, as amended by this act. The filing of a certification under this subsection shall not relieve the group from compliance with the provisions of this chapter, and the group shall be considered a political committee established solely for a referendum question for purposes of the limitations on contributions and expenditures.

Sec. 8. Subsection (d) of section 9-333h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(d) No person shall act as a campaign treasurer or deputy campaign treasurer unless [he] the person is an elector of this state, and a statement, signed by the chairman in the case of a party committee or political committee or by the candidate in the case of a candidate committee, designating [him] the person as campaign treasurer or deputy campaign treasurer, has been filed in accordance with section 9-333e. In the case of a political committee, the filing of a statement of organization by the chairman of the committee, in accordance with the provisions of section 9-333g, as amended by this act, shall constitute compliance with the filing requirements of this section. No provision of this subsection shall prevent the campaign treasurer, deputy campaign treasurer or solicitor of any committee from being the campaign treasurer, deputy campaign treasurer or solicitor of any other committee or prevent any committee from having more than one solicitor, but no candidate shall have more than one campaign treasurer. A candidate shall not serve as [his] the candidate's own campaign treasurer or deputy campaign treasurer, except that a candidate who is exempt from forming a candidate committee under subsection (b) of section 9-333f, as amended by this act, and has filed a certification that [he] the candidate is financing [his] the candidate's campaign from [his] the candidate's own personal funds or is not receiving or expending in excess of [five hundred] one thousand dollars may perform the duties of a campaign treasurer for [his] the candidate's own campaign.

Sec. 9. Subsections (e) and (f) of section 9-333i of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(e) (1) Any such payment shall be by check drawn by the campaign treasurer, on the designated depository. [Each such treasurer] Any payment in satisfaction of any financial obligation incurred by a party committee may also be made by debit card. (2) The campaign treasurer of each committee may draw a check, not to exceed one hundred dollars, to establish a petty cash fund and may deposit additional funds to maintain it, but the fund shall not exceed one hundred dollars at any time. All expenditures from a petty cash fund shall be reported in the same manner as any other expenditure.

(f) The campaign treasurer shall preserve all internal records of transactions entered in reports filed pursuant to section 9-333j, as amended by this act, for four years from the date of the report in which the transactions were entered. If any checks are issued pursuant to subsection (e) of this section, the campaign treasurer who [issued] issues them shall preserve all cancelled checks and bank statements for four years from the date on which they [were] are issued. If debit card payments are made pursuant to subsection (e) of this section, the campaign treasurer who makes said payments shall preserve all debit card slips and bank statements for four years from the date on which the payments are made. In the case of a candidate committee, the campaign treasurer or the candidate, if the candidate so requests, shall preserve all internal records, cancelled checks and bank statements for four years from the date of the last report required to be filed under subsection (a) of section 9-333j, as amended by this act.

Sec. 10. Subsection (e) of section 9-333m of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

(e) No individual shall make a contribution to any candidate or committee, other than a contribution in kind, in excess of one hundred dollars except by personal check or credit card of that individual.

Sec. 11. Subsection (f) of section 9-333n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) (1) As used in this subsection and subsection (f) of section 9-333j, as amended by this act, (A) "investment services" means investment legal services, investment banking services, investment advisory services, underwriting services, financial advisory services or brokerage firm services, and (B) "principal of an investment services firm" means (i) an individual who is a director of or has an ownership interest in an investment services firm to which the State Treasurer pays compensation, expenses or fees or issues a contract, except for an individual who owns less than five per cent of the shares of an investment services firm which is a publicly traded corporation, (ii) an individual who is employed by such an investment services firm as president, treasurer, or executive or senior vice president, (iii) an employee of such an investment services firm who has managerial or discretionary responsibilities with respect to any investment services provided to the State Treasurer, (iv) the spouse or a dependent child of an individual described in this subparagraph, or (v) a political committee established by or on behalf of an individual described in this subparagraph.

(2) No [individual who is an owner of a firm which provides investment services and to which the Treasurer pays compensation, expenses or fees or issues a contract, and no individual who is employed by such a firm as a manager, officer, director, partner or employee with managerial or discretionary responsibilities to invest, manage funds or provide investment services for brokerage, underwriting and financial advisory activities which are in the statutory and constitutional purview of the Treasurer,] principal of an investment services firm shall make a contribution [on or after October 1, 1995,] to, or solicit contributions [on or after said date] on behalf of, an exploratory committee or candidate committee established by a candidate for nomination or election to the office of State Treasurer during the term of office of the State Treasurer [which] who pays compensation, expenses or fees or issues a contract to such firm.

(3) Neither the State Treasurer, the Deputy State Treasurer, any unclassified employee of the office of the State Treasurer acting on behalf of the State Treasurer or Deputy State Treasurer, any candidate for the office of State Treasurer, [nor] any member of the Investment Advisory Council established under section 3-13b nor any agent of any such candidate may solicit contributions on behalf of an exploratory committee or candidate committee established by a candidate for nomination or election to any public office, a political committee or a party committee, from a principal of an investment services firm, except that the prohibition in this subsection shall not apply to an incumbent State Treasurer who establishes an exploratory committee or candidate committee for any public office other than State Treasurer. [from any individual who is an owner of a firm which provides investment services and to which the Treasurer pays compensation, expenses or fees or issues a contract, or from any individual who is employed by such a firm as a manager, officer, director, partner or employee with managerial or discretionary responsibilities to invest, manage funds or provide investment services for brokerage, underwriting and financial advisory activities which are in the statutory and constitutional purview of the Treasurer. ]

(4) No member of the Investment Advisory Council appointed under section 3-13b shall make a contribution to, or solicit contributions on behalf of, an exploratory committee or candidate committee established by a candidate for nomination or election to the office of State Treasurer.

[(5) No individual who is an owner of a firm which provides investment services and to which the Treasurer pays compensation, expenses or fees or issues a contract, and no individual who is employed by such a firm as a manager, officer, director, partner or employee with managerial or discretionary responsibilities to invest, manage funds or provide investment services for brokerage, underwriting and financial advisory activities which are in the statutory and constitutional purview of the Treasurer, may make a contribution to, or solicit contributions on behalf of, an exploratory committee or candidate committee established by a candidate for nomination or election to any public office. ]

(5) The provisions of this subsection shall not restrict an individual from establishing an exploratory or candidate committee for the individual's own campaign or from soliciting contributions for such committees from persons not prohibited from making contributions under this subsection.

Sec. 12. Subsection (f) of section 9-333o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) As used in this subsection, "investment services" means investment legal services, investment banking services, investment advisory services, underwriting services, financial advisory services or brokerage firm services. No political committee established by a firm which provides investment services and to which the State Treasurer pays compensation, expenses or fees or issues a contract shall make a contribution [on or after October 1, 1995,] to, or solicit contributions [on or after said date] on behalf of, an exploratory committee or candidate committee established by a candidate for nomination or election to the office of State Treasurer during the term of office of the State Treasurer [which] who does business with such firm.

Sec. 13. Subsection (n) of section 1-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(n) (1) As used in this subsection, (A) "investment services" means investment legal services, investment banking services, investment advisory services, underwriting services, financial advisory services or brokerage firm services, and (B) "principal of an investment services firm" means (i) an individual who is a director of or has an ownership interest in an investment services firm, except for an individual who owns less than five per cent of the shares of an investment services firm which is a publicly traded corporation, (ii) an individual who is employed by an investment services firm as president, treasurer, or executive or senior vice president, (iii) an employee of such an investment services firm who has managerial or discretionary responsibilities with respect to any investment services, (iv) the spouse or dependent child of an individual described in this subparagraph, or (v) a political committee established by or on behalf of an individual described in this subparagraph.

(2) The State Treasurer shall not pay any compensation, expenses or fees or issue any contract to any firm which provides investment services when [(1)] (A) a political committee, as defined in section 9-333a, established by such firm, or [(2) an individual who is an owner of such firm or employed by such firm as a manager, officer, director, partner or employee with managerial or discretionary responsibilities to invest, manage funds or provide investment services for brokerage, underwriting and financial advisory activities which are in the statutory and constitutional purview of the Treasurer,] (B) a principal of the investment services firm has made a contribution, as defined in section 9-333b, [on or after October 1, 1995,] to, or solicited contributions [on or after said date] on behalf of, any exploratory committee or candidate committee, as defined in section 9-333a, established by the State Treasurer as a candidate for nomination or election to the office of State Treasurer. The State Treasurer shall not pay any compensation, expenses or fees or issue any contract to such firms [and individuals] or principals during the term of office as State Treasurer, including, for an incumbent State Treasurer seeking reelection, any remainder of the current term of office.

Sec. 14. Section 9-333x of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

The following persons shall be guilty of [corrupt] illegal practices and shall be punished in accordance with the provisions of section 9-333y:

(1) Any person who, directly or indirectly, individually or by another person, gives or offers or promises to any person any money, gift, advantage, preferment, entertainment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any election, caucus, convention, primary or referendum;

(2) Any person who, directly or indirectly, receives, accepts, requests or solicits from any person, committee, association, organization or corporation, any money, gift, advantage, preferment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;

(3) Any person who, in consideration of any money, gift, advantage, preferment, aid, emolument or other valuable thing paid, received, accepted or promised to the person's advantage or any other person's advantage, votes or refrains from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;

(4) Any person who solicits from any candidate any money, gift, contribution, emolument or other valuable thing for the purpose of using the same for the support, assistance, benefit or expenses of any club, company or organization, or for the purpose of defraying the cost or expenses of any political campaign, primary, referendum or election;

(5) Any person who, directly or indirectly, pays, gives, contributes or promises any money or other valuable thing to defray or towards defraying the cost or expenses of any campaign, primary, referendum or election to any person, committee, company, club, organization or association, other than to a campaign treasurer, except that this subdivision shall not apply to any expenses for postage, telegrams, telephoning, stationery, express charges, traveling, meals, lodging or photocopying incurred by any candidate for office or for nomination to office, so far as may be permitted under the provisions of this chapter;

(6) Any person who, in order to secure or promote the person's own nomination or election as a candidate, or that of any other person, directly or indirectly, promises to appoint, or promises to secure or assist in securing the appointment, nomination or election of any other person to any public position, or to any position of honor, trust or emolument; but any person may publicly announce the person's own choice or purpose in relation to any appointment, nomination or election in which the person may be called to take part, if the person is nominated for or elected to such office;

(7) Any person who, directly or indirectly, individually or through another person, makes a payment or promise of payment to a campaign treasurer in a name other than the person's own, and any campaign treasurer who knowingly receives a payment or promise of payment, or enters or causes the same to be entered in the person's accounts in any other name than that of the person by whom such payment or promise of payment is made;

(8) Any person who knowingly and wilfully violates any provision of this chapter;

(9) Any person who offers or receives a cash contribution in excess of [fifty] one hundred dollars to promote the success or defeat of any political party, candidate or referendum question;

(10) Any person who solicits, makes or receives a contribution that is otherwise prohibited by any provision of this chapter; or

(11) Any department head or deputy department head of a state department who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office or any political party.

Sec. 15. Section 7-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

At any town meeting other than a regular or special town election or at any meeting of any fire, sewer or school district or any other municipal subdivision of any town incorporated by any special act, any person who is an elector of such town may vote and any citizen of the United States of the age of eighteen years or more who, jointly or severally, is liable to the town, district or subdivision for taxes assessed against him on an assessment of not less than one thousand dollars on the last-completed grand list of such town, district or subdivision, or who would be so liable if not entitled to an exemption under subdivision (17), (19), (22), (23), (25) or (26) of section 12-81, may vote, unless restricted by the provisions of any special act relating to such town, district or subdivision.

Sec. 16. Subsection (a) of section 9-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The registrars, on the Tuesday of the fifth week before each regular election, shall be in session for the purpose of completing a correct list of all electors who will be entitled to vote at such election. Such registry list shall consist of an active registry list and an inactive registry list. Such session shall be held during such hours between nine o'clock a. m. and five o'clock p. m. as the registrars find necessary to complete the list. Notice of such session shall be given at least five days before the session by publication in a newspaper having a circulation in such municipality, if any, and by posting on the signpost therein, if any, or at some other exterior place near the office of the town clerk. Such publication shall not be required to be in the form of a legal advertisement.

Sec. 17. Section 1-200 of the general statutes, as amended by section 1 of public act 01-169, is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this chapter, the following words and phrases shall have the following meanings, except where such terms are used in a context which clearly indicates the contrary:

(1) "Public agency" or "agency" means:

(A) Any executive, administrative or legislative office of the state or any political subdivision of the state and any state or town agency, any department, institution, bureau, board, commission, authority or official of the state or of any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of the state, including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official, and also includes any judicial office, official, or body or committee thereof but only with respect to its or their administrative functions;

(B) Any person to the extent such person is deemed to be the functional equivalent of a public agency pursuant to law; or

(C) Any "implementing agency", as defined in section 32-222, as amended.

(2) "Meeting" means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power. "Meeting" [shall] does not include: Any meeting of a personnel search committee for executive level employment candidates; any chance meeting, or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business; strategy or negotiations with respect to collective bargaining; a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency; an administrative or staff meeting of a single-member public agency; and communication limited to notice of meetings of any public agency or the agendas thereof. A quorum of the members of a public agency who are present at any event which has been noticed and conducted as a meeting of another public agency under the provisions of the Freedom of Information Act shall not be deemed to be holding a meeting of the public agency of which they are members as a result of their presence at such event.

(3) "Caucus" means (A) a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision, or (B) the members of a multimember public agency, which members constitute a majority of the membership of the agency, or the other members of the agency who constitute a minority of the membership of the agency, who register their intention to be considered a majority caucus or minority caucus, as the case may be, for the purposes of the Freedom of Information Act, provided (i) the registration is made with the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of a political subdivision of the state for any public agency of a political subdivision of the state, or in the office of the clerk of each municipal member of any multitown district or agency, (ii) no member is registered in more than one caucus at any one time, (iii) no such member's registration is rescinded during the member's remaining term of office, and (iv) a member may remain a registered member of the majority caucus or minority caucus regardless of whether the member changes his or her party affiliation under chapter 143.

(4) "Person" means natural person, partnership, corporation, limited liability company, association or society.

(5) "Public records or files" means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

(6) "Executive sessions" means a meeting of a public agency at which the public is excluded for one or more of the following purposes: (A) Discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at an open meeting; (B) strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of the member's conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise settled; (C) matters concerning security strategy or the deployment of security personnel, or devices affecting public security; (D) discussion of the selection of a site or the lease, sale or purchase of real estate by a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction would cause a likelihood of increased price until such time as all of the property has been acquired or all proceedings or transactions concerning same have been terminated or abandoned; and (E) discussion of any matter which would result in the disclosure of public records or the information contained therein described in subsection (b) of section 1-210, as amended.

(7) "Personnel search committee" means a body appointed by a public agency, whose sole purpose is to recommend to the appointing agency a candidate or candidates for an executive-level employment position. Members of a "personnel search committee" shall not be considered in determining whether there is a quorum of the appointing or any other public agency.

(8) "Pending claim" means a written notice to an agency which sets forth a demand for legal relief or which asserts a legal right stating the intention to institute an action in an appropriate forum if such relief or right is not granted.

(9) "Pending litigation" means (A) a written notice to an agency which sets forth a demand for legal relief or which asserts a legal right stating the intention to institute an action before a court if such relief or right is not granted by the agency; (B) the service of a complaint against an agency returnable to a court which seeks to enforce or implement legal relief or a legal right; or (C) the agency's consideration of action to enforce or implement legal relief or a legal right.

(10) "Freedom of Information Act" means this chapter.

(11) "Governmental function" means the administration or management of a program of a public agency, which program has been authorized by law to be administered or managed by a person, where (A) the person receives funding from the public agency for administering or managing the program, (B) the public agency is involved in or regulates to a significant extent such person's administration or management of the program, whether or not such involvement or regulation is direct, pervasive, continuous or day-to-day, and (C) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program and such policies or decisions bind the public agency. "Governmental function" shall not include the mere provision of goods or services to a public agency without the delegated responsibility to administer or manage a program of a public agency.

Sec. 18. Subsection (f) of section 9-333j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2003, and applicable to primaries and elections held on or after said date):

If an exploratory committee has been established by a candidate pursuant to subsection (c) of section 9-333f, the campaign treasurer of the committee shall file a notice of intent to dissolve it with the appropriate authority not later than fifteen days after the candidate's declaration of intent to seek nomination or election to a particular public office. The campaign treasurer shall also file a statement identifying all contributions received or expenditures made by the exploratory committee since the previous statement and the balance on hand or deficit, as the case may be. In the event of a surplus, the campaign treasurer shall, not later than the filing of the statement, distribute the surplus to the candidate committee established pursuant to said section, except that in the case of a surplus of an exploratory committee established for nomination or election to an office other than the General Assembly or a state office, as defined in subsection (e) of section 9-333l, (1) the campaign treasurer may only distribute to the candidate committee for nomination or election to the General Assembly or state office, as so defined, of such candidate that portion of such surplus which is in excess of the total contributions which the exploratory committee received from lobbyists or political committees established by lobbyists, during any period in which the prohibitions in said subsection (e) of section 9-333l apply and (2) any remaining amount shall be returned to all such lobbyists and political committees established by or on behalf of lobbyists, on a prorated basis of contribution, or distributed 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. If the candidate decides not to seek nomination or election to any office, the campaign treasurer shall, within fifteen days after such decision, comply with the provisions of this subsection and distribute any surplus in the manner provided by this section for political committees other than those formed for ongoing political activities, except that if the surplus is from an exploratory committee established by the State Treasurer, any portion of the surplus that is received from a principal of an investment services firm or a political committee established by such firm shall be returned to such principal or committee on a prorated basis of contribution. In the event of a deficit, the campaign treasurer shall file a statement thirty days after the decision or declaration 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 such deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file supplemental statements until the deficit is eliminated. If the exploratory committee does not have a surplus or deficit, the statement filed after the candidate's declaration or decision shall be the last required statement. As used in this subsection, "principal of an investment services firm" has the meaning set forth in subsection (f) of section 9-333n, as amended by this act.

Approved May 10, 2002