October 25 Special Session, Public Act No. 05-5
AN ACT CONCERNING COMPREHENSIVE CAMPAIGN FINANCE REFORM FOR STATE-WIDE CONSTITUTIONAL AND GENERAL ASSEMBLY OFFICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2006) As used in sections 1 to 17, inclusive, of this act:
(1) "Commission" means the State Elections Enforcement Commission.
(2) "Depository account" means the single checking account at the depository institution designated as the depository for the candidate committee's moneys in accordance with the provisions of subsection (a) of section 9-333f of the general statutes.
(3) "District office" has the same meaning as provided in section 9-372 of the general statutes.
(4) "Eligible minor party candidate" means a candidate for election to an office who is nominated by a minor party pursuant to part III B of chapter 153 of the general statutes.
(5) "Eligible petitioning party candidate" means a candidate for election to an office pursuant to part III C of chapter 153 of the general statutes whose nominating petition has been approved by the Secretary of the State pursuant to section 9-453o of the general statutes.
(6) "Fund" means the Citizens' Election Fund established in section 2 of this act.
(7) "General election campaign" means (A) in the case of a candidate nominated at a primary, the period beginning on the day following the primary and ending on the date the campaign treasurer files the final statement for such campaign pursuant to section 9-333j of the general statutes, as amended by this act, or (B) in the case of a candidate nominated without a primary, the period beginning on the day following the day on which the candidate is nominated and ending on the date the campaign treasurer files the final statement for such campaign pursuant to section 9-333j of the general statutes, as amended by this act.
(8) "Major party" has the same meaning as provided in section 9-372 of the general statutes.
(9) "Minor party" has the same meaning as provided in section 9-372 of the general statutes.
(10) "Municipal office" has the same meaning as provided in section 9-372 of the general statutes.
(11) "Primary campaign" means the period beginning on the day following the close of (A) a convention held pursuant to section 9-382 of the general statutes for the purpose of endorsing a candidate for nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative, or (B) a caucus, convention or town committee meeting held pursuant to section 9-390 of the general statutes for the purpose of endorsing a candidate for the municipal office of state senator or state representative, whichever is applicable, and ending on the day of a primary held for the purpose of nominating a candidate for such office.
(12) "Qualified candidate committee" means a candidate committee (A) established to aid or promote the success of any candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of the State, state senator or state representative, and (B) approved by the commission to receive a grant from the Citizens' Election Fund under section 7 of this act.
Sec. 2. (NEW) (Effective January 1, 2006) There is established, within the General Fund, a separate, nonlapsing account to be known as the "Citizens' Election Fund". The fund may contain any moneys required by law to be deposited in the fund. Investment earnings credited to the assets of the fund shall become part of the assets of the fund. The State Treasurer shall administer the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. All moneys deposited in the fund shall be used for the purposes of sections 1 to 17, inclusive, of this act. The State Elections Enforcement Commission may deduct and retain from the moneys in the fund an amount equal to the costs incurred by the commission in administering the provisions of sections 1 to 17, inclusive, of this act, and sections 9-333e, 9-346a and 9-348ee to 9-348gg, inclusive, of the general statutes, as amended by this act, provided said amount shall not exceed two million dollars during the fiscal year ending June 30, 2006, or one million dollars during any fiscal year thereafter. Any portion of said allocation of two million or one million dollars that exceeds the costs incurred by the commission in administering the provisions of sections 1 to 17, inclusive, of this act, in the fiscal year in which said allocation is made shall continue to be available for any said costs incurred by the commission in subsequent fiscal years.
Sec. 3. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) There is established a Citizens' Election Program under which (1) the candidate committee of a major party candidate for nomination to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, may receive a grant from the Citizens' Election Fund for the candidate's primary campaign for said nomination, and (2) the candidate committee of a candidate nominated by a major party, or the candidate committee of an eligible minor party candidate or an eligible petitioning party candidate, for election to the office of state senator or state representative at a special election held on or after the effective date of this section or at a regular election held in 2008, or thereafter, or for election to the office of Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, may receive a grant from the fund for the candidate's general election campaign for said office.
(b) Any such candidate committee is eligible to receive such grants for a primary campaign, if applicable, and a general election campaign if (1) the candidate certifies as a participating candidate under section 4 of this act, (2) the candidate's candidate committee receives the required amount of qualifying contributions under section 5 of this act, (3) the candidate's candidate committee returns all contributions that do not meet the criteria for qualifying contributions under section 5 of this act, (4) the candidate agrees to limit the campaign expenditures of the candidate's candidate committee in accordance with the provisions of subsection (c) of this section, and (5) the candidate submits an application and the commission approves the application in accordance with the provisions of section 7 of this act.
(c) A candidate participating in the Citizens' Election Program shall limit the expenditures of the candidate's candidate committee (A) before a primary campaign and a general election campaign, to the amount of qualifying contributions permitted in section 6 of this act and any personal funds provided by the candidate under subsection (c) of section 11 of this act, (B) for a primary campaign, to the sum of (i) the amount of such qualifying contributions and personal funds that have not been spent before the primary campaign, (ii) the amount of the grant for the primary campaign authorized under section 6 of this act, and (iii) the amount of any additional moneys for the primary campaign authorized under section 14 or 15 of this act, and (C) for a general election campaign, to the sum of (i) the amount of such qualifying contributions and personal funds that have not been spent before the general election campaign, (ii) any unexpended funds from any grant for a primary campaign authorized under section 6 of this act or from any additional moneys for a primary campaign authorized under section 14 or 15 of this act, (iii) the amount of the grant for the general election campaign authorized under section 6 of this act, and (iv) the amount of any additional moneys for the general election campaign authorized under section 14 or 15 of this act.
(d) For the purposes of sections 1 to 17, inclusive, of this act, if a qualified candidate committee receives a grant for a primary campaign and has qualifying contributions that have not been spent before the primary campaign, no expenditures by such committee during the primary campaign shall be deemed to have been made from such qualifying contributions until the primary campaign grant funds have been fully spent.
(e) No grants or moneys paid to a qualified candidate committee from the Citizens' Election Fund under sections 1 to 17, inclusive, of this act shall be deemed to be public funds under any other provision of the general statutes or any public or special act unless specifically stated by such provision.
Sec. 4. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) Each candidate for nomination or election to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, shall file an affidavit with the State Elections Enforcement Commission. The affidavit shall include a written certification that the candidate either intends to abide by the expenditure limits under the Citizens' Election Program set forth in subsection (c) of section 3 of this act, or does not intend to abide by said limits. If the candidate intends to abide by said limits, the affidavit shall also include written certifications (1) that the campaign treasurer of the candidate committee for said candidate shall expend any moneys received from the Citizens' Election Fund in accordance with the provisions of subsection (g) of section 9-333i of the general statutes and regulations adopted by the State Elections Enforcement Commission under subsection (e) of section 7 of this act, (2) that the candidate shall repay to the fund any such moneys that are not expended in accordance with subsection (g) of said section 9-333i and said regulations, (3) that the candidate and the campaign treasurer shall comply with the provisions of subdivision (1) of subsection (a) of section 12 of this act, and (4) stating the candidate's status as a major party, minor party or petitioning party candidate and, in the case of a major party or minor party candidate, the name of such party. The written certification described in subdivision (3) of this subsection shall be made by both the candidate and the campaign treasurer of the candidate committee for said candidate. A candidate for nomination or election to any such office shall file such affidavit not later than four o'clock p. m. on the fortieth day before the day of the election for such office, except that in the case of a special election for the office of state senator or state representative, the candidate shall file such affidavit not later than four o'clock p. m. on the twenty-fifth day before the day of such special election.
(b) A candidate who so certifies the candidate's intent to abide by the expenditure limits under the Citizens' Election Program set forth in subsection (c) of section 3 of this act shall be referred to in sections 1 to 17, inclusive, of this act as a "participating candidate" and a candidate who so certifies the candidate's intent to not abide by said limits shall be referred to in sections 1 to 17, inclusive, of this act as a "nonparticipating candidate". The commission shall prepare a list of the participating candidates and a list of the nonparticipating candidates and shall make such lists available for public inspection.
(c) A participating candidate may withdraw from participation in the Citizens' Election Program before applying for an initial grant under section 7 of this act, by filing an affidavit with the State Elections Enforcement Commission, which includes a written certification of such withdrawal. A candidate who files such an affidavit shall be deemed to be a nonparticipating candidate for the purposes of sections 1 to 17, inclusive, of this act and shall not be penalized for such withdrawal. No participating candidate shall withdraw from participation in the Citizens' Election Program after applying for an initial grant under section 7 of this act.
Sec. 5. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) The amount of qualifying contributions that the candidate committee of a candidate shall be required to receive in order to be eligible for grants from the Citizens' Election Fund shall be:
(1) In the case of a candidate for nomination or election to the office of Governor, contributions from individuals in the aggregate amount of two hundred fifty thousand dollars, of which two hundred twenty-five thousand dollars or more is contributed by individuals residing in the state. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating such amounts, and (B) all contributions received by (i) an exploratory committee established by said candidate, or (ii) an exploratory committee or candidate committee of a candidate for the office of Lieutenant Governor who is deemed to be jointly campaigning with a candidate for nomination or election to the office of Governor under subsection (a) of section 10 of this act, which meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating such amounts; and
(2) In the case of a candidate for nomination or election to the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State, contributions from individuals in the aggregate amount of seventy-five thousand dollars, of which sixty-seven thousand five hundred dollars or more is contributed by individuals residing in the state. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating such amounts, and (B) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating such amounts.
(3) In the case of a candidate for nomination or election to the office of state senator for a district, contributions from individuals in the aggregate amount of fifteen thousand dollars, including contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in said district. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement.
(4) In the case of a candidate for nomination or election to the office of state representative for a district, contributions from individuals in the aggregate amount of five thousand dollars, including contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in said district. The provisions of this subdivision shall be subject to the following: (A) The candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds one hundred dollars, and such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement.
(5) Notwithstanding the provisions of subdivisions (3) and (4) of this subsection, in the case of a special election for the office of state senator or state representative for a district, (A) the aggregate amount of qualifying contributions that the candidate committee of a candidate for such office shall be required to receive in order to be eligible for a grant from the Citizens' Election Fund shall be seventy-five per cent or more of the corresponding amount required under the applicable said subdivision (3) or (4), and (B) the number of contributions required from individuals residing in municipalities included, in whole or in part, in said district shall be seventy-five per cent or more of the corresponding number required under the applicable said subdivision (3) or (4).
(b) Each individual who makes a contribution of more than fifty dollars to a candidate committee established to aid or promote the success of a participating candidate for nomination or election shall include with the contribution a certification that the individual is not a communicator lobbyist, a member of the immediate family of a communicator lobbyist or a principal of a state contractor or prospective state contractor.
(c) The following shall not be deemed to be qualifying contributions under subsection (a) of this section and shall be returned by the campaign treasurer of the candidate committee to the contributor:
(1) A contribution from a communicator lobbyist or a member of the immediate family of a communicator lobbyist;
(2) A contribution from a principal of a state contractor or prospective state contractor;
(3) A contribution of five dollars or more from an individual who does not provide the full name and complete address of the individual; and
(4) A contribution under subdivision (1) or (2) of subsection (a) of this section from an individual who does not reside in the state, in excess of the applicable limit on contributions from out-of-state individuals in subsection (a) of this section.
(d) After a candidate committee receives the applicable aggregate amount of qualifying contributions under subsection (a) of this section, the candidate committee shall transmit any additional contributions that it receives to the State Treasurer for deposit in the Citizens' Election Fund.
(e) As used in this section, (1) "communicator lobbyist" has the same meaning as provided in section 1-91 of the general statutes, (2) "immediate family" means the spouse or a dependent child of an individual, and (3) "principal of a state contractor or prospective state contractor" has the same meaning as provided in subsection (g) of section 9-333n of the general statutes, as amended by section 32 of this act.
Sec. 6. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) (1) The qualified candidate committee of a major party candidate for the office of Governor who has a primary for nomination to said office shall be eligible to receive a grant from the Citizens' Election Fund for the primary campaign in the amount of one million two hundred fifty thousand dollars, provided, in the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.
(2) The qualified candidate committee of a major party candidate for the office of Governor who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of three million dollars, provided in the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.
(b) (1) The qualified candidate committee of a major party candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer who has a primary for nomination to said office shall be eligible to receive a grant from the fund for the primary campaign in the amount of three hundred seventy-five thousand dollars, provided, in the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.
(2) The qualified candidate committee of a major party candidate for the office of Attorney General, State Comptroller, Secretary of the State or State Treasurer who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of seven hundred fifty thousand dollars, provided in the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.
(c) (1) The qualified candidate committee of an eligible minor party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a grant from the fund for the general election campaign if the candidate of the same minor party for the same office at the last preceding regular election received at least ten per cent of the whole number of votes cast for all candidates for said office at said election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, provided (A) if the candidate of the same minor party for the same office at the last preceding regular election received at least fifteen per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, (B) if the candidate of the same minor party for the same office at the last preceding regular election received at least twenty per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, and (C) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.
(2) The qualified candidate committee of an eligible petitioning party candidate for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer shall be eligible to receive a grant from the fund for the general election campaign if said candidate's nominating petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, provided (A) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, (B) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (a) or (b) of this section for a major party candidate for the same office, and (C) in the case of an election held in 2014, or thereafter, said amounts shall be adjusted under subsection (d) of this section.
(d) For elections held in 2014, and thereafter, the amount of the grants in subsections (a), (b) and (c) of this section shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2014, and quadrennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2010, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(e) (1) The qualified candidate committee of a major party candidate for the office of state senator who has a primary for nomination to said office shall be eligible to receive a grant from the fund for the primary campaign in the amount of thirty-five thousand dollars, provided (A) if the percentage of the electors in the district served by said office who are enrolled in said major party exceeds the percentage of the electors in said district who are enrolled in another major party by at least twenty percentage points, the amount of said grant shall be seventy-five thousand dollars, and (B) in the case of a primary held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section. For the purposes of subparagraph (A) of this subdivision, the number of enrolled members of a major party and the number of electors in a district shall be determined by the latest enrollment and voter registration records in the office of the Secretary of the State submitted in accordance with the provisions of section 9-65 of the general statutes. The names of electors on the inactive registry list compiled under section 9-35 of the general statutes shall not be counted for such purposes.
(2) The qualified candidate committee of a major party candidate for the office of state senator who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of eighty-five thousand dollars, provided in the case of an election held in 2010, or thereafter, said amount shall be adjusted under subsection (h) of this section.
(f) (1) The qualified candidate committee of a major party candidate for the office of state representative who has a primary for nomination to said office shall be eligible to receive a grant from the fund for the primary campaign in the amount of ten thousand dollars, provided (A) if the percentage of the electors in the district served by said office who are enrolled in said major party exceeds the percentage of the electors in said district who are enrolled in another major party by at least twenty percentage points, the amount of said grant shall be twenty-five thousand dollars, and (B) in the case of a primary held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section. For the purposes of subparagraph (A) of this subdivision, the number of enrolled members of a major party and the number of electors in a district shall be determined by the latest enrollment and voter registration records in the office of the Secretary of the State submitted in accordance with the provisions of section 9-65 of the general statutes. The names of electors on the inactive registry list compiled under section 9-35 of the general statutes shall not be counted for such purposes.
(2) The qualified candidate committee of a major party candidate for the office of state representative who has been nominated shall be eligible to receive a grant from the fund for the general election campaign in the amount of twenty-five thousand dollars, provided in the case of an election held in 2010, or thereafter, said amount shall be adjusted under subsection (h) of this section.
(g) (1) The qualified candidate committee of an eligible minor party candidate for the office of state senator or state representative shall be eligible to receive a grant from the fund for the general election campaign if the candidate of the same minor party for the same office at the last preceding regular election received at least ten per cent of the whole number of votes cast for all candidates for said office at said election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, provided (A) if the candidate of the same minor party for the same office at the last preceding regular election received at least fifteen per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, (B) if the candidate of the same minor party for the same office at the last preceding regular election received at least twenty per cent of the whole number of votes cast for all candidates for said office at said election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, and (C) in the case of an election held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section.
(2) The qualified candidate committee of an eligible petitioning party candidate for the office of state senator or state representative shall be eligible to receive a grant from the fund for the general election campaign if said candidate's nominating petition has been signed by a number of qualified electors equal to at least ten per cent of the whole number of votes cast for the same office at the last preceding regular election. The amount of the grant shall be one-third of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, provided (A) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least fifteen per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be two-thirds of the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, (B) if said candidate's nominating petition has been signed by a number of qualified electors equal to at least twenty per cent of the whole number of votes cast for the same office at the last preceding regular election, the amount of the grant shall be the same as the amount of the general election campaign grant under subsection (e) or (f) of this section for a major party candidate for the same office, and (C) in the case of an election held in 2010, or thereafter, said amounts shall be adjusted under subsection (h) of this section.
(h) For elections held in 2010, and thereafter, the amount of the grants in subsections (e), (f) and (g) of this section shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2010, and biennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2008, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(i) Notwithstanding the provisions of subsections (e), (f) and (g) of this section, in the case of a special election for the office of state senator or state representative, the amount of the grant for a general election campaign shall be seventy-five per cent of the amount authorized under the applicable said subsection (e), (f) or (g).
(j) Notwithstanding the provisions of subsections (a) to (i), inclusive, of this section:
(1) The initial grant that a qualified candidate committee for a candidate is eligible to receive under subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any personal funds that the candidate provides for the candidate's campaign for nomination or election pursuant to subsection (c) of section 11 of this act;
(2) If a participating candidate is nominated at a primary and does not expend the entire grant for the primary campaign authorized under subsection (a), (b), (e) or (f) of this section or all moneys that may be received for the primary campaign under section 14 or 15 of this act, the amount of the grant for the general election campaign shall be reduced by the total amount of any such unexpended primary campaign grant and moneys;
(3) If a participating candidate who is nominated for election does not have any opponent in the general election campaign, the amount of the general election campaign grant for which the qualified candidate committee for said candidate shall be eligible shall be thirty per cent of the applicable amount set forth in subsections (a) to (i), inclusive, of the general statutes; and
(4) If the only opponent or opponents of a participating candidate who is nominated for election to an office are eligible minor party candidates or eligible petitioning party candidates and no such eligible minor party candidate's or eligible petitioning party candidate's candidate committee has received a total amount of contributions of any type that is equal to or greater than the amount of the qualifying contributions that a candidate for such office is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, the amount of the general election campaign grant for such participating candidate shall be sixty per cent of the applicable amount set forth in this section.
Sec. 7. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) (1) A participating candidate for nomination to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, may apply to the State Elections Enforcement Commission for a grant from the fund under the Citizens' Election Program for a primary campaign, after the close of the state convention of the candidate's party that is called for the purpose of choosing candidates for nomination for the office that the candidate is seeking, if a primary is required under chapter 153 of the general statutes, and (A) said party endorses the candidate for the office that the candidate is seeking, (B) the candidate is seeking nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative and receives at least fifteen per cent of the votes of the convention delegates present and voting on any roll-call vote taken on the endorsement or proposed endorsement of a candidate for the office the candidate is seeking, or (C) the candidate circulates a petition and obtains the required number of signatures for filing a candidacy for nomination for (i) the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative, pursuant to section 9-400 of the general statutes, or (ii) the municipal office of state senator or state representative, pursuant to section 9-406 of the general statutes, whichever is applicable.
(2) A participating candidate for nomination to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, may apply to the State Elections Enforcement Commission for a grant from the fund under the Citizens' Election Program for a general election campaign:
(A) After the close of the state or district convention or municipal caucus, convention or town committee meeting, whichever is applicable, of the candidate's party that is called for the purpose of choosing candidates for nomination for the office that the candidate is seeking, if (i) said party endorses said candidate for the office that the candidate is seeking and no other candidate of said party files a candidacy with the Secretary of the State in accordance with the provisions of section 9-400 or 9-406 of the general statutes, whichever is applicable, (ii) the candidate is seeking election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative and receives at least fifteen per cent of the votes of the convention delegates present and voting on any roll-call vote taken on the endorsement or proposed endorsement of a candidate for the office the candidate is seeking, no other candidate for said office at such convention either receives the party endorsement or said percentage of said votes for said endorsement or files a certificate of endorsement with the Secretary of the State in accordance with the provisions of section 9-388 of the general statutes or a candidacy with the Secretary of the State in accordance with the provisions of section 9-400 of the general statutes, and no other candidate for said office circulates a petition and obtains the required number of signatures for filing a candidacy for nomination for said office pursuant to section 9-400 of the general statutes, (iii) the candidate is seeking election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or the district office of state senator or state representative, circulates a petition and obtains the required number of signatures for filing a candidacy for nomination for said office pursuant to section 9-400 of the general statutes and no other candidate for said office at the state or district convention either receives the party endorsement or said percentage of said votes for said endorsement or files a certificate of endorsement with the Secretary of the State in accordance with the provisions of section 9-388 of the general statutes or a candidacy with the Secretary of the State in accordance with the provisions of section 9-400 of the general statutes, or (iv) the candidate is seeking election to the municipal office of state senator or state representative, circulates a petition and obtains the required number of signatures for filing a candidacy for nomination for the office the candidate is seeking pursuant to section 9-406 of the general statutes and no other candidate for said office at the caucus, convention or town committee meeting either receives the party endorsement or files a certification of endorsement with the town clerk in accordance with the provisions of section 9-391 of the general statutes;
(B) After any primary held by such party for nomination for said office, if the Secretary of the State declares that the candidate is the party nominee in accordance with the provisions of section 9-440 of the general statutes;
(C) In the case of a minor party candidate, after the nomination of such candidate is certified and filed with the Secretary of the State pursuant to section 9-452 of the general statutes; or
(D) In the case of a petitioning party candidate, after approval by the Secretary of the State of such candidate's nominating petition pursuant to section 9-453o of the general statutes.
(3) A participating candidate for nomination to the office of state senator or state representative at a special election in 2008, or thereafter, may apply to the State Elections Enforcement Commission for a grant from the fund under the Citizens' Election Program for a general election campaign after the close of the district convention or municipal caucus, convention or town committee meeting of the candidate's party that is called for the purpose of choosing candidates for nomination for the office that the candidate is seeking.
(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, no participating candidate for nomination or election who changes the candidate's status as a major party, minor party or petitioning party candidate or becomes a candidate of a different party, after filing the affidavit required under section 4 of this act, shall be eligible to apply for a grant under the Citizens' Election Program for such candidate's primary campaign for such nomination or general election campaign for such election. The provisions of this subdivision shall not apply in the case of a candidate who is nominated by more than one party and does not otherwise change the candidate's status as a major party, minor party or petitioning party candidate.
(b) The application shall include a written certification that:
(1) The candidate committee has received the required amount of qualifying contributions;
(2) The candidate committee has repaid all moneys borrowed on behalf of the campaign, as required by subsection (b) of section 11 of this act;
(3) The candidate committee has returned any contribution of five dollars or more from an individual who does not include the individual's name and address with the contribution;
(4) The candidate committee has returned all contributions or portions of contributions that do not meet the criteria for qualifying contributions under section 5 of this act and transmitted all excess qualifying contributions to the Citizens' Election Fund;
(5) The campaign treasurer of the candidate committee will comply with the provisions of sections 1 to 17, inclusive, of this act;
(6) All moneys received from the Citizens' Election Fund will be deposited upon receipt into the depository account of the candidate committee;
(7) The campaign treasurer of the candidate committee will expend all moneys received from the fund in accordance with the provisions of subsection (g) of section 9-333i of the general statutes and regulations adopted by the State Elections Enforcement Commission under subsection (e) of this section; and
(8) If the candidate withdraws from the campaign, becomes ineligible or dies during the campaign, the candidate committee of the candidate will return to the commission, for deposit in the fund, all moneys received from the fund pursuant to sections 1 to 17, inclusive, of this act which said candidate committee has not spent as of the date of such occurrence.
(c) The application shall be accompanied by a cumulative itemized accounting of all funds received, expenditures made and expenses incurred but not yet paid by the candidate committee as of three days before the date that the application is signed. Such accounting shall be sworn to under penalty of false statement by the campaign treasurer of the candidate committee. The commission shall prescribe the form of the application and the cumulative itemized accounting. The form for such accounting shall conform to the requirements of section 9-333j of the general statutes, as amended by this act. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.
(d) Not later than three business days following receipt of any such application, the commission shall review the application, determine whether (1) the candidate committee for the applicant has received the required qualifying contributions, (2) in the case of an application for a grant from the fund for a primary campaign, the applicant has met the applicable condition under subsection (a) of this section for applying for such grant and complied with the provisions of subsections (b) and (c) of this section, and at least either one other participating candidate for nomination in the primary, from the same party and for the same office as the applicant, has also received the required qualifying contributions or at least one nonparticipating candidate for nomination in the primary, from the same party and for the same office as the applicant, has received an amount of contributions equal to the amount of such qualifying contributions, (3) in the case of an application for a grant from the fund for a general election campaign, the applicant has met the applicable condition under subsection (a) of this section for applying for such moneys and complied with the provisions of subsections (b) and (c) of this section, and (4) in the case of an application by a minor party or petitioning party candidate for a grant from the fund for a general election campaign, the applicant qualifies as an eligible minor party candidate or an eligible petitioning party candidate, whichever is applicable. If the commission approves an application, the commission shall determine the amount of the grant payable to the candidate committee for the applicant pursuant to section 6 of this act from the fund, and notify the State Comptroller and the candidate of such candidate committee, of such amount. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of such amount to the qualified candidate committee from the fund.
(e) The State Elections Enforcement Commission shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, on permissible expenditures under subsection (g) of section 9-333i of the general statutes for qualified candidate committees receiving grants from the fund under sections 1 to 17, inclusive, of this act.
(f) If a nominated participating candidate dies, withdraws the candidate's candidacy or becomes disqualified to hold the office for which the candidate has been nominated after the commission approves the candidate's application for a grant under this section, the candidate committee of the candidate who is nominated to replace said candidate pursuant to section 9-460 of the general statutes shall be eligible to receive grants from the fund without complying with the provisions of section 5 of this act, if said replacement candidate files an affidavit under section 4 of this act certifying the candidate's intent to abide by the expenditure limits set forth in subsection (c) of section 3 of this act and notifies the commission on a form prescribed by the commission.
Sec. 8. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) Following the initial deposit of moneys from the Citizens' Election Fund into the depository account of a qualified candidate committee, no contribution, loan, amount of the candidate's own moneys or any other moneys received by the candidate or the campaign treasurer on behalf of the committee shall be deposited into said depository account, except (1) grants from the fund, and (2) any additional moneys from the fund as provided in sections 14 and 15 of this act.
Sec. 9. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) A qualified candidate committee that received moneys from the Citizens' Election Fund for a primary campaign and whose candidate is the party nominee shall receive a grant from the fund for a general election campaign. Upon receiving verification from the Secretary of the State of the declaration by the Secretary of the State in accordance with the provisions of section 9-440 of the general statutes of the results of the votes cast at the primary, the State Elections Enforcement Commission shall notify the State Comptroller of the amount payable to such qualified candidate committee pursuant to section 6 of this act. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of the general election campaign grant to said committee from said fund.
Sec. 10. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) For purposes of this section, expenditures made to aid or promote the success of both a candidate for nomination or election to the office of Governor and a candidate for nomination or election to the office of Lieutenant Governor jointly, shall be considered expenditures made to aid or promote the success of a candidate for nomination or election to the office of Governor. The party-endorsed candidate for nomination or election to the office of Lieutenant Governor and the party-endorsed candidate for nomination or election to the office of Governor shall be deemed to be aiding or promoting the success of both candidates jointly upon the earliest of the following: (1) The primary, whether held for the office of Governor, the office of Lieutenant Governor, or both; (2) if no primary is held for the office of Governor or Lieutenant Governor, the fourteenth day following the close of the convention; or (3) a declaration by the party-endorsed candidates that they will campaign jointly. Any other candidate for nomination or election to the office of Lieutenant Governor shall be deemed to be aiding or promoting the success of such candidacy for the office of Lieutenant Governor and the success of a candidate for nomination or election to the office of Governor jointly upon a declaration by the candidates that they shall campaign jointly.
(b) If a candidate for nomination or election to the office of Lieutenant Governor is campaigning jointly with a candidate for nomination or election to the office of Governor, the candidate committee and any exploratory committee for the candidate for the office of Lieutenant Governor shall be dissolved as of the applicable date set forth in subsection (a) of this section. Not later than fifteen days after said date, the campaign treasurer of the candidate committee formed to aid or promote the success of said candidate for nomination or election to the office of Lieutenant Governor shall file a statement with the proper authority under section 9-333e of the general statutes, as amended by this act, identifying all contributions received or expenditures made by the committee since the previous statement and the balance on hand or deficit, as the case may be. Not later than thirty days after the applicable date set forth in subsection (a) of this section, (1) the campaign treasurer of a qualified candidate committee formed to aid or promote the success of said candidate for nomination or election to the office of Lieutenant Governor shall distribute any surplus to the fund, and (2) the campaign treasurer of a nonqualified candidate committee formed to aid or promote the success of said candidate for nomination or election to the office of Lieutenant Governor shall distribute such surplus in accordance with the provisions of subsection (e) of section 9-333j of the general statutes, as amended by this act.
Sec. 11. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) The candidate committee for a candidate who intends to participate in the Citizens' Election Program may borrow moneys on behalf of a campaign for a primary or a general election from one or more financial institutions, as defined in section 36a-41 of the general statutes, in an aggregate amount not to exceed one thousand dollars. The amount borrowed shall not constitute a qualifying contribution under section 5 of this act. No individual, political committee or party committee, except the candidate or, in a general election, the state central committee of a political party, shall endorse or guarantee such a loan in an aggregate amount in excess of five hundred dollars. An endorsement or guarantee of such a loan shall constitute a contribution by such individual or committee for so long as the loan is outstanding. The amount endorsed or guaranteed by such individual or committee shall cease to constitute a contribution upon repayment of the amount endorsed or guaranteed.
(b) All such loans shall be repaid in full prior to the date such candidate committee applies for a grant from the Citizens' Election Fund pursuant to section 7 of this act. A candidate who fails to repay such loans or fails to certify such repayment to the State Elections Enforcement Commission shall not be eligible to receive and shall not receive grants from the fund.
(c) A candidate who intends to participate in the Citizens' Election Program may provide personal funds for such candidate's campaign for nomination or election in an amount not exceeding: (1) For a candidate for the office of Governor, twenty thousand dollars; (2) for a candidate for the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of the State, ten thousand dollars; (3) for a candidate for the office of state senator, two thousand dollars; or (4) for a candidate for the office of state representative, one thousand dollars. Such personal funds shall not constitute a qualifying contribution under section 5 of this act.
Sec. 12. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) If an expenditure in excess of the applicable expenditure limit set forth in subsection (c) of section 3 of this act is made or incurred by a qualified candidate committee that receives a grant from the Citizens' Election Fund pursuant to section 7 of this act, (1) the candidate and campaign treasurer of said committee shall be jointly and severally liable for paying for the excess expenditure, (2) the committee shall not receive any additional grants or moneys from the fund for the remainder of the election cycle if the State Elections Enforcement Commission determines that the candidate or campaign treasurer of said committee had knowledge of the excess expenditure, (3) the campaign treasurer shall be subject to penalties under section 9-7b of the general statutes, as amended by this act, and (4) the candidate of said candidate committee shall be deemed to be a nonparticipating candidate for the purposes of sections 1 to 17, inclusive, of this act if the commission determines that the candidate or campaign treasurer of said committee had knowledge of the excess expenditure. The commission may waive the provisions of this subsection upon determining that an excess expenditure is de minimus. The commission shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, establishing standards for making such determinations. Such standards shall include, but not be limited to, a finding by the commission that the candidate or campaign treasurer has, from the candidate's or campaign treasurer's personal funds, either paid the excess expenditure or reimbursed the qualified candidate committee for its payment of the excess expenditure.
(b) If an individual, who is associated with the campaign of a candidate whose qualified candidate committee has received a grant from the Citizens' Election Fund pursuant to section 7 of this act, makes or incurs an expenditure in excess of the applicable expenditure limit set forth in subsection (c) of section 3 of this act for said committee, without the consent of the candidate or campaign treasurer of the committee, the individual shall (1) repay to the fund the amount of such excess expenditure, and (2) shall be subject to penalties under section 9-7b of the general statutes, as amended by this act. The provisions of this subsection shall not apply to an individual who is the candidate or the campaign treasurer of such committee.
Sec. 13. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) (1) If a candidate in a primary campaign or a general election campaign in which there is at least one participating candidate initially makes, or incurs an obligation to make, an expenditure that is in excess of ninety per cent of the applicable grant for said participating candidate or candidates for said campaign authorized under section 6 of this act, the candidate making the excess expenditure shall file a supplemental campaign finance statement with the State Elections Enforcement Commission, not later than forty-eight hours after making or incurring said expenditure.
(2) After the initial filing of a statement under subdivision (1) of this subsection, the candidate filing the statement and all opposing candidates shall file supplemental campaign finance statements with the commission on the following schedule: (A) In the case of a primary campaign, on the first Thursday following the date in July on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-333j of the general statutes, as amended by this act, or the first Thursday following the supplemental campaign finance statement filed under subdivision (1) of this subsection, whichever is later, and each Thursday thereafter until the Thursday before the day of the primary, inclusive, and (B) in the case of a general election campaign, on the first Thursday following the date in October on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-333j of the general statutes, as amended by this act, or the first Thursday following the supplemental campaign finance statement filed under subdivision (1) of this subsection, whichever is later, and each Thursday thereafter until the Thursday before the day of the election, inclusive.
(3) Each supplemental statement required under subdivision (1) or (2) of this subsection for a candidate shall disclose the name of the candidate, the name of the candidate's campaign committee and the total amount of campaign expenditures made or obligated to be made by such candidate committee during the primary campaign or the general election campaign, whichever is applicable, as of the day before the date on which such statement is required to be filed. The commission shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, specifying permissible media for the transmission of such statements to the commission, which shall include electronic mail.
(b) (1) As used in this subsection, "excess expenditure" means (A) an expenditure made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which is in excess of the amount of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, or (B) an expenditure made, or obligated to be made by a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the sum of (i) the amount of the applicable qualifying contributions that a candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (ii) the amount of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act.
(2) If a candidate makes, or incurs the obligation to make, an excess expenditure more than twenty days before the day of a primary or an election, said candidate shall file a declaration of excess expenditures with the commission not later than forty-eight hours after making or incurring said expenditure. If said candidate makes, or incurs the obligation to make, an excess expenditure twenty days or less before the day of a primary or an election, the candidate shall file such declaration with the commission not later than twenty-four hours after making or incurring the expenditure.
(3) The commission shall confirm whether an expenditure described in a declaration filed under this subsection is an excess expenditure.
(c) If a campaign treasurer fails to file any statement or declaration required by this section within the time required, said campaign treasurer shall be subject to a civil penalty, imposed by the commission, of not more than one thousand dollars for the first failure to file the statement within the time required and not more than five thousand dollars for any subsequent such failure.
Sec. 14. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which is in excess of ninety per cent of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys shall be paid to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of such applicable grant. The amount of such additional moneys shall be twenty-five per cent of such applicable grant. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of said amount to said candidate committees from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign treasurer that it has determined that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in excess of one hundred per cent of such applicable grant. Any such determination may be made by the commission either on its own initiative or upon request of any said participating candidate. Upon receipt of any such notice by a campaign treasurer, the participating candidate may spend an amount of said moneys equal to the amount of such excess expenditure or expenditures. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.
(b) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which is in excess of one hundred fifteen per cent of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys shall be paid to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (2) one hundred twenty-five per cent of such applicable grant. The amount of such additional moneys shall be twenty-five per cent of such applicable grant. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of said amount to said candidate committees from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign treasurer that it has determined that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in excess of one hundred twenty-five per cent of such applicable grant. Any such determination may be made by the commission either on its own initiative or upon request of any said participating candidate. Upon receipt of any such notice by a campaign treasurer, the participating candidate may spend an amount of said moneys equal to the amount of such excess expenditure or expenditures. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.
(c) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which is in excess of one hundred forty per cent of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys shall be paid to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (2) one hundred fifty per cent of such applicable grant. The amount of such additional moneys shall be twenty-five per cent of such applicable grant. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of said amount to said candidate committees from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign treasurer that it has determined that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in excess of one hundred fifty per cent of such applicable grant. Any such determination may be made by the commission either on its own initiative or upon request of any said participating candidate. Upon receipt of any such notice by a campaign treasurer, the participating candidate may spend an amount of said moneys equal to the amount of such excess expenditure or expenditures. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.
(d) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which is in excess of one hundred sixty-five per cent of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys shall be paid to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (2) one hundred seventy-five per cent of such applicable grant. The amount of such additional moneys shall be twenty-five per cent of such applicable grant for said participating candidates for said campaign authorized under section 6 of this act. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of said amount to said candidate committees from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign treasurer that it has determined that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in excess of one hundred seventy-five per cent of such applicable grant. Any such determination may be made by the commission either on its own initiative or upon request of any said participating candidate. Upon receipt of any such notice by a campaign treasurer, the participating candidate may spend an amount of said moneys equal to the amount of such excess expenditure or expenditures. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.
(e) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the sum of (1) the amount of the applicable qualifying contributions that a candidate is required to receive under section 5 of this act to be eligible for grants from the Citizens' Election Fund, and (2) the amount of the applicable grant for said participating candidates for said campaign authorized under section 6 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys, equal to the amount of such excess expenditure, shall be paid to the candidate committee of each such participating candidate who has not made such an excess expenditure. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of said amount to said candidate committees from the Citizens' Election Fund. A participating candidate may receive more than one payment of moneys under this section for any campaign.
(f) If, during the ninety-six-hour period beginning at five o'clock p. m. on the Thursday preceding the day of a primary or an election, the commission receives a notice from a participating candidate that an opposing candidate has made or incurred an obligation to make excess expenditures that have not yet been reported to the commission, the commission shall expeditiously review such notice and notify the State Comptroller, who shall immediately wire or electronically transfer moneys from the fund, in the amount of such excess expenditures confirmed or estimated by the commission, to the qualified candidate committee of said participating candidate or to any person requested by the campaign treasurer of said committee.
(g) The maximum aggregate amount of moneys that the qualified candidate committee of a participating candidate shall receive under subsections (a) to (f), inclusive, of this section for a primary campaign or a general election campaign to match excess expenditures by an opposing candidate shall not exceed (1) the highest amount of excess expenditures by an opposing candidate during said campaign, or (2) the amount of the applicable grant authorized under section 6 of this act for said participating candidate for the campaign, whichever is less.
Sec. 15. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) The State Elections Enforcement Commission, (1) upon the receipt of a report under subsection (e) of section 9-333n of the general statutes, as amended by this act, that an independent expenditure has been made or obligated to be made, with the intent to promote the defeat of a participating candidate whose candidate committee has received a grant under section 6 of this act for a primary campaign or a general election campaign, or (2) upon determining at the request of any such participating candidate that such an independent expenditure has been made or obligated to be made with such intent, shall immediately notify the State Comptroller that additional moneys, equal to the amount of the independent expenditure, shall be paid to the candidate committee of such participating candidate. Not later than two business days following notification by the commission, the State Comptroller shall draw an order on the State Treasurer for payment of such amount to said candidate committee from the Citizens' Election Fund.
(b) If, during the ninety-six-hour period beginning at five o'clock p. m. on the Thursday preceding the day of a primary or an election, the commission receives (1) a report under subsection (e) of section 9-333n of the general statutes, as amended by this act, that an independent expenditure has been made or obligated to be made, with the intent to promote the defeat of a participating candidate, or (2) a notice from a participating candidate that such an independent expenditure has been made or obligated to be made but not yet been reported to the commission, the commission shall expeditiously review the report or such notice, as the case may be, and notify the State Comptroller, who shall immediately wire or electronically transfer moneys from the fund, in the amount of such independent expenditures confirmed or estimated by the commission, to the qualified candidate committee of said participating candidate or to any person requested by the participating candidate.
(c) (1) The maximum aggregate amount of moneys that the qualified candidate committee of a participating candidate shall receive under subsections (a) and (b) of this section to match independent expenditures made, or obligated to be made, with the intent to promote the defeat of said participating candidate shall not exceed the amount of the applicable grant authorized under section 6 of this act for the participating candidate for the primary campaign or general election campaign in which such independent expenditures are made or obligated to be made.
(2) The additional moneys under subsections (a) and (b) of this section to match independent expenditures shall be granted to the qualified candidate committee of a participating candidate opposed by a nonparticipating candidate only if the nonparticipating candidate's campaign expenditures, combined with the amount of the independent expenditures, exceed the amount of the applicable grant authorized under section 6 of this act for the participating candidate for the primary campaign or general election campaign in which such independent expenditures are made or obligated to be made.
Sec. 16. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) The Secretary of the State shall provide to each participating candidate a copy of the voter registration list for the state or the applicable district, which is generated from the state-wide centralized voter registration system established pursuant to the plan authorized under section 1 of special act 91-45 and completed pursuant to section 9-50b of the general statutes. The Secretary shall provide the copy in electronic format, free of charge.
Sec. 17. (NEW) (Effective December 31, 2006, and applicable to elections held on or after said date) (a) Not later than June 1, 2007, and annually thereafter, the State Elections Enforcement Commission shall issue a report on the status of the Citizens' Election Fund during the previous calendar year. Such report shall include the amount of moneys deposited in the fund, the sources of moneys received by category, the number of contributions, the number of contributors, the amount of moneys expended by category, the recipients of moneys distributed from the fund and an accounting of the costs incurred by the commission in administering the provisions of sections 1 to 17, inclusive, of this act.
(b) Not later than January first in any year in which a state election is to be held, the commission shall determine whether the amount of moneys in the fund is sufficient to carry out the purposes of sections 1 to 17, inclusive, of this act. If the commission determines that such amount is not sufficient to carry out such purposes, the commission shall, not later than three days after such later determination, (1) determine the percentage of the fund's obligations that can be met for such election, (2) recalculate the amount of each payment that each qualified candidate committee is entitled to receive under section 7 of this act by multiplying such percentage by the amount that such committee would have been entitled to receive under sections 1 to 17, inclusive, of this act if there were a sufficient amount of moneys in the fund, and (3) notify each such committee of such insufficiency, percentage and applicable recalculation. After a qualified candidate committee under section 7 of this act first receives any such recalculated payment, the committee may resume accepting contributions, which shall not be subject to the restrictions on qualifying contributions under section 5 of this act, and making expenditures from such contributions, up to the highest amount of expenditures made by an opposing nonparticipating candidate in the same primary campaign or general election campaign. The commission shall also issue a report on said determination.
(c) The commission shall establish a reserve account in the fund. The first twenty-five thousand dollars deposited in the fund during any year shall be placed in said account. The commission shall use moneys in the reserve account only during the seven days preceding a primary or an election for payments to candidates (1) whose payments were reduced under subsection (b) of this section, or (2) who are entitled to funding to match, during said seven-day period, independent expenditures pursuant to section 15 of this act.
Sec. 18. Section 9-333a of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
As used in this chapter and sections 1 to 17, inclusive, of this act:
(1) "Committee" means a party committee, political committee or a candidate committee organized, as the case may be, for a single primary, election or referendum, or for ongoing political activities, to aid or promote the success or defeat of any political party, any one or more candidates for public office or the position of town committee member or any referendum question.
(2) "Party committee" means a state central committee or a town committee. "Party committee" does not mean a party-affiliated or district, ward or borough committee which receives all of its funds from the state central committee of its party or from a single town committee with the same party affiliation. Any such committee so funded shall be construed to be a part of its state central or town committee for purposes of this chapter and sections 1 to 17, inclusive, of this act.
(3) "Political committee" means (A) a committee organized by a business entity or organization, (B) persons other than individuals, or two or more individuals organized or acting jointly conducting their activities in or outside the state, (C) [a committee established by a candidate to determine the particular public office to which he shall seek nomination or election, and referred to in this chapter as an exploratory committee, or] an exploratory committee, (D) a committee established by or on behalf of a slate of candidates in a primary for the office of justice of the peace, but does not mean a candidate committee or a party committee, (E) a legislative caucus committee, or (F) a legislative leadership committee.
(4) "Candidate committee" means any committee designated by a single candidate, or established with the consent, authorization or cooperation of a candidate, for the purpose of a single primary or election and to aid or promote [his] such candidate's candidacy alone for a particular public office or the position of town committee member, but does not mean a political committee or a party committee.
(5) "Exploratory committee" means a committee established by a candidate for a single primary or election (A) to determine whether to seek nomination or election to (i) the General Assembly, (ii) a state office, as defined in subsection (e) of section 9-333l, or (iii) any other public office, and (B) if applicable, to aid or promote said candidate's candidacy for nomination to the General Assembly or any such state office.
[(5)] (6) "National committee" means the organization which according to the bylaws of a political party is responsible for the day-to-day operation of the party at the national level.
[(6)] (7) "Organization" means all labor organizations, (A) as defined in the Labor-Management Reporting and Disclosure Act of 1959, as from time to time amended, or (B) as defined in subdivision (9) of section 31-101, employee organizations as defined in subsection (d) of section 5-270 and subdivision (6) of section 7-467, bargaining representative organizations for teachers, any local, state or national organization, to which a labor organization pays membership or per capita fees, based upon its affiliation or membership, and trade or professional associations which receive their funds exclusively from membership dues, whether organized in or outside of this state, but does not mean a candidate committee, party committee or a political committee.
[(7)] (8) "Business entity" means the following, whether organized in or outside of this state: Stock corporations, banks, insurance companies, business associations, bankers associations, insurance associations, trade or professional associations which receive funds from membership dues and other sources, partnerships, joint ventures, private foundations, as defined in Section 509 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; trusts or estates; corporations organized under sections 38a-175 to 38a-192, inclusive, 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, and chapters 594 to 597, inclusive; cooperatives, and any other association, organization or entity which is engaged in the operation of a business or profit-making activity; but does not include professional service corporations organized under chapter 594a and owned by a single individual, nonstock corporations which are not engaged in business or profit-making activity, organizations, as defined in subdivision (6) of this section, candidate committees, party committees and political committees as defined in this section. For purposes of this chapter, corporations which are component members of a controlled group of corporations, as those terms are defined in Section 1563 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall be deemed to be one corporation.
[(8)] (9) "Individual" means a human being, a sole proprietorship, or a professional service corporation organized under chapter 594a and owned by a single human being.
[(9)] (10) "Person" means an individual, committee, firm, partnership, organization, association, syndicate, company trust, corporation, limited liability company or any other legal entity of any kind but does not mean the state or any political or administrative subdivision of the state.
[(10)] (11) "Candidate" means an individual who seeks nomination for election or election to public office whether or not such individual is elected, and for the purposes of this chapter and sections 1 to 17, inclusive, of this act an individual shall be deemed to seek nomination for election or election if [he] such individual has (A) been endorsed by a party or become eligible for a position on the ballot at an election or primary, or (B) solicited or received contributions, made expenditures or given [his] such individual's consent to any other person to solicit or receive contributions or make expenditures with the intent to bring about [his] such individual's nomination for election or election to any such office. "Candidate" also means a slate of candidates which is to appear on the ballot in a primary for the office of justice of the peace. For the purposes of sections 9-333 to 9-333l, inclusive, as amended by this act, and section 9-333w, "candidate" also means an individual who is a candidate in a primary for town committee members.
[(11)] (12) "Campaign treasurer" means the individual appointed by a candidate or by the [chairman] chairperson of a party committee or a political committee to receive and disburse funds on behalf of the candidate or committee.
[(12)] (13) "Deputy campaign treasurer" means the individual appointed by the candidate or by the [chairman] chairperson of a committee to serve in the capacity of the campaign treasurer if the campaign treasurer is unable to perform [his] the campaign treasurer's duties.
[(13)] (14) "Solicitor" means an individual appointed by a campaign treasurer of a committee to receive, but not to disburse, funds on behalf of the committee.
[(14)] (15) "Referendum question" means a question to be voted upon at any election or referendum, including a proposed constitutional amendment.
[(15)] (16) "Lobbyist" means a lobbyist, as defined in [subsection (l) of] section 1-91 and "communicator lobbyist" means a communicator lobbyist, as defined in section 1-91.
[(16)] (17) "Business with which he is associated" means any business in which the contributor is a director, officer, owner, limited or general partner or holder of stock constituting five per cent or more of the total outstanding stock of any class. Officer refers only to the president, executive or senior vice-president or treasurer of such business.
[(17)] (18) "Independent expenditure" means an expenditure that is made without the consent, knowing participation, or consultation of, a candidate or agent of the candidate committee and is not a coordinated expenditure. ["Independent expenditure" does not include an expenditure (A) if there is any coordination or direction with respect to the expenditure between the candidate or the treasurer, deputy treasurer or chairman of his candidate committee and the person making the expenditure, or (B) if, during the same election cycle, the individual making the expenditure serves or has served as the treasurer, deputy treasurer or chairman of the candidate committee. ]
(19) "Coordinated expenditure" means an expenditure made by a person:
(A) In cooperation, consultation, in concert with, at the request, suggestion or direction of, or pursuant to a general or particular understanding with (i) a candidate, candidate committee, political committee or party committee, or (ii) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee;
(B) For the production, dissemination, distribution or publication, in whole or in substantial part, of any broadcast or any written, graphic or other form of political advertising or campaign communication prepared by (i) a candidate, candidate committee, political committee or party committee, or (ii) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee;
(C) Based on information about a candidate's plans, projects or needs, provided by (i) a candidate, candidate committee, political committee or party committee, or (ii) a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee, with the intent that such expenditure by made;
(D) Who, in the same election cycle, is serving or has served as the campaign chairperson, campaign treasurer or deputy treasurer of a candidate committee, political committee or party committee benefiting from such expenditure, or in any other executive or policymaking position as a member, employee, fundraiser, consultant or other agent of a candidate, candidate committee, political committee or party committee;
(E) For fundraising activities (i) with or for a candidate, candidate committee, political committee or party committee, or a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee, or (ii) for the solicitation or receipt of contributions on behalf of a candidate, candidate committee, political committee or party committee, or a consultant or other agent acting on behalf of a candidate, candidate committee, political committee or party committee;
(F) Based on information about a candidate's campaign plans, projects or needs, that is directly or indirectly provided by said candidate, the candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting on behalf of said candidate, candidate committee, political committee or party committee, to the person making the expenditure or said person's agent, with an express or tacit understanding that said person is considering making the expenditure; or
(G) For a communication that clearly identifies a candidate during an election campaign, if the person making the expenditure, or said person's agent, has informed said candidate, the candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting on behalf of said candidate, candidate committee, political committee or party committee, concerning the communication's contents, intended audience, timing, location or mode or frequency of dissemination.
[(18)] (20) "Federal account" means a depository account that is subject to the disclosure and contribution limits provided under the Federal Election Campaign Act of 1971, as amended from time to time.
[(19)] (21) "Public funds" means funds belonging to, or under the control of, the state or a political subdivision of the state.
(22) "Legislative caucus committee" means a committee established under subdivision (2) of subsection (e) of section 9-333g, as amended by this act, by the majority of the members of a political party who are also state representatives or state senators.
(23) "Legislative leadership committee" means a committee established under subdivision (3) of subsection (e) of section 9-333g, as amended by this act, by a leader of the General Assembly.
(24) "Immediate family" means the spouse or a dependent child of an individual.
(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:
(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 title 9, 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;
(C) A campaign event at which a candidate or candidates are present;
(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.
(26) "Solicit" means (A) requesting that a contribution be made, (B) participating in any fund-raising activities for a candidate committee, exploratory committee, political committee or party committee, including, but not limited to, forwarding tickets to potential contributors, receiving contributions for transmission to any such committee or bundling contributions, (C) serving as chairperson, campaign treasurer, deputy campaign treasurer or any other officer of any such committee, or (D) establishing a political committee for the sole purpose of soliciting or receiving contributions for any committee. "Solicit" does not include (i) making a contribution that is otherwise permitted under this chapter, (ii) informing any person of a position taken by a candidate for public office or a public official, or (iii) notifying the person of any activities of, or contact information for, any candidate for public office.
(27) "Agent" means any person acting at the direction of an individual.
Sec. 19. Section 9-333b of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
(a) As used in this chapter and sections 1 to 17, inclusive, of this act, "contribution" means:
(1) Any gift, subscription, loan, advance, payment or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person or for the purpose of aiding or promoting the success or defeat of any referendum question or on behalf of any political party;
(2) A written contract, promise or agreement to make a contribution for any such purpose;
(3) The payment by any person, other than a candidate or campaign treasurer, of compensation for the personal services of any other person which are rendered without charge to a committee or candidate for any such purpose;
(4) An expenditure when made by a person with the cooperation of, or in consultation with, any candidate, candidate committee or candidate's agent or which is made in concert with, or at the request or suggestion of, any candidate, candidate committee or candidate's agent, including a coordinated expenditure; or
(5) Funds received by a committee which are transferred from another committee or other source for any such purpose.
(b) As used in this chapter and sections 1 to 17, inclusive, of this act, "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 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;
(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) (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 [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;
(B) The purchase of advertising space which clearly identifies the purchaser, in a program for 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 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 9-333n, as amended by section 32 of this act;
(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; [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; or
(16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee.
Sec. 20. Section 9-333c of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
(a) As used in this chapter and sections 1 to 17, inclusive, of this act, the term "expenditure" means:
(1) Any purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, when made for the purpose of influencing the nomination for election, or election, of any person or for the purpose of aiding or promoting the success or defeat of any referendum question or on behalf of any political party;
(2) Any advertisement that (A) refers to one or more clearly identified candidates, (B) is broadcast by radio or television other than on a public access channel, or appears in a newspaper, magazine or on a billboard, and (C) is broadcast or appears during the ninety-day period preceding the date of an election, other than a commercial advertisement that refers to an owner, director or officer of a business entity who is also a candidate and that had previously been broadcast or appeared when the owner, director or officer was not a candidate; or
(3) The transfer of funds by a committee to another committee.
(b) The term "expenditure" does not mean:
(1) A loan of money, made in the ordinary course of business, by a state or national bank;
(2) A communication made by any 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) Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical, unless such facilities are owned or controlled by any political party, committee or candidate;
(6) 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 for nomination or election 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; [or]
(7) Any unreimbursed payment for travel expenses made by an individual who, on his own behalf, volunteers his personal services to any single candidate to the extent that the cumulative value does not exceed two hundred dollars with respect to any single election, and on behalf of all state or town committees does not exceed four hundred dollars in a calendar year; or
(8) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee.
(c) "Expense incurred but not paid" means any receipt of goods or services for which payment is required but not made or a written contract, promise or agreement to make an expenditure.
Sec. 21. Section 9-333e of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
(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 [office of the Secretary of the State] 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 [Secretary of the State] State Elections Enforcement Commission and the town clerk of the municipality in which the primary is to be held.
(b) Statements filed by political committees formed solely to aid or promote the success or defeat of a referendum question to be voted upon by the electors of a single municipality and those political committees or candidate committees formed to aid or promote the success or defeat of any candidate for public office, other than those enumerated in subsection (a) of this section, or the position of town committee member shall be filed only with the town clerk of the municipality in which the election or referendum is to be held. Each unsalaried town clerk shall be entitled to receive ten cents from the town for the filing of each such statement.
(c) A certification of a candidate who is exempt from the requirement of subsection (a) of section 9-333f to form a candidate committee shall be filed with the [Secretary of the State] State Elections Enforcement Commission if the candidate seeks an office enumerated in subsection (a) of this section, or with the town clerk of the municipality in which the election is to be held if the candidate seeks an office other than those enumerated. A certification of a group of individuals who have joined solely to aid or promote a referendum question and who are exempt from the requirement to form a political committee under section 9-333g shall be filed with the town clerk of each municipality in which the referendum is to be held.
(d) On December 31, 2006, the duties of the Secretary of the State concerning the administration of campaign finance reporting under chapter 150 shall be transferred to the State Elections Enforcement Commission.
Sec. 22. Subsection (c) of section 9-333f of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
(c) The chairman of a political committee formed to support a single candidate for public office shall, not later than seven days after filing a statement of organization with the proper authority under section 9-333e, send the candidate a notice, by certified mail, of such filing. If a candidate (1) does not, within fourteen days after receiving such notice, disavow such committee, in writing, to the proper authority under section 9-333e, or (2) disavows such committee within such period, but, at any time before such disavowal, accepts funds from the committee for his campaign, such committee shall be deemed to have been authorized by such candidate and shall constitute a candidate committee for the purposes of this chapter. No candidate shall establish, agree to or assist in establishing, or give his consent or authorization to establishing a committee other than a single candidate committee to promote his candidacy for any public office except that a candidate may establish [a single political] an exploratory committee. [, for a single election or primary, for the sole purpose of determining whether to seek (A) nomination or election to the General Assembly, (B) a state office, as defined in subsection (e) of section 9-333l, or (C) nomination or election to any other public office. ] The candidate shall designate [such purpose] on the statement of organization for the exploratory committee the type of office to which the candidate is determining whether to seek nomination or election, as follows: (A) The General Assembly, (B) a state office, or (C) any other public office. The candidate may also certify on the statement of organization that the candidate will not be a candidate for the office of state representative. Not later than fifteen days after a public declaration by the candidate of [his] the candidate's intention to seek nomination or election to [the General Assembly, a state office, as so defined, or any other] a particular public office, the candidate shall form a single candidate committee, except that in the case of a candidate establishing an exploratory committee for purposes including aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the candidate shall form a single candidate committee not later than fifteen days after the date that the campaign treasurer of such exploratory committee is required to file a notice of intent to dissolve the committee under subsection (f) of section 9-333j, as amended by this act. As used in this subsection, "state office" has the same meaning as provided in subsection (e) of section 9-333l.
Sec. 23. Section 9-333g of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 31, 2006, and applicable to elections held on or after said date):
(a) The chairperson of each political committee shall designate a campaign treasurer and may designate a deputy campaign treasurer. The campaign treasurer and any deputy campaign treasurer so designated shall sign a statement accepting the designation. The chairperson of each political committee shall file a statement of organization along with the statement signed by the designated campaign treasurer and deputy campaign treasurer with the proper authority, within ten days after its organization, provided that the chairperson of any political committee organized within ten days prior to any primary, election or referendum in connection with which it intends to make any contributions or expenditures, shall immediately file a statement.
(b) The statement shall include: (1) The name and address of the committee; (2) a statement of the purpose of the committee; (3) the name and address of its campaign treasurer, and deputy campaign treasurer if applicable; (4) the name, address and position of its chairman, and other principal officers if applicable; (5) the name and address of the depository institution for its funds; (6) the name of each person, other than an individual, that is a member of the committee; (7) the name and party affiliation of each candidate whom the committee is supporting and the office or position sought by each candidate; (8) if the committee is supporting the entire ticket of any party, a statement to that effect and the name of the party; (9) if the committee is supporting or opposing any referendum question, a brief statement identifying the substance of the question; (10) if the committee is established by a business entity or organization, the name of the entity or organization; (11) if the committee is established by an organization, whether it will receive its funds from the organization's treasury or from voluntary contributions; (12) if the committee files reports with the Federal Elections Commission or any out-of-state agency, a statement to that effect including the name of the agency; (13) a statement indicating whether the committee is established for a single primary, election or referendum or for ongoing political activities; [and] (14) if the committee is established by or on behalf of a lobbyist, a statement to that effect and the name of the lobbyist; and (15) the name and address of the person making the initial contribution or disbursement, if any, to the committee. If no such contribution or disbursement has been made at the time of the filing of such statement, the campaign treasurer of the committee shall, not later than forty-eight hours after receipt of such cont