Sec. 9-333j. Statements to be filed by campaign treasurers. Treatment of surplus or deficit. (a) Filing dates. (1) Each campaign treasurer of a committee, other
than a state central committee, shall file a statement, sworn under penalty of false statement with the proper authority in accordance with the provisions of section 9-333e, (A)
on the seventh calendar day in the months of January, April, July and October, provided,
if such seventh calendar day is a Saturday, Sunday or legal holiday, the statement shall
be filed on the next business day, (B) on the seventh day preceding each regular state
election, except that (i) in the case of a candidate or exploratory committee established
for an office to be elected at a municipal election, the statement shall be filed on the
seventh day preceding a regular municipal election in lieu of such date, and (ii) in the
case of a town committee, the statement shall be filed on the seventh day preceding each
municipal election in addition to such date, and (C) if the committee has made or received
a contribution or expenditure in connection with any other election, a primary or a
referendum, on the seventh day preceding the election, primary or referendum. The
statement shall be complete as of the last day of the month preceding the month in which
the statement is required to be filed, except that for the statement required to be filed
on the seventh day preceding the election, primary or referendum, the statement shall
be complete as of seven days immediately preceding the required filing day. The statement shall cover a period to begin with the first day not included in the last filed statement. In the case of a candidate committee, the statement required to be filed in January
shall be in lieu of the statement formerly required to be filed within forty-five days
following an election.
(2) Each campaign treasurer of a candidate committee, within thirty days following
any primary, and each campaign treasurer of a political committee formed for a single
primary, election or referendum, within forty-five days after any election or referendum
not held in November, shall file statements in the same manner as is required of them
under subdivision (1) of this subsection. If the campaign treasurer of a candidate committee established by a candidate, who is unsuccessful in the primary or has terminated his
candidacy prior to the primary, distributes all surplus funds within thirty days following
the scheduled primary and discloses the distribution on the postprimary statement, such
campaign treasurer shall not be required to file any subsequent statement unless the
committee has a deficit, in which case he shall file any required statements in accordance
with the provisions of subdivision (3) of subsection (e) of this section.
(3) In the case of state central committees, on each January thirtieth, April tenth
and July tenth, and on the twelfth day preceding any election, the campaign treasurer
of each such committee shall file with the proper authority, a statement, sworn under
penalty of false statement, complete as of the last day of the month immediately preceding the month in which such statement is to be filed in the case of statements required
to be filed in January, April and July, and complete as of the nineteenth day preceding
an election, in the case of the statement required to be filed on the twelfth day preceding
an election, and in each case covering a period to begin with the first day not included
in the last filed statement.
(b) Exemption from filing requirements. The statements required to be filed under
subsection (a) of this section and subdivisions (2) and (3) of subsection (e) of this section,
shall not be required to be filed by: (1) A candidate committee or political committee
formed for a single primary or election until such committee receives or expends an
amount in excess of one thousand dollars for purposes of the primary or election for
which such committee was formed; (2) a political committee formed solely to aid or
promote the success or defeat of any referendum question until such committee receives
or expends an amount in excess of one thousand dollars; or (3) a party or political
committee organized for ongoing political activities until such committee receives or
expends an amount in excess of one thousand dollars for the calendar year except the
statements required to be filed on the second Thursday in the month of January and on
the seventh day preceding any election shall be so filed. The provisions of this subsection
shall not apply to state central committees or to the statement required to be filed by an
exploratory committee upon its termination. A committee which is exempted from filing
statements under the provisions of this subsection shall file in lieu thereof a statement
sworn under penalty of false statement, indicating that the committee has not received
or expended an amount in excess of one thousand dollars.
(c) Content of statements. (1) Each statement filed under subsection (a), (e) or
(f) of this section shall include, but not be limited to: (A) An itemized accounting of each
contribution, if any, including the full name and complete address of each contributor and
the amount of the contribution; (B) in the case of anonymous contributions, the total
amount received and the denomination of the bills; (C) an itemized accounting of each
expenditure, if any, including the full name and complete address of each payee, including secondary payees whenever the primary or principal payee is known to include
charges which the primary payee has already paid or will pay directly to another person,
vendor or entity, the amount and the purpose of the expenditure, the candidate supported
or opposed by the expenditure, whether the expenditure is made independently of the
candidate supported or is an in-kind contribution to the candidate, and a statement of
the balance on hand or deficit, as the case may be; (D) an itemized accounting of each
expense incurred but not paid, provided if the expense is incurred by use of a credit
card, the accounting shall include secondary payees, and the amount owed to each such
payee; (E) the name and address of any person who is the guarantor of a loan to, or the
cosigner of a note with, the candidate on whose behalf the committee was formed, or
the campaign treasurer in the case of a party committee or a political committee or who
has advanced a security deposit to a telephone company, as defined in section 16-1, for
telecommunications service for a committee; (F) for each business entity or person
purchasing advertising space in a program for a fund-raising affair, the name and address
of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; (G) for each individual who contributes in excess of
one hundred dollars but not more than one thousand dollars, in the aggregate, to the extent
known, the principal occupation of such individual and the name of the individual's
employer, if any; (H) for each individual who contributes in excess of one thousand
dollars in the aggregate, the principal occupation of such individual, the name of the
individual's employer, if any, and a statement indicating whether the individual or a
business with which he is associated has a contract with the state which is valued at
more than five thousand dollars; (I) for each itemized contribution made by a lobbyist,
the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist's
household, a statement to that effect; and (J) for each individual who contributes in
excess of four hundred dollars in the aggregate to or for the benefit of any candidate's
campaign for nomination at a primary or election to the office of chief executive officer
of a town, city or borough, a statement indicating whether the individual or a business
with which he is associated has a contract with said municipality that is valued at more
than five thousand dollars. Each campaign treasurer shall include in such statement (i)
an itemized accounting of the receipts and expenditures relative to any testimonial affair
held under the provisions of section 9-333k or any other fund-raising affair, which is
referred to in subsection (b) of section 9-333b, and (ii) the date, location and a description
of the affair.
(2) Each contributor described in subparagraph (G), (H), (I) or (J) of subdivision
(1) of this subsection shall, at the time the contributor makes such a contribution, provide
the information which the campaign treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, any contributor described in subparagraph (G) of subdivision (1) of this subsection who does not provide such information
at the time the contributor makes such a contribution and any treasurer shall not be
subject to the provisions of subdivision (2) of section 9-7b. If a campaign treasurer
receives a contribution from an individual which separately, or in the aggregate, is in
excess of one thousand dollars and the contributor has not provided the information
required by said subparagraph (H) or if a campaign treasurer receives a contribution
from an individual to or for the benefit of any candidate's campaign for nomination at
a primary or election to the office of chief executive officer of a town, city or borough,
which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph (J), the campaign
treasurer: (i) Within three business days after receiving the contribution, shall send a
request for such information to the contributor by certified mail, return receipt requested;
(ii) shall not deposit the contribution until the campaign treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-333h; and (iii)
shall return the contribution to the contributor if the contributor does not provide the
required information within fourteen days after the treasurer's written request or the
end of the reporting period in which the contribution was received, whichever is later.
Any failure of a contributor to provide the information which the campaign treasurer is
required to include under said subparagraph (G) or (I), which results in noncompliance
by the campaign treasurer with the provisions of said subparagraph (G) or (I), shall be
a complete defense to any action against the campaign treasurer for failure to disclose
such information.
(3) Contributions from a single individual to a campaign treasurer in the aggregate
totaling thirty dollars or less need not be individually identified in the statement, but a
sum representing the total amount of all such contributions made by all such individuals
during the period to be covered by such statement shall be a separate entry, identified
only by the words "total contributions from small contributors".
(4) Statements filed in accordance with this section shall remain public records of
the state for five years from the date such statements are filed.
(d) Duplicate statement for candidate or chairman. Timely filing. At the time
of filing statements required under this section, the campaign treasurer of each candidate
committee shall send to the candidate a duplicate statement and the campaign treasurer of
each party committee and each political committee other than an exploratory committee
shall send to the chairman of the committee a duplicate statement. Each statement required to be filed under this section and subsection (g) of section 9-333l, shall be deemed
to be filed in a timely manner if it is delivered by hand to the office of the proper authority
before four-thirty o'clock p.m. or postmarked by the United States Postal Service before
midnight on the required filing day. If the day for any such filing falls on a Saturday,
Sunday or legal holiday, the statement shall be filed on the next business day thereafter.
(e) Distribution or expenditure from surplus funds. Reporting re deficits.
(1) Notwithstanding any provisions of this chapter to the contrary, in the event of a
surplus the campaign treasurer of a candidate committee or of a political committee,
other than a political committee formed for ongoing political activities or an exploratory
committee, shall distribute or expend such surplus within ninety days after a primary
which results in the defeat of the candidate, an election or referendum not held in November or by January thirty-first following an election or referendum held in November, in
the following manner:
(A) Such committees may distribute their surplus to a party committee, or a political
committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, or distribute such surplus to
any charitable organization which is a tax-exempt organization under Section 501(c)(3)
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended, provided no candidate committee may distribute such surplus to a committee which has been established to finance
future political campaigns of the candidate;
(B) Each such political committee established by an organization which received
its funds from the organization's treasury shall return its surplus to its sponsoring organization;
(C) (i) Each political committee formed solely to aid or promote the success or
defeat of any referendum question, which does not receive contributions from a business
entity or an organization, shall distribute its surplus to a party committee, to a political
committee organized for ongoing political activities, to a national committee of a political party, to all contributors to the committee on a prorated basis of contribution, to state
or municipal governments or agencies or to any organization which is a tax-exempt
organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended, (ii) each political committee formed solely to aid or promote the success
or defeat of any referendum question, which receives contributions from a business
entity or an organization, shall distribute its surplus to all contributors to the committee
on a prorated basis of contribution, to state or municipal governments or agencies, or
to any organization which is tax-exempt under said provisions of the Internal Revenue
Code. Notwithstanding the provisions of this subsection, a committee formed for a
single referendum shall not be required to expend its surplus within ninety days after
the referendum and may continue in existence if a substantially similar referendum
question on the same issue will be submitted to the electorate within six months after
the first referendum. If two or more substantially similar referenda on the same issue
are submitted to the electorate, each no more than six months apart, the committee shall
expend such surplus within ninety days following the date of the last such referendum;
(D) The campaign treasurer of the candidate committee of a candidate who is elected
to office may, upon the authorization of such candidate, expend surplus campaign funds
to pay for the cost of clerical, secretarial or other office expenses necessarily incurred
by such candidate in preparation for taking office; except such surplus shall not be
distributed for the personal benefit of any individual or to any organization; and
(E) The campaign treasurer of a candidate committee, or of a political committee,
other than a political committee formed for ongoing political activities or an exploratory
committee, shall, prior to the dissolution of such committee, either (i) distribute any
equipment purchased, including but not limited to computer equipment, to any recipient
as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased,
including but not limited to computer equipment, to any person for fair market value
and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A).
(2) Notwithstanding any provisions of this chapter to the contrary, the campaign
treasurer of the candidate committee of a candidate who has withdrawn from a primary
or election may, prior to the primary or election, distribute its surplus to any organization
which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or
any subsequent corresponding internal revenue code of the United States, as from time
to time amended, or return such surplus to all contributors to the committee on a prorated
basis of contribution.
(3) Within seven days after such distribution or within seven days after all funds
have been expended in accordance with subparagraph (D) of subdivision (1) of this
subsection, the campaign treasurer shall file a supplemental statement, sworn under
penalty of false statement, with the proper authority, identifying all further contributions
received since the previous statement and explaining how any surplus has been distributed or expended in accordance with this section. No surplus may be distributed or
expended until after the election, primary or referendum.
(4) In the event of a deficit the campaign treasurer shall file a supplemental statement
ninety days after an election, primary or referendum not held in November or on the
seventh calendar day in February, or the next business day if such day is a Saturday,
Sunday or legal holiday, after an election or referendum held in November, with the
proper authority and, thereafter, on the seventh day of each month following if on the
last day of the previous month there was an increase or decrease in the deficit in excess
of five hundred dollars from that reported on the last statement filed. The campaign
treasurer shall file such supplemental statements as required until the deficit is eliminated. If any such committee does not have a surplus or a deficit, the statement required
to be filed within forty-five days following any election or referendum not held in November or on the seventh calendar day in January, or the next business day if such day
is a Saturday, Sunday or legal holiday, following an election or referendum held in
November, or within thirty days following any primary shall be the last required
statement.
(f) Dissolution of exploratory committee. If an exploratory committee has been
established by a candidate pursuant to subsection (c) of section 9-333f, the campaign
treasurer of the committee shall file a notice of intent to dissolve it with the appropriate
authority not later than fifteen days after the candidate's declaration of intent to seek
nomination or election to a particular public office. The campaign treasurer shall also
file a statement identifying all contributions received or expenditures made by the exploratory committee since the previous statement and the balance on hand or deficit, as
the case may be. In the event of a surplus, the campaign treasurer shall, not later than
the filing of the statement, distribute the surplus to the candidate committee established
pursuant to said section, except that in the case of a surplus of an exploratory committee
established for nomination or election to an office other than the General Assembly or
a state office, as defined in subsection (e) of section 9-333l, (1) the campaign treasurer
may only distribute to the candidate committee for nomination or election to the General
Assembly or state office, as so defined, of such candidate that portion of such surplus
which is in excess of the total contributions which the exploratory committee received
from lobbyists or political committees established by lobbyists, during any period in
which the prohibitions in said subsection (e) of section 9-333l apply and (2) any remaining amount shall be returned to all such lobbyists and political committees established by or on behalf of lobbyists, on a prorated basis of contribution, or distributed to
any charitable organization which is a tax-exempt organization under Section 501(c)(3)
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended. If the candidate decides not
to seek nomination or election to any office, the campaign treasurer shall, within fifteen
days after such decision, comply with the provisions of this subsection and distribute
any surplus in the manner provided by this section for political committees other than
those formed for ongoing political activities, except that if the surplus is from an exploratory committee established by the State Treasurer, any portion of the surplus that is
received from a principal of an investment services firm or a political committee established by such firm shall be returned to such principal or committee on a prorated basis
of contribution. In the event of a deficit, the campaign treasurer shall file a statement
thirty days after the decision or declaration with the proper authority and, thereafter, on
the seventh day of each month following if on the last day of the previous month there
was an increase or decrease in such deficit in excess of five hundred dollars from that
reported on the last statement filed. The campaign treasurer shall file supplemental
statements until the deficit is eliminated. If the exploratory committee does not have a
surplus or deficit, the statement filed after the candidate's declaration or decision shall
be the last required statement. As used in this subsection, "principal of an investment
services firm" has the meaning set forth in subsection (f) of section 9-333n.
(P.A. 86-99, S. 11, 34; P.A. 87-161; 87-524, S. 3, 7; 87-576, S. 4, 6; P.A. 88-83, S. 2, 3; P.A. 89-211, S. 17; P.A. 90-267, S. 3; P.A. 91-351, S. 11, 28; 91-407, S. 36, 42; P.A. 92-246, S. 3, 5; P.A. 93-251, S. 3, 5; P.A. 94-143, S. 4, 6; June
18 Sp. Sess. P.A. 97-5, S. 8, 16, 19; P.A. 02-130, S. 18; P.A. 03-223, S. 3-5; 03-241, S. 60, 62; P.A. 04-91, S. 2.)
History: P.A. 87-161 amended Subpara. (A) of Subdiv. (1) of Subsec. (e) to allow committees included under Subdiv.
(1) to distribute their surpluses to tax-exempt charitable organizations; P.A. 87-524, in Subsec. (c), amended Subdiv. (1)
by adding Subpara. (F), re an individual who contributes in excess of one thousand dollars in the aggregate, and Subpara.
(G), re itemized contributions by a lobbyist, added new Subdiv. (2) requiring contributors described in said Subparas. (F)
and (G) to provide required information to campaign treasurer and providing that failure to do so is complete defense to
action against campaign treasurer, and renumbered remaining Subdivs. accordingly; P.A. 87-576 amended Subdiv. (2) of
Subsec. (a) to set forth conditions under which campaign treasurer of candidate committee established by candidate shall
not be required to file any subsequent statement; P.A. 88-83 amended Subsec. (b) to raise the filing threshold for statements
from five hundred dollars or, in the case of a referendum question, from ten cents for each resident of the voting district
or districts, to one thousand dollars; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 90-267
added provisions in Subsec. (f) re distribution of surplus of an exploratory committee established for nomination or election
to an office other than the general assembly; P.A. 91-351 divided Subsec. (a) into Subparas. and added clauses (i) and (ii)
of Subpara. (B) re exceptions to requirement that committees file on seventh day preceding an election, amended Subdiv.
(2) of Subsec. (c) by adding provisions re failure to provide required information in case of contribution in excess of one
thousand dollars, designated former Subpara. (C) of Subdiv. (1) of Subsec. (e) as clause (i) and limited application of
clause (i) to political committee which does not receive contributions from a business entity or an organization and added
clause (ii) re political committee which receives such contributions, added new Subdiv. (2) of Subsec. (e) re distribution
of surplus by candidate who withdraws prior to primary or election and renumbered former Subdivs. (2) and (3) of Subsec.
(e) as (3) and (4); P.A. 91-407 amended Subsec. (c) to require name and address of person who has advanced security
deposit to telephone company to be included in statement; P.A. 92-246 amended Subsec. (c) by inserting new Subpara.
(F) in Subdiv. (1) requiring reporting of purchases of advertising space in a fund-raising affair program and relettered
former Subparas. (F) and (G) accordingly; P.A. 93-251 inserted reference to Subsec. (g) of Sec. 9-333l in Subsec. (d),
effective July 1, 1993; P.A. 94-143 amended Subsec. (e) by adding Subpara. (E) re distribution and sale of purchased
equipment in Subdiv. (1), effective January 1, 1995 and applicable to elections conducted on or after that date; June 18
Sp. Sess. P.A. 97-5 amended Subsec. (c)(1)(C) by requiring statement to include candidate supported or opposed by
expenditure and whether expenditure is independent or in-kind, amended Subsec. (c)(1) by inserting new Subpara. (G) re
reporting of occupation and employer of certain contributors and relettering remaining Subparas. and amended Subsec.
(c)(2) by exempting from Sec. 9-7b(2) any contributor who does not provide information required by Subsec. (c)(1)(G),
effective July 1, 1997, and applicable to elections and primaries held on or after January 1, 1998 and added provisions in
Subsec. (f) re surplus of an exploratory committee established for nomination or election to a state office, effective July
1, 1997; P.A. 02-130 amended Subsec. (f) by adding exception re distribution of surplus from exploratory committee
established by State Treasurer and defining "principal of an investment services firm", effective January 1, 2003, and
applicable to primaries and elections held on or after said date; P.A. 03-223 amended Subsec. (a)(1) to require that January,
April, July and October statements be filed on seventh calendar day of month instead of second Thursday, that statements
be complete as of last day of preceding month, except for statements required to be filed on seventh day preceding election,
primary or referendum and that January candidate committee statement be in lieu of statement formerly required to be
filed within forty-five days following election, and to eliminate exception re period covered by January party or political
committee statement, amended Subsec. (a)(2) to eliminate statement required within forty-five days following election
and to require political committee statement to be filed only after election or referendum "not held in November", amended
Subsec. (c)(1)(F) by eliminating requirement that statement include name of chief executive officer of business entity
purchasing advertising space in fund-raising affair program and further amended Subsec. (c)(1) by adding ", which is
referred to in subsection (b) of section 9-333b, and (ii) the date, location and a description of the affair", amended Subsec.
(e)(1) by applying ninety-day deadline for distribution or expenditure of surplus to an election or referendum "not held in
November" and providing for January thirty-first deadline for election or referendum held in November, and amended
Subsec. (e)(4) by applying ninety and forty-five day deadlines to elections, primaries and referenda "not held in November"
and providing February or January deadlines for elections and referenda held in November, effective July 1, 2003; P.A.
03-241 amended Subsec. (c)(1) by adding Subpara. (J) re disclosure of certain municipal contracts by certain contributors
to candidates for office of chief executive officer of a city, town or borough, amended Subsec. (c)(2) to extend provisions
to contributors and contributions described in Subsec. (c)(1)(J) and made technical changes, and, effective July 1, 2003,
amended Subsec. (e)(1) to allow continuation of committee formed for a single referendum if a substantially similar
referendum question will be submitted to electorate within six months in Subpara. (C) and to make technical changes; P.A.
04-91 amended Subsec. (c)(1)(C) and (D) by adding provisions requiring accounting to include secondary payees, effective
July 1, 2004.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Sec. 9-333k. Party committees; designation as campaign treasurer. Limitation on multiple committees. Fund-raising events and testimonial affairs. (a) The
chairman of each party committee shall designate a campaign treasurer and may designate a deputy campaign treasurer, or in the case of a state central committee, not more
than two deputy campaign treasurers. The campaign treasurer and any deputy campaign
treasurers so designated shall sign a statement accepting the designation, which shall
be filed with the proper authority with the statement of designation required under subdivision (1) of subsection (a) of section 9-333d. No state central committee or town committee shall establish a committee other than a single party committee for purposes of
this chapter. A party committee or a political committee organized for ongoing political
activities shall form no other political committees, except that two or more such committees may join to form a political committee for the purpose of a single fund-raising
event.
(b) As used in this subsection, "testimonial affair" means an affair held in honor of
an individual who holds, or who is or was a candidate for nomination or election to, an
office subject to this chapter. No testimonial affair shall be held without the consent of
such person. No testimonial affair shall be held for a candidate, or for an individual who
holds any such office during the term of such office, except to raise funds on his behalf
for purposes authorized in this chapter. A testimonial affair which is held by an organization duly organized for charitable purposes shall be exempt from the provisions of this
chapter. A testimonial affair which is held for an individual upon his retirement from
public office shall also be exempt from the provisions of this chapter unless a deficit
exists from any such individual's campaigns for election or nomination to an office
subject to this chapter. Any fund-raising affair for any candidate or individual who holds
any such office for any purposes other than those authorized in this chapter shall be
prohibited. Any person who organizes such a fund-raising affair shall be in violation of
this section.
(P.A. 86-99, S. 12, 34; 86-240, S. 5, 12; P.A. 95-144, S. 8; P.A. 96-119, S. 9, 14.)
History: P.A. 86-240 amended Subsec. (a) to permit chairman of state central committee to appoint two deputy campaign
treasurers; P.A. 95-144 amended Subsec. (a) by deleting provision that deputy campaign treasurer or treasurers serve only
in event that campaign treasurer unable to perform his duties; P.A. 96-119 added provisions in Subsec. (a) to require the
designated campaign treasurer and deputy campaign treasurer to sign and file a statement accepting designation, effective
January 1, 1997.