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July 2, 2008 |
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2008-R-0393 |
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Town Committees |
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By: Kristin Sullivan, Associate Analyst |
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You asked (1) for contributions limits to and from town committees, (2) whether the law places restrictions on the legislative candidates to whom town committees may contribute, and (3) whether purchases from town committee ad books are considered contributions. This report partially updates OLR Report 2007-R-0049.
summary
Public Act 05-5, October 25 Special Session (as amended by PA 06-137, PA 07-1, and PA 08-2) established the Citizens' Election Program as a voluntary system of public campaign financing and the Citizens’ Election Fund (CEF) as its funding source. In addition, the act restricted contributions from state contractors and communicator lobbyists and changed certain contribution limits for party committees, political committees (known as PACs), and candidates who do not participate in the program (“nonparticipating candidates”). Candidates who participate are limited to qualifying contributions, personal funds, and state grants as campaign funding sources.
Under prior law, town committees could (1) make unlimited contributions to candidates and other PACs and (2) receive contributions of up to $1,000 from individuals and labor PACs, and unlimited amounts from other PACs. Current law creates or lowers limits on contributions to and from most PACs and party committees, including town committees, and additionally lowers limits on contributions to nonparticipating candidates.
The law does not place restrictions on the legislative candidates to whom town committees may contribute (CGS § 9-617). It allows any town committee to contribute to any nonparticipating legislative candidate within the specified limit (i.e., $5,000 for a candidate for state senate for a primary or election, or $10,000 for both, and $3,000 for a candidate for state representative for a primary or election, or $6,000 for both). This applies regardless of whether the candidate’s district includes the town.
Public Act 05-5, October 25 Special Session retained the contribution exemption for purchases in ad books sponsored by town committees. But since town committees may donate to statewide and legislative candidates’ campaigns, and state contractors and lobbyists are generally banned from contributing to these candidates, the act extended the contractor and lobbyist contribution bans to town committee ad books purchases.
town committee contributions
Prior to PA 05-5, October Special Session town committees could make unlimited contributions to party committees, PACs, and candidate committees. They could similarly receive unlimited contributions from party committees and PACs other than a labor PAC. They could receive contributions up to $1,000 a year from individuals and labor PACs and surplus distributions from candidate committees. By law, candidate committees must distribute residual or surplus funds (1) within 90 days of a primary when a candidate loses, or an election or a referendum not held in November or (2) by January 31st following an election or referendum held in November.
Current law imposes limits on town committee contributions to most PACs and candidate committees. It does not limit their contributions to other party committees, referenda, or federal or out-of-state candidates. (The contribution limits do not apply to candidates in a town committee primary, thus town committees can make unlimited contributions to them (CGS § 9-600).) The law also places limits on contributions to town committees from certain PACs and generally bans them from communicator lobbyists, principals of state, prospective state, and prequalified contractors, their PACs, and their immediate family members. However, it creates an exception for contributions to and by principals who are elected public officials (CGS § 9-612 (g)(4), as amended by PA 08-2). (For more information on prohibitions and exemptions under the contractor and lobbyist contribution and solicitation bans see OLR Report 2008-R-0366.)
Tables 1 and 2 compare the contributions before and after 05-5, October 25 Special Session (as amended by PA 06-137, PA 07-1, and PA 08-2).
Table 1: Contributions from Town Committees
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Recipient |
Prior Law |
Current Law |
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COMMITTEES |
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Exploratory committee (not for state representative) |
unlimited |
$375 |
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Exploratory committee (for state rep or unspecified) |
unlimited |
375 |
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Slate committee (municipal offices) |
unlimited |
1,500 |
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Slate committee (town committee primary) a |
unlimited |
1,500 |
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Town committee |
unlimited |
unlimited |
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State central committee |
unlimited |
unlimited |
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National committee |
unlimited |
unlimited |
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Labor PAC |
unlimited |
1,500/yr |
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Business PAC |
unlimited |
1,500/yr |
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PAC established by two or more individuals |
unlimited |
1,500/yr |
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Legislative caucus or leadership committee |
N/A |
2,000/yr |
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PAC formed for a referendum question |
unlimited |
unlimited |
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Federal or out-of-state candidate committee |
unlimited |
unlimited |
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CANDIDATES (limits apply separately to primaries and elections) |
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Governor |
unlimited |
$7,500 |
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Other statewide races |
unlimited |
5,000 |
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State senator |
unlimited |
5,000 |
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Probate judge |
unlimited |
3,000 |
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State representative |
unlimited |
3,000 |
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Municipal CEO |
unlimited |
3,000 |
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Other municipal offices |
unlimited |
1,500 |
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Town committee candidate (primary only) |
unlimited |
unlimited |
N/A means not applicable since PA 05-5, October 25 Special Session, established legislative caucus and legislative leadership committees.
a Candidates in a primary for town committee members are not subject to contribution limits or restrictions under CGS §§ 9-611 to 9-620
Table 2: Contributions to Town Committees
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Contributor |
Prior Law |
Current Law |
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COMMITTEES |
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Candidate committee |
prohibited (except for surplus distribution) |
prohibited a (except for surplus distribution from certain candidate committees) |
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Town committee |
unlimited |
unlimited |
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State central committee |
unlimited |
unlimited |
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National committee |
unlimited b |
unlimited b |
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Labor PAC |
$1,000/yr |
$1,500/yr |
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Business PAC |
unlimited |
1,500/yr |
Table 2: -Continued-
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Contributor |
Prior Law |
Current Law |
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COMMITTEES |
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PAC established by two or more individuals |
unlimited |
1,500/yr |
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PAC established for a single election |
unlimited |
1,500/yr |
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Legislative caucus or leadership committee |
N/A |
prohibited |
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Communicator lobbyist PAC |
unlimited |
prohibited |
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Principal of a state or prospective state contractor PAC |
unlimited |
prohibited |
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INDIVIDUALS |
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Individual |
$1,000/yr |
$1,000/yr |
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Communicator lobbyist |
1,000/yr |
prohibited |
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Principal of a state, prospective state, or prequalified contractor |
1,000/yr |
prohibited |
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Principal of a state contractor, prospective state contractor, or prequalified contractor who is an elected official |
1,000/yr |
1,000/yr c |
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Executive branch agency official or employee |
1,000/yr |
1,000/yr |
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Constitutional officer agency official or employee |
1,000/yr |
1,000/yr |
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Legislative branch caucus staff |
1,000/yr |
1,000/yr |
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Minor child |
30/yr (less than age 16) |
30/yr (less than age 18) |
N/A means not applicable since PA 05-5, October 25 Special Session, established legislative caucus and legislative leadership committees.
a The law prohibits the following committees from distributing surplus funds to a town committee:(1) participating and nonparticipating candidate committees and (2) candidate committees or slate committees established in connection with a primary for town committee member. Participating candidates must return any surplus to the CEF. Nonparticipating candidates must distribute any surplus to the CEF or a charitable organization (CGS §§ 9-608(e) and 9-616(a)).
b From the federal account only
c While principals who are elected officials may contribute to town committees, they are nonetheless subject to the prohibition on ad book purchases from these committees under CGS § 9-601a(b)(10)(B).
Ad Books
Before Public Act 05-5, October 25 Special Session, individuals and corporations could purchase advertising space in a fundraising program sponsored by a town committee without the purchase counting as a campaign contribution. Individual purchases were limited to an aggregate of $50 and corporations to an aggregate of $250 in a calendar year
Current law maintains these exemptions for most individuals and corporations, subject to the same limitations. However, it prohibits communicator lobbyists and their immediate family members, and principals of state, prospective state, and prequalified contractors (including, by definition, their spouses and dependent children), from purchasing advertising space in a fundraising program sponsored by a town committee. While the law generally exempts principals who are elected officials from the contractor contribution and solicitation ban, these principals are still subject to the ban on ad book purchases from town committees (CGS §§ 9-612(g) and 9-601a (b)(10)(B)).
hyperlinks
OLR Report 2007-R-0049, Town Committees, Ad Books and Slate Committees Before and After Public Financing, http://cgalites/2007/rpt/2007-R-0049.htm, last visited June 27, 2008.
OLR Report 2008-R-0036, Contractor and Lobbyist Campaign Contributions and Solicitations, http://cgalites/2008/rpt/2008-R-0366.htm, last visited June 30, 2008.
KS:ts