Connecticut Seal

General Assembly

 

Raised Bill No. 5022

February Session, 2010

 

LCO No. 341

 

*00341_______GAE*

Referred to Committee on Government Administration and Elections

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING THE CITIZENS' ELECTION PROGRAM.

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

Section 1. Section 9-705 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) [The] In the case of a primary held in 2010, 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] In the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(2) [The] In the case of an election held in 2010, the qualified candidate committee of a candidate for the office of Governor who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153, shall be eligible to receive a grant from the fund for the general election campaign in the amount of three million dollars. [, provided in] 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] In the case of a primary held in 2010, 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] two hundred fifty thousand dollars. [, provided, in] In the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(2) [The] In the case of an election held in 2010, the qualified candidate committee of a candidate for the office of Attorney General, State Comptroller, Secretary of the State or State Treasurer who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153, shall be eligible to receive a grant from the fund for the general election campaign in the amount of [seven hundred fifty] five hundred thousand dollars. [, provided in] In the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(c) (1) Notwithstanding the provisions of subsections (a) and (b) of this section, 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 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 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 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) Notwithstanding the provisions of subsections (a) and (b) of this section, 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 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 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 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.

(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and 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 supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608, and such candidate received a greater [per cent] percentage of the whole number of votes cast for all candidates for said office at said election than the [per cent] percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:

(A) In the case of any such candidate who receives more than ten per cent, but not more than fifteen per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes that were received by such candidate and ten per cent and the denominator is ten, and (ii) 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) In the case of any such candidate who receives more than fifteen per cent, but less than twenty per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes that were received by such candidate and fifteen per cent and the denominator is five, and (ii) 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.

(C) In the case of any such candidate who receives twenty per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent 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.

[(C)] (D) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent 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.

(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] twenty-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] fifty-four thousand dollars, and (B) in the case of a primary held in [2010] 2012, 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. The names of electors on the inactive registry list compiled under section 9-35 shall not be counted for such purposes.

(2) The qualified candidate committee of a candidate for the office of state senator who has been nominated, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153, shall be eligible to receive a grant from the fund for the general election campaign in the amount of [eighty-five] sixty-one thousand dollars, provided in the case of an election held in [2010] 2012, 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] seven 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] eighteen thousand dollars, and (B) in the case of a primary held in [2010] 2012, 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. The names of electors on the inactive registry list compiled under section 9-35 shall not be counted for such purposes.

(2) The qualified candidate committee of a candidate for the office of state representative who has been nominated, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153, shall be eligible to receive a grant from the fund for the general election campaign in the amount of [twenty-five] eighteen thousand dollars, provided in the case of an election held in [2010] 2012, or thereafter, said amount shall be adjusted under subsection (h) of this section.

(g) (1) Notwithstanding the provisions of subsections (e) and (f) of this section, 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 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 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 candidate for the same office, and (C) in the case of an election held in [2010] 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section.

(2) Notwithstanding the provisions of subsections (e) and (f) of this section, 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 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 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 candidate for the same office, and (C) in the case of an election held in [2010] 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section.

(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and 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 supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608, and such candidate received a greater [per cent] percentage of the whole number of votes cast for all candidates for said office at said election than the [per cent] percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:

(A) In the case of any such candidate who receives more than ten per cent, but less than fifteen per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes that were received by such candidate and ten per cent and the denominator is ten, and (ii) two-thirds of the amount of the general election campaign grant under subsection [(a) or (b)] (e) or (f) of this section for a major party candidate for the same office.

(B) In the case of any such candidate who receives more than fifteen per cent, but less than twenty per cent, of the whole number of votes cast for all candidates for said office at said election, the grant shall be the product of (i) a fraction in which the numerator is the difference between the percentage of such whole number of votes that were received by such candidate and fifteen per cent and the denominator is five, and (ii) one-third of the amount of the general election campaign grant under subsection [(a) or (b)] (e) or (f) of this section for a major party candidate for the same office.

(C) In the case of any such candidate who receives twenty per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent 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.

[(C)] (D) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent of the amount of the general election campaign grant under subsection [(a) or (b)] (e) or (f) of this section for a major party candidate for the same office.

(h) For elections held in [2010] 2012, 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] 2012, 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] 2010, 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 9-710;

(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 9-713, as amended by this act, [or] section 9-714, as amended by this act, or section 3 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 not be eligible, [shall be thirty per cent of the applicable amount set forth in subsections (a) to (i), inclusive; and] to receive a grant. For purposes of this chapter, a participating candidate shall be deemed unopposed unless, in the applicable race, both of the following occur: (A) (i) Any other major party endorses a candidate and makes the requisite filing with the Secretary of the State within the time specified in section 9-391 or 9-400, as applicable, (ii) any candidate of any other major party receives not less than fifteen per cent of the vote of convention delegates and complies with the filing requirements set forth in section 9-400, (iii) any candidate of any other major party circulates a petition and obtains the required number of signatures for filing a candidacy for nomination and either qualifies for the primary or is the party's nominee, or (iv) a minor party candidate is eligible, as defined in subdivision (4) of section 9-700, as amended by this act, or a petitioning party candidate is eligible, as defined in subdivision (5) of said section 9-700, and (B) the opposing candidate is a candidate described in subparagraph (A) of this subdivision and is required, pursuant to the provisions of section 9-604, to file a candidate committee or is exempt from forming a candidate committee under section 9-604, but required to file statements according to the same schedule and in the same manner as required under section 9-608, or is required to have another committee file such report of expenditures on the candidate's behalf; 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 9-704 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.]

(4) If, subsequent to being deemed an unopposed candidate pursuant to subdivision (3) of this subsection, such participating candidate shall no longer qualify as unopposed, and the applicable general election grant that such participating candidate's qualified candidate committee is eligible to receive pursuant to subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any additional contributions raised pursuant to subsection (c) of section 9-702, as amended by this act.

Sec. 2. (NEW) (Effective upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any provision of section 9-705 of the general statutes to be unconstitutional) (a) (1) In the case of a primary held in 2010, 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. In the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(2) In the case of an election held in 2010, the qualified candidate committee of a candidate for the office of Governor who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153 of the general statutes, shall be eligible to receive a grant from the fund for the general election campaign in the amount of three million dollars. In the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(b) (1) In the case of a primary held in 2010, 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 two hundred fifty thousand dollars. In the case of a primary held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(2) In the case of an election held in 2010, the qualified candidate committee of a candidate for the office of Attorney General, State Comptroller, Secretary of the State or State Treasurer who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153 of the general statutes, shall be eligible to receive a grant from the fund for the general election campaign in the amount of five hundred thousand dollars. In the case of an election held in 2014, or thereafter, said amount shall be adjusted under subsection (d) of this section.

(c) (1) Notwithstanding the provisions of subsections (a) and (b) of this section, 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 three 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 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 four 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 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 five 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 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) Notwithstanding the provisions of subsections (a) and (b) of this section, 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 three 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 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 four 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 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 five 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 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.

(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and 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 supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608 of the general statutes, and such candidate received a greater percentage of the whole number of votes cast for all candidates for said office at said election than the percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:

(A) In the case of any such candidate who receives at least four per cent, but not more than five per cent of the whole number of votes cast for all candidates for said office at said election, 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.

(B) In the case of any such candidate who receives five per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent 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.

(C) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent 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.

(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) In the case of a primary held in 2010 or 2011, 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 twenty-five thousand dollars, provided 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 fifty-four thousand dollars. In the case of a primary held in 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section. For the purposes 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) In the case of an election held in 2010 or 2011, the qualified candidate committee of a candidate for the office of state senator who has been nominated, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153 of the general statutes, shall be eligible to receive a grant from the fund for the general election campaign in the amount of sixty-one thousand dollars. In the case of an election held in 2012, or thereafter, said amount shall be adjusted under subsection (h) of this section.

(f) (1) In the case of a primary held in 2010 or 2011, 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 seven thousand dollars, provided 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 eighteen thousand dollars. In the case of a primary held in 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section. For the purposes 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) In the case of an election held in 2010 or 2011, the qualified candidate committee of a candidate for the office of state representative who has been nominated, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153 of the general statutes, shall be eligible to receive a grant from the fund for the general election campaign in the amount of eighteen thousand dollars. In the case of an election held in 2012, or thereafter, said amount shall be adjusted under subsection (h) of this section.

(g) (1) Notwithstanding the provisions of subsections (e) and (f) of this section, 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 three 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 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 four 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 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 five 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 candidate for the same office, and (C) in the case of an election held in 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section.

(2) Notwithstanding the provisions of subsections (e) and (f) of this section, 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 three 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 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 four 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 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 five 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 candidate for the same office, and (C) in the case of an election held in 2012, or thereafter, said amounts shall be adjusted under subsection (h) of this section.

(3) In addition to the provisions of subdivisions (1) and (2) of this subsection, the qualified candidate committee of an eligible petitioning party candidate and 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 supplemental grant from the fund after the general election if the treasurer of such candidate committee reports a deficit in the first statement filed after the general election, pursuant to section 9-608 of the general statutes, and such candidate received a greater percentage of the whole number of votes cast for all candidates for said office at said election than the percentage of votes utilized by such candidate to obtain a general election campaign grant described in subdivision (1) or (2) of this subsection. The amount of such supplemental grant shall be calculated as follows:

(A) In the case of any such candidate who receives at least four per cent, but not more than five per cent of the whole number of votes cast for all candidates for said office at said election, 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.

(B) In the case of any such candidate who receives five per cent or more of the whole number of votes cast for all candidates for said office at said election, the grant shall be the difference between the amount of the general election campaign grant received by any such candidate and one hundred per cent 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.

(C) The sum of the general election campaign grant received by any such candidate and a supplemental grant under this subdivision shall not exceed one hundred per cent 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.

(h) For elections held in 2012, 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, 2012, 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, 2010, 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 9-710 of the general statutes;

(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 9-713 of the general statutes, as amended by this act, section 9-714 of the general statutes, as amended by this act, or section 3 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 qualified candidate committee for said candidate shall not be eligible to receive a grant. For purposes of chapter 157 of the general statutes, a participating candidate shall be deemed unopposed unless, in the applicable race, both of the following occur: (A) (i) Any other major party endorses a candidate and makes the requisite filing with the Secretary of the State within the time specified in section 9-391 or 9-400 of the general statutes, as applicable, (ii) any candidate of any other major party receives not less than fifteen per cent of the vote of convention delegates and complies with the filing requirements set forth in said section 9-400, (iii) any candidate of any other major party circulates a petition and obtains the required number of signatures for filing a candidacy for nomination and either qualifies for the primary or is the party's nominee, or (iv) a minor party candidate is eligible, as defined in subdivision (4) of section 9-700 of the general statutes, as amended by this act, or a petitioning party candidate is eligible, as defined in subdivision (5) of said section 9-700, and (B) the opposing candidate is a candidate described in subparagraph (A) of this subdivision and is required, pursuant to the provisions of section 9-604 of the general statutes, to file a candidate committee or is exempt from forming a candidate committee under said section 9-604, but required to file statements according to the same schedule and in the same manner as required under section 9-608 of the general statutes, or is required to have another committee file such report of expenditures on the candidate's behalf; and

(4) If, subsequent to being deemed an unopposed candidate pursuant to subdivision (3) of this subsection, such participating candidate shall no longer qualify as unopposed and the applicable general election grant that such participating candidate's qualified candidate committee is eligible to receive pursuant to subsections (a) to (i), inclusive, of this section shall be reduced by the amount of any additional contributions raised pursuant to subsection (c) of section 9-702 of the general statutes, as amended by this act.

(k) If the United States Court of Appeals for the Second Circuit affirms any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any provision of section 9-705 of the general statutes, revision of 1958, revised to January 1, 2009, to be unconstitutional, then the provisions of subsections (a) to (j), inclusive, of this section shall be deemed to be operable.

Sec. 3. (NEW) (Effective upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any provision of section 9-713 or 9-714 of the general statutes to be unconstitutional) (a) (1) (A) The qualified candidate committee of a major party candidate for the office of Governor who has a primary for nomination to said office may be eligible, in accordance with the provisions of this subsection and subsection (g) of this section, to receive a supplemental grant from the Citizens' Election Fund for the primary campaign, in addition to a grant received pursuant to subsection (a) of section 2 of this act or subsection (a) of section 9-705 of the general statutes, as amended by this act.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a primary held in 2010, the maximum amount of such supplemental grant shall be six hundred twenty-five thousand dollars. In the case of a primary held in 2014, or thereafter, the maximum amount of such grant shall be adjusted under subsection (c) of this section.

(2) (A) The qualified candidate committee (i) of a candidate for the office of Governor who has been nominated or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153 of the general statutes, and (ii) that received the full grant amount pursuant to subsection (a) or (c) of section 2 of this act or subsection (a) or (c) of section 9-705 of the general statutes, as amended by this act, may be eligible, in accordance with the provisions of this subsection and subsection (g) of this section, to receive a supplemental grant from the fund for the general election campaign, in addition to a grant received pursuant to subsection (a) or (c) of said section 2 or subsection (a) or (c) of said section 9-705.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of an election held in 2010, the maximum amount of such supplemental grant shall be one million five hundred thousand dollars. In the case of an election held in 2014, or thereafter, the maximum amount of such grant shall be adjusted under subsection (c) of this section.

(b) (1) (A) 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 may be eligible, in accordance with the provisions of this subsection and subsection (g) of this section, to receive a supplemental grant from the Citizens' Election Fund for the primary campaign, in addition to a grant received pursuant to subsection (b) of section 2 of this act or subsection (b) of section 9-705 of the general statutes, as amended by this act.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a primary held in 2010, the maximum amount of such supplemental grant shall be one hundred twenty-five thousand dollars. In the case of a primary held in 2014, or thereafter, the maximum amount of such grant shall be adjusted under subsection (c) of this section.

(2) (A) The qualified candidate committee (i) of a candidate for the office of Attorney General, State Comptroller, Secretary of the State or State Treasurer who has been nominated or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153 of the general statutes, and (ii) that received the full grant amount pursuant to subsection (b) or (c) of section 2 of this act or subsection (b) or (c) of section 9-705 of the general statutes, as amended by this act, may be eligible, in accordance with the provisions of this subsection and subsection (g) of this section, to receive a supplemental grant from the Citizens' Election Fund for the general election campaign, in addition to a grant received pursuant to subsection (b) or (c) of said section 2 or subsection (b) or (c) of said section 9-705.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of an election held in 2010, the maximum amount of such supplemental grant shall be two hundred fifty thousand dollars. In the case of a primary held in 2014, or thereafter, the maximum amount of such grant shall be adjusted under subsection (c) of this section.

(c) For elections held in 2014, and thereafter, the maximum amount of the grants in subsections (a) and (b) of this section shall be adjusted by the 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.

(d) (1) (A) The qualified candidate committee of a major party candidate for the office of state senator who has a primary for nomination to said office may be eligible to receive a supplemental grant from the fund for the primary campaign, in addition to the grant received pursuant to subsection (e) of section 2 of this act or subsection (e) of section 9-705 of the general statutes, as amended by this act, in accordance with the provisions of this subsection and subsection (g) of this section, if (i) the candidate is seeking the nomination to an office for which the incumbent holding said office is not seeking reelection to said office, or (ii) for any two of the three primaries for such candidate's political party's nomination for said office immediately prior to such primary, the percentage difference between the two candidates receiving the highest number of whole votes for said nomination was less than ten.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a primary held in 2010 or 2011, the maximum amount of such supplemental grant shall be twelve thousand five hundred dollars, provided 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-seven thousand dollars. In the case of a primary held in 2012, or thereafter, the maximum amount of such grant shall be adjusted under subsection (f) of this section. For the purposes of this subparagraph, 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) (A) The qualified candidate committee (i) of a candidate for the office of state senator who has been nominated or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153 of the general statutes, and (ii) that received the full grant amount pursuant to subsection (e) or (g) of section 2 of this act or subsection (e) or (g) of section 9-705 of the general statutes, as amended by this act, may be eligible to receive a grant from the fund for the general election campaign, in addition to the grant received pursuant to subsection (e) or (g) of said section 2 of this act or subsection (e) or (g) of said section 9-705, in accordance with the provisions of this subsection and subsection (g) of this section, if (I) the candidate is seeking election to an office for which the incumbent holding said office is not seeking reelection to said office, or (II) for any two of the three general elections for said office immediately prior to such election, the percentage difference between the two candidates receiving the highest number of whole votes for said office was less than ten.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a general election held in 2010 or 2011, the maximum amount of such supplemental grant shall be thirty thousand five hundred dollars. In the case of a general election held in 2012, or thereafter, the maximum amount of such grant shall be adjusted under subsection (f) of this section.

(e) (1) (A) The qualified candidate committee of a major party candidate for the office of state representative who has a primary for nomination to said office may be eligible to receive a supplemental grant from the fund for the primary campaign, in addition to the grant received pursuant to subsection (f) of section 2 of this act or subsection (f) of section 9-705 of the general statutes, as amended by this act, in accordance with the provisions of this subsection and subsection (g) of this section, if (i) the candidate is seeking the nomination to an office for which the incumbent holding said office is not seeking reelection to said office, or (ii) for any two of the three primaries for such candidate's political party's nomination for said office immediately prior to such primary, the percentage difference between the two candidates receiving the highest number of whole votes for said nomination was less than ten.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a primary held in 2010 or 2011, the maximum amount of such supplemental grant shall be three thousand five hundred dollars, provided 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 nine thousand dollars. In the case of a primary held in 2012, or thereafter, the maximum amount of such grant shall be adjusted under subsection (f) of this section. For the purposes of this subparagraph, 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) (A) The qualified candidate committee (i) of a candidate for the office of state representative who has been nominated or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153 of the general statutes, and (ii) that received the full grant amount pursuant to subsection (f) or (g) of section 2 of this act or subsection (f) or (g) of section 9-705 of the general statutes, as amended by this act, may be eligible to receive a grant from the fund for the general election campaign, in addition to the grant received pursuant to subsection (e) or (f) of said section 2 or subsection (e) or (f) of said section 9-705, in accordance with the provisions of this subsection and subsection (g) of this section, if (I) the candidate is seeking election to an office for which the incumbent holding said office is not seeking reelection, or (II) for any two of the three general elections for said office prior to such election, the percentage difference between the two candidates receiving the highest number of whole votes for said office was less than ten.

(B) The amount of the grant pursuant to this subdivision shall be determined pursuant to subsection (g) of this section, but in no case shall exceed the maximum amount provided for in this subparagraph. In the case of a general election held in 2010 or 2011, the maximum amount of such supplemental grant shall be nine thousand dollars. In the case of a general election held in 2012, or thereafter, the maximum amount of such grant shall be adjusted under subsection (f) of this section.

(f) For elections held in 2012, and thereafter, the maximum amount of the grants in subsections (d) and (e) of this section shall be adjusted by the commission not later than January 15, 2012, 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, 2010, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.

(g) (1) Any qualified candidate committee described in subsections (a), (b), (d) or (e) of this section is eligible to receive supplemental grants under this section for a primary campaign, if applicable, and a general election campaign if (A) the qualified candidate committee receives the required amount of qualifying contributions under section 9-704 of the general statutes, as amended by this act, for a supplemental grant under this section, (B) the qualified candidate committee returns all contributions that do not meet the criteria for qualifying contributions under said section 9-704, (C) the candidate agrees to limit the campaign expenditures of the candidate's qualified candidate committee in accordance with the provisions of section 9-702 of the general statutes, as amended by this act, and (D) the qualified candidate committee submits an application and the commission approves the application in accordance with the provisions of this section and subsections (a) and (b) of section 9-706 of the general statutes, as amended by this act.

(2) The commission shall review each application in accordance with the provisions of subsection (d) of section 9-706 of the general statutes, as amended by this act. If the commission approves an application of any such qualified candidate committee, the commission shall determine the amount of the supplemental grant payable to the committee to be equal to the amount of contributions received by the committee that qualify as contributions for a supplemental grant under section 9-704 of the general statutes, as amended by this act, but in no case shall the amount of the supplemental grant exceed the maximum amounts provided for in subsections (a) to (f), inclusive, of this section. The commission shall authorize the payment of such grant in accordance with the provisions of subsection (d) of said section 9-706.

(h) Notwithstanding the provisions of subsection (d) or (e) of this section, in the case of a special election for the office of state senator or state representative, the maximum amount of the supplemental grant for a general election campaign shall be seventy-five per cent of the amount authorized under the applicable said subsection (d) or (e).

(i) Notwithstanding the provisions of subsections (a) to (h), inclusive, of this section, if a participating candidate is nominated at a primary and does not expend the entire supplemental grant for the primary campaign authorized under subsection (a), (b), (d) or (e) of this section, the amount of the supplemental grant for the general election campaign shall be reduced by the total amount of any such unexpended primary campaign grant and moneys.

(j) If the United States Court of Appeals for the Second Circuit affirms any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any provision of section 9-713 or 9-714 of the general statutes revision of 1958, revised to January 1, 2009, to be unconstitutional, then this section shall be deemed to be operable.

Sec. 4. Section 9-702 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 December 31, 2006, 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) (1) Any such candidate committee is eligible to receive such grants under section 9-705, as amended by this act, and section 2 of this act for a primary campaign, if applicable, and a general election campaign if [(1)] (A) the candidate certifies as a participating candidate under section 9-703, [(2)] (B) the candidate's candidate committee receives the required amount of qualifying contributions under section 9-704, as amended by this act, [(3)] (C) the candidate's candidate committee returns or transmits to the commission for deposit in the Citizens' Election Fund all contributions that do not meet the criteria for qualifying contributions under said section 9-704, [(4)] (D) 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)] (E) the candidate submits an application and the commission approves the application in accordance with the provisions of section 9-706, as amended by this act.

(2) After receiving a grant under section 9-705, as amended by this act, or section 2 of this act, certain qualified candidate committees may then qualify for a supplemental grant under sections 9-713 and 9-714, as amended by this act, and section 3 of this act, provided said section 3 is in effect.

(c) (1) 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 [9-705] 9-704, as amended by this act, and any personal funds provided by the candidate under subsection (c) of section 9-710, (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 9-705, as amended by this act, and (iii) the amount of any additional moneys for the primary campaign authorized under [section 9-713 or 9-714] sections 9-713 and 9-714, as amended by this act, and section 3 of this act, and the amount of any additional contributions under subdivision (3) of this subsection, 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 9-705, as amended by this act or section 2 of this act or from any additional moneys for a primary campaign authorized under [section 9-713 or 9-714] sections 9-713 and 9-714, as amended by this act and section 3 of this act, (iii) the amount of the grant for the general election campaign authorized under section 9-705, as amended by this act, [and] (iv) the amount of any additional moneys for the general election campaign authorized under [section 9-713 or 9-714] sections 9-713 and 9-714, as amended by this act, and section 3 of this act, and (v) the amount of any additional contributions under subdivision (3) of this subsection.

(2) The candidate committee of a minor or petitioning party candidate who has received a general election campaign grant from the fund pursuant to section 9-705, as amended by this act, or section 2 of this act, or an unopposed candidate who is deemed ineligible to receive a general election grant pursuant to subdivision (3) of subsection (j) of section 9-705, as amended by this act, shall be permitted to receive contributions in addition to the qualifying contributions subject to the limitations and restrictions applicable to participating candidates for the same office, provided (A) such minor or petitioning party candidate shall limit the expenditures of the candidate committee for a general election campaign to the sum of the qualifying contributions and personal funds, (i) the amount of the general election campaign grant received, and (ii) the amount raised in additional contributions that is equivalent to the difference between the amount of the applicable general election campaign grant for a major party candidate for such office and the amount of the general election campaign grant received by such minor or petitioning party candidate, (B) such unopposed candidate shall limit the expenditures of the candidate committee for a general election campaign to the sum of (i) the qualifying contributions and personal funds, and (ii) additional contributions not to exceed thirty per cent of the applicable general election campaign grant, as set forth in subsections (a) to (i), inclusive, of section 9-705, as amended by this act, or subsections (a) to (i), inclusive, of section 2 of this act, and (C) if, subsequent to being deemed an unopposed candidate pursuant to subdivision (3) of subsection (j) of section 9-705, as amended by this act, or subdivision (3) of subsection (j) of section 2 of this act, such participating candidate is deemed opposed and such candidate's qualified candidate committee receives a general election grant, such candidate shall limit the expenditures of the candidate committee for a general election campaign to the sum of (I) the qualifying contributions and personal funds, (II) additional contributions not to exceed thirty per cent of the applicable general election campaign grant, as set forth in subsections (a) to (i), inclusive, of said section 9-705, and subsections (a) to (i), inclusive, of said section 2 of this act, and (III) the applicable general election campaign grant, as described in subdivision (4) of subsection (j) of said section 9-705, or subdivision (4) of subsection (j) of said section 2.

(3) After qualifying for a grant under section 9-705, as amended by this act, or section 2 of this act, a qualified candidate committee that is eligible to receive a grant under section 3 of this act, provided said section 3 is in effect, regardless of whether such candidate committee satisfies application deadlines under section 9-706, as amended by this act, may receive additional contributions to qualify for a grant under said section 3 subject to the limitations and restrictions under section 9-704, as amended by this act. The amount raised in additional contributions to qualify for a grant under said section 3 shall not exceed an amount that is the equivalent to the maximum amount of the applicable grant that such qualified candidate committee would be eligible for if such qualified candidate committee received the maximum grant amount under said section 3.

(d) For the purposes of sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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. 5. Section 9-704 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 under section 9-705, as amended by this act, or section 2 of this act 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 9-709, 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) The maximum amount of qualifying contributions that a qualified candidate committee described in subsection (a), (b), (d) or (e) of section 3 of this act, provided said section 3 is in effect, shall be required to receive in order to be eligible for supplemental grants from the Citizens' Election Fund under said section 3 shall be:

(1) (A) In the case of a qualified candidate committee of a major party candidate for the office of Governor who has a primary for nomination to said office, contributions from individuals in an aggregate amount not to exceed six hundred twenty-five thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the state. The qualified 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.

(B) In the case of a qualified candidate committee of a candidate for the office of Governor who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153, contributions from individuals in an aggregate amount not to exceed one million five hundred thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the state. The qualified 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.

(2) (A) In the case of a 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, contributions from individuals in an aggregate amount not to exceed one hundred twenty-five thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the state. The qualified 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.

(B) In the case of qualified candidate committee of a candidate for the office of Attorney General, State Comptroller, Secretary of the State or State Treasurer who has been nominated, or who has qualified to appear on the election ballot in accordance with the provisions of subpart C of part III of chapter 153, contributions from individuals in an aggregate amount not to exceed two hundred fifty thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the state. The qualified 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.

(3) (A) In the case of a qualified candidate committee of a major party candidate for the office of state senator who has a primary for nomination to said office for a district, contributions from individuals in an aggregate amount not to exceed ____ dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the municipalities included, in whole or in part, in said district. The qualified 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) In the case of a qualified candidate committee of a candidate for the office of state senator who has been nominated to said office for a district, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153, contributions from individuals in an aggregate amount not to exceed thirty-three thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the municipalities included, in whole or in part, in said district. The qualified 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.

(4) (A) In the case of a qualified candidate committee of a major party candidate for the office of state representative who has a primary for nomination to said office for a district, contributions from individuals in an aggregate amount not to exceed ____ dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the municipalities included, in whole or in part, in said district. The qualified 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) In the case of a qualified candidate committee of a candidate for the office of state representative who has been nominated to said office for a district, or has qualified to appear on the election ballot in accordance with subpart C of part III of chapter 153, contributions from individuals in an aggregate amount not to exceed nine thousand dollars, of which seventy-five per cent of the aggregate amount or more is contributed by individuals residing in the municipalities included, in whole or in part, in said district. The qualified 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.

(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, 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 under section 3 of this act shall not exceed seventy-five per cent of the corresponding amount required under the applicable said subdivision (3) or (4).

[(b)] (c) 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 contains the same information described in subdivision (3) of subsection (c) of section 9-608 and shall follow the same procedure prescribed in said subsection.

[(c)] (d) The following shall not be deemed to be qualifying contributions under subsection (a) or (b) of this section and shall be returned by the campaign treasurer of the candidate committee to the contributor or transmitted to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund:

(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 less than five dollars, and 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) or subdivision (1) or (2) of subsection (b) 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) or (b) of this section.

[(d)] (e) (1) After a candidate committee receives the applicable aggregate amount of qualifying contributions under subsection (a) or (b) 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, except as provided for in subdivision (2) of this subsection.

(2) If a qualified candidate committee is eligible for a supplemental grant under section 3 of this act, provided said section 3 is in effect, the qualified candidate committee may use any additional contributions up to twenty per cent more than the applicable aggregate amount of qualifying contributions under subsection (a) of this section, as qualifying contributions under subsection (b) of this section. If a qualified candidate committee is eligible for a supplemental grant under said section 3, provided said section 3 is in effect, for a primary campaign, the qualified candidate committee may use any additional contributions up to twenty per cent more than the applicable aggregate amount of qualifying contributions required to receive the grant that the committee received for the primary, as qualifying contributions for a supplemental grant for the qualified candidate committee for the general election.

(f) Any individual making a qualifying contribution to a candidate committee for a candidate in an amount that does not exceed one hundred dollars under subsection (a) of this section, may make an additional qualifying contribution in an amount not to exceed one hundred dollars to the qualified candidate committee for such candidate under subsection (b) of this section for a supplemental grant for a primary campaign, if applicable, and again for a general election campaign.

[(e)] (g) As used in this section, (1) "communicator lobbyist" has the same meaning as provided in section 1-91, (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 9-612.

Sec. 6. Section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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, 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, or (ii) the municipal office of state senator or state representative, pursuant to section 9-406, whichever is applicable. The State Elections Enforcement Commission shall make any such grants to participating candidates in accordance with the provisions of subsections (d) to (g), inclusive, of this section.

(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, 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 or a candidacy with the Secretary of the State in accordance with the provisions of section 9-400, 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, (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 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 or a candidacy with the Secretary of the State in accordance with the provisions of section 9-400, 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 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;

(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;

(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; 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.

(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 9-703, as amended by 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 9-710;

(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 9-704, as amended by this act, and transmitted all excess qualifying contributions to the Citizens' Election Fund, except as provide for under subsection (d) of said section 9-704;

(5) The campaign treasurer of the candidate committee will: (A) Comply with the provisions of chapters 155 and 157, and (B) maintain and furnish all records required pursuant to chapters 155 and 157 and any regulation adopted pursuant to such chapters;

(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 9-607 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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 applicable application deadline contained in subsection (g) of this section. 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 9-608. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.

(d) In accordance with the provisions of subsection (g) of this section, 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, (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 9-705, as amended by this act, or section 2 or 3 of this act, from the fund, and notify the State Comptroller and the candidate of such candidate committee, of such amount. If the timing of the commission's approval of the grant in relation to the Secretary of the State's determination of ballot status is such that the commission cannot determine whether the qualified candidate committee is entitled to the applicable full initial grant for the primary or election or the applicable partial grant for the primary or election, as the case may be, the commission shall approve the lesser applicable partial initial grant. The commission shall then authorize the payment of the remaining portion of the applicable grant after the commission has knowledge of the circumstances regarding the ballot status of the opposing candidates in such primary or election. 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 any such approved 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, on permissible expenditures under subsection (g) of section 9-607 for qualified candidate committees receiving grants from the fund under sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 shall be eligible to receive grants from the fund without complying with the provisions of section 9-704, as amended by this act, if said replacement candidate files an affidavit under section 9-703, as amended by this act, certifying the candidate's intent to abide by the expenditure limits set forth in subsection (c) of section 9-702, as amended by this act, and notifies the commission on a form prescribed by the commission.

(g) (1) (A) Any application submitted pursuant to this section for a primary or general election shall be submitted in accordance with the [following schedule: (A) By five o'clock p.m. on the third Thursday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election, or (B) by five o'clock p.m. on any subsequent Thursday of such year, provided no application shall be accepted by the commission after five o'clock p.m. on or after the fourth to last Friday prior to the primary or election at which such participating candidate will seek nomination or election] schedules provided for in subparagraph (B) of this subdivision. Not later than (i) four business days following any [such] Thursday or Friday, as applicable, as described in said subparagraph (B), or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as is practicable, the commission shall review any application from a participating candidate seeking nomination or election to the office of state senator or state representative, or (ii) ten business days following any such Thursday or Friday, as applicable, from participating candidates seeking nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, received by such Thursday or Friday, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such initial application that is approved, any disbursement of funds shall be made not later than twelve business days prior to any such primary or general election. From the third week of June in even-numbered years until the third week in July, the commission shall meet twice weekly to determine whether or not to approve applications for grants if there are pending grant applications.

(B) (i) An applicant seeking a grant for a primary campaign under section 9-705, as amended by this act, or section 2 of this act, or a supplemental grant for a primary campaign under section 3 of this act shall apply as follows:

(I) By five o'clock p.m. on the third Thursday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election.

(II) By five o'clock p.m. on any subsequent Thursday of such year, provided no application shall be accepted by the commission after five o'clock p.m. on or after the fourth to last Friday prior to the primary at which such participating candidate will seek nomination.

(III) Notwithstanding the provisions of this subparagraph concerning applications for grants for a primary campaign, on the seventh to last Thursday before the primary, the commission shall only accept initial and supplemental grant applications for candidates seeking nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, and supplemental submissions for applications continued without prejudice for candidates seeking nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative, and on the third to last Thursday before the primary, the commission shall accept only applications for supplemental grants under section 3 of this act for candidates seeking nomination to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative.

(ii) An applicant seeking a grant for a general election campaign under section 9-705, as amended by this act, or section 2 of this act, or a supplemental grant for a general election campaign under section 3 of this act shall apply as follows:

(I) By five o'clock p.m. on the third Thursday in May of the year that the election will be held in which such participating candidate will seek election.

(II) By five o'clock p.m. on any subsequent Thursday of such year provided no application shall be accepted by the commission after five o'clock p.m. on or after the fifth to last Thursday prior to the election at which such participating candidate will seek election in the case of an applicant seeking a grant under section 9-705, as amended by this act, or section 2 of this act and no application shall be accepted by the commission after five o'clock p.m. on or after the third to last Thursday prior to the election at which such participating candidate will seek election in the case of an applicant seeking a supplemental grant under section 3 of this act.

(III) Notwithstanding the provisions of this section concerning applications for grants of a general election campaign, on the ninth to last Thursday before the election, on the fourth to last Thursday before the election, and on the third to last Thursday before the election, the commission shall accept only applications for supplemental grants under section 3 of this act and supplemental submissions for applications continued without prejudice for candidates seeking election to the office of Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, no application for a special election shall be accepted by the commission after five o'clock p.m. on or after ten business days prior to the special election at which such participating candidate will seek election. Not later than three business days following such deadline, or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as practicable, the commission shall review any such application received by such deadline, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of funds shall be made not later than seven business days prior to any such special election.

(3) The commission shall publish such application review schedules and meeting schedules on the commission's web site and with the Secretary of the State.

Sec. 7. Section 9-700 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-604.

(3) "District office" has the same meaning as provided in section 9-372.

(4) "Eligible minor party candidate" means a candidate for election to an office who is nominated by a minor party pursuant to subpart B of part III of chapter 153.

(5) "Eligible petitioning party candidate" means a candidate for election to an office pursuant to subpart C of part III of chapter 153 whose nominating petition has been approved by the Secretary of the State pursuant to section 9-453o.

(6) "Fund" means the Citizens' Election Fund established in section 9-701.

(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 9-608, 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 9-608.

(8) "Major party" has the same meaning as provided in section 9-372.

(9) "Minor party" has the same meaning as provided in section 9-372.

(10) "Municipal office" has the same meaning as provided in section 9-372.

(11) "Primary campaign" means the period beginning on the day following the close of (A) a convention held pursuant to section 9-382 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 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 9-706.

Sec. 8. Section 9-701 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

There is established the "Citizens' Election Fund", which shall be a separate, nonlapsing account within the General 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. All moneys deposited in the fund shall be used for the purposes of sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 of this act.

Sec. 9. Section 9-703 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 9-702, as amended by 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 9-607 and regulations adopted by the State Elections Enforcement Commission under subsection (e) of section 9-706, as amended by 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 9-607 and said regulations, (3) that the candidate and the campaign treasurer shall comply with the provisions of subdivision (1) of subsection (a) of section 9-711, as amended by 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 twenty-fifth day before the day of a primary, if applicable, or 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 9-702, as amended by this act, shall be referred to in sections 9-700 to 9-716, inclusive, as amended by 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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-706, as amended by 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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-706, as amended by this act.

Sec. 10. Section 9-707 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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 under section 9-705, as amended by this act, or section 2 of this act and sections 9-713 and 9-714, as amended by this act, and section 3 of this act, and (2) [any additional moneys from the fund as provided in sections 9-713 and 9-714] any qualifying contributions received in accordance with the provisions of subdivision (3) of subsection (c) of section 9-702, as amended by this act.

Sec. 11. Section 9-708 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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, unless such candidate does not have an opponent in the 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 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 9-705, as amended by this act, or section 2 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. 12. Subsection (a) of section 9-711 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) If an expenditure in excess of the applicable expenditure limit set forth in subsection (c) of section 9-702, as amended by this act, is made or incurred by a qualified candidate committee that receives a grant from the Citizens' Election Fund pursuant to section 9-706, as amended by 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, and (4) the candidate of said candidate committee shall be deemed to be a nonparticipating candidate for the purposes of sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 minimis. The commission shall adopt regulations, in accordance with the provisions of chapter 54, 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.

Sec. 13. Subsection (b) of section 9-712 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) As used in this section and section 9-713, as amended by this act, "excess expenditure" means an expenditure made, or obligated to be made, by a nonparticipating or 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 amount of the applicable limit on expenditures for said participating candidates for said campaign and which is the sum of (A) the applicable qualifying contributions that the participating candidate is required to receive under section 9-704, as amended by this act, to be eligible for grants from the Citizens' Election Fund, and (B) one hundred per cent of the applicable full grant amount for a major party candidate authorized under section 9-705, as amended by this act, or section 2 of this act for the applicable campaign period.

(2) The commission shall confirm whether an expenditure described in a declaration filed under this subsection is an excess expenditure.

Sec. 14. Subsection (e) of section 9-713 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 9-704, as amended by 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 9-705, as amended by this act, or section 2 of this act, the State Elections Enforcement Commission shall immediately notify the State Comptroller and said participating candidates and shall process a voucher equal to the amount of such excess expenditure utilizing the State Comptroller's accounting system. Any such voucher shall be processed by the commission not later than two business days after its determination that said [nonparticipating] participating candidate has made, or incurred the obligation to make, an expenditure or expenditures in such excess amounts. The State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the expenditures of the nonparticipating candidate or upon request for review by said participating candidate. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection. No participating candidate shall receive more than one payment of moneys under this section for any campaign. Notwithstanding the provisions of this subsection, if the State Comptroller receives a notice described in this subsection from the State Elections Enforcement Commission within the seven-day period preceding a primary or an election or if such additional moneys are held in escrow within the Citizens' Election Fund for the benefit of the candidate committee of any such participating candidate on the seventh day prior to the day of a primary or an election, the State Comptroller (A) shall not hold any such additional moneys in escrow within the Citizens' Election Fund, and (B) shall immediately pay such additional moneys to the candidate committee of each such participating candidate.

Sec. 15. Subsection (g) of section 9-713 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 9-705, as amended by this act, or section 2 of this act for said participating candidate for the campaign, whichever is less.

Sec. 16. Section 9-714 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Elections Enforcement Commission, (1) upon the receipt of a report under subsection (e) of section 9-612 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 9-705, as amended by this act, or section 2 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 9-612 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 9-705, as amended by this act, or section 2 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 9-705, as amended by this act, or section 2 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. 17. Subsections (a) and (b) of section 9-716 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-706, as amended by this act, by multiplying such percentage by the amount that such committee would have been entitled to receive under sections 9-700 to 9-716, inclusive, as amended by this act, and sections 2 and 3 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 9-706, as amended by 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 9-704, as amended by 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.

Sec. 18. Section 9-717 of the general statutes is repealed. (Effective from passage)

Sec. 19. Section 9-713 of the general statutes is repealed. (Effective upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any of the provisions of section 9-713 of the general statutes to be unconstitutional)

Sec. 20. Section 9-714 of the general statutes is repealed. (Effective upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any of the provisions of section 9-714 of the general statutes to be unconstitutional)

Sec. 21. Section 9-705 of the general statutes is repealed. (Effective upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391), Green Party of Connecticut v. Garfield, that declares any provision of section 9-705 of the general statutes to be unconstitutional)

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

9-705

Sec. 2

upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391

New section

Sec. 3

upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391

New section

Sec. 4

from passage

9-702

Sec. 5

from passage

9-704

Sec. 6

from passage

9-706

Sec. 7

from passage

9-700

Sec. 8

from passage

9-701

Sec. 9

from passage

9-703

Sec. 10

from passage

9-707

Sec. 11

from passage

9-708

Sec. 12

from passage

9-711(a)

Sec. 13

from passage

9-712(b)

Sec. 14

from passage

9-713(e)

Sec. 15

from passage

9-713(g)

Sec. 16

from passage

9-714

Sec. 17

from passage

9-716(a) and (b)

Sec. 18

from passage

Repealer section

Sec. 19

upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391

Repealer section

Sec. 20

upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391

Repealer section

Sec. 21

upon affirmation by the United States Court of Appeals for the Second Circuit of any part of the judgment entered on September 2, 2009, (Docket #391

Repealer section

Statement of Purpose:

To amend the Citizens' Election Program to reduce grant amounts, eliminate grants for unopposed candidates, make technical changes, and contingent upon a ruling by the United States Court of Appeals for the Second Circuit, to reduce qualifying thresholds for minor party candidates and petitioning candidates and to replace the supplemental grants with a new supplemental grant available only to certain candidates.

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