Connecticut Seal

General Assembly

Amendment

 

February Session, 2010

LCO No. 4281

   
 

*HB0502104281HDO*

Offered by:

 

REP. SCHOFIELD, 16th Dist.

 

To: Subst. House Bill No. 5021

File No. 224

Cal. No. 138

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (c) of section 9-604 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) (1) The chairman of a political committee formed to support a single candidate for public office shall, not later than seven days after filing a statement of organization with the proper authority under section 9-603, send the candidate a notice, by certified mail, of such filing. If a candidate [(1)] (A) does not, within fourteen days after receiving such notice, disavow such committee, in writing, to the proper authority under section 9-603, or [(2)] (B) disavows such committee within such period, but, at any time before such disavowal, accepts funds from the committee for his campaign, such committee shall be deemed to have been authorized by such candidate and shall constitute a candidate committee for the purposes of this chapter. No candidate shall establish, agree to or assist in establishing, or give his consent or authorization to establishing a committee other than a single candidate committee to promote his candidacy for any public office except that a candidate may establish an exploratory committee. The candidate shall designate on the statement of organization for the exploratory committee the type of office to which the candidate is determining whether to seek nomination or election, as follows: [(A)] (i) The General Assembly, [(B)] (ii) a state office, or [(C)] (iii) any other public office. The candidate may also certify on the statement of organization that the candidate will not be a candidate for the office of state representative. Not later than fifteen days after a public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office, as described in subdivisions (2) to (4), inclusive, of this subsection, the candidate shall form a single candidate committee, except that in the case of a candidate establishing an exploratory committee for purposes including aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the candidate shall form a single candidate committee not later than fifteen days after the date that the campaign treasurer of such exploratory committee is required to file a notice of intent to dissolve the committee under subsection (f) of section 9-608. As used in this subsection, "state office" has the same meaning as provided in subsection (e) of section 9-610.

(2) A public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office shall be in the form of an announcement, made verbally or in writing, by the candidate or an agent of the candidate. In order for the announcement to be such a public declaration, (A) the candidate or agent shall make such announcement to members of the public, and (B) a reasonable person hearing or reading such announcement would determine that the announcement expresses an intention to seek a particular office, as stated in the announcement. If the candidate or agent of the candidate announces the candidate's intention to seek nomination or election to a particular public office to a group comprised only of individuals volunteering their time to the candidate's campaign or committee workers working on behalf of the candidate or immediate family members of the candidate, such announcement shall not be a public declaration by the candidate of the candidate's intention to seek nomination or election to a particular public office.

(3) Notwithstanding the provisions of this subsection, in the case of a candidate attempting to acquire signatures to petition for nomination for elective office pursuant to subpart C of part III of chapter 153, such candidate or an agent of such candidate may announce the candidate's desire to seek a particular office and such announcement shall not constitute a public declaration, provided such announcement is made as part of an effort to acquire the number of signatures required under section 9-453d and such announcement, if in a verbal form, is made directly to a potential signator of the petition, or, if in a written form, consists of literature handed by the candidate or agent to such a potential signator.

(4) Notwithstanding the provisions of this subsection, a declaration by a candidate to a town committee of the candidate's intention to seek nomination or election to a particular public office shall not constitute a public declaration.

Sec. 502. Subsection (f) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) If an exploratory committee has been established by a candidate pursuant to subsection (c) of section 9-604, as amended by this act, the campaign treasurer of the committee shall file a notice of intent to dissolve it with the appropriate authority not later than fifteen days after the candidate's declaration of intent to seek nomination or election to a particular public office, except that in the case of an exploratory committee established by a candidate for purposes that include aiding or promoting the candidate's candidacy for nomination or election to the General Assembly or a state office, the campaign treasurer of the committee shall file such notice of intent to dissolve the committee not later than fifteen days after the earlier of: (1) The candidate's public declaration of intent to seek nomination or election to a particular public office, as described in subsection (c) of section 9-604, as amended by this act, (2) the candidate's endorsement at a convention, caucus or town committee meeting, or (3) the candidate's filing of a candidacy for nomination under section 9-400 or 9-405. The campaign treasurer shall also file a statement identifying all contributions received or expenditures made by the exploratory committee since the previous statement and the balance on hand or deficit, as the case may be. In the event of a surplus, the campaign treasurer shall, not later than the filing of the statement, distribute the surplus to the candidate committee established pursuant to said section, except that (A) in the case of a surplus of an exploratory committee established by a candidate who intends to be a participating candidate, as defined in section 9-703, in the Citizens' Election Program, the campaign treasurer may distribute to the candidate committee only that portion of such surplus that is attributable to contributions that meet the criteria for qualifying contributions for the candidate committee under section 9-704 and shall distribute the remainder of such surplus to the Citizens' Election Fund established in section 9-701, and (B) in the case of a surplus of an exploratory committee established for nomination or election to an office other than the General Assembly or a state office (i) the campaign treasurer may only distribute to the candidate committee for nomination or election to the General Assembly or state office of such candidate that portion of such surplus which is in excess of the total contributions which the exploratory committee received from lobbyists or political committees established by lobbyists, during any period in which the prohibitions in subsection (e) of section 9-610 apply, and (ii) any remaining amount shall be returned to all such lobbyists and political committees established by or on behalf of lobbyists, on a prorated basis of contribution, or distributed to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. If the candidate decides not to seek nomination or election to any office, the campaign treasurer shall, within fifteen days after such decision, comply with the provisions of this subsection and distribute any surplus in the manner provided by this section for political committees other than those formed for ongoing political activities, except that if the surplus is from an exploratory committee established by the State Treasurer, any portion of the surplus that is received from a principal of an investment services firm or a political committee established by such firm shall be returned to such principal or committee on a prorated basis of contribution. In the event of a deficit, the campaign treasurer shall file a statement thirty days after the decision or declaration with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in such deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file supplemental statements until the deficit is eliminated. If the exploratory committee does not have a surplus or deficit, the statement filed after the candidate's declaration or decision shall be the last required statement. If a candidate certifies on the statement of organization for the exploratory committee pursuant to subsection (c) of section 9-604, as amended by this act, that the candidate will not be a candidate for the office of state representative and subsequently establishes a candidate committee for the office of state representative, the campaign treasurer of the candidate committee shall pay to the State Treasurer, for deposit in the General Fund, an amount equal to the portion of any contribution received by said exploratory committee that exceeded two hundred fifty dollars. As used in this subsection, "principal of an investment services firm" has the meaning set forth in subsection (f) of section 9-612 and "state office" has the same meaning set forth in subsection (e) of section 9-610. "