Senate Bill No. 1062
Senate Bill No. 1062
PUBLIC ACT NO. 95-276
AN ACT CONCERNING PERMISSIBLE CAMPAIGN
EXPENDITURES BY COMMITTEES AND ATTRIBUTION ON
POLITICAL ADVERTISING.
Section 1. Subsection (g) of section 9-333i
of the general statutes is repealed and the
following is substituted in lieu thereof:
(g) (1) AS USED IN THIS SUBSECTION, (A) "THE
LAWFUL PURPOSES OF HIS COMMITTEE" MEANS: (i) FOR A
CANDIDATE COMMITTEE OR EXPLORATORY COMMITTEE, THE
PROMOTING OF THE NOMINATION OR ELECTION OF THE
CANDIDATE WHO ESTABLISHED THE COMMITTEE; (ii) FOR
A POLITICAL COMMITTEE, THE PROMOTING OF THE
SUCCESS OR DEFEAT OF CANDIDATES FOR NOMINATION AND
ELECTION TO PUBLIC OFFICE OR POSITION SUBJECT TO
THE REQUIREMENTS OF THIS CHAPTER, OR THE SUCCESS
OR DEFEAT OF REFERENDUM QUESTIONS, PROVIDED A
POLITICAL COMMITTEE FORMED FOR A SINGLE REFERENDUM
QUESTION SHALL NOT PROMOTE THE SUCCESS OR DEFEAT
OF ANY CANDIDATE, AND PROVIDED FURTHER A POLITICAL
COMMITTEE DESIGNATED BY THE MAJORITY OF THE
MEMBERS OF A POLITICAL PARTY WHO ARE ALSO MEMBERS
OF THE STATE HOUSE OF REPRESENTATIVES OR THE STATE
SENATE MAY EXPEND FUNDS TO DEFRAY COSTS OF ITS
MEMBERS FOR CONDUCTING LEGISLATIVE OR
CONSTITUENCY-RELATED BUSINESS WHICH ARE NOT
REIMBURSED OR PAID BY THE STATE; AND (iii) FOR A
PARTY COMMITTEE, THE PROMOTING OF THE PARTY, THE
CANDIDATES OF THE PARTY AND CONTINUING OPERATING
COSTS OF THE PARTY, AND (B) "IMMEDIATE FAMILY"
MEANS A SPOUSE OR DEPENDENT CHILD OF A CANDIDATE
WHO RESIDES IN THE CANDIDATE'S HOUSEHOLD.
(2) Unless otherwise provided by this chapter,
any campaign treasurer, in accomplishing the
lawful purposes of his committee, [(1)] may pay
the expenses of: [(A) Hiring public halls and
music for political meetings, of furnishing music,
uniforms, banners or fireworks for political clubs
or public parades, and of advertising such
meetings or parades; (B) printing and circulating
political communications; (C) printing and
distributing sample ballots or ballot labels; (D)
renting or leasing rooms, office space and any
ordinary and necessary equipment to be used by the
committees or their workers] (A) ADVERTISING IN
ELECTRONIC AND PRINT MEDIA; (B) ANY OTHER FORM OF
PRINTED ADVERTISING OR COMMUNICATIONS INCLUDING
"THANK YOU" ADVERTISING AFTER THE ELECTION; (C)
CAMPAIGN ITEMS, INCLUDING, BUT NOT LIMITED TO,
BROCHURES, LEAFLETS, FLYERS, INVITATIONS,
STATIONERY, ENVELOPES, REPLY CARDS, RETURN
ENVELOPES, CAMPAIGN BUSINESS CARDS, DIRECT
MAILINGS, POSTCARDS, PALM CARDS, "THANK YOU"
NOTES, SAMPLE BALLOTS AND OTHER SIMILAR ITEMS; (D)
POLITICAL BANNERS AND BILLBOARDS; (E) POLITICAL
PARAPHERNALIA, WHICH IS CUSTOMARILY GIVEN OR SOLD
TO SUPPORTERS INCLUDING, BUT NOT LIMITED TO,
CAMPAIGN BUTTONS, STICKERS, PINS, PENCILS, PENS,
MATCHBOOKS, BALLOONS, PADS, CALENDARS, MAGNETS,
KEY CHAINS, HATS, TEE SHIRTS, SWEATSHIRTS,
FRISBEES, POT HOLDERS, JAR OPENERS AND OTHER
SIMILAR ITEMS; (F) PURCHASING OFFICE SUPPLIES FOR
CAMPAIGN OR POLITICAL PURPOSES, CAMPAIGN
PHOTOGRAPHS, RAFFLE OR OTHER FUND-RAISING PERMITS
REQUIRED BY LAW, FUND-RAISER PRIZES, POSTAGE,
EXPRESS MAIL DELIVERY SERVICES, BULK MAIL PERMITS,
AND COMPUTER SUPPLIES AND SERVICES; (G) BANKING
SERVICE CHARGES TO MAINTAIN CAMPAIGN AND POLITICAL
ACCOUNTS; (H) SUBSCRIPTIONS TO NEWSPAPERS AND
PERIODICALS WHICH ENHANCE THE CANDIDACY OF THE
CANDIDATE OR PARTY; (I) LEASE OR RENTAL OF OFFICE
SPACE FOR CAMPAIGN OR POLITICAL PURPOSES AND
EXPENSES IN CONNECTION THEREWITH INCLUDING, BUT
NOT LIMITED TO, FURNITURE, PARKING, STORAGE SPACE,
UTILITIES AND MAINTENANCE, PROVIDED A PARTY
COMMITTEE OR POLITICAL COMMITTEE ORGANIZED FOR
ONGOING POLITICAL ACTIVITIES MAY PURCHASE SUCH
OFFICE SPACE; (J) LEASE OR RENTAL OF VEHICLES FOR
CAMPAIGN USE ONLY; (K) LEASE, RENTAL OR USE
CHARGES OF ANY ORDINARY AND NECESSARY CAMPAIGN
OFFICE EQUIPMENT INCLUDING, BUT NOT LIMITED TO,
COPY MACHINES, TELEPHONES, POSTAGE METERS,
FACSIMILE MACHINES, COMPUTER HARDWARE, SOFTWARE
AND PRINTERS, provided a party committee or
political committee organized for ongoing
political activities may purchase [such space or]
OFFICE equipment, and provided further that a
candidate committee or a political committee,
other than a political committee formed for
ongoing political activities or an exploratory
committee, may purchase computer equipment; [(E)
reasonable compensation for public speakers and
persons employed by the committee, and furnishing
reasonable entertainment to such persons and to
members of committees; (F) travel of candidates
and committee workers in connection with any
business which is necessary and proper to
accomplish the lawful purposes of their committees
and public speakers; (G) necessary postage,
telegrams, telephoning, printing and express
charges; (H) preparing, circulating and filing
petitions for nomination; (I) transporting
electors to the polls; (J) purchasing radio and
television time and advertisements in any other
communication media; (K) necessary fees for
professional services; (L) conducting polls
concerning any political party, issue, candidate
or individual; (M) purchasing supplies for
political purposes and (2) may pay] (L)
COMPENSATION FOR CAMPAIGN OR COMMITTEE STAFF,
FRINGE BENEFITS AND PAYROLL TAXES, PROVIDED THE
CANDIDATE AND ANY MEMBER OF HIS IMMEDIATE FAMILY
SHALL NOT RECEIVE COMPENSATION; (M) TRAVEL, MEALS
AND LODGING EXPENSES OF SPEAKERS, CAMPAIGN OR
COMMITTEE WORKERS, THE CANDIDATE AND THE
CANDIDATE'S SPOUSE FOR POLITICAL AND CAMPAIGN
PURPOSES; (N) FUND RAISING; (O) REIMBURSEMENTS TO
CANDIDATES AND CAMPAIGN OR COMMITTEE WORKERS MADE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION
9-333i FOR CAMPAIGN-RELATED EXPENSES FOR WHICH A
RECEIPT IS RECEIVED BY THE CAMPAIGN TREASURER; (P)
CAMPAIGN OR COMMITTEE SERVICES OF ATTORNEYS,
ACCOUNTANTS, CONSULTANTS OR OTHER PROFESSIONAL
PERSONS FOR CAMPAIGN ACTIVITIES, OBTAINING OR
CONTESTING BALLOT STATUS, NOMINATION, OR ELECTION,
AND COMPLIANCE WITH THIS CHAPTER; (Q) PURCHASING
CAMPAIGN FINANCE REPORTS; (R) REPAYING PERMISSIBLE
CAMPAIGN LOANS MADE TO THE COMMITTEE THAT ARE
PROPERLY REPORTED AND REFUNDING CONTRIBUTIONS
RECEIVED FROM AN IMPERMISSIBLE SOURCE OR IN EXCESS
OF THE LIMITATIONS SET FORTH IN THIS CHAPTER; (S)
CONDUCTING POLLS CONCERNING ANY POLITICAL PARTY,
ISSUE, CANDIDATE OR INDIVIDUAL; (T) GIFTS TO
CAMPAIGN OR COMMITTEE WORKERS OR PURCHASING
FLOWERS OR OTHER COMMEMORATIVE ITEMS FOR POLITICAL
PURPOSES NOT TO EXCEED FIFTY DOLLARS TO ANY ONE
RECIPIENT IN A CALENDAR YEAR OR FOR THE CAMPAIGN,
AS THE CASE MAY BE; (U) PURCHASING TICKETS OR
ADVERTISING FROM CHARITIES, INAUGURAL COMMITTEES,
OR OTHER CIVIC ORGANIZATIONS IF FOR A POLITICAL
PURPOSE, FOR ANY CANDIDATE, A CANDIDATE'S SPOUSE,
A MEMBER OF A CANDIDATE'S CAMPAIGN STAFF, OR
MEMBERS OF COMMITTEES; (V) THE INAUGURATION OF AN
ELECTED CANDIDATE BY THAT CANDIDATE'S CANDIDATE
COMMITTEE; (W) HIRING OF HALLS, ROOMS, MUSIC AND
OTHER ENTERTAINMENT FOR POLITICAL MEETINGS AND
EVENTS; (X) REASONABLE COMPENSATION FOR PUBLIC
SPEAKERS HIRED BY THE COMMITTEE; (Y) TRANSPORTING
ELECTORS TO THE POLLS AND OTHER GET-OUT-THE-VOTE
ACTIVITIES ON ELECTION DAY, AND (Z) any other
NECESSARY CAMPAIGN OR POLITICAL expense. [deemed
necessary in accordance with regulations adopted
by the State Elections Enforcement Commission in
accordance with chapter 54.]
(3) Nothing in this section shall prohibit a
candidate from purchasing equipment from his
personal funds and leasing or renting such
equipment to his candidate committee or his
exploratory committee, provided the candidate and
his campaign treasurer sign a written lease or
rental agreement. Such agreement shall include the
lease or rental price, which shall not exceed the
fair lease or rental value of the equipment. The
candidate shall not receive lease or rental
payments which in the aggregate exceed his cost of
purchasing the equipment.
(4) AS USED IN THIS SUBDIVISION, EXPENDITURES
FOR "PERSONAL USE" INCLUDE EXPENDITURES TO DEFRAY
NORMAL LIVING EXPENSES FOR THE CANDIDATE OR THE
IMMEDIATE FAMILY OF THE CANDIDATE AND EXPENDITURES
FOR THE PERSONAL BENEFIT OF THE CANDIDATE HAVING
NO DIRECT CONNECTION WITH, OR EFFECT UPON, THE
CAMPAIGN OF THE CANDIDATE. NO GOODS, SERVICES,
FUNDS AND CONTRIBUTIONS RECEIVED BY ANY COMMITTEE
UNDER THIS CHAPTER SHALL BE USED OR BE MADE
AVAILABLE FOR THE PERSONAL USE OF ANY CANDIDATE.
NO CANDIDATE OR CANDIDATE COMMITTEE SHALL USE SUCH
GOODS, SERVICES, FUNDS OR CONTRIBUTIONS FOR ANY
PURPOSE OTHER THAN CAMPAIGN PURPOSES PERMITTED BY
THIS CHAPTER OR EXPENSES INCURRED IN PREPARATION
FOR TAKING OFFICE.
Sec. 2. Section 9-333w of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) No [person, as defined in subdivision (9)
of section 9-333a,] INDIVIDUAL shall make or incur
any expenditure [for the purpose of financing]
WITH THE COOPERATION OF, AT THE REQUEST OR
SUGGESTION OF, OR IN CONSULTATION WITH ANY
CANDIDATE, CANDIDATE COMMITTEE OR CANDIDATE'S
AGENT, AND NO CANDIDATE OR COMMITTEE SHALL MAKE OR
INCUR ANY EXPENDITURE FOR any written, typed or
other printed communication which promotes the
success or defeat of any candidate's campaign for
nomination at a primary or election [, promotes
the success or defeat of any referendum question]
or solicits funds to benefit any political party
or committee unless such communication bears upon
its face the words "paid for by" [or "sponsored
by"] and the following: (1) In the case of [a
person, other than a committee, business entity or
organization, who pays for or sponsors such
communication,] SUCH AN INDIVIDUAL, the name and
address of such [person] INDIVIDUAL; (2) in the
case of a committee [,] other than a party
committee, [which pays for or sponsors such
communication,] the name of the committee and its
campaign treasurer; OR (3) in the case of a party
committee, [which pays for or sponsors such
communication,] the name of the committee. [; (4)
in the case of an organization or business entity
which pays for or sponsors such communication, the
name of the organization or business entity and
its chief executive officer; or (5) in the case of
a group of individuals who have joined solely to
promote the success or defeat of a referendum
question and filed a certification in accordance
with subsection (d) of section 9-333g and which
pays for or sponsors such communication, the name
of the group as it appears on the certification or
the name of each person who comprises the group,
and the name and address of the agent.]
(b) NO BUSINESS ENTITY, ORGANIZATION,
ASSOCIATION, COMMITTEE, OR GROUP OF TWO OR MORE
INDIVIDUALS WHO HAVE JOINED SOLELY TO PROMOTE THE
SUCCESS OR DEFEAT OF A REFERENDUM QUESTION AND IS
REQUIRED TO FILE A CERTIFICATION IN ACCORDANCE
WITH SUBSECTION (d) OF SECTION 9-333g, SHALL MAKE
OR INCUR ANY EXPENDITURE FOR ANY WRITTEN, TYPED OR
OTHER PRINTED COMMUNICATION WHICH PROMOTES THE
SUCCESS OR DEFEAT OF ANY REFERENDUM QUESTION
UNLESS SUCH COMMUNICATION BEARS UPON ITS FACE THE
WORDS "PAID FOR BY" AND THE FOLLOWING: (1) IN THE
CASE OF A BUSINESS ENTITY, ORGANIZATION OR
ASSOCIATION, THE NAME OF THE ENTITY, ORGANIZATION
OR ASSOCIATION AND THE NAME OF ITS CHIEF EXECUTIVE
OFFICER; (2) IN THE CASE OF A POLITICAL COMMITTEE,
THE NAME OF THE COMMITTEE AND THE NAME OF ITS
CAMPAIGN TREASURER; (3) IN THE CASE OF A PARTY
COMMITTEE, THE NAME OF THE COMMITTEE; OR (4) IN
THE CASE OF SUCH A GROUP OF TWO OR MORE
INDIVIDUALS, THE NAME OF THE GROUP AS IT APPEARS
ON THE CERTIFICATION FILED IN ACCORDANCE WITH
SUBSECTION (d) OF SECTION 9-333g, AND THE NAME AND
ADDRESS OF ITS AGENT.
[(b)] (c) The provisions of [subsection]
SUBSECTIONS (a) AND (b) of this section do not
apply to (1) any editorial, news story, or
commentary published in any newspaper, magazine or
journal on its own behalf and upon its own
responsibility and for which it does not charge or
receive any compensation whatsoever, (2) any
banner, (3) political paraphernalia including
pins, buttons, badges, emblems, hats, bumper
stickers or other similar materials, or (4) signs
with a surface area of not more than thirty-two
square feet.
[(c)] (d) The campaign treasurer of a
candidate committee which sponsors any written,
typed or other printed communication for the
purpose of raising funds to eliminate a campaign
deficit of that committee shall include in such
communication a statement that the funds are
sought to eliminate such a deficit.
Sec. 3. This act shall take effect from its
passage, except that section 1 shall take effect
January 1, 1996.
Approved July 6, 1995