Bill Text: CT HB05525 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning Campaign Finance Under The Citizens' Election Program.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Public Hearing 03/19 [HB05525 Detail]

Download: Connecticut-2018-HB05525-Introduced.html

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General Assembly		Raised Bill No. 5525
February Session, 2018		LCO No. 2391
		*02391_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT CONCERNING CAMPAIGN FINANCE UNDER THE CITIZENS' ELECTION PROGRAM.

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

Section 1. Subsections (b) and (c) of section 9-702 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(b) Any such candidate committee is eligible to receive such grants for a primary campaign, if applicable, and a general election campaign if (1) the candidate certifies as a participating candidate under section 9-703, as amended by this act, (2) the candidate's candidate committee receives the required amount of qualifying contributions under section 9-704, (3) the candidate's candidate committee returns all contributions that do not meet the criteria for qualifying contributions under section 9-704, (4) 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, (5) the candidate agrees to limit any contribution or contributions by such candidate to a party committee, which contribution or contributions are derived from such candidate's personal funds, to two hundred fifty dollars in the aggregate to such party committee, and [(5)] (6) 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.

(c) [A] (1) Except as provided in subdivision (2) of this subsection, 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 9-704 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, and (ii) the amount of the grant for the primary campaign authorized under section 9-705, as amended by this act, 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, and (iii) the amount of the grant for the general election campaign authorized under section 9-705, as amended by this act. [The] Except as provided in subdivision (2) of this subsection, 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, 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 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, the amount of the general election campaign grant received and 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.

(2) The candidate committee of a participating candidate who is nominated for election, does not have an opponent in the general election campaign and is ineligible to receive a general election campaign grant pursuant to 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 such candidate shall limit the expenditures of the candidate committee for a general election campaign to the sum of the qualifying contributions, personal funds and the amount raised in additional contributions that is equivalent to thirty per cent of the applicable general election campaign grant for a major party candidate for such office.

Sec. 2. Subsections (a) and (b) of section 9-703 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(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 limit on contributions derived from such candidate's personal funds to a party committee and the expenditure limits under the Citizens' Election Program set forth in [subsection] subsections (b) and (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 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, (2) that the candidate shall repay to the fund any such moneys that are not expended in accordance with subsection (g) of section 9-607 and said regulations, (3) that the candidate and the treasurer shall comply with the provisions of subdivision (1) of subsection (a) of section 9-711, 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 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. Notwithstanding the provisions of this subsection, a candidate who is not required to form a candidate committee pursuant to subdivision (3) or (4) of subsection (b) of section 9-604, files a certification with the commission pursuant to subsection (c) of section 9-603 and does not intend to participate in the Citizens' Election Program shall not be required to file such affidavit of intent not to abide by the expenditure limits of said program. Any such candidate shall be referred to as a nonparticipating candidate, in accordance with subsection (b) of this section.

(b) A candidate who so certifies the candidate's intent to abide by the limit on contributions derived from such candidate's personal funds to a party committee and the expenditure limits under the Citizens' Election Program set forth in [subsection] subsections (b) and (c) of section 9-702, as amended by this act, shall be referred to in sections 9-700 to 9-716, inclusive, 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 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.

Sec. 3. Subdivision (3) of subsection (i) of section 9-705 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(3) (A) If a participating candidate who is nominated for election does not have any opponent in the general election campaign, [the amount of the] such candidate shall be ineligible to receive general election campaign grant. [for which the qualified candidate committee for said candidate shall be eligible shall be thirty per cent of the applicable amount set forth in subsections (a) to (h), inclusive, of this section.] For the purposes of this subdivision, a participating candidate shall be deemed to have an opponent if [(A)] (i) a major party has properly endorsed any other candidate and made the requisite filing with the Secretary of the State within the time specified in [section 9-391 or 9-400, as applicable, (B)] chapter 153, (ii) any candidate of any other major party has received not less than fifteen per cent of the vote of convention delegates and has complied with the filing requirements set forth in section 9-400, or [(C)] (iii) any candidate of any other major party has circulated a petition and obtained the required number of signatures for filing a candidacy for nomination and has either qualified for the primary or been deemed the party's nominee;

(B) If a participating candidate who is nominated for election and who was previously deemed to not have an opponent under subparagraph (A) of this subdivision is subsequently deemed to have an opponent in the general election, the qualified candidate committee of such candidate shall be eligible to receive a general election grant under subsections (a) to (h), inclusive, of this section, and the amount of such grant shall be reduced by the amount of any additional contributions raised pursuant to subsection (c) of section 9-702, as amended by this act, during the period when such candidate was deemed to not have an opponent;

Sec. 4. Subsection (f) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

(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, 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 limit on contributions derived from such candidate's personal funds to a party committee and the expenditure limits set forth in [subsection] subsections (b) and (c) of section 9-702, as amended by this act, and notifies the commission on a form prescribed by the commission.

This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2019	9-702(b) and (c)
Sec. 2	January 1, 2019	9-703(a) and (b)
Sec. 3	January 1, 2019	9-705(i)(3)
Sec. 4	January 1, 2019	9-706(f)

Statement of Purpose:

To (1) limit to two hundred fifty dollars any contributions to party committees by candidates participating in the Citizens' Election Program, and (2) eliminate grants from the Citizens' Election Fund to candidates without an opponent.

[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.]