See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-706. Grant applications and payment. (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.
(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, 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 and
transmitted all excess qualifying contributions to the Citizens' Election Fund;
(5) The campaign treasurer of the candidate committee will comply with the provisions of sections 9-700 to 9-716, inclusive;
(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
9-333i 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, 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 date that the application is signed. 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 9-333j. Both the candidate and the campaign treasurer of
the candidate committee shall sign the application.
(d) Not later than three business days following receipt of any such application, 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, and at least
either one other participating candidate for nomination in the primary, from the same
party and for the same office as the applicant, has also received the required qualifying
contributions or at least one nonparticipating candidate for nomination in the primary,
from the same party and for the same office as the applicant, has received an amount
of contributions equal to the amount of such qualifying contributions, (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 from the fund, and notify the State Comptroller and the candidate of
such candidate committee, of such amount. 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 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 9-333i for qualified candidate committees receiving grants from the fund
under sections 9-700 to 9-716, inclusive.
(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 certifying the candidate's intent to abide by the expenditure
limits set forth in subsection (c) of section 9-702 and notifies the commission on a form
prescribed by the commission.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 7.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-707. Limit on deposits into depository account of a qualified candidate
committee. 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, and (2) any additional moneys from the fund
as provided in sections 9-713 and 9-714.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 8.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-708. Payment of general election campaign grant to eligible qualified
candidate committee. 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. 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. 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.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 9.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-709. Joint campaigning by candidates for offices of Governor and Lieutenant Governor. (a) For purposes of this section, expenditures made to aid or promote
the success of both a candidate for nomination or election to the office of Governor and
a candidate for nomination or election to the office of Lieutenant Governor jointly,
shall be considered expenditures made to aid or promote the success of a candidate for
nomination or election to the office of Governor. The party-endorsed candidate for
nomination or election to the office of Lieutenant Governor and the party-endorsed
candidate for nomination or election to the office of Governor shall be deemed to be
aiding or promoting the success of both candidates jointly upon the earliest of the following: (1) The primary, whether held for the office of Governor, the office of Lieutenant
Governor, or both; (2) if no primary is held for the office of Governor or Lieutenant
Governor, the fourteenth day following the close of the convention; or (3) a declaration
by the party-endorsed candidates that they will campaign jointly. Any other candidate
for nomination or election to the office of Lieutenant Governor shall be deemed to be
aiding or promoting the success of such candidacy for the office of Lieutenant Governor
and the success of a candidate for nomination or election to the office of Governor jointly
upon a declaration by the candidates that they shall campaign jointly.
(b) If a candidate for nomination or election to the office of Lieutenant Governor
is campaigning jointly with a candidate for nomination or election to the office of Governor, the candidate committee and any exploratory committee for the candidate for the
office of Lieutenant Governor shall be dissolved as of the applicable date set forth in
subsection (a) of this section. Not later than fifteen days after said date, the campaign
treasurer of the candidate committee formed to aid or promote the success of said candidate for nomination or election to the office of Lieutenant Governor shall file a statement
with the proper authority under section 9-333e, identifying all contributions received
or expenditures made by the committee since the previous statement and the balance
on hand or deficit, as the case may be. Not later than thirty days after the applicable
date set forth in subsection (a) of this section, (1) the campaign treasurer of a qualified
candidate committee formed to aid or promote the success of said candidate for nomination or election to the office of Lieutenant Governor shall distribute any surplus to the
fund, and (2) the campaign treasurer of a nonqualified candidate committee formed to
aid or promote the success of said candidate for nomination or election to the office of
Lieutenant Governor shall distribute such surplus in accordance with the provisions of
subsection (e) of section 9-333j.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 10.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-710. Loans and personal funds for campaigns. Limits. (a) The candidate
committee for a candidate who intends to participate in the Citizens' Election Program
may borrow moneys on behalf of a campaign for a primary or a general election from
one or more financial institutions, as defined in section 36a-41, in an aggregate amount
not to exceed one thousand dollars. The amount borrowed shall not constitute a qualifying contribution under section 9-704. No individual, political committee or party committee, except the candidate or, in a general election, the state central committee of a
political party, shall endorse or guarantee such a loan in an aggregate amount in excess
of five hundred dollars. An endorsement or guarantee of such a loan shall constitute a
contribution by such individual or committee for so long as the loan is outstanding. The
amount endorsed or guaranteed by such individual or committee shall cease to constitute
a contribution upon repayment of the amount endorsed or guaranteed.
(b) All such loans shall be repaid in full prior to the date such candidate committee
applies for a grant from the Citizens' Election Fund pursuant to section 9-706. A candidate who fails to repay such loans or fails to certify such repayment to the State Elections
Enforcement Commission shall not be eligible to receive and shall not receive grants
from the fund.
(c) A candidate who intends to participate in the Citizens' Election Program may
provide personal funds for such candidate's campaign for nomination or election in an
amount not exceeding: (1) For a candidate for the office of Governor, twenty thousand
dollars; (2) for a candidate for the office of Lieutenant Governor, Attorney General,
State Comptroller, State Treasurer, Secretary of the State, ten thousand dollars; (3) for
a candidate for the office of state senator, two thousand dollars; or (4) for a candidate
for the office of state representative, one thousand dollars. Such personal funds shall
not constitute a qualifying contribution under section 9-704.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 11.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-711. Excess expenditures: Penalties. (a) If an expenditure in excess of the
applicable expenditure limit set forth in subsection (c) of section 9-702 is made or incurred by a qualified candidate committee that receives a grant from the Citizens' Election Fund pursuant to section 9-706, (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, 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 minimus. 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.
(b) If an individual, who is associated with the campaign of a candidate whose
qualified candidate committee has received a grant from the Citizens' Election Fund
pursuant to section 9-706, makes or incurs an expenditure in excess of the applicable
expenditure limit set forth in subsection (c) of section 9-702 for said committee, without
the consent of the candidate or campaign treasurer of the committee, the individual shall
(1) repay to the fund the amount of such excess expenditure, and (2) shall be subject to
penalties under section 9-7b. The provisions of this subsection shall not apply to an
individual who is the candidate or the campaign treasurer of such committee.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 12.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-712. Excess expenditures: Reporting. (a)(1) If a candidate in a primary
campaign or a general election campaign in which there is at least one participating
candidate initially makes, or incurs an obligation to make, an expenditure that is in
excess of ninety per cent of the applicable grant for said participating candidate or
candidates for said campaign authorized under section 9-705, the candidate making the
excess expenditure shall file a supplemental campaign finance statement with the State
Elections Enforcement Commission, not later than forty-eight hours after making or
incurring said expenditure.
(2) After the initial filing of a statement under subdivision (1) of this subsection,
the candidate filing the statement and all opposing candidates shall file supplemental
campaign finance statements with the commission on the following schedule: (A) In
the case of a primary campaign, on the first Thursday following the date in July on
which candidates are required to file campaign finance statements pursuant to subsection
(a) of section 9-333j, or the first Thursday following the supplemental campaign finance
statement filed under subdivision (1) of this subsection, whichever is later, and each
Thursday thereafter until the Thursday before the day of the primary, inclusive, and (B)
in the case of a general election campaign, on the first Thursday following the date in
October on which candidates are required to file campaign finance statements pursuant
to subsection (a) of section 9-333j, or the first Thursday following the supplemental
campaign finance statement filed under subdivision (1) of this subsection, whichever
is later, and each Thursday thereafter until the Thursday before the day of the election,
inclusive.
(3) Each supplemental statement required under subdivision (1) or (2) of this subsection for a candidate shall disclose the name of the candidate, the name of the candidate's campaign committee and the total amount of campaign expenditures made or
obligated to be made by such candidate committee during the primary campaign or the
general election campaign, whichever is applicable, as of the day before the date on
which such statement is required to be filed. The commission shall adopt regulations,
in accordance with the provisions of chapter 54, specifying permissible media for the
transmission of such statements to the commission, which shall include electronic mail.
(b) (1) As used in this subsection, "excess expenditure" means (A) an expenditure
made, or obligated to be made, by a nonparticipating candidate who is opposed by one
or more participating candidates in a primary campaign or a general election campaign,
which is in excess of the amount of the applicable grant for said participating candidates
for said campaign authorized under section 9-705, or (B) an expenditure 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 (i) the amount of the applicable qualifying contributions that
a candidate is required to receive under section 9-704 to be eligible for grants from the
Citizens' Election Fund, and (ii) the amount of the applicable grant for said participating
candidates for said campaign authorized under section 9-705.
(2) If a candidate makes, or incurs the obligation to make, an excess expenditure
more than twenty days before the day of a primary or an election, said candidate shall
file a declaration of excess expenditures with the commission not later than forty-eight
hours after making or incurring said expenditure. If said candidate makes, or incurs the
obligation to make, an excess expenditure twenty days or less before the day of a primary
or an election, the candidate shall file such declaration with the commission not later
than twenty-four hours after making or incurring the expenditure.
(3) The commission shall confirm whether an expenditure described in a declaration
filed under this subsection is an excess expenditure.
(c) If a campaign treasurer fails to file any statement or declaration required by this
section within the time required, said campaign treasurer shall be subject to a civil
penalty, imposed by the commission, of not more than one thousand dollars for the first
failure to file the statement within the time required and not more than five thousand
dollars for any subsequent such failure.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 13.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-713. Excess expenditures: Payment of additional moneys to opposing
participating candidates. (a) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or
a general election campaign, which is in excess of ninety per cent of the applicable grant
for said participating candidates for said campaign authorized under section 9-705, the
State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys shall be paid to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount
of the applicable qualifying contributions that the participating candidate is required to
receive under section 9-704 to be eligible for grants from the Citizens' Election Fund,
and (2) one hundred per cent of such applicable grant. The amount of such additional
moneys shall be twenty-five per cent of such applicable grant. 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 said amount to said candidate committees
from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign
treasurer that it has determined that said nonparticipating candidate has made, or incurred
the obligation to make, an expenditure or expenditures in excess of one hundred per
cent of such applicable grant. Any such determination may be made by the commission
either on its own initiative or upon request of any said participating candidate. Upon
receipt of any such notice by a campaign treasurer, the participating candidate may
spend an amount of said moneys equal to the amount of such excess expenditure or
expenditures. No participating candidate shall receive more than one payment of moneys
under this subsection for any campaign.
(b) If the State Elections Enforcement Commission determines that an expenditure
is made, or obligated to be made, by a nonparticipating candidate who is opposed by one
or more participating candidates in a primary campaign or a general election campaign,
which is in excess of one hundred fifteen per cent of the applicable grant for said participating candidates for said campaign authorized under section 9-705, the State Elections
Enforcement Commission shall immediately notify the State Comptroller that additional
moneys shall be paid to the candidate committee of each such participating candidate
who has not made an expenditure in excess of the sum of (1) the amount of the applicable
qualifying contributions that the participating candidate is required to receive under
section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one
hundred twenty-five per cent of such applicable grant. The amount of such additional
moneys shall be twenty-five per cent of such applicable grant. 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 said amount to said candidate committees
from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the campaign
treasurer that it has determined that said nonparticipating candidate has made, or incurred
the obligation to make, an expenditure or expenditures in excess of one hundred twenty-five per cent of such applicable grant. Any such determination may be made by the
commission either on its own initiative or upon request of any said participating candidate. Upon receipt of any such notice by a campaign treasurer, the participating candidate
may spend an amount of said moneys equal to the amount of such excess expenditure
or expenditures. No participating candidate shall receive more than one payment of
moneys under this subsection for any campaign.
(c) If the State Elections Enforcement Commission determines that an expenditure
is made, or obligated to be made, by a nonparticipating candidate who is opposed by one
or more participating candidates in a primary campaign or a general election campaign,
which is in excess of one hundred forty per cent of the applicable grant for said participating candidates for said campaign authorized under section 9-705, the State Elections
Enforcement Commission shall immediately notify the State Comptroller that additional
moneys shall be paid to the candidate committee of each such participating candidate
who has not made an expenditure in excess of the sum of (1) the amount of the applicable
qualifying contributions that the participating candidate is required to receive under
section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one
hundred fifty per cent of such applicable grant. The amount of such additional moneys
shall be twenty-five per cent of such applicable grant. 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 said amount to said candidate committees from the
Citizens' Election Fund. The campaign treasurer of each said candidate committee shall
hold said moneys in escrow until the commission notifies the campaign treasurer that
it has determined that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in excess of one hundred fifty per cent of
such applicable grant. Any such determination may be made by the commission either
on its own initiative or upon request of any said participating candidate. Upon receipt
of any such notice by a campaign treasurer, the participating candidate may spend an
amount of said moneys equal to the amount of such excess expenditure or expenditures.
No participating candidate shall receive more than one payment of moneys under this
subsection for any campaign.
(d) If the State Elections Enforcement Commission determines that an expenditure
is made, or obligated to be made, by a nonparticipating candidate who is opposed by one
or more participating candidates in a primary campaign or a general election campaign,
which is in excess of one hundred sixty-five per cent of the applicable grant for said
participating candidates for said campaign authorized under section 9-705, the State
Elections Enforcement Commission shall immediately notify the State Comptroller that
additional moneys shall be paid to the candidate committee of each such participating
candidate who has not made an expenditure in excess of the sum of (1) the amount of
the applicable qualifying contributions that the participating candidate is required to
receive under section 9-704 to be eligible for grants from the Citizens' Election Fund,
and (2) one hundred seventy-five per cent of such applicable grant. The amount of
such additional moneys shall be twenty-five per cent of such applicable grant for said
participating candidates for said campaign authorized under section 9-705. 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 said amount to said candidate
committees from the Citizens' Election Fund. The campaign treasurer of each said candidate committee shall hold said moneys in escrow until the commission notifies the
campaign treasurer that it has determined that said nonparticipating candidate has made,
or incurred the obligation to make, an expenditure or expenditures in excess of one
hundred seventy-five per cent of such applicable grant. Any such determination may
be made by the commission either on its own initiative or upon request of any said
participating candidate. Upon receipt of any such notice by a campaign treasurer, the
participating candidate may spend an amount of said moneys equal to the amount of
such excess expenditure or expenditures. No participating candidate shall receive more
than one payment of moneys under this subsection for any campaign.
(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 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, the
State Elections Enforcement Commission shall immediately notify the State Comptroller that additional moneys, equal to the amount of such excess expenditure, shall be
paid to the candidate committee of each such participating candidate who has not made
such an excess expenditure. 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 said amount to said candidate committees from the Citizens' Election Fund.
A participating candidate may receive more than one payment of moneys under this
section for any campaign.
(f) 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 a notice
from a participating candidate that an opposing candidate has made or incurred an obligation to make excess expenditures that have not yet been reported to the commission,
the commission shall expeditiously review such notice and notify the State Comptroller,
who shall immediately wire or electronically transfer moneys from the fund, in the
amount of such excess expenditures confirmed or estimated by the commission, to the
qualified candidate committee of said participating candidate or to any person requested
by the campaign treasurer of said committee.
(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 for said participating candidate for the
campaign, whichever is less.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 14.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-714. Independent expenditures: Payment of additional matching moneys to participating candidates. (a) The State Elections Enforcement Commission, (1)
upon the receipt of a report under subsection (e) of section 9-333n 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 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 9-333n 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 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 for the participating candidate for the primary campaign or general election campaign in which such independent expenditures are made or obligated to be made.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 15.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-715. Voter registration lists for participating candidates. The Secretary
of the State shall provide to each participating candidate a copy of the voter registration
list for the state or the applicable district, which is generated from the state-wide centralized voter registration system established pursuant to the plan authorized under section
1 of special act 91-45 and completed pursuant to section 9-50b. The Secretary shall
provide the copy in electronic format, free of charge.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 16.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-716. Annual report on status of Citizens' Election Fund. Insufficient
funds. Reserve account. (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.
(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. 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 by multiplying such percentage by the amount that such committee would have
been entitled to receive under sections 9-700 to 9-716, inclusive, 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 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, 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.
(c) The commission shall establish a reserve account in the fund. The first twenty-five thousand dollars deposited in the fund during any year shall be placed in said account. The commission shall use moneys in the reserve account only during the seven
days preceding a primary or an election for payments to candidates (1) whose payments
were reduced under subsection (b) of this section, or (2) who are entitled to funding
to match, during said seven-day period, independent expenditures pursuant to section
9-714.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 17.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-717. Effect of court of competent jurisdiction's prohibiting or limiting
expenditure of funds from Citizens' Election Fund for grants or moneys for candidate committees. If a court of competent jurisdiction prohibits or limits the expenditure
of funds from the Citizens' Election Fund established in section 9-701 for grants or
moneys for candidate committees authorized under sections 9-700 to 9-716, inclusive,
for a period of seventy-two hours or more, (1) sections 1-100b, 9-700 to 9-716, inclusive,
9-750, 9-751 and 9-760 and section 49 of public act 05-5 of the October 25 special
session* shall be inoperative and have no effect, and (2) (A) the amendments made to
the provisions of the sections of the general statutes pursuant to public act 05-5 of the
October 25 special session** shall be inoperative, (B) the provisions of said sections
of the general statutes, revision of 1958, revised to December 30, 2006, shall be effective,
and (C) the provisions of subsections (g) to (j), inclusive, of section 9-333n shall not
be implemented.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 55.)
*Note: Section 49 of public act 05-5 of the October 25 special session is special in nature and therefore has not been
codified but remains in full force and effect according to its terms.
**Public act 05-5 of the October 25 special session is entitled "An Act Concerning Comprehensive Campaign Finance
Reform for State-Wide Constitutional and General Assembly Offices". (See Reference Table captioned "Public Acts of
October 25, 2005" in Volume 16 which lists the sections amended, created or repealed by the act.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective December 7, 2005.
PART II
FUNDING
Sec. 9-750. Portion of revenues from tax under chapter 208 to be deposited in
Citizens' Election Fund if insufficient funds available under section 3-69a. If, for
the fiscal year ending June 30, 2006, or any fiscal year thereafter, the amount of funds
available under section 3-69a for deposit in the Citizens' Election Fund established in
section 9-701 is less than the amount of funds required under said section 3-69a to be
deposited in said fund, a portion of the revenues from the tax imposed under chapter
208, equal to the difference between said amounts, shall be deposited in said fund.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 52.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective January 1, 2006.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.
Sec. 9-751. Contributions to Citizens' Election Fund. Any person, business entity, organization, party committee or political committee, as such terms are defined in
section 9-333a, may contribute to the Citizens' Election Fund established in section 9-701. Any such contribution shall be made by check or money order. The State Elections
Enforcement Commission shall immediately transmit all contributions received pursuant to this section to the State Treasurer for deposit in the Citizens' Election Fund.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 53.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective January 1, 2006.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.