Sec. 9-601. (Formerly Sec. 9-333a). General definitions.
Sec. 9-601. (Formerly Sec. 9-333a). General definitions. As used in this chapter
and sections 9-700 to 9-716, inclusive:
(1) "Committee" means a party committee, political committee or a candidate committee organized, as the case may be, for a single primary, election or referendum, or
for ongoing political activities, to aid or promote the success or defeat of any political
party, any one or more candidates for public office or the position of town committee
member or any referendum question.
(2) "Party committee" means a state central committee or a town committee. "Party
committee" does not mean a party-affiliated or district, ward or borough committee
which receives all of its funds from the state central committee of its party or from a
single town committee with the same party affiliation. Any such committee so funded
shall be construed to be a part of its state central or town committee for purposes of this
chapter and sections 9-700 to 9-716, inclusive.
(3) "Political committee" means (A) a committee organized by a business entity or
organization, (B) persons other than individuals, or two or more individuals organized
or acting jointly conducting their activities in or outside the state, (C) an exploratory
committee, (D) a committee established by or on behalf of a slate of candidates in a
primary for the office of justice of the peace, but does not mean a candidate committee
or a party committee, (E) a legislative caucus committee, or (F) a legislative leadership
committee.
(4) "Candidate committee" means any committee designated by a single candidate,
or established with the consent, authorization or cooperation of a candidate, for the
purpose of a single primary or election and to aid or promote such candidate's candidacy
alone for a particular public office or the position of town committee member, but does
not mean a political committee or a party committee.
(5) "Exploratory committee" means a committee established by a candidate for a
single primary or election (A) to determine whether to seek nomination or election to
(i) the General Assembly, (ii) a state office, as defined in subsection (e) of section 9-610,
or (iii) any other public office, and (B) if applicable, to aid or promote said candidate's
candidacy for nomination to the General Assembly or any such state office.
(6) "National committee" means the organization which according to the bylaws
of a political party is responsible for the day-to-day operation of the party at the national level.
(7) "Organization" means all labor organizations, (A) as defined in the Labor-Management Reporting and Disclosure Act of 1959, as from time to time amended, or (B)
as defined in subdivision (9) of section 31-101, employee organizations as defined in
subsection (d) of section 5-270 and subdivision (6) of section 7-467, bargaining representative organizations for teachers, any local, state or national organization, to which
a labor organization pays membership or per capita fees, based upon its affiliation or
membership, and trade or professional associations which receive their funds exclusively from membership dues, whether organized in or outside of this state, but does
not mean a candidate committee, party committee or a political committee.
(8) "Business entity" means the following, whether organized in or outside of this
state: Stock corporations, banks, insurance companies, business associations, bankers
associations, insurance associations, trade or professional associations which receive
funds from membership dues and other sources, partnerships, joint ventures, private
foundations, as defined in Section 509 of the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended; trusts or estates; corporations organized under sections 38a-175 to 38a-192, inclusive, 38a-199 to 38a-209, inclusive, and 38a-214 to 38a-225, inclusive, and
chapters 594 to 597, inclusive; cooperatives, and any other association, organization or
entity which is engaged in the operation of a business or profit-making activity; but
does not include professional service corporations organized under chapter 594a and
owned by a single individual, nonstock corporations which are not engaged in business
or profit-making activity, organizations, as defined in subdivision (6) of this section,
candidate committees, party committees and political committees as defined in this
section. For purposes of this chapter, corporations which are component members of a
controlled group of corporations, as those terms are defined in Section 1563 of the
Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended, shall be deemed to be one corporation.
(9) "Individual" means a human being, a sole proprietorship, or a professional service corporation organized under chapter 594a and owned by a single human being.
(10) "Person" means an individual, committee, firm, partnership, organization, association, syndicate, company trust, corporation, limited liability company or any other
legal entity of any kind but does not mean the state or any political or administrative
subdivision of the state.
(11) "Candidate" means an individual who seeks nomination for election or election
to public office whether or not such individual is elected, and for the purposes of this
chapter and sections 9-700 to 9-716, inclusive, an individual shall be deemed to seek
nomination for election or election if such individual has (A) been endorsed by a party
or become eligible for a position on the ballot at an election or primary, or (B) solicited
or received contributions, made expenditures or given such individual's consent to any
other person to solicit or receive contributions or make expenditures with the intent to
bring about such individual's nomination for election or election to any such office.
"Candidate" also means a slate of candidates which is to appear on the ballot in a primary
for the office of justice of the peace. For the purposes of sections 9-600 to 9-610, inclusive, and section 9-621, "candidate" also means an individual who is a candidate in a
primary for town committee members.
(12) "Campaign treasurer" means the individual appointed by a candidate or by the
chairperson of a party committee or a political committee to receive and disburse funds
on behalf of the candidate or committee.
(13) "Deputy campaign treasurer" means the individual appointed by the candidate
or by the chairperson of a committee to serve in the capacity of the campaign treasurer
if the campaign treasurer is unable to perform the campaign treasurer's duties.
(14) "Solicitor" means an individual appointed by a campaign treasurer of a committee to receive, but not to disburse, funds on behalf of the committee.
(15) "Referendum question" means a question to be voted upon at any election or
referendum, including a proposed constitutional amendment.
(16) "Lobbyist" means a lobbyist, as defined in section 1-91 and "communicator
lobbyist" means a communicator lobbyist, as defined in section 1-91.
(17) "Business with which he is associated" means any business in which the contributor is a director, officer, owner, limited or general partner or holder of stock constituting five per cent or more of the total outstanding stock of any class. Officer refers
only to the president, executive or senior vice-president or treasurer of such business.
(18) "Independent expenditure" means an expenditure that is made without the consent, knowing participation, or consultation of, a candidate or agent of the candidate
committee and is not a coordinated expenditure.
(19) "Coordinated expenditure" means an expenditure made by a person:
(A) In cooperation, consultation, in concert with, at the request, suggestion or direction of, or pursuant to a general or particular understanding with (i) a candidate, candidate
committee, political committee or party committee, or (ii) a consultant or other agent
acting on behalf of a candidate, candidate committee, political committee or party committee;
(B) For the production, dissemination, distribution or publication, in whole or in
substantial part, of any broadcast or any written, graphic or other form of political advertising or campaign communication prepared by (i) a candidate, candidate committee,
political committee or party committee, or (ii) a consultant or other agent acting on
behalf of a candidate, candidate committee, political committee or party committee;
(C) Based on information about a candidate's plans, projects or needs, provided by
(i) a candidate, candidate committee, political committee or party committee, or (ii) a
consultant or other agent acting on behalf of a candidate, candidate committee, political
committee or party committee, with the intent that such expenditure be made;
(D) Who, in the same election cycle, is serving or has served as the campaign chairperson, campaign treasurer or deputy treasurer of a candidate committee, political committee or party committee benefiting from such expenditure, or in any other executive
or policymaking position as a member, employee, fundraiser, consultant or other agent
of a candidate, candidate committee, political committee or party committee;
(E) For fundraising activities (i) with or for a candidate, candidate committee, political committee or party committee, or a consultant or other agent acting on behalf of a
candidate, candidate committee, political committee or party committee, or (ii) for the
solicitation or receipt of contributions on behalf of a candidate, candidate committee,
political committee or party committee, or a consultant or other agent acting on behalf
of a candidate, candidate committee, political committee or party committee;
(F) Based on information about a candidate's campaign plans, projects or needs,
that is directly or indirectly provided by said candidate, the candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting
on behalf of said candidate, candidate committee, political committee or party committee, to the person making the expenditure or said person's agent, with an express or tacit
understanding that said person is considering making the expenditure; or
(G) For a communication that clearly identifies a candidate during an election campaign, if the person making the expenditure, or said person's agent, has informed said
candidate, the candidate's candidate committee, a political committee or a party committee, or a consultant or other agent acting on behalf of said candidate, candidate committee, political committee or party committee, concerning the communication's contents,
intended audience, timing, location or mode or frequency of dissemination.
(20) "Federal account" means a depository account that is subject to the disclosure
and contribution limits provided under the Federal Election Campaign Act of 1971, as
amended from time to time.
(21) "Public funds" means funds belonging to, or under the control of, the state or
a political subdivision of the state.
(22) "Legislative caucus committee" means a committee established under subdivision (2) of subsection (e) of section 9-605 by the majority of the members of a political
party who are also state representatives or state senators.
(23) "Legislative leadership committee" means a committee established under subdivision (3) of subsection (e) of section 9-605 by a leader of the General Assembly.
(24) "Immediate family" means the spouse or a dependent child of an individual.
(25) "Organization expenditure" means an expenditure by a party committee, legislative caucus committee or legislative leadership committee for the benefit of a candidate
or candidate committee for:
(A) The preparation, display or mailing or other distribution of a party candidate
listing. As used in this subparagraph, "party candidate listing" means any communication that meets the following criteria: (i) The communication lists the name or names
of candidates for election to public office, (ii) the communication is distributed through
public advertising such as broadcast stations, cable television, newspapers or similar
media, or through direct mail, telephone, electronic mail, publicly accessible sites on the
Internet or personal delivery, (iii) the treatment of all candidates in the communication is
substantially similar, and (iv) the content of the communication is limited to (I) for each
such candidate, identifying information, including photographs, the office sought, the
office currently held by the candidate, if any, the party enrollment of the candidate, a brief
statement concerning the candidate's positions, philosophy, goals, accomplishments or
biography and the positions, philosophy, goals or accomplishments of the candidate's
party, (II) encouragement to vote for each such candidate, and (III) information concerning voting, including voting hours and locations;
(B) A document in printed or electronic form, including a party platform, a copy of
an issue paper, information pertaining to the requirements of this title, a list of registered
voters and voter identification information, which document is created or maintained
by a party committee, legislative caucus committee or legislative leadership committee
for the general purposes of party or caucus building and is provided (i) to a candidate
who is a member of the party that has established such party committee, or (ii) to a
candidate who is a member of the party of the caucus or leader who has established
such legislative caucus committee or legislative leadership committee, whichever is
applicable;
(C) A campaign event at which a candidate or candidates are present;
(D) The retention of the services of an advisor to provide assistance relating to
campaign organization, financing, accounting, strategy, law or media; or
(E) The use of offices, telephones, computers and similar equipment which does
not result in additional cost to the party committee, legislative caucus committee or
legislative leadership committee.
(26) "Solicit" means (A) requesting that a contribution be made, (B) participating
in any fund-raising activities for a candidate committee, exploratory committee, political
committee or party committee, including, but not limited to, forwarding tickets to potential contributors, receiving contributions for transmission to any such committee or
bundling contributions, (C) serving as chairperson, treasurer or deputy treasurer of any
such committee, or (D) establishing a political committee for the sole purpose of soliciting or receiving contributions for any committee. "Solicit" does not include (i) making
a contribution that is otherwise permitted under this chapter, (ii) informing any person
of a position taken by a candidate for public office or a public official, (iii) notifying
the person of any activities of, or contact information for, any candidate for public office,
or (iv) serving as a member in any party committee or as an officer of such committee
that is not otherwise prohibited in this subdivision.
(27) "Agent" means any person acting at the direction of an individual.
(P.A. 86-99, S. 2, 34; P.A. 87-264, S. 2; 87-524, S. 1; 87-576, S. 1, 6; P.A. 89-211, S. 16; P.A. 91-351, S. 2, 28; P.A.
95-79, S. 18, 189; June 18 Sp. Sess. P.A. 97-5, S. 11, 19; P.A. 98-7, S. 1, 4; P.A. 99-12, S. 1, 3; P.A. 03-241, S. 10; Oct.
25 Sp. Sess. P.A. 05-5, S. 18; P.A. 07-1, S. 4.)
History: P.A. 87-264 amended Subdiv. (10) to include in definition of "candidate", in sections indicated, candidates
in convention delegate or town committee member primaries; P.A. 87-524 added Subdivs. (15) and (16), defining "lobbyist"
and "business with which he is associated"; P.A. 87-576 amended Subdiv. (7) to exclude professional service corporations
from definition of "business entity" and amended Subdiv. (8) to include a professional service corporation in definition
of "individual"; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 91-351 amended Subdiv. (1)
to include a committee to aid or promote success or defeat of candidate for position of convention delegate or town
committee member in definition of "committee", added Subpara. (D) to Subdiv. (3) to include committee established by
or on behalf of slate of candidates in primary for position of convention delegate to definition of "political committee",
amended Subdiv. (4) to include committee to aid or promote candidacy for position of town committee member to definition
of "candidate committee" and amended Subdiv. (10) to include slate of candidates to appear on ballot in primary for
position of convention delegate in definition of "candidate" for entire chapter; P.A. 95-79 redefined "person" to include
a limited liability company, effective May 31, 1995; June 18 Sp. Sess. P.A. 97-5 added Subdiv. (17) defining "independent
expenditure", effective July 1, 1997, and applicable to elections and primaries held on or after January 1, 1998; P.A. 98-7 added Subdiv. (18) defining "federal account", effective January 1, 1999, and applicable to elections and primaries held
on or after that date; P.A. 99-12 added Subdiv. (19) defining "public funds", effective January 1, 2000; P.A. 03-241
amended Subdiv. (1) by deleting candidates for position of convention delegate from definition of "committee", amended
Subdivs. (3) and (10) by substituting "office of justice of the peace" for "position of convention delegate" and making
technical changes in definitions of "political committee" and "candidate", and amended Subdiv. (17) by making a technical
change in definition of "independent expenditure", effective January 1, 2004, and applicable to primaries and elections
held on or after that date; Oct. 25 Sp. Sess. P.A. 05-5 applied section to Secs. 9-700 to 9-716, inclusive, redefined "political
committee" in Subdiv. (3) by substituting "exploratory committee" for former provision in Subpara. (C) and adding Subparas. (E) and (F) re legislative caucus committee and legislative leadership committee, redesignated existing Subdivs. (5)
to (17) as Subdivs. (6) to (18) and existing Subdivs. (18) and (19) as Subdivs. (20) and (21), defined "exploratory committee"
in new Subdiv. (5), added definition of "communicator lobbyist" in redesignated Subdiv. (16), redefined "independent
expenditure" in redesignated Subdiv. (18) by excluding coordinated expenditure and deleting provision specifying expenditures excluded from "independent expenditure", added new Subdiv. (19) defining "coordinated expenditure" and new
Subdivs. (22) to (27) defining "legislative caucus committee", "legislative leadership committee", "immediate family",
"organization expenditure", "solicit" and "agent", and made technical changes, effective December 31, 2006, and applicable
to elections held on or after that date (Revisor's note: In Subdiv. (19)(C) the words "expenditure by made" were changed
editorially by the Revisors to "expenditure be made"); Sec. 9-333a transferred to Sec. 9-601 in 2007; P.A. 07-1 amended
Subdiv. (26) to make technical changes in Subpara. (C) and add clause (iv) re serving as member or officer of party
committee not otherwise prohibited, effective February 8, 2007.
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.