Sec. 9-602. (Formerly Sec. 9-333d). Designation of campaign treasurer and depository institution. Certification. Persons authorized to receive contributions. Duties of campaign treasurer. Personal jur
Sec. 9-602. (Formerly Sec. 9-333d). Designation of campaign treasurer and
depository institution. Certification. Persons authorized to receive contributions.
Duties of campaign treasurer. Personal jurisdiction of State Elections Enforcement
Commission over nonresidents. (a) Except with respect to an individual acting on his
own, no contributions may be made, solicited or received and no expenditures may be
made, directly or indirectly, in aid of or in opposition to the candidacy for nomination
or election of any individual or any party or referendum question, unless (1) the candidate
or chairman of the committee has filed a designation of a campaign treasurer and a
depository institution situated in this state as the depository for the committee's funds
or (2) the candidate or, in the event of a referendum question, a group of individuals
has filed a certification in accordance with the provisions of section 9-604 or 9-605, as
the case may be. In the case of a political committee, the filing of the statement of
organization by the chairman of such committee, in accordance with the provisions of
section 9-605 shall constitute compliance with the provisions of this subsection.
(b) No contribution in aid of or in opposition to the candidacy of any person or to
any party or referendum question shall be made at any time, except to the committee's
campaign treasurer whose designation is on file with the proper authority, a solicitor, a
candidate who is exempt from the requirement to form a candidate committee and has
filed a certification, or a group of individuals which have joined solely to support or
oppose a referendum question and have filed a certification.
(c) An individual who is designated as campaign treasurer of a committee shall
be responsible for all duties required of him under this chapter until the committee is
terminated. The campaign treasurer shall be relieved of such duties upon his permanent
incapacity, resignation or replacement, provided a statement to that effect is filed with the
proper authority, as provided in section 9-603. In the event of the death of the campaign
treasurer or after a statement has been filed concerning the campaign treasurer's incapacity, resignation or replacement, if a deputy campaign treasurer has been designated, the
deputy campaign treasurer shall be responsible for all duties required of the campaign
treasurer under this chapter until the candidate or chairman of the committee files with
the proper authority a designation of a successor campaign treasurer. If a deputy campaign treasurer has not been designated, the candidate or chairman shall designate a
successor campaign treasurer and file such designation with the proper authority not
more than ten days after the death of the campaign treasurer or the filing of the statement
of his incapacity, resignation or replacement.
(d) (1) In addition to its jurisdiction over persons who are residents of this state,
the State Elections Enforcement Commission may exercise personal jurisdiction over
any nonresident person, or the agent of such nonresident person, who makes a payment
of money, gives anything of value or makes a contribution or expenditure, in excess of
two hundred dollars, to or for the benefit of any committee or candidate.
(2) Where personal jurisdiction is based solely upon this subsection, an appearance
does not confer personal jurisdiction with respect to causes of action not arising from
an act enumerated in this subsection.
(3) Any nonresident person or the agent of such person over whom the State Elections Enforcement Commission may exercise personal jurisdiction, as provided in subdivision (1) of this subsection, shall be deemed to have appointed the Secretary of the
State as the person's or agent's attorney and to have agreed that any process in any
complaint, investigation or other matter conducted pursuant to section 9-7b and brought
against the nonresident person, or said person's agent, may be served upon the Secretary
of the State and shall have the same validity as if served upon such nonresident person
or agent personally. The process shall be served upon the Secretary of the State by the
officer to whom the same is directed by leaving with or at the office of the Secretary of
the State, at least twelve days before any required appearance day of such process, a
true and attested copy of such process, and by sending to the nonresident person or agent
so served, at the person's or agent's last-known address, by registered or certified mail,
postage prepaid, return receipt requested, a like and attested copy with an endorsement
thereon of the service upon the Secretary of the State. The Secretary of the State shall
keep a record of each such process and the day and hour of service.
(P.A. 86-99, S. 5, 34; P.A. 91-351, S. 3, 28; P.A. 96-119, S. 11, 14; P.A. 02-130, S. 5.)
History: P.A. 91-351 merged former Subdiv. (2) into Subsec. (a)(1), thereby requiring that designation of a campaign
treasurer be filed by the candidate or chairman of the committee, added new Subsec. (a)(2) re filing of certification, and
amended Subsec. (b) to apply prohibition to contributions re party or referendum question and include in the exception a
candidate or group of individuals filing a certification; P.A. 96-119 added new Subsec. (c) re responsibilities and duration
of term of campaign treasurer, effective January 1, 1997; P.A. 02-130 added Subsec. (d) authorizing State Elections
Enforcement Commission to exercise personal jurisdiction over certain nonresident persons and agents of such persons,
effective May 10, 2002; Sec. 9-333d transferred to Sec. 9-602 in 2007.