Sec. 9-610. (Formerly Sec. 9-333l). Expense sharing by committees. Candidate's expenditures. Use of public funds by incumbent or for promotional campaign or advertisement. Prohibitions on certain
Sec. 9-610. (Formerly Sec. 9-333l). Expense sharing by committees. Candidate's expenditures. Use of public funds by incumbent or for promotional campaign or advertisement. Prohibitions on certain lobbyist contributions and solicitations. (a) Any provision of this chapter to the contrary notwithstanding, a candidate
committee may join with one or more candidate committees to establish a political
committee for the purpose of sponsoring one or more fund-raising events for those
candidates. Any individual, other than a candidate benefited, who is eligible and qualifies
to serve in accordance with the provisions of subsection (d) of section 9-606 may serve
as the campaign treasurer or deputy campaign treasurer of such a political committee.
The statements required to be filed by a political committee under this chapter shall apply
to any political committee established pursuant to this subsection. After all expenses of
the political committee have been paid by its campaign treasurer for each event, he shall
distribute all remaining funds from such event to the campaign treasurers of each of the
candidate committees which established the political committee. The distribution to
each candidate committee shall be made not later than fourteen days after the event,
either in accordance with a prior agreement of the candidates or, if no prior agreement
was made, in equal proportions to each candidate committee. Any contribution which
is made to such political committee shall, for purposes of determining compliance with
the limitations imposed by this chapter, be deemed to have been made in equal proportions to each candidate's campaign unless (1) a prior agreement was made by the candidates as to the disposition of remaining funds, and (2) those who contributed to the
political committee were notified of such disposition, in which case the contribution
shall be deemed to have been made to each candidate's campaign in accordance with
the agreement.
(b) A candidate committee may pay its pro rata share of the expenses of operating
a campaign headquarters and of preparing, printing and disseminating any political
communication on behalf of that candidate and any other candidate or candidates. Notwithstanding the provisions of subdivision (1) of subsection (a) of section 9-616, a
candidate committee may reimburse a party committee for any expenditure such party
committee has incurred for the benefit of such candidate committee.
(c) A candidate may make any expenditure permitted by section 9-607 to aid or
promote the success of his campaign for nomination or election from his personal funds,
or the funds of his immediate family, which for the purposes of this chapter shall consist
of the candidate's spouse and issue. Any such expenditure shall not be deemed a contribution to any committee.
(d) (1) No incumbent holding office shall, during the three months preceding an
election in which he is a candidate for reelection or election to another office, use public
funds to mail or print flyers or other promotional materials intended to bring about his
election or reelection.
(2) No official or employee of the state or a political subdivision of the state shall
authorize the use of public funds for a television, radio, movie theater, billboard, bus
poster, newspaper or magazine promotional campaign or advertisement, which (A) features the name, face or voice of a candidate for public office, or (B) promotes the nomination or election of a candidate for public office, during the twelve-month period preceding the election being held for the office which the candidate described in this subdivision
is seeking.
(3) As used in subdivisions (1) and (2) of this subsection, "public funds" does not
include any grant or moneys paid to a qualified candidate committee from the Citizens'
Election Fund under sections 9-700 to 9-716, inclusive.
(e) For purposes of this subsection and subsection (f) of this section, the exclusions
to the term "contribution" in subsection (b) of section 9-601a shall not apply; the term
"state office" means the office of Governor, Lieutenant Governor, Attorney General,
State Comptroller, State Treasurer or Secretary of the State; and the term "state officer"
means the Governor, Lieutenant Governor, Attorney General, State Comptroller, State
Treasurer or Secretary of the State. Notwithstanding any provision of this chapter to the
contrary, during any regular session of the General Assembly, during any special session
of the General Assembly held between the adjournment of the regular session in an odd-numbered year and the convening of the regular session in the following even-numbered
year or during any reconvened session of the General Assembly held in an odd-numbered
year to reconsider vetoed bills, (1) no client lobbyist or political committee established
by or on behalf of a client lobbyist shall make or offer to make a contribution to or on
behalf of, and no such lobbyist shall solicit a contribution on behalf of, (A) a candidate
or exploratory committee established by a candidate for nomination or election to the
General Assembly or a state office or (B) a political committee (i) established for an
assembly or senatorial district, (ii) established by a member of the General Assembly
or a state officer or such member or officer's agent, or in consultation with, or at the
request or suggestion of, any such member, officer or agent, or (iii) controlled by such
member, officer or agent, to aid or promote the nomination or election of any candidate
or candidates to the General Assembly or a state office, and (2) no such candidate or
political committee shall accept such a contribution. The provisions of this subsection
shall not apply to a candidate committee established by a member of the General Assembly or a candidate for nomination or election to the General Assembly, at a special
election for the General Assembly, from the date on which the candidate or the chairman
of the committee files the designation of a campaign treasurer and a depository institution
under section 9-602 with the State Elections Enforcement Commission, to the date on
which the special election is held, inclusive, or to an exploratory committee established
by a member of the General Assembly to promote his candidacy for an office other than
the General Assembly.
(f) A political committee established by two or more individuals under subparagraph (B) of subsection (3) of section 9-601, other than a committee established solely
for the purpose of aiding or promoting any candidate or candidates for municipal office
or the success or defeat of a referendum question, shall be subject to the prohibition on
acceptance of client lobbyist contributions under subsection (e) of this section unless
the campaign treasurer of the committee has filed a certification that the committee is
not established for an assembly or senatorial district, or by a member of the General
Assembly or a state officer, or such member or officer's agent, or in consultation with,
or at the request or suggestion of, any such member, officer or agent, or controlled
by such member, officer or agent. The campaign treasurer of any political committee
established by or controlled by a client lobbyist shall file a certification to that effect.
Such certifications shall be filed with the State Elections Enforcement Commission, on
forms prescribed by the commission, on or before November 15, 2008, for all such
political committees in existence on such date, or upon the registration of the committee,
and on or before November fifteenth biennially thereafter. The commission shall prepare
a list of all such committees subject to the prohibitions under subsection (e) of this
section, according to the certifications filed, which shall be available prior to the opening
of each regular session of the General Assembly, and shall provide a copy of the list to
the president pro tempore of the Senate, the speaker of the House of Representatives,
the minority leader of the Senate, the minority leader of the House of Representatives
and each state officer. During each such regular session, the commission shall prepare
a supplemental list of committees which register after November fifteenth and are subject to such prohibitions, and the commission shall provide the supplemental list to such
legislative leaders and state officers. The filing of the certification by the campaign
treasurer of the committee shall not impair the authority of the commission to act under
section 9-7b. Any client lobbyist or campaign treasurer who acts in reliance on such
lists in good faith shall have an absolute defense in any action brought under subsection
(e) and this subsection, subsection (c) of section 9-604, and subsection (f) of section
9-608.
(g) No communicator lobbyist, member of the immediate family of a communicator
lobbyist, or political committee established or controlled by a communicator lobbyist
or a member of the immediate family of a communicator lobbyist shall make a contribution or contributions to, or for the benefit of (1) an exploratory committee or a candidate
committee established by a candidate for nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer, Secretary of the State, state senator or state representative, (2) a political committee established
or controlled by any such candidate, (3) a legislative caucus committee or a legislative
leadership committee, or (4) a party committee.
(h) No communicator lobbyist, immediate family member of a communicator lobbyist, agent of a communicator lobbyist, or political committee established or controlled
by a communicator lobbyist or any such immediate family member or agent shall solicit
(1) a contribution on behalf of a candidate committee or an exploratory committee established by a candidate for the office of Governor, Lieutenant Governor, Attorney General,
State Comptroller, State Treasurer, Secretary of the State, state senator or state representative, a political committee established or controlled by any such candidate, a legislative
caucus committee, a legislative leadership committee or a party committee, or (2) the
purchase of advertising space in a program for a fund-raising affair sponsored by a town
committee, as described in subparagraph (B) of subdivision (10) of section 9-601a.
(i) The provisions of subsections (g) and (h) of this subsection shall not apply to
the campaign of a communicator lobbyist, immediate family member of a communicator
lobbyist or agent of a communicator lobbyist who is a candidate for public office or to
an immediate family member of a communicator lobbyist who is an elected public
official.
(j) Any person who violates any provision of subsections (g) and (h) of this section
shall be subject to a civil penalty, imposed by the State Elections Enforcement Commission, of not more than five thousand dollars or twice the amount of any contribution
donated or solicited in violation of subsection (g) or (h) of this section, whichever is
greater.
(P.A. 86-99, S. 13, 34; P.A. 90-267, S. 1 P.A. 91-351, S. 12, 28; P.A. 93-251, S. 1, 5; P.A. 94-132, S. 10; June 18 Sp.
Sess. P.A. 97-5, S. 10, 14, 19; P.A. 99-12, S. 2, 3; P.A. 03-223, S. 8; 03-241, S. 63; Oct. 25 Sp. Sess. P.A. 05-5, S. 27-29;
P.A. 06-137, S. 24, 25; P.A. 08-2, S. 8, 9.)
History: P.A. 90-267 added Subsec. (e) re prohibitions on certain contributions and the soliciting of such contributions
by lobbyists and political committees established by or on behalf of lobbyists, and Subsec. (f) re the implementation of
such prohibitions; P.A. 91-351 amended Subsec. (a) to allow political committee to be established for one or more fund-raising events instead of a single event; P.A. 93-251 amended Subsec. (e) to provide that exclusions to term "contribution"
in Sec. 9-333b(b) shall not apply for purposes of Subsecs. (e) and (f), amended Subsec. (f) to require that secretary prescribe
political committee certification forms by November 15, 1994, instead of December 1, 1990, that certifications be filed
by November fifteenth biennially instead of December first annually, that secretary provide political committee registration
reports and copies of registrations and certifications to commission and that commission prepare supplemental list of
committees registering after November fifteenth instead of December first, and added Subsec. (g) re lobbyist statements,
effective July 1, 1993; P.A. 94-132 deleted Subsec. (g)(1) which had required statement to include name and address of
persons on whose behalf one was a lobbyist and renumbered Subdivs. (2) and (3) as (1) and (2); June 18 Sp. Sess. P.A.
97-5 amended Subsec. (e) by defining "state office" and "state officer" and applied provisions of Subsecs. (e) and (f) to
state officers, effective July 1, 1997, and amended Subsec. (g)(1) by repealing reporting of ticket purchases in connection
with fund-raising events, effective July 1, 1997, and applicable to elections and primaries held on or after January 1, 1998;
P.A. 99-12 amended Subsec. (d) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) prohibiting
authorization of use of public funds for candidate promotional campaigns or advertisements, effective January 1, 2000;
P.A. 03-223 amended Subsec. (a) to require distribution of funds to be made to each candidate committee not later than
14 days after the event, effective July 1, 2003; P.A. 03-241 amended Subsec. (d)(2) by inserting "movie theater, billboard,
bus poster," and by making a technical change, effective July 1, 2003; Oct. 25 Sp. Sess. P.A. 05-5 amended Subsec. (d)(2)
by changing "five-month" to "twelve-month" and added Subsec. (d)(3) re exclusion from term "public funds", effective
January 1, 2006, and applicable to elections held on or after that date, and amended Subsec. (g) by deleting definition of
"immediate family" and changing "Secretary of the State" to "State Elections Enforcement Commission", and added
Subsecs. (h) and (i) prohibiting contributions by communicator lobbyists, their immediate family members and political
committees established or controlled by communicator lobbyists or such immediate family members, and prohibiting
solicitations by such lobbyists, family members and political committees and agents of such lobbyists and political committees established or controlled by such agents, effective December 31, 2006, and applicable to elections held on or after
that date; P.A. 06-137 amended Subsec. (i) to designate Subdiv. (2) as new Subsec. (j) re exceptions to prohibition, inserting
therein "or to an immediate family member of a communicator lobbyist who is an elected public official", and Subdiv. (3)
as new Subsec. (k) re civil penalty for violation of prohibition, inserting therein "donated or", and made technical changes,
effective December 31, 2006, and applicable to elections held on or after that date, and further amended section to delete
former Subsec. (g) and redesignate Subsecs. (h) to (k), inclusive, as Subsecs. (g) to (j), inclusive, and make technical
changes, effective October 1, 2007; Sec. 9-333l transferred to Sec. 9-610 in 2007; P.A. 08-2 amended Subsec. (h) to
designate existing provisions re contribution solicitation as Subdiv. (1) and add Subdiv. (2) re purchase of advertising
space in program for a fund-raising affair sponsored by a town committee, effective April 7, 2008, and amended Subsecs.
(e) and (f) to change references from "lobbyist" to "client lobbyist" and "Secretary of the State" to "State Elections
Enforcement Commission" and, in Subsec. (f), to replace "on behalf of" with "controlled by" and "1994" with "2008"
and eliminate requirement for Secretary of the State to provide political committee registration report to State Elections
Enforcement Commission, effective October 1, 2008.
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.