Sec. 9-706. Grant applications and payment.
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. The State Elections Enforcement Commission shall
make any such grants to participating candidates in accordance with the provisions of
subsections (d) to (g), inclusive, of this section.
(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: (A) Comply with the
provisions of chapters 155 and 157, and (B) maintain and furnish all records required
pursuant to chapters 155 and 157 and any regulation adopted pursuant to such chapters;
(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
9-607 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 applicable application deadline contained in subsection (g) of this section. 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 9-608. Both
the candidate and the campaign treasurer of the candidate committee shall sign the
application.
(d) In accordance with the provisions of subsection (g) of this section, 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, (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. If the timing of the commission's approval
of the grant in relation to the Secretary of the State's determination of ballot status is
such that the commission cannot determine whether the qualified candidate committee
is entitled to the applicable full initial grant for the primary or election or the applicable
partial grant for the primary or election, as the case may be, the commission shall approve
the lesser applicable partial initial grant. The commission shall then authorize the payment of the remaining portion of the applicable grant after the commission has knowledge of the circumstances regarding the ballot status of the opposing candidates in such
primary or election. 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 any such approved 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 9-607 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.
(g) (1) Any application submitted pursuant to this section for a primary or general
election shall be submitted in accordance with the following schedule: (A) By five
o'clock p.m. on the third Thursday in May of the year that the primary or election will
be held at which such participating candidate will seek nomination or election, or (B)
by five o'clock p.m. on any subsequent Thursday of such year, provided no application
shall be accepted by the commission after five o'clock p.m. on or after the fourth to last
Friday prior to the primary or election at which such participating candidate will seek
nomination or election. Not later than four business days following any such Thursday
or Friday, as applicable, or, in the event of a national, regional or local emergency or
local natural disaster, as soon thereafter as is practicable, the commission shall review
any application received by such Thursday or Friday, in accordance with the provisions
of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of
funds shall be made not later than twelve business days prior to any such primary or
general election. From the third week of June in even-numbered years until the third
week in July, the commission shall meet twice weekly to determine whether or not to
approve applications for grants if there are pending grant applications.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, no application for a special election shall be accepted by the commission after five o'clock p.m.
on or after ten business days prior to the special election at which such participating
candidate will seek election. Not later than three business days following such deadline,
or, in the event of a national, regional or local emergency or local natural disaster, as soon
thereafter as practicable, the commission shall review any such application received by
such deadline, in accordance with the provisions of subsection (d) of this section, and
determine whether such application shall be approved or disapproved. For any such
application that is approved, any disbursement of funds shall be made not later than
seven business days prior to any such special election.
(3) The commission shall publish such application review schedules and meeting
schedules on the commission's web site and with the Secretary of the State.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 7; P.A. 06-137, S. 22; P.A. 08-2, 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;
P.A. 06-137 amended Subsec. (d)(2) to eliminate requirement that at least 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,
effective December 31, 2006, and applicable to elections held on or after that date; P.A. 08-2 amended Subsec. (a)(1) to
include provision re State Elections Enforcement Commission making grants in accordance with Subsecs. (d) to (g),
amended Subsec. (b)(5) to require compliance with and maintenance of records pursuant to chapters 155 and 157, amended
Subsec. (c) to provide that accounting is as of 3 days before the applicable deadline in Subsec. (g), amended Subsec. (d)
to change deadline for review of applications by commission from not later than 3 business days after receipt to the
applicable deadline in Subsec. (g) and add provisions re timing of commission's approval of grant in relation to Secretary
of the State's determination of ballot status and added Subsec. (g) re schedule for submission of applications, effective
April 7, 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.