Sec. 9-711. Excess expenditures: Penalties.
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 minimis. 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; P.A. 06-196, S. 61.)
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. 06-196 made a technical change in Subsec. (a), 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.