Sec. 9-701. Citizens' Election Fund.
Sec. 9-704. Qualifying contributions.
Sec. 9-706. Grant applications and payment.
Sec. 9-701. Citizens' Election Fund. There is established the “Citizens' Election Fund”, which shall be a separate, nonlapsing account. The fund may contain any moneys required by law to be deposited in the fund. Investment earnings credited to the assets of the fund shall become part of the assets of the fund. The State Treasurer shall administer the fund. All moneys deposited in the fund shall be used for the purposes of sections 9-700 to 9-716, inclusive.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 2; June Sp. Sess. P.A. 07-1, S. 97; June Sp. Sess. P.A. 09-3, S. 86; P.A. 25-110, S. 24.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective January 1, 2006; June Sp. Sess. P.A. 07-1 made $1,000,000 limit on administrative costs deducted by commission applicable to fiscal year ending June 30, 2007, increased limit to $2,300,000 during any fiscal year thereafter and made technical changes, effective July 1, 2007; June Sp. Sess. P.A. 09-3 eliminated authority of commission to deduct certain administrative costs from fund, effective September 9, 2009; P.A. 25-110 deleted reference to General Fund, effective July 1, 2025.
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Sec. 9-704. Qualifying contributions. (a) The amount of qualifying contributions that the candidate committee of a candidate shall be required to receive in order to be eligible for grants from the Citizens' Election Fund shall be:
(1) In the case of a candidate for nomination or election to the office of Governor, contributions from individuals in the aggregate amount of two hundred fifty thousand dollars, of which two hundred twenty-five thousand dollars or more is contributed by individuals residing in the state, except that in the case of a primary or election held in 2022, or thereafter, the aggregate contribution amounts shall be first adjusted under subdivision (1) of subsection (b) of this section and then rounded to the nearest multiple of one hundred dollars with exactly fifty dollars rounded upward. The provisions of this subdivision shall be subject to the following: (A) Except as provided in subparagraph (C) of this subdivision and subsection (g) of section 9-610, (i) on and after January 1, 2019, the candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds two hundred fifty dollars, and (ii) any such excess portion shall not be considered in calculating the aggregate contribution amounts under this subdivision, (B) all contributions received by (i) an exploratory committee established by said candidate, or (ii) an exploratory committee or candidate committee of a candidate for the office of Lieutenant Governor who is deemed to be jointly campaigning with a candidate for nomination or election to the office of Governor under subsection (a) of section 9-709, which meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amounts, and (C) in the case of a primary or election held in 2022, or thereafter, the two-hundred-fifty-dollar maximum individual contribution amount provided in subparagraph (A) of this subdivision shall be first adjusted under subdivision (1) of subsection (c) of this section and then rounded to the nearest multiple of ten dollars with exactly five dollars rounded upward.
(2) In the case of a candidate for nomination or election to the office of Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State, contributions from individuals in the aggregate amount of seventy-five thousand dollars, of which sixty-seven thousand five hundred dollars or more is contributed by individuals residing in the state, except that in the case of a primary or election for Lieutenant Governor held in 2022, or thereafter, the aggregate contribution amounts shall be first adjusted under subdivision (1) of subsection (b) of this section and then rounded to the nearest multiple of one hundred dollars with exactly fifty dollars rounded upward and in the case of a primary or election for Attorney General, State Comptroller, State Treasurer or Secretary of the State held in 2018, or thereafter, the aggregate contribution amounts shall be first adjusted under subdivision (2) of subsection (b) of this section and then rounded to the nearest multiple of one hundred dollars with exactly fifty dollars rounded upward. The provisions of this subdivision shall be subject to the following: (A) Except as provided in subparagraph (C) of this subdivision and subsection (g) of section 9-610, (i) on and after January 1, 2019, the candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds two hundred fifty dollars, and (ii) any such excess portion shall not be considered in calculating the aggregate contribution amounts under this subdivision, (B) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amounts, and (C) in the case of a primary or election held in 2022, or thereafter, the two-hundred-fifty-dollar maximum individual contribution amount provided in subparagraph (A) of this subdivision shall be first adjusted under subdivision (1) of subsection (c) of this section and then rounded to the nearest multiple of ten dollars with exactly five dollars rounded upward.
(3) In the case of a candidate for nomination or election to the office of state senator for a district, contributions from individuals in the aggregate amount of fifteen thousand dollars, including contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in said district, except that in the case of a primary or election held in 2018, or thereafter, the aggregate contribution amount shall be first adjusted under subdivision (3) of subsection (b) of this section and then rounded to the nearest multiple of one hundred dollars with exactly fifty dollars rounded upward. The provisions of this subdivision shall be subject to the following: (A) Except as provided in subparagraph (D) of this subdivision and subsection (g) of section 9-610, (i) on and after December 1, 2017, the candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds two hundred fifty dollars, and (ii) any such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, and (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least three hundred individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement, and (D) in the case of a primary or election held in 2020, or thereafter, the two-hundred-fifty-dollar maximum individual contribution amount provided in subparagraph (A) of this subdivision shall be adjusted under subdivision (2) of subsection (c) of this section and then rounded to the nearest multiple of ten dollars with exactly five dollars rounded upward.
(4) In the case of a candidate for nomination or election to the office of state representative for a district, contributions from individuals in the aggregate amount of five thousand dollars, including contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in said district, except that in the case of a primary or election held in 2018, or thereafter, the aggregate contribution amount shall be first adjusted under subdivision (3) of subsection (b) of this section and then rounded to the nearest multiple of one hundred dollars with exactly fifty dollars rounded upward. The provisions of this subdivision shall be subject to the following: (A) Except as provided in subparagraph (D) of this subdivision and subsection (g) of section 9-610, (i) on and after December 1, 2017, the candidate committee shall return the portion of any contribution or contributions from any individual, including said candidate, that exceeds two hundred fifty dollars, and (ii) any such excess portion shall not be considered in calculating the aggregate contribution amount under this subdivision, (B) no contribution shall be counted for the purposes of the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district unless the contribution is five dollars or more, (C) all contributions received by an exploratory committee established by said candidate that meet the criteria for qualifying contributions to candidate committees under this section shall be considered in calculating the aggregate contribution amount under this subdivision and all such exploratory committee contributions that also meet the requirement under this subdivision for contributions from at least one hundred fifty individuals residing in municipalities included, in whole or in part, in the district shall be counted for the purposes of said requirement, and (D) in the case of a primary or election held in 2020, or thereafter, the two-hundred-fifty-dollar maximum individual contribution amount provided in subparagraph (A) of this subdivision shall be adjusted under subdivision (2) of subsection (c) of this section and then rounded to the nearest multiple of ten dollars with exactly five dollars rounded upward.
(5) Notwithstanding the provisions of subdivisions (3) and (4) of this subsection, in the case of a special election for the office of state senator or state representative for a district, (A) the aggregate amount of qualifying contributions that the candidate committee of a candidate for such office shall be required to receive in order to be eligible for a grant from the Citizens' Election Fund shall be seventy-five per cent or more of the corresponding amount required under the applicable said subdivision (3) or (4), as adjusted and rounded pursuant to the applicable provisions of subsection (b) of this section, and (B) the number of contributions required from individuals residing in municipalities included, in whole or in part, in said district shall be seventy-five per cent or more of the corresponding number required under the applicable said subdivision (3) or (4).
(b) (1) (A) For elections for the office of Governor or Lieutenant Governor held in 2026, the aggregate contribution amounts in subdivision (1) or (2) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2026, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2017, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(B) For elections for the office of Governor or Lieutenant Governor held in 2030, and thereafter, the aggregate contribution amounts in subdivision (1) or (2) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than December 15, 2026, and quadrennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on December 1, 2016, and ending on November thirtieth in the year in which said adjustment is to be made.
(2) (A) For elections for the office of Attorney General, State Comptroller, State Treasurer or Secretary of the State held in 2026, the aggregate contribution amounts in subdivision (2) of subsection (a) of this section shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2026, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2017, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(B) For elections for the office of Attorney General, State Comptroller, State Treasurer or Secretary of the State held in 2030, and thereafter, the aggregate contribution amounts in subdivision (2) of subsection (a) of this section shall be adjusted by the State Elections Enforcement Commission not later than December 15, 2026, and quadrennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on December 1, 2016, and ending on November thirtieth in the year in which said adjustment is to be made.
(3) (A) For elections for the office of state senator or state representative held in 2018, and thereafter until December 31, 2025, the aggregate contribution amounts in subdivision (3) or (4) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2018, and biennially thereafter until December 31, 2025, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2017, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(B) For elections for the office of state senator or state representative held in 2026, and thereafter, the aggregate contribution amounts in subdivision (3) or (4) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than December 15, 2025, and biennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on December 1, 2016, and ending on November thirtieth in the year in which said adjustment is to be made.
(c) (1) (A) Subject to the provisions of subdivision (3) of this subsection, for elections for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State held in 2026, the two-hundred-fifty-dollar maximum individual contribution amount in subdivision (1) or (2) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2026, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2017, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(B) Subject to the provisions of subdivision (3) of this subsection, for elections for the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State held in 2030, and thereafter, the two-hundred-fifty-dollar maximum individual contribution amount in subdivision (1) or (2) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than December 15, 2026, and quadrennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on December 1, 2016, and ending on November thirtieth in the year in which said adjustment is to be made.
(2) (A) Subject to the provisions of subdivision (3) of this subsection, for elections for the office of state senator or state representative held in 2020, and thereafter until December 31, 2025, the two-hundred-fifty-dollar maximum individual contribution amount in subdivision (3) or (4) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than January 15, 2020, and biennially thereafter until December 31, 2025, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on January 1, 2017, and ending on December thirty-first in the year preceding the year in which said adjustment is to be made.
(B) Subject to the provisions of subdivision (3) of this subsection, for elections for the office of state senator or state representative held in 2026, and thereafter, the two-hundred-fifty-dollar maximum individual contribution amount in subdivision (3) or (4) of subsection (a) of this section, as applicable, shall be adjusted by the State Elections Enforcement Commission not later than December 15, 2025, and biennially thereafter, in accordance with any change in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the period beginning on December 1, 2016, and ending on November thirtieth in the year in which said adjustment is to be made.
(3) (A) Except as provided in subparagraph (B) of this subdivision, on and after December 15, 2025, the maximum individual contribution amount resulting from any adjustment made by the State Elections Enforcement Commission, pursuant to subdivision (1) or (2) of this subsection, as applicable, shall remain in effect until the immediately following adjustment is made by the commission, at which time a new maximum individual contribution amount shall take effect.
(B) In the event that any adjustment made by the State Elections Enforcement Commission, pursuant to subdivision (1) or (2) of this subsection, as applicable, results in a new maximum individual contribution amount that would be less than the maximum individual contribution amount that resulted from the immediately preceding adjustment, (i) such new maximum individual contribution amount shall not take effect, and (ii) the maximum individual contribution amount that resulted from the immediately preceding adjustment shall remain in effect until the next adjustment made by the commission pursuant to subdivision (1) or (2) of this subsection, as applicable.
(d) Each individual who makes a contribution of more than fifty dollars to a candidate committee established to aid or promote the success of a participating candidate for nomination or election shall include with the contribution a certification that contains the same information described in subdivision (3) of subsection (c) of section 9-608 and shall follow the same procedure prescribed in said subsection.
(e) (1) The following shall not be deemed to be qualifying contributions under subsection (a) of this section and shall be returned to the contributor by the treasurer of the candidate committee in accordance with the provisions of subdivision (2) of subsection (d) of section 9-706 or donated to a charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time:
(A) A contribution from a principal of a state contractor or prospective state contractor;
(B) A contribution of less than five dollars;
(C) A contribution under subdivision (1) or (2) of subsection (a) of this section from an individual who does not reside in the state, in excess of the applicable limit on contributions from out-of-state individuals in subsection (a) of this section; and
(D) A contribution made by a youth who is less than twelve years of age.
(2) A contribution of five dollars or more from an individual who does not provide the full name and complete address of such individual shall not be deemed to be a qualifying contribution under subsection (a) of this section and shall be returned to the contributor by the treasurer of the candidate committee, if practicable, or transmitted to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund.
(f) After a candidate committee receives the applicable aggregate amount of qualifying contributions under subsection (a) of this section, the candidate committee shall transmit any additional contributions that it receives to the State Treasurer for deposit in the Citizens' Election Fund.
(g) As used in this section, “principal of a state contractor or prospective state contractor” has the same meaning as provided in subsection (g) of section 9-612, and “individual” shall include sole proprietorships.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 5; P.A. 08-2, S. 16; July Sp. Sess. P.A. 10-1, S. 11, 12; P.A. 11-48, S. 292; P.A. 13-180, S. 12; June Sp. Sess. P.A. 17-2, S. 276; P.A. 23-205, S. 189; P.A. 25-26, S. 7.)
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. 08-2 amended Subsec. (b) to delete former provision re certification and require certification to contain same information described in Sec. 9-608(c)(3), and procedure prescribed therein to be followed, and amended Subsec. (c) to allow for transmission of nonqualifying contributions to State Elections Enforcement Commission for deposit in Citizens' Election Fund and, in Subdiv. (3), to include contribution of less than $5, effective April 7, 2008; July Sp. Sess. P.A. 10-1 amended Subsec. (c) by deleting former Subdiv. (1) prohibiting contributions from communicator lobbyists and by redesignating existing Subdivs. (2), (3) and (4) as Subdivs. (1), (2) and (3) and amended Subsec. (e) by deleting former Subdivs. (1) and (2) defining “communicator lobbyist” and “immediate family”, effective August 13, 2010; P.A. 11-48 amended Subsec. (c) by adding Subdiv. (4) re contribution made by a youth and amended Subsec. (e) by defining “individual” to include sole proprietorships, effective January 1, 2012, and applicable to primaries and elections held on or after that date; pursuant to P.A. 13-180, “campaign treasurer” was changed editorially by the Revisors to “treasurer” in Subsec. (c), effective June 18, 2013; June Sp. Sess. P.A. 17-2 substantially amended Subsec. (a) including by adding provisions re primary or election held in 2018, 2020 and 2022, adding reference to Sec. 9-610(g), and adding provisions re return of portion of contribution on and after December 1, 2017, and on and after January 1, 2019, added new Subsec. (b) re elections held in 2022 and 2018, added new Subsec. (c) re elections held in 2022 and 2020, redesignated existing Subsecs. (b) to (e) as Subsecs. (d) to (g), and made technical and conforming changes, effective October 31, 2017; P.A. 23-205 amended Subsec. (a)(1)(A) by deleting former clause (i) and redesignating existing clauses (ii) and (iii) as clauses (i) and (ii), amended Subsec. (a)(2)(A) by deleting former clause (i) and redesignating existing clauses (ii) and (iii) as clauses (i) and (ii), amended Subsec. (a)(3)(A) by deleting former clause (i) and redesignating existing clauses (ii) and (iii) as clauses (i) and (ii), amended Subsec. (a)(4)(A) by deleting former clause (i) and redesignating existing clauses (ii) and (iii) as clauses (i) and (ii) and amended Subsec. (b)(3) by designating existing provision as Subpara. (A), adding Subpara. (B) re 2024 state senate and state representative elections and adding exception re Subpara. (B) in Subpara. (A); P.A. 25-26 substantially revised Subsec. (b) re adjustment of aggregate contribution amounts, substantially revised Subsec. (c) re adjustment of maximum individual contribution amount and re whether and when such adjusted amounts take effect, and substantially revised Subsec. (e) re contributions not deemed qualifying contributions and return thereof to contributors or donation thereof to charitable organizations in redesignated Subdiv. (1) and return thereof to contributors or transmission thereof to commission in new Subdiv. (2), effective July 1, 2025.
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Sec. 9-706. Grant applications and payment. (a)(1)(A) A participating major party candidate for nomination to the office of Governor in 2026, or thereafter, may apply to the State Elections Enforcement Commission for a grant from the fund under the Citizens' Election Program for a convention campaign, after such candidate files the affidavit under section 9-703 certifying such candidate's intent to abide by the expenditure limits under said program.
(B) 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 (i) said party endorses the candidate for the office that the candidate is seeking, (ii) 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 (iii) 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.
(C) 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.
(5) Notwithstanding the provisions of this subsection, no candidate may apply to the State Elections Enforcement Commission for a grant from the fund under the Citizens' Election Program if such candidate has been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, any (A) criminal offense under this title unless at least eight years have elapsed from the date of the conviction or plea or the completion of any sentence, whichever date is later, without a subsequent conviction of or plea to another such offense, or (B) a felony related to the individual's public office, other than an offense under this title in accordance with subparagraph (A) of this subdivision.
(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, whenever practicable, 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 taken reasonable efforts to return all contributions or portions of contributions that do not meet the criteria for qualifying contributions under section 9-704 and has transmitted all excess qualifying contributions to the Citizens' Election Fund;
(5) The treasurer of the candidate committee will: (A) Comply with the provisions of chapter 155 and this chapter, and (B) maintain and furnish all records required pursuant to chapter 155 and this chapter 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 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;
(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;
(9) All outstanding civil penalties or forfeitures assessed pursuant to chapters 155 to 157, inclusive, against the current or any former committee of the candidate have been paid, provided (A) in the case of any candidate seeking nomination for or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer, any such penalty or forfeiture was assessed not later than twenty-four months prior to the submission of an application pursuant to this section; or (B) in the case of any candidate seeking nomination for or election to the office of state senator or state representative, any such penalty or forfeiture was assessed not later than twelve months prior to the submission of an application pursuant to this section;
(10) The treasurer has paid any civil penalties or forfeitures assessed pursuant to chapters 155 to 157, inclusive, and has not been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, any (A) felony involving fraud, forgery, larceny, embezzlement or bribery, or (B) criminal offense under this title, unless at least eight years have elapsed from the date of the conviction or plea or the completion of any sentence, whichever date is later, without a subsequent conviction of or plea to another such felony or offense;
(11) The candidate has not been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, a criminal offense under this title unless at least eight years have elapsed from the date of the conviction or plea or the completion of any sentence, whichever date is later, without a subsequent conviction of or plea to another such offense; and
(12) The candidate has never been convicted of or pled guilty or nolo contendere to, in a court of competent jurisdiction, a felony related to the individual's public office, other than a criminal offense under this title in accordance with subdivision (11) of this subsection.
(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 preceding the day the application is filed. Such accounting shall be sworn to under penalty of false statement by the 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 treasurer of the candidate committee shall sign the application.
(d) (1) In accordance with the provisions of subsection (g) of this section, the commission shall review the application and determine whether (A) the candidate committee for the applicant has received the required qualifying contributions, (B) in the case of an application for a grant from the fund for a convention 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, (C) 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, (D) 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 grant and complied with the provisions of subsections (b) and (c) of this section, and (E) 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.
(2) During such review of the application:
(A) If the commission deems a contribution received by the candidate committee not to be a qualifying contribution, the commission shall advise the treasurer of the candidate committee of such determination and cite the applicable reason and provision of law for such determination and shall return the contribution to such treasurer based on the information provided on the applicable contribution certification form;
(B) For purposes of deeming a contribution a qualifying contribution, there shall be a presumption that information provided on a contribution certification form is true and correct, which presumption may only be rebutted by proof to the contrary based on a prior investigative finding of the commission; and
(C) The commission shall not disqualify any contribution from being deemed a qualifying contribution for reason that (i) the residential address associated with such contribution does not match the billing address associated with such contribution, or (ii) such contribution was made in response to an electronically shared link to a fundraising Internet web site or invitation to a fundraising event.
(3) 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. In so notifying the State Comptroller, the commission shall (A) ensure that the qualified candidate committee of an applicant is entitled to a full grant for the general election campaign only if (i) the applicant's written certification under subsection (b) of this section affirms that such committee received the required qualifying contributions under section 9-704 prior to the seventieth day before the election, and (ii) the cumulative itemized accounting under subsection (c) of this section demonstrates that the applicant reasonably believes such written certification to be true and correct, and (B) advise the State Comptroller accordingly. If the timing of the commission's approval of the grant for a primary campaign or general election campaign 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 primary campaign or general election campaign 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 thirty days following notification by the commission in the case of a convention campaign grant, or not later than two business days following notification by the commission in the case of any other grant, 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) (1) The State Elections Enforcement Commission shall (A) 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, and (B) on or after July 1, 2021, amend such regulations to permit expenditures for child care services.
(2) After the amendment of regulations pursuant to subparagraph (B) of subdivision (1) of this subsection, expenditures for child care services made by the qualified candidate committee of a participating candidate shall be deemed permissible if such expenditures (A) are, in the aggregate, not more than the amount of qualifying contributions permitted under section 9-704, and (B) comply with all regulations adopted or amended, as applicable, pursuant to subdivision (1) of this subsection.
(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) (A) In the case of any application submitted pursuant to subparagraph (A) of subdivision (1) of subsection (a) of this section for a convention campaign grant by a participating major party candidate seeking nomination to the office of Governor, not later than ten business days following receipt of such submission, the commission shall review such application in accordance with the provisions of subsection (d) of this section and determine whether such application shall be approved or disapproved.
(B) Any application submitted pursuant to this section for a primary campaign grant or general election campaign grant shall be submitted in accordance with the following schedule: (i) By five o'clock p.m. on the third Wednesday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election, or (ii) by five o'clock p.m. on any subsequent Wednesday 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 five business days following any such Wednesday or Friday, as applicable, for participating candidates seeking nomination or election to the office of state senator or state representative, or ten business days following any such Wednesday or Friday, as applicable, for participating candidates seeking nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State 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 Wednesday or Friday, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. Notwithstanding the provisions of this subdivision, if an application for a general election grant is received during the period beginning at five o'clock p.m. on the Wednesday of the week preceding the week of the last primary application deadline and ending five o'clock p.m. on the last primary application deadline, as set forth in this subdivision, the commission shall review such application in accordance with the provisions of subsection (d) of this section and determine whether such application shall be approved or disapproved not later than five business days or ten business days, as applicable, after the first application deadline following the last primary application deadline. For any such application that is approved, any disbursement of funds by the commission 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 primary campaign and general election campaign 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 by the commission 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; P.A. 11-48, S. 293, 294; P.A. 13-180, S. 12, 26, 27; P.A. 21-49, S. 2; P.A. 23-205, S. 180–182; P.A. 25-26, S. 8.)
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; P.A. 11-48 amended Subsec. (c) by replacing “before the applicable application deadline contained in subsection (g) of this section” with “preceding the day the application is filed”, and amended Subsec. (g) by making technical changes and in Subdiv. (1), by replacing “Thursday” with “Wednesday”, by replacing “four business days” with “five business days” re candidates for offices of state senator or state representative, by adding language re ten business days for candidates seeking nomination to offices of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State and by adding provision re application for general election grant received during certain period, effective January 1, 2012, and applicable to primaries and elections held on or after that date; P.A. 13-180 amended Subsec. (a) by adding Subdiv. (5) re prohibition against applying for grant for candidates convicted of or who have pled guilty or nolo contendere to certain offenses and amended Subsec. (b) by adding Subdivs. (9) to (12) re penalties, convictions or pleas and replacing “campaign treasurer” with “treasurer”, effective June 18, 2013; pursuant to P.A. 13-180, “campaign treasurer” was changed editorially by the Revisors to “treasurer” in Subsec. (c), effective June 18, 2013; P.A. 21-49 amended Subsec. (e) to designate existing provisions as Subdiv. (1), designate existing provision re adoption of regulations as Subdiv. (1)(A), add Subdiv. (1)(B) re amendment of such regulations and add Subdiv. (2) re expenditures for childcare services, effective July 1, 2021; P.A. 23-205 amended Subsec. (a)(1) by adding new Subpara. (A), redesignating existing provision re post-convention application for primary campaign grant as new Subpara. (B), redesignating existing provision re commission making grants as new Subpara. (C), redesignating existing Subparas. (A) to (C) as new clauses (i) to (iii) and redesignating existing clauses (i) and (ii) as clauses (iii)(I) and (II), amended Subsec. (d) by adding new Subdiv. (2) re application for convention campaign grant, redesignating existing Subdivs. (2) to (4) as new Subdivs. (3) to (5), adding requirement that Comptroller draw payment order not later than 30 days after convention campaign grant notification and making technical changes, and amended Subsec. (g) by adding new Subdiv. (1) re application for convention campaign grants, redesignating former Subdiv. (1) as new Subdiv. (2), and making technical changes (Revisor's note: In Subsec. (g), new Subdivs. (1) and (2) were redesignated editorially by the Revisors as Subdiv. (1)(A) and (B), respectively, and former Subdiv. (1)(A) and (B) as Subpara. (B)(i) and (ii), respectively, to conform with existing Subdiv. (2)); P.A. 25-26 amended Subsec. (b) by adding “, whenever practicable,” in Subdiv. (3) and replacing “returned” with “taken reasonable efforts to return” and adding “has” before “transmitted” in Subdiv. (4) and amended Subsec. (d) by designating existing provisions re commission's review of candidate committee grant application and determination of eligibility as Subdiv. (1) and redesignating existing Subdivs. (1) to (5) as Subparas. (A) to (E) therein, adding new Subdiv. (2) re commission's determinations of whether contributions are qualifying contributions during review of grant application and designating existing provisions re commission's approval of grant application and authorization of payment as new Subdiv. (3) and adding provisions re commission's ensuring qualifying candidate committee is entitled to full grant and accordingly advising Comptroller therein, effective July 1, 2025.
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Sec. 9-720. List of documentation and internal records necessary for compliance with audit; inclusion in certain guidance documents. On and after January 1, 2026, the State Elections Enforcement Commission shall (1) issue and publish a complete and detailed list of all documentation and internal records that a treasurer of a qualified candidate committee, as defined in section 9-700, is required to maintain and furnish for the purpose of complying with any audit conducted by the commission pursuant to subdivision (5) of subsection (a) of section 9-7b, and (2) include such list in each guidance document that exceeds forty pages in length, or the equivalent thereof for nonpaginated material, relating to the requirements of this chapter issued and published by the commission. Such list shall consist only of documentation and internal records that are required by statute, regulation, declaratory ruling or advisory opinion to be so maintained and furnished. No treasurer shall be liable for failing to maintain or furnish any documentation or internal record that is not contained in such list.
(P.A. 25-26, S. 5.)
History: P.A. 25-26 effective July 1, 2025.
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Sec. 9-750. Portion of revenues from tax under chapter 208 to be deposited in Citizens' Election Fund if insufficiency in fund. Deduction from amount deposited. If, (1) for the fiscal year ending June 30, 2006, or any fiscal year thereafter, the amount of funds available under section 3-69a for deposit in the Citizens' Election Fund established in section 9-701 is less than the amount of funds required under section 3-69a to be deposited in said fund, resulting in an insufficiency in the amount of the deposit, or (2) during an election cycle the amount of funds in the Citizens' Election Fund is less than the amount of funds required to provide grants to each qualified candidate committee pursuant to the provisions of this chapter, resulting in an insufficiency in said fund, a portion of the revenues from the tax imposed under chapter 208, equal to the amount of any insufficiency described in subdivision (1) or (2) of this section, shall be deposited in said fund to allow for the payment of grants pursuant to the provisions of this chapter.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 52; P.A. 14-78, S. 1; P.A. 23-205, S. 188; P.A. 25-134, S. 16.)
History: Oct. 25 Sp. Sess. P.A. 05-5 effective January 1, 2006; P.A. 14-78 designated existing provisions as Subsec. (a) and amended same to designate existing language re deposit from funds available under Sec. 3-69a as Subdiv. (1) and add provision re insufficiency therein, add Subdiv. (2) re insufficiency during an election cycle and add language re deposits to allow for payment of grants, and added Subsec. (b) re deduction from deposit amount for the following fiscal year, effective June 3, 2014, and applicable to primaries and elections held on or after that date; P.A. 23-205 deleted Subsec. (a) designator and deleted Subsec. (b), effective July 1, 2025; P.A. 25-134 made a technical change in Subdiv. (1), effective July 1, 2025.
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