Connecticut 2024 Regular Session Status: In Committee 3 R cosponsors

SB 392 — AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES AND STATE ELECTIONS ENFORCEMENT COMMISSION COMPLAINTS.

Last action — FILE NO. 430

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

161 added · 19 removed

161 line(s) added, 19 removed.

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General Assembly Substitute Bill No.
Senate General Assembly File No.
392 February Session, 2024 AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES AND STATE ELECTIONS ENFORCEMENT COMMISSION COMPLAINTS.
430 February Session, 2024 Substitute Senate Bill No.
392 Senate, April 11, 2024 The Committee on Government Administration and Elections reported through SEN.
FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES AND STATE ELECTIONS ENFORCEMENT COMMISSION COMPLAINTS.
[(2)] (B) A contribution of less than five dollars, and a contribution of five dollars or more from an individual who does not provide the full name and complete address of the individual;
sSB392 / File No.
[(3)] (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 LCO 1 of 6 Substitute Bill No.
430 1 sSB392 File No.
392 individuals in subsection (a) of this section;
430 [(2)] (B) A contribution of less than five dollars, and a contribution of five dollars or more from an individual who does not provide the full name and complete address of the individual;
[(3)] (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;
(d) In accordance with the provisions of subsection (g) of this section, the commission shall review the application [,] and determine whether (1) the candidate committee for the applicant has received the required qualifyingcontributions,(2)inthecaseofanapplicationforagrantfrom 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, (3) 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, (4) 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 (5) 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 LCO 2 of 6 Substitute Bill No.
(d) In accordance with the provisions of subsection (g) of this section, the commission shall review the application [,] and determine whether (1) the candidate committee for the applicant has received the required qualifyingcontributions,(2)inthecaseofanapplicationforagrantfrom 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, (3) 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, sSB392 / File No.
392 applicant qualifies as an eligible minor party candidate or an eligible petitioning party candidate, whichever is applicable.
430 2 sSB392 File No.
430 (4) 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 (5) 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.
Sec.
sSB392 / File No.
430 3 sSB392 File No.
430 Sec.
(b) A contribution in the form of a check drawn on a joint bank account shall, for the purpose of allocation, be deemed to be a LCO 3 of 6 Substitute Bill No.
(b) A contribution in the form of a check drawn on a joint bank account shall, for the purpose of allocation, be deemed to be a contribution made by the individual who signed the check, except such contribution shall be allocated in accordance with the provisions of a signedstatement,ifany,fromtheholdersofsuchjointbankaccount that indicates how such contribution should be differently allocated.
392 contribution made by the individual who signed the check, except such contribution shall be allocated in accordance with the provisions of a signedstatement,ifany,fromtheholdersofsuchjointbankaccount that indicates how such contribution should be differently allocated.
(d)No individualshall make acontribution,other thana contribution in kind, to (1) any candidate or candidate committee [, other than a contribution in kind,] in excess of one hundred dollars except by personal check or credit card of [that] such individual, including through the mobile application electronic payment service account of such individual as provided under subsection (b) of section 9-606, as amended by this act, and (2) any other committee in excess of one hundred dollars except by personal check or credit card of such individual.
(d)No individualshallmake acontribution,other thana contribution in kind, to (1) any candidate or candidate committee [, other than a contribution in kind,] in excess of one hundred dollars except by personal check or credit card of [that] such individual, including through the mobile application electronic payment service account of such individual as provided under subsection (b) of section 9-606, as sSB392 / File No.
430 4 sSB392 File No.
430 amended by this act, and (2) any other committee in excess of one hundred dollars except by personal check or credit card of such individual.
Subdivision (1) of subsection (g) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof LCO 4 of 6 Substitute Bill No.
Subdivision (1) of subsection (g) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
392 (Effective from passage):
If commission staff engages a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision but is unable to speedily resolve any such matter described in said subparagraph by the forty-fifth day following receipt of the complaint, such staff shall docket such complaint for a determination by the commission that probable cause or no probable cause exists for any violationof state electionlaw.If thecommissiondoesnot,by thesixtieth day following receipt of the complaint, either issue a decision or render its determinationthatprobable cause or no probable cause exists for any violation of state election laws, the complainant or respondent may apply to the superior court for the judicial district of Hartford for an order to show cause why the commission has not acted upon the complaint and to provide evidence that the commission has unreasonably delayed action.
If commission staff engages a respondent pursuant to subparagraph [(B)] (A)(ii) of this subdivision but is unable to speedily resolve any such matter described in said subparagraph by the forty-fifth day following receipt of the complaint, such staff shall docket such complaint for a determination by the commission that probable cause or no probable cause exists for any violationofstate electionlaw.If thecommissiondoesnot,by thesixtieth day following receipt of the complaint, either issue a decision or render its determinationthatprobable cause or no probable cause exists for any violation of state election laws, the complainant or respondent may apply to the superior court for the judicial district of Hartford for an order to show cause why the commission has not acted upon the complaint and to provide evidence that the commission has unreasonably delayed action.
For any complaint received on or after January 1, 2018, if the commission does not, by one year following receipt ofsuch complaint, issuea decisionthereon,thecommission shall dismisssuch complaint, providedthelengthoftime ofany delay caused by [(i)] (I) the commission or commission staff granting any extension or continuance to a respondent prior to the issuance of any such decision, [(ii)] (II) any subpoena issued in connection with such complaint, [(iii)] (III) any litigation in state or federal court related to LCO 5 of 6 Substitute Bill No.
For any complaint received on or after January 1, 2018, if the commission does not, by one year following receipt ofsuch complaint, issuea decisionthereon, thecommission shall sSB392 / File No.
392 such complaint, or [(iv)] (IV) any investigation by, or consultation of the commission or commission staff with, the Chief State's Attorney, the Attorney General, the United States Department of Justice or the United States Attorney for Connecticut related to such complaint, shall be added to such one year.
430 5 sSB392 File No.
430 dismisssuch complaint, providedthelengthoftime ofany delay caused by [(i)] (I) the commission or commission staff granting any extension or continuance to a respondent prior to the issuance of any such decision, [(ii)] (II) any subpoena issued in connection with such complaint, [(iii)] (III) any litigation in state or federal court related to such complaint, or [(iv)] (IV) any investigation by, or consultation of the commission or commission staff with, the Chief State's Attorney, the Attorney General, the United States Department of Justice or the United States Attorney for Connecticut related to such complaint, shall be added to such one year.
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430 6 sSB392 File No.
430 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 25 $ FY 26 $ Resources of the Citizens' CEF - Revenue Minimal Minimal Election Fund Loss Note:
CEF=Citizens' Election Fund Municipal Impact:
None Explanation The bill makes a variety of changes around campaign donation requirements to qualify for the Citizen's Election Program (CEP) and results in the minimal revenue loss described below.
The bill changes existing requirements for the return of non- qualifying campaign contributions, and results in a minimal revenue loss within the Citizens Election Fund (CEF).
The impact of the revenue losswill depend onthe number ofcontributionsthat didnot qualify and will have to be returned.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
sSB392 / File No.
430 7 sSB392 File No.
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430 OLR Bill Analysis sSB 392 AN ACT CONCERNING TREASURERS OF CANDIDATE COMMITTEES AND STATE ELECTIONS ENFORCEMENT COMMISSION COMPLAINTS.
SUMMARY This bill makes several changes to campaign finance laws.
It requires contributions that do not meet the law’s criteria for being a qualifying contribution (QC) for the Citizens’ Election Program (CEP) to be returned by treasurers to their contributors.
It correspondingly eliminates the option to deposit them into the Citizens’ Election Fund (CEF) (§§ 1 & 2).
The bill also allows individuals to make contributions to candidate committees through mobile application electronic payment services (e.g.,PayPal).Currentlawgenerallyrequiresthatcontributionsbemade by personal check or credit card (§§ 3 & 4).
Lastly, the bill requires the State Elections Enforcement Commission (SEEC) to issue a decision on or dismiss complaints before the day of an election if the complaint relates to that election and is received within 90 days before it (§ 5).
EFFECTIVE DATE:
Upon passage §§ 1 & 2 — RETURN OF CONTRIBUTIONS The law allows candidates for legislative and statewide office to seek public campaign financing by participating in the CEP.
To qualify, a candidate must raise an aggregate amount of QCs and apply to SEEC for a grant.
QCs must come from an individual donor and meet certain other criteria (see below).
If a candidate committee receives a contribution that does not meet sSB392 / File No.
430 8 sSB392 File No.
430 the QC criteria, current law authorizes treasurers to either (1) return it to the contributor or (2) submit it to SEEC for deposit in the CEF (which funds the CEP).
The bill eliminates the option to deposit it in the fund andinsteadrequires thatthecontributionbereturnedtothecontributor.
For contributions submitted to SEEC as part of a CEP grant application, the bill similarly requires the commission to (1) notify the candidate committee of any contribution that does not meet the QC criteria and (2) return any disqualified contributions to the committee.
Under the bill, SEEC must also cite the applicable statutory reason for the determination.
By law and unchanged by the bill, a contribution is not a QC if (1) it is from a principal of a state contractor or prospective state contractor, (2) it is less than $5, (3) the contributor does not provide his or her full name and address, (4) it is from an out-of-state resident to a candidate for statewide office and exceeds the applicable limit on out-of-state contributions, or (5) the contributor is younger than 12 years old.
§§ 3 & 4 — CONTRIBUTIONS MADE THROUGH MOBILE APPLICATIONS Under current law, individuals who contribute more than $100 to candidate or other committees (e.g., political committees) must do so by personal check or credit card.
The bill creates an exception for candidate committees by allowing them to accept contributions through mobile application electronic payment service accounts (e.g., PayPal) as long as the source of the contribution is a personal checking account or credit card.
Under the bill, the contributions must also comply with certain campaign finance reporting requirements.
For example, existing law requires individuals making contributions exceeding $50 in the aggregate to a candidate or exploratory committee for legislative or statewide office, a political committee that may contribute to these committees, or a party committee to disclose to the treasurer:
1.
the contributor’s employer;
sSB392 / File No.
430 9 sSB392 File No.
430 2.
the contributor’s status as a communicator lobbyist, immediate family of a communicator lobbyist, a state contractor, a prospective state contractor, or a state contractor’s or prospective state contractor’s principal;
and 3.
a certification that they are not prohibited from contributing.
The law prohibits the treasurer from depositing these contributions without this certification.
§ 5 — SEEC COMPLAINTS By law, SEEC receives complaints from the secretary of the state, registrars of voters, town clerks, and individuals under oath about alleged election law violations.
Generally, SEEC must dismiss a complaint for which it has not issued a decision within one year after receiving it, and the law sets various procedural requirements and deadlines that the commission must follow when investigating complaints (see BACKGROUND).
The bill creates an exception for complaints filed in the 90 days immediately before an election alleging a violation relating to that election.
It requires SEEC to issue a decision on or dismiss these complaints before the day of the election.
BACKGROUND SEEC Complaints The law requires SEEC to conduct and complete a preliminary examination within 14 days after receiving a complaint.
At that time, SEEC may (1) dismiss the complaint, (2) attempt to speedily resolve the matter with the respondent, or (3) investigate and docket the complaint for a probable cause determination.
If a complaint cannot be resolved within 45 days after receipt, then SEEC must docket it for a probable cause determination.
If the commission fails to issue a decision or make a probable cause determination within 60 days after receiving the complaint, the complainant or respondent may apply to Hartford Superior Court for sSB392 / File No.
430 10 sSB392 File No.
430 an order to show cause as to why the complaint has not been resolved and to provide evidence that SEEC has unreasonably delayed action.
Generally, SEEC must dismiss a complaint for which it has not issued a decision within one year after receiving it.
This deadline may be extended under certain circumstances (e.g., an investigation by or consultation with certain law enforcement entities).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 19 Nay 0 (03/26/2024) sSB392 / File No.
430 11
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Action History

  1. FILE NO. 430

  2. SENATE CALENDAR NUMBER 266

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/10/24

  6. FILED WITH LCO

  7. Joint Favorable

  8. PUBLIC HEARING 0313

  9. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 184 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (184)

184 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 392?
SB 392 is sponsored by Rob Sampson (Republican), Gale L. Mastrofrancesco (Republican), and Anne Dauphinais (Republican).
What is the current status of SB 392?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 392?
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