Bill Summary – FastDemocracy

General Assembly                     Raised Bill No. 488
       February Session, 2020              LCO No. 3112
     Referred to Committee on GOVERNMENT ADMINISTRATION
     AND ELECTIONS
     Introduced by:
       (GAE)
 AN ACT CONCERNING THE STATE ELECTIONS ENFORCEMENT
 COMMISSION AND CERTAIN CAMPAIGN FINANCE STATUTES.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 9-621 of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective July 1, 2020):
      (a) [No] (1) Except as provided in subdivision (2) of this subsection,
   no individual shall make or incur any expenditure with the consent of,
   in coordination with or in consultation with any candidate, candidate
   committee or candidate's agent, no group of two or more individuals
   acting together that receives funds or makes or incurs expenditures not
   exceeding one thousand dollars in the aggregate and has not formed a
   political committee shall make or incur any expenditure, and no
   candidate or committee shall make or incur any expenditure including
   an organization expenditure for a party candidate listing, as defined in
   subparagraph (A) of subdivision (25) of section 9-601, for any written,
   typed or other printed communication, or any web-based, written
   communication, which promotes the success or defeat of any
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 candidate's campaign for nomination at a primary or election or
 promotes or opposes any political party or solicits funds to benefit any
 political party or committee unless such communication bears upon its
 face as a disclaimer [(1)] (A) the words "paid for by" and the following:
 [(A)] (i) In the case of such an individual, the name and address of such
 individual; [(B)] (ii) in the case of a committee other than a party
 committee, the name of the committee and its treasurer; [(C)] (iii) in the
 case of a party committee, the name of the committee; or [(D)] (iv) in the
 case of a group of two or more individuals that receives funds or makes
 or incurs expenditures not exceeding one thousand dollars in the
 aggregate and has not formed a political committee, the name of the
 group and the name and address of its agent, and [(2)] (B) the words
 "approved by" and the following: [(A)] In the case of an individual,
 group or committee [other than a candidate committee] making or
 incurring an expenditure with the consent of, in coordination with or in
 consultation with any candidate, candidate committee or candidate's
 agent, the name of the candidate, [; or (B) in the case of a candidate
 committee, the name of the candidate.] except that the provisions of this
 subparagraph shall not apply to any candidate committee or town
 committee;
    (2) In the case of a candidate who appears on any written, typed or
 other printed communication, or any web-based written
 communication, which solicits funds to benefit any political committee
 or party committee, such communication shall not be required to bear
 upon its face any disclaimer described in subdivision (1) of this
 subsection, provided such communication shall not promote the success
 of such candidate's campaign for nomination or election or promote the
 defeat of the campaign for nomination or election of any opponent of
 such candidate.
   (b) [In addition to the requirements of subsection (a) of this section:]
    (1) No candidate or candidate committee or exploratory committee
 established by a candidate shall make or incur any expenditure for
 television advertising or Internet video advertising, which promotes the
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 success of such candidate's campaign for nomination at a primary or
 election or the defeat of another candidate's campaign for nomination at
 a primary or election, unless, as a disclaimer, (A) at the end of such
 advertising there appears simultaneously, for a period of not less than
 four seconds, except as provided in subdivision (2) of this subsection, (i)
 a clearly identifiable photographic or similar image of the candidate
 making such expenditure, (ii) a clearly readable printed statement
 identifying such candidate, and indicating that such candidate has
 approved the advertising, and (iii) a simultaneous, personal audio
 message, in the following form: "I am .... (candidate's name) and I
 approved this message", and (B) the candidate's name and image appear
 in, and the candidate's voice is contained in, the narrative of the
 advertising, before the end of such advertising;
    (2) In the case of any expenditure for television advertising or Internet
 video advertising described in subdivision (1) of this subsection, if such
 advertising is less than thirty seconds in duration, the disclaimer
 required under said subdivision may appear for a period of not less than
 two seconds.
   (c) (1) In addition to the requirements of subsection (a) of this section:
    [(2)] (A) No candidate or candidate committee or exploratory
 committee established by a candidate shall make or incur any
 expenditure for radio advertising or Internet audio advertising, which
 promotes the success of such candidate's campaign for nomination at a
 primary or election or the defeat of another candidate's campaign for
 nomination at a primary or election, unless, as a disclaimer, [(A)] (i) the
 advertising ends with a personal audio statement by the candidate
 making such expenditure [(i)] (I) identifying such candidate and the
 office such candidate is seeking, and [(ii)] (II) indicating that such
 candidate has approved the advertising in the following form: "I am ....
 (candidate's name) and I approved this message", and [(B)] (ii) the
 candidate's name and voice are contained in the narrative of the
 advertising, before the end of such advertising; and
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                                                          Raised Bill No.   488
    [(3)] (B) No candidate or candidate committee or exploratory
 committee established by a candidate shall make or incur any
 expenditure for automated telephone calls which promote the success
 of such candidate's campaign for nomination at a primary or election or
 the defeat of another candidate's campaign for nomination at a primary
 or election, unless the candidate's name and voice are contained in the
 narrative of the call, before the end of such call.
    (2) Notwithstanding the provisions of this subsection, in the case of
 any expenditure made or incurred by a candidate or candidate
 committee or exploratory committee established by a candidate, which
 expenditure (A) is for any telephone communication other than a call,
 and (B) promotes the success of such candidate's campaign for
 nomination at a primary or election or the defeat of another candidate's
 campaign for nomination at a primary or election, such candidate or
 committee may list the name of such candidate and provide a link to an
 Internet web site that displays all information otherwise required to be
 included in any disclaimer under this subsection in lieu of displaying
 any such disclaimer upon such communication.
    [(c)] (d) No business entity, organization, association, committee, or
 group of two or more individuals who have joined solely to promote the
 success or defeat of a referendum question shall make or incur any
 expenditure for any written, typed or other printed communication
 which promotes the success or defeat of any referendum question unless
 such communication bears upon its face, as a disclaimer, the words
 "paid for by" and the following: (1) In the case of a business entity,
 organization or association, the name of the business entity,
 organization or association and the name of its chief executive officer or
 equivalent, and in the case such communication is made during the
 ninety-day period immediately prior to the referendum, such
 communication shall also bear on its face the names of the five persons
 who made the five largest aggregate covered transfers to such business
 entity, organization or association during the twelve-month period
 immediately prior to such referendum. The communication shall also
 state that additional information about the business entity, organization
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                                                           Raised Bill No.   488
 or association making such communication may be found on the State
 Elections Enforcement Commission's Internet web site; (2) in the case of
 a political committee, the name of the committee and the name of its
 treasurer; (3) in the case of a party committee, the name of the
 committee; or (4) in the case of such a group of two or more individuals,
 the name of the group and the name and address of its agent.
    [(d)] (e) The provisions of subsections (a) [, (b) and (c)] to (d),
 inclusive, of this section do not apply to (1) any editorial, news story, or
 commentary published in any newspaper, magazine or journal on its
 own behalf and upon its own responsibility and for which it does not
 charge or receive any compensation whatsoever, (2) any banner, (3)
 political paraphernalia including pins, buttons, badges, emblems, hats,
 bumper stickers or other similar materials, or (4) signs with a surface
 area of not more than thirty-two square feet.
    [(e)] (f) The treasurer of a candidate committee which sponsors any
 written, typed or other printed communication for the purpose of
 raising funds to eliminate a campaign deficit of that committee shall
 include in such communication a statement that the funds are sought to
 eliminate such a deficit.
    [(f)] (g) The treasurer of an exploratory committee or candidate
 committee established by a candidate for nomination or election to the
 office of Treasurer which committee sponsors any written, typed or
 other printed communication for the purpose of raising funds shall
 include in such communication a statement concerning the prohibitions
 set forth in subsection (n) of section 1-84, subsection (e) of section 9-612
 and subsection (f) of section 9-613.
    [(g)] (h) In the event a treasurer of a candidate committee is replaced
 pursuant to subsection (c) of section 9-602, nothing in this section shall
 be construed to prohibit the candidate committee from distributing any
 printed communication subject to the provisions of this section that has
 already been printed or otherwise produced, even though such
 communication does not accurately designate the successor treasurer of
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 such candidate committee.
    [(h)] (i) (1) No person shall make or incur an independent
 expenditure for any written, typed or other printed communication,
 including on a billboard, or any web-based, written communication,
 unless such communication bears upon its face, as a disclaimer, the
 words "Paid for by" and the name of such person and the following
 statement: "This message was made independent of any candidate or
 political party.". In the case of a person making or incurring such an
 independent expenditure during the ninety-day period immediately
 prior to the primary or election for which the independent expenditure
 is made, such communication shall also bear upon its face the names of
 the five persons who made the five largest aggregate covered transfers
 to the person making such communication during the twelve-month
 period immediately prior to such primary or election, as applicable. The
 communication shall also state that additional information about the
 person making such communication may be found on the State
 Elections Enforcement Commission's Internet web site.
    (2) In addition to the requirements of subdivision (1) of this
 subsection, no person shall make or incur an independent expenditure
 for a video broadcast by television, satellite or Internet, unless at the end
 of such advertising there appears for a period of not less than four
 seconds as a disclaimer, the following as an audio message and a written
 statement: "This message was paid for by (person making the
 communication) and made independent of any candidate or political
 party.". In the case of a person making or incurring such an independent
 expenditure during the ninety-day period immediately prior to the
 primary or election for which the independent expenditure is made,
 such communication shall also list the names of the five persons who
 made the five largest aggregate covered transfers to the person making
 such communication during the twelve-month period immediately
 prior to such primary or election, as applicable. The communication
 shall also state that additional information about the person making
 such communication may be found on the State Elections Enforcement
 Commission's Internet web site.
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    (3) In addition to the requirements of subdivision (1) of this
 subsection, no person shall make or incur an independent expenditure
 for an audio communication broadcast by radio, satellite or Internet,
 unless the advertising ends with a disclaimer that is a personal audio
 statement by such person's agent (A) identifying the person paying for
 the expenditure, and (B) indicating that the message was made
 independent of any candidate or political party, using the following
 form: "I am .... (name of the person's agent), .... (title), of .... (the person).
 This message was made independent of any candidate or political
 party.". In the case of a person making or incurring such an independent
 expenditure during the ninety-day period immediately prior to the
 primary or election for which the independent expenditure is made,
 such communication shall state the names of the five persons who made
 the five largest aggregate covered transfers to the person making such
 communication during the twelve-month period immediately prior to
 such primary or election, as applicable. The communication shall also
 state that additional information about the person making such
 communication may be found on the State Elections Enforcement
 Commission's Internet web site.
    (4) In addition to the requirements of subdivision (1) of this
 subsection, no person shall make or incur an independent expenditure
 for telephone calls, unless the narrative of the telephone call identifies
 the person making the expenditure and during the ninety-day period
 immediately prior to the primary or election for which the independent
 expenditure is made, such communication shall state the names of the
 five persons who made the five largest aggregate covered transfers to
 the person making such communication during the twelve-month
 period immediately prior to such primary or election, as applicable. The
 communication shall also state that additional information about the
 person making such communication may be found on the State
 Elections Enforcement Commission's Internet web site.
   [(i)] (j) In any print, television or social media promotion of a slate of
 candidates by a party committee, the party committee shall use
 applicable disclaimers pursuant to the provisions of this section for such
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 promotion, and no individual candidate disclaimers shall be required.
    [(j)] (k) (1) Except as provided in subdivisions (2) and (3) of this
 subsection, if any person whose name is included on a disclaimer of a
 communication pursuant to the provisions of this section, as a person
 who made a covered transfer to the maker of the communication, is also
 a recipient of a covered transfer, the maker of the communication, as
 part of any report filed pursuant to section 9-601d associated with the
 making of such communication, shall include the names of the five
 persons who made the top five largest aggregate covered transfers to
 such recipient during the twelve-month period immediately prior to the
 primary or election, as applicable.
    (2) The name of any person who made a covered transfer to a tax-
 exempt organization recognized under Section 501(c)(4) of the Internal
 Revenue Code of 1986, or any subsequent corresponding internal
 revenue code of the United States, as amended from time to time, that
 has not had its tax exempt status revoked, shall not be disclosed
 pursuant to the provisions of subdivision (1) of this subsection.
    (3) The name of any person who made a covered transfer to a person
 whose name is included on a disclaimer pursuant to the provisions of
 this section shall no