State Codes and Statutes

Statutes > Connecticut > Title9 > Chap157 > Sec9-713

      Sec. 9-713. Excess expenditures: Payment of additional moneys to opposing participating candidates. (a) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceed one hundred per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after the commission's determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received or expenditures made, or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (b) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred twenty-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (c) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred fifty per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (d) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (e) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the sum of (1) the amount of the applicable qualifying contributions that a candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) the amount of the applicable grant for said participating candidates for said campaign authorized under section 9-705, the State Elections Enforcement Commission shall immediately notify the State Comptroller and said participating candidates and shall process a voucher equal to the amount of such excess expenditure utilizing the State Comptroller's accounting system. Any such voucher shall be processed by the commission not later than two business days after its determination that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in such excess amounts. The State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the expenditures of the nonparticipating candidate or upon request for review by said participating candidate. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection. No participating candidate shall receive more than one payment of moneys under this section for any campaign. Notwithstanding the provisions of this subsection, if the State Comptroller receives a notice described in this subsection from the State Elections Enforcement Commission within the seven-day period preceding a primary or an election or if such additional moneys are held in escrow within the Citizens' Election Fund for the benefit of the candidate committee of any such participating candidate on the seventh day prior to the day of a primary or an election, the State Comptroller (A) shall not hold any such additional moneys in escrow within the Citizens' Election Fund, and (B) shall immediately pay such additional moneys to the candidate committee of each such participating candidate.

      (f) If, during the ninety-six-hour period beginning at five o'clock p.m. on the Thursday preceding the day of a primary or an election, the commission receives a notice from a participating candidate that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, which exceed one hundred per cent, one hundred twenty-five per cent, one hundred fifty per cent, or one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election period, as defined in subdivision (1) of subsection (b) of section 9-712, by an opposing candidate that have not yet been reported to the commission, the commission shall expeditiously review such notice and notify the State Comptroller, who shall immediately process a voucher, utilizing the State Comptroller's accounting system. The amount of such additional moneys for each such participating candidate shall be equivalent to the applicable grant that would be received pursuant to subsection (a), (b), (c), or (d) of this section. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection.

      (g) The maximum aggregate amount of moneys that the qualified candidate committee of a participating candidate shall receive under subsections (a) to (f), inclusive, of this section for a primary campaign or a general election campaign to match excess expenditures by an opposing candidate shall not exceed (1) the highest amount of excess expenditures by an opposing candidate during said campaign, or (2) the amount of the applicable grant authorized under section 9-705 for said participating candidate for the campaign, whichever is less.

      (Oct. 25 Sp. Sess. P.A. 05-5, S. 14; P.A. 06-137, S. 29; P.A. 08-2, S. 19.)

      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 Subsecs. (a) to (f), inclusive, to provide that additional moneys shall be held in escrow within the Citizens' Election Fund, provide for the processing of payment by voucher by the commission, provide for the timing and means of drawing an order by the State Comptroller and make conforming changes, effective June 6, 2006 (Revisor's note: In Subsecs. (b), (c), (d) and (e), the words "with the seven-day period" were changed editorially by the Revisors to "within the seven-day period" for consistency with identical language in Subsec. (a)); P.A. 08-2 amended Subsecs. (a) to (d) to include references to contributions, loans or other funds received, delete provisions re obligations that are 90% of applicable grant and holding of funds in escrow, add provisions re contributions, loans or other funds received that exceed 100%, 125%, 150% or 175% of applicable expenditure limits, respectively, commission's processing of voucher for supplemental payments and limitations on transmittal of supplemental grant money, and delete provisions re procedures for payment of supplemental grants on seventh day prior to primary or election, amended Subsec. (e) to delete provision re holding of additional moneys in escrow and add provisions re processing of a voucher and candidate's ability to incur obligations to make additional expenditures and amended Subsec. (f) to provide for processing of a voucher during 96-hour period, effective April 7, 2008.

      See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the Citizens' Election Fund established in Sec. 9-701.

State Codes and Statutes

Statutes > Connecticut > Title9 > Chap157 > Sec9-713

      Sec. 9-713. Excess expenditures: Payment of additional moneys to opposing participating candidates. (a) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceed one hundred per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after the commission's determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received or expenditures made, or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (b) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred twenty-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (c) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred fifty per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (d) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (e) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the sum of (1) the amount of the applicable qualifying contributions that a candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) the amount of the applicable grant for said participating candidates for said campaign authorized under section 9-705, the State Elections Enforcement Commission shall immediately notify the State Comptroller and said participating candidates and shall process a voucher equal to the amount of such excess expenditure utilizing the State Comptroller's accounting system. Any such voucher shall be processed by the commission not later than two business days after its determination that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in such excess amounts. The State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the expenditures of the nonparticipating candidate or upon request for review by said participating candidate. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection. No participating candidate shall receive more than one payment of moneys under this section for any campaign. Notwithstanding the provisions of this subsection, if the State Comptroller receives a notice described in this subsection from the State Elections Enforcement Commission within the seven-day period preceding a primary or an election or if such additional moneys are held in escrow within the Citizens' Election Fund for the benefit of the candidate committee of any such participating candidate on the seventh day prior to the day of a primary or an election, the State Comptroller (A) shall not hold any such additional moneys in escrow within the Citizens' Election Fund, and (B) shall immediately pay such additional moneys to the candidate committee of each such participating candidate.

      (f) If, during the ninety-six-hour period beginning at five o'clock p.m. on the Thursday preceding the day of a primary or an election, the commission receives a notice from a participating candidate that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, which exceed one hundred per cent, one hundred twenty-five per cent, one hundred fifty per cent, or one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election period, as defined in subdivision (1) of subsection (b) of section 9-712, by an opposing candidate that have not yet been reported to the commission, the commission shall expeditiously review such notice and notify the State Comptroller, who shall immediately process a voucher, utilizing the State Comptroller's accounting system. The amount of such additional moneys for each such participating candidate shall be equivalent to the applicable grant that would be received pursuant to subsection (a), (b), (c), or (d) of this section. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection.

      (g) The maximum aggregate amount of moneys that the qualified candidate committee of a participating candidate shall receive under subsections (a) to (f), inclusive, of this section for a primary campaign or a general election campaign to match excess expenditures by an opposing candidate shall not exceed (1) the highest amount of excess expenditures by an opposing candidate during said campaign, or (2) the amount of the applicable grant authorized under section 9-705 for said participating candidate for the campaign, whichever is less.

      (Oct. 25 Sp. Sess. P.A. 05-5, S. 14; P.A. 06-137, S. 29; P.A. 08-2, S. 19.)

      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 Subsecs. (a) to (f), inclusive, to provide that additional moneys shall be held in escrow within the Citizens' Election Fund, provide for the processing of payment by voucher by the commission, provide for the timing and means of drawing an order by the State Comptroller and make conforming changes, effective June 6, 2006 (Revisor's note: In Subsecs. (b), (c), (d) and (e), the words "with the seven-day period" were changed editorially by the Revisors to "within the seven-day period" for consistency with identical language in Subsec. (a)); P.A. 08-2 amended Subsecs. (a) to (d) to include references to contributions, loans or other funds received, delete provisions re obligations that are 90% of applicable grant and holding of funds in escrow, add provisions re contributions, loans or other funds received that exceed 100%, 125%, 150% or 175% of applicable expenditure limits, respectively, commission's processing of voucher for supplemental payments and limitations on transmittal of supplemental grant money, and delete provisions re procedures for payment of supplemental grants on seventh day prior to primary or election, amended Subsec. (e) to delete provision re holding of additional moneys in escrow and add provisions re processing of a voucher and candidate's ability to incur obligations to make additional expenditures and amended Subsec. (f) to provide for processing of a voucher during 96-hour period, effective April 7, 2008.

      See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the Citizens' Election Fund established in Sec. 9-701.


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State Codes and Statutes

Statutes > Connecticut > Title9 > Chap157 > Sec9-713

      Sec. 9-713. Excess expenditures: Payment of additional moneys to opposing participating candidates. (a) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceed one hundred per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after the commission's determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received or expenditures made, or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (b) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred twenty-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (c) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred fifty per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (d) If the State Elections Enforcement Commission determines that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, by a nonparticipating candidate who is opposed by one or more participating candidates in a primary campaign or a general election campaign, which in the aggregate exceeds one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, as defined in subdivision (1) of subsection (b) of section 9-712, the commission shall process a voucher not later than two business days after its determination and the State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the contributions, loans or other funds received, or expenditures made or obligated to be made of the nonparticipating candidate or upon request for review by any said participating candidate. Supplemental grant money under this subsection shall only be transmitted to the candidate committee of each such participating candidate who has not made an expenditure in excess of the sum of (1) the amount of the applicable qualifying contributions that the participating candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) one hundred per cent of the applicable primary or general election grant. The amount of such additional moneys for each such participating candidate shall be twenty-five per cent of the applicable primary or general election grant. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant received under this subsection. No participating candidate shall receive more than one payment of moneys under this subsection for any campaign.

      (e) If the State Elections Enforcement Commission determines that an expenditure is made, or obligated to be made, by a participating candidate who is opposed by one or more other participating candidates in a primary campaign or a general election campaign, which is in excess of the sum of (1) the amount of the applicable qualifying contributions that a candidate is required to receive under section 9-704 to be eligible for grants from the Citizens' Election Fund, and (2) the amount of the applicable grant for said participating candidates for said campaign authorized under section 9-705, the State Elections Enforcement Commission shall immediately notify the State Comptroller and said participating candidates and shall process a voucher equal to the amount of such excess expenditure utilizing the State Comptroller's accounting system. Any such voucher shall be processed by the commission not later than two business days after its determination that said nonparticipating candidate has made, or incurred the obligation to make, an expenditure or expenditures in such excess amounts. The State Comptroller shall draw an order on the State Treasurer for payment, by electronic fund transfer directly into the campaign account of each such participating candidate, not later than three business days after receipt of an authorized voucher from the commission. The commission's determination may be made either on its own initiative to review the expenditures of the nonparticipating candidate or upon request for review by said participating candidate. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection. No participating candidate shall receive more than one payment of moneys under this section for any campaign. Notwithstanding the provisions of this subsection, if the State Comptroller receives a notice described in this subsection from the State Elections Enforcement Commission within the seven-day period preceding a primary or an election or if such additional moneys are held in escrow within the Citizens' Election Fund for the benefit of the candidate committee of any such participating candidate on the seventh day prior to the day of a primary or an election, the State Comptroller (A) shall not hold any such additional moneys in escrow within the Citizens' Election Fund, and (B) shall immediately pay such additional moneys to the candidate committee of each such participating candidate.

      (f) If, during the ninety-six-hour period beginning at five o'clock p.m. on the Thursday preceding the day of a primary or an election, the commission receives a notice from a participating candidate that contributions, loans or other funds have been received, or that an expenditure is made, or obligated to be made, which exceed one hundred per cent, one hundred twenty-five per cent, one hundred fifty per cent, or one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election period, as defined in subdivision (1) of subsection (b) of section 9-712, by an opposing candidate that have not yet been reported to the commission, the commission shall expeditiously review such notice and notify the State Comptroller, who shall immediately process a voucher, utilizing the State Comptroller's accounting system. The amount of such additional moneys for each such participating candidate shall be equivalent to the applicable grant that would be received pursuant to subsection (a), (b), (c), or (d) of this section. Upon the commission's determination that a participating candidate is entitled to any such additional moneys, the candidate committee may incur the obligation to make such additional expenditures not greater than the amount approved as a supplemental grant under this subsection.

      (g) The maximum aggregate amount of moneys that the qualified candidate committee of a participating candidate shall receive under subsections (a) to (f), inclusive, of this section for a primary campaign or a general election campaign to match excess expenditures by an opposing candidate shall not exceed (1) the highest amount of excess expenditures by an opposing candidate during said campaign, or (2) the amount of the applicable grant authorized under section 9-705 for said participating candidate for the campaign, whichever is less.

      (Oct. 25 Sp. Sess. P.A. 05-5, S. 14; P.A. 06-137, S. 29; P.A. 08-2, S. 19.)

      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 Subsecs. (a) to (f), inclusive, to provide that additional moneys shall be held in escrow within the Citizens' Election Fund, provide for the processing of payment by voucher by the commission, provide for the timing and means of drawing an order by the State Comptroller and make conforming changes, effective June 6, 2006 (Revisor's note: In Subsecs. (b), (c), (d) and (e), the words "with the seven-day period" were changed editorially by the Revisors to "within the seven-day period" for consistency with identical language in Subsec. (a)); P.A. 08-2 amended Subsecs. (a) to (d) to include references to contributions, loans or other funds received, delete provisions re obligations that are 90% of applicable grant and holding of funds in escrow, add provisions re contributions, loans or other funds received that exceed 100%, 125%, 150% or 175% of applicable expenditure limits, respectively, commission's processing of voucher for supplemental payments and limitations on transmittal of supplemental grant money, and delete provisions re procedures for payment of supplemental grants on seventh day prior to primary or election, amended Subsec. (e) to delete provision re holding of additional moneys in escrow and add provisions re processing of a voucher and candidate's ability to incur obligations to make additional expenditures and amended Subsec. (f) to provide for processing of a voucher during 96-hour period, effective April 7, 2008.

      See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the Citizens' Election Fund established in Sec. 9-701.


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