Sec. 9-703. Affidavit certifying candidate's intent to abide or not abide by expenditure limits.
Sec. 9-703. Affidavit certifying candidate's intent to abide or not abide by expenditure limits. (a) Each candidate for nomination or election 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, shall file an affidavit with the State Elections Enforcement
Commission. The affidavit shall include a written certification that the candidate either
intends to abide by the expenditure limits under the Citizens' Election Program set forth
in subsection (c) of section 9-702, or does not intend to abide by said limits. If the
candidate intends to abide by said limits, the affidavit shall also include written certifications (1) that the campaign treasurer of the candidate committee for said candidate shall
expend any moneys received from the Citizens' Election 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 section 9-706, (2) that the candidate shall repay to the fund any such moneys that are not expended in accordance with
subsection (g) of said section 9-607 and said regulations, (3) that the candidate and the
campaign treasurer shall comply with the provisions of subdivision (1) of subsection
(a) of section 9-711, and (4) stating the candidate's status as a major party, minor party
or petitioning party candidate and, in the case of a major party or minor party candidate,
the name of such party. The written certification described in subdivision (3) of this
subsection shall be made by both the candidate and the campaign treasurer of the candidate committee for said candidate. A candidate for nomination or election to any such
office shall file such affidavit not later than four o'clock p.m. on the twenty-fifth day
before the day of a primary, if applicable, or on the fortieth day before the day of the
election for such office, except that in the case of a special election for the office of state
senator or state representative, the candidate shall file such affidavit not later than four
o'clock p.m. on the twenty-fifth day before the day of such special election.
(b) A candidate who so certifies the candidate's intent to abide by the expenditure
limits under the Citizens' Election Program set forth in subsection (c) of section 9-702
shall be referred to in sections 9-700 to 9-716, inclusive, as a "participating candidate"
and a candidate who so certifies the candidate's intent to not abide by said limits shall
be referred to in sections 9-700 to 9-716, inclusive, as a "nonparticipating candidate".
The commission shall prepare a list of the participating candidates and a list of the
nonparticipating candidates and shall make such lists available for public inspection.
(c) A participating candidate may withdraw from participation in the Citizens' Election Program before applying for an initial grant under section 9-706, by filing an affidavit with the State Elections Enforcement Commission, which includes a written certification of such withdrawal. A candidate who files such an affidavit shall be deemed to be
a nonparticipating candidate for the purposes of sections 9-700 to 9-716, inclusive, and
shall not be penalized for such withdrawal. No participating candidate shall withdraw
from participation in the Citizens' Election Program after applying for an initial grant
under section 9-706.
(Oct. 25 Sp. Sess. P.A. 05-5, S. 4; P.A. 06-137, S. 21.)
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. (a) to add language re deadline for filing affidavit if a primary is to be held, effective
December 31, 2006, and applicable to elections held on or after that date.
See Sec. 9-717 re effect of court of competent jurisdiction's prohibiting or limiting the expenditure of funds from the
Citizens' Election Fund established in Sec. 9-701.