Hartford Courant - July 9, 2010
In a high-stakes, big-money battle, Republican gubernatorial front runner Tom Foley filed court papers Friday to block the payment of more than $2 million in public money to the campaign of Lt. Gov. Michael Fedele and his running mate, Mark Boughton.
A judge did not grant an injunction in the case, and a hearing has been set for 2 p.m. Monday in civil court on Washington Street in Hartford.
The court filing prompted an angry response from the Fedele campaign, saying that Foley was trying to change the subject because he has been in the news lately for two arrests years ago.
"I think Mr. Foley's action today is baseless. It's a political ploy,'' Fedele spokesman Christopher Cooper told Capitol Watch. "He's looking to change the subject. If he can't win by campaigning, he'll try to win by suing. ... It's an instance in which Tom Foley shows he thinks he's above the law. It's nothing more than a delay tactic and a political tactic.''
Foley had opposed the disbursement of the money to Fedele, which was approved unanimously Thursday by the State Elections Enforcement Commission. The commission has the power to award grants of public money under the state's landmark law on campaign finance reform.
The Fedele campaign was scheduled to receive more than $2 million on Monday, and that schedule remains, Cooper said.
"He's been in the news a lot recently,'' Cooper said. "It seems like a desperate move. He put the largest textile mill in the country out of business. He has a lot of motive to divert attention from his record. ... The last time I was involved in a routine fender bender, I did not have to spend a night in jail and have the court records sealed.''
Justin Clark, Foley's campaign manager, responded, "If I was Chris Cooper, I'd be saying it was a diversionary tactic, too, because the SEEC and the Fedele campaign got it wrong.''
Clark said Foley simply wants the law to be followed and interpreted correctly.
"Tom has been a big opponent of the Citizens Election Program, but it's the law of the land,'' Clark told Capitol Watch. "All we're saying is if you're going to use this system, follow the rules.''
Foley himself declined comment on Cooper's statements.
In an interview Friday with The Courant's Jon Lender, Foley said his lawsuit objects to a number of actions by Fedele or the commission that conflict with the law. For one, he said the campaign financing law does not allow a non-party-endorsed gubernatorial candidate such as Fedele to combine resources with a party-endorsed candidate for lieutenant governor, which Boughton is.
For another, even if it were legal for Fedele and Boughton to combine their totals to reach the $250,000 threshold, it still wouldn't be legal for any individual to give more than $100 to the combined campaign effort of the two of them. Foley said about $20,000 worth of the Fedele-Boughton total came from people who donated twice, or $200 each.
Foley also said that the elections commission staff is misinterpreting the law in Fedele's favor, giving him the ability to be "topped up" above his normal amount of public campaign funds because Foley outspends him outside the public-financing program. The "topping-up" provision of the law says that if Foley spends more than a certain amount during the primary campaign period, then Fedele gets more money to keep pace. But Foley said the commission's staff is counting his spending total from the time he declared his candidacy, rather than the period specified in the law - which is from the party convention to the primary, or, in this case, May 23 to Aug. 10.
Foley also says his lawsuit challenges the constitutionality of the "topping-up" provision, based on a recent U.S. Supreme Court decision striking down such a state law provision in Arizona.
One day earlier, Fedele and Boughton hailed the commission's unanimous decision Thursday, saying it was a landmark because they were the first statewide Republican candidates to be granted approval for the money.
In the same way as Foley, longtime business executive Oz Griebel of Simsbury has questioned the awarding of the money - based on his interpretation of the law.
The Connecticut Citizen Action Group, which supports liberal causes, sharply ripped Foley's move Friday.
"Maybe Tom Foley believes that his Baghdad-styled bullying can help him buy a governorship like it did for his ambassadorship, but we are confident that the voters of Connecticut will be repulsed when they are reminded of his governance of Iraq and reject this type of Bush League maneuver to silence his opposition,'' said Tom Swan, the group's outspoken executive director.
The commission's decision was an important development in the governor's race because it would allow Fedele to have the financial firepower to compete against Foley, a multi-millionaire from Greenwich who has poured at least $2 million of his own money into his campaign. The primary is less than five weeks away, and Fedele has broadcast relatively few television commercials because he has had little funding until now.
Foley had raised more than $2.4 million as of April 10 - three months ago. As such, he has likely spent far more, but he will not be filing his latest report on the exact total until next week.
The election commission voted unanimously to award the grant to the combined committee of Fedele and Boughton, who are running as a team. Under the law, the money is awarded to the committee as "a single grant, which can be used to benefit both candidates,'' according to the commission.
Unlike the limited media campaign so far by Fedele, Foley has run statewide ads in his campaign for governor and in his previous race for the U.S. Senate. As such, Foley has reached the highest name recognition in the three-way Republican primary. He was leading Fedele by more than 25 points in the latest Quinnipiac University poll, and he has an even larger lead over Griebel. Griebel is raising money privately and will not be accepting public funds under the state's Clean Elections Program.
Fedele took a jab at Foley's wealth and status as an ambassador who was appointed by then-President George W. Bush.
"The Clean Elections Program provides a level playing field and ensures that campaigns in Connecticut can be waged with grassroots support, not just with a personal checkbook or a few friends in high places,'' Fedele said in a statement Thursday.
Foley's campaign has harshly criticized Fedele for seeking public funding - and many Republicans believe it is wrong to spend public dollars on political campaigns.
State Republican chairman Christopher Healy has been a longtime critic of public financing for political campaigns.
On Thursday, both of Fedele's opponents were not pleased with the ruling.
"Philosophically, we're unequivocally opposed to the use of taxpayer money to fund political campaigns, particularly amid a $3.5 billion budget deficit," said Ashley Maagero, Griebel's campaign manager. "Legally, we have significant concerns over the State Elections Enforcement Commission's interpretation of Statute 9-709 and corresponding advisory opinion. We are seeking further counsel on the issue."
Foley's spokeswoman, Liz Osborn, said, "We are disappointed that the SEEC would approve sending out over $2 million in taxpayer money based on an incorrect reading of the statute.''
Hartford Courant - July 9, 2010
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