Rell, Blumenthal to appeal Campaign Finance Ruling

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Federal Judge Strikes Down Connecticut Campaign Finance Law

By JOHN CHRISTOFFERSEN
Associated Press Writer

NEW HAVEN, Conn. (AP) _ A federal judge says Connecticut's public campaign finance law, seen by some as a possible national model, is unconstitutional because it discriminates against minor party political candidates.

Judge Stefan Underhill ruled late Thursday that a part of the law that provides a voluntary public financing scheme for candidates for statewide offices and state lawmakers puts an unconstitutional burden on minor party candidates' First Amendment right to political opportunity.

He says the program, known as the Citizens Election Program, enhances major party candidates' strength beyond their past ability to raise contributions.

The Green and Libertarian parties and others sued the state, arguing the law makes it difficult for minor party candidates to meet the criteria for getting public funds for their campaigns.

Attorney General Richard Blumenthal said the state will appeal the ruling to the 2nd Circuit U.S. Court of Appeals and will seek a stay of the ruling so that the program can continue operating.

We believe it deserves review by the court of appeals because it conflicts substantially with decisions of the United States Supreme Court on some issues," Blumenthal said Friday. "Certainly this decision raises significant legal obstacles to the campaign finance reform movement here and around the country but it's only one ruling very early in an ongoing court battle," Blumenthal said.

Mark Lopez, attorney for the Green and Libertarian parties, said he was "absolutely delighted" with the ruling.

"We hope the legislature is called into session and quickly fixes this in time for the 2010 elections," Lopez said.

Connecticut lawmakers adopted the campaign reforms in 2005 response to corruption scandals involving former Gov. John Rowland and other officials.

Under the law candidates can receive $25,000 for a state House race and $85,000 for a state Senate race if they raise a certain number of contributions in $100 or less increments from individuals. But minor party and petitioning candidates must satisfy additional requirements, including having to obtain signatures or having had received a certain percentage of votes in the last general election.

Underhill said the qualifying criteria for minor party candidates to get public funding are so difficult to achieve that most never become eligible for public funding at even reduced levels. The law also discourages minor party candidates from participating in the program because once they raise a minimum level of fundraising the program releases significant additional funding to the major party opponent, the judge said.

Underhill also said the law uses a statewide formula that permits any major party candidate to become eligible for full public financing even though in many legislative districts one of the major parties abandoned the race or the candidate lost in a landslide.

Blumenthal said the law does provide funding to minor party candidates on a sliding scale. He said officials were concerned about providing "windfalls to candidates who have very small support."

Underhill acknowledged that ``good motives'' underlie the law.

"Spurred on by a regrettable legacy of corruption that has pervaded all levels of elected office in recent decades, Connecticut is now commendably at the forefront of nationwide movement to increase transparency in the political process," Underhill wrote.

But he said the effort involves fundamental constitutional rights that demand narrow and carefully tailored regulations.

Underhill ordered state officials from operating the Citizens Election Program.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

Federal Judge Strikes Down Connecticut Campaign Finance Law