HARTFORD, Conn. — A unanimous State Supreme Court ruling this week, on an election law case 10 years in the making, could change the look of political ads in Connecticut.
“I feel vindicated and I'm excited to be able to stand before you knowing that justice was served and freedom of speech is protected in the state of Connecticut,” said state Sen. Rob Sampson, (R-Wolcott). “This was never about us. We, for better or worse, jumped in front of a moving train, but we did it on our own.”
In 2014, Sampson was running for reelection in the House and now former-state lawmaker Joe Markley was seeking reelection in the Senate.
Both candidates used campaign materials which named, and criticized, then-Gov. Dannel Malloy’s tax and fiscal policies.
Sampson and Markley were receiving public money for their campaigns through the state’s Citizens’ Election Program (CEP).
One of the rules of using money from the voluntary CEP program is a candidate cannot spend their public funds campaigning for others not in their race.
Sampson’s Democratic opponent in 2014 filed a complaint, saying Sampson and Markley violated that rule by mentioning Malloy and his policies.
The State Elections Enforcement Commission (SEEC) agreed and in 2018 fined the two lawmakers a combined $7,000, saying they essentially used their public funds on the 2014 governor’s race, campaigning for Malloy’s opponent.
“Political speech has been stifled ever since the original case began because candidates were fearful of, you know, stepping over the line that was drawn that we were debating,” Sampson said.
Sampson and Markley fought the commission’s decision, going to superior court in 2022, and eventually appealing to the Connecticut State Supreme Court.
Monday, the State Supreme Court ruled unanimously in Sampson and Markley’s favor.
In their decision, the justices wrote, “None of the communications at issue in this appeal could reasonably be construed as anything more than a rhetorical device intended to communicate the merits of the plaintiffs’ candidacies as bulwarks against the policies endorsed by Gov. Malloy and the Democratic Party.”
“I understand the desire to have, you know, some sort of rules and regulations to govern how campaigns are run and financed. That makes sense, but when that system grows to a point where they're actually affecting the ability of candidates to be able to choose what their speech is, then they've crossed the line,” Sampson added.
This decision now holds ramifications for the 2024 election cycle.
“In 2014, Dan Malloy was unpopular, and Democrats were concerned that Republicans would tie their Democratic opponents to Dan Malloy,” explained Markley. “In 2024, Donald Trump in Connecticut is pretty unpopular and, I think now, Democrats will try to tie their Republican opponents to Donald Trump. The question isn't who it benefits, the question is what's fair, what's constitutional? Sometimes, it's going to help one side, sometimes, it's going to help the other side; that's a sign that it's a fair thing.”
In a statement, SEEC’s executive director and general counsel Mike Brandi said, “We are currently reviewing the decision and will consult with our commission and the Attorney General’s Office to determine the path forward. Of course, we respect the court’s decision and will work to provide appropriate guidance to the regulated community. As the court wrote, it’s an issue of first impression and a notoriously tricky application of the law. Connecticut is in the vanguard of campaign finance reform, so that’s to be expected. We’re obviously relieved that the Citizens’ Election Program is preserved. We’re looking forward to another successful year for candidates participating in our landmark public financing program.”
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Emma Wulfhorst is a political reporter for FOX61 News. She can be reached at ewulfhorst@fox61.com. Follow her on Facebook, X and Instagram.
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