We use the term “principal” in this opinion to mean those individuals
and entities defined
1
in Conn. Gen. Stat. § 9-612(g)(1)(F)(i)-(iv), (vi). Although it is included in the statutory definition,
we do not use the term “principal” to mean the “spouse” or “dependent child” of a contractor.
See
id. § 9-612(g)(1)(F)(v). We analyze the CFRA’s effect on a contractors’ spouses and dependent
children separately from the statute’s effect on “principals.” The opinion will refer to the “spouses”
or the “dependent children” of contractors by using those terms or by using the term “families.”
3
As we describe in our first opinion, the CFRA was enacted in 2005 as a comprehensive
effort to bring about campaign finance reform in Connecticut. In our first opinion, which we file
separately, we consider a challenge to the Citizens Election Program (CEP), a part of the CFRA that
provides public funds to candidates running for state office. See Green Party of Conn. v. Garfield, No.
09-3760-cv(L), __ F.3d __ (2d Cir. July 13, 2010). We consider here a challenge to provisions of the
CFRA that ban campaign contributions and the solicitation of campaign contributions by state
contractors, lobbyists, and their families.
Following cross-motions for summary judgment, the United States District Court for the
District of Connecticut (Stefan R. Underhill, Judge) determined that each of the challenged
provisions was consistent with the First Amendment. See Green Party of Conn. v. Garfield, 590 F. Supp.
2d 288 (D. Conn. 2008) (“Green Party I”). We affirm part of that decision, as we hold that the CFRA
comports with the First Amendment insofar as it bans contributions by state contractors,
“prospective” state contractors, the “principals” of contractors and prospective state contractors,
1
and the spouses and dependent children of those individuals.
We also reverse part of the District Court’s decision, as we hold that the CFRA violates the
First Amendment insofar as it bans contributions by lobbyists and their families and insofar as it
prohibits contractors, lobbyists, and their families from soliciting contributions on behalf of
candidates.
4
BACKGROUND
We first describe the history of the CFRA. We then outline the challenged provisions and
briefly recount the procedural history of this action.
I.
The History of the CFRA
In our first opinion addressing the CFRA, we summarized the history of the statute:
The CFRA . . . was passed in response to several corruption scandals
in Connecticut. [See Green Party of Conn. v. Garfield, 648 F. Supp. 2d 298, 306-
07 (D. Conn. 2009) (“Green Party II”).] The most widely publicized of the
scandals involved Connecticut’s former governor, John Rowland. In 2004,
Rowland was accused of accepting over $100,000 worth of gifts and services
from state contractors, including vacations, flights on a private jet, and
renovations to his lake cottage. Rowland accepted the gifts, it was alleged, in
exchange for assisting the contractors in securing lucrative state contracts.
Rowland resigned amidst the allegations, and in 2005 pleaded guilty—along
with two aides and several contractors—to federal charges in connection
with the scandal. Rowland was fined and sentenced to a year and a day in
federal prison. See id. at 307.
Sadly, the ignominy of public corruption was not limited to Rowland.
As the District Court discussed in detail, the “Rowland scandal was but one
of the many corruption scandals involving elected officials in state and local
government that helped earn the state the nickname ‘Corrupticut.’” See id. at
307-08 (cataloging the scandals); see also id. at 307 & n.9 (discussing the
decline of the reputation of Connecticut’s state government).
It was in the wake of those scandals that Connecticut lawmakers
resolved to enact “expansive campaign finance reforms.” Id. at 309. In the
summer of 2005, Governor M. Jodi Rell established the Campaign Finance
Reform Working Group (the “Working Group”), a collection of six state
representatives and six state senators who were charged with drafting a new
campaign finance reform law. After holding televised hearings for three
months, the Working Group proposed an expansive bill, much of which
would be incorporated into the final version of the CFRA. See id. at 309-10.
In the fall of 2005, Governor Rell called a special session of the
General Assembly for the sole purpose of considering the Working Group’s
proposed bill. After a month of debate, the General Assembly passed the
CFRA, and Governor Rell signed it into law. See id. at 310-11. As the
District Court set forth in detail, several contemporaneous statements from
General Assembly members, as well as Governor Rell, explain that the CFRA
The prohibition on contributions by dependent children applies only to “a dependent child
2
who is eighteen years of age or older.” Conn. Gen. Stat. § 9-612(g)(1)(F)(v).
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was passed “to combat actual and perceived corruption in state government.”
Id. at 311.
Green Party, No. 09-3760-cv(L), at __ , __ F.3d at __ .
II.
The Challenged Provisions
The CFRA is a broad-ranging and complex statute, and plaintiffs challenge only parts of the
law. Put succinctly, the challenged provisions of the CFRA prohibit state contractors and certain
lobbyists from (1) making campaign contributions to candidates for state office and (2) soliciting
campaign contributions on behalf of candidates for state office. Violations of those prohibitions are
punishable by civil penalties and criminal sanctions. See Conn. Gen. Stat. §§ 9-610(j), 9-622(8),
9-622(10), 9-623(a).
A.
Contribution Bans
First, the CFRA prohibits state contractors and lobbyists from making campaign
contributions to candidates for state office. See Conn. Gen. Stat. §§ 9-610(g), 9-612(g)(2)(A)-(B).
The CFRA’s ban on contractor contributions applies to any “person, business entity or
nonprofit organization that enters into a state contract.” Id. § 9-612(g)(1)(D). It also applies to any
“prospective” contractor; to any “principal” of a contractor or prospective contractor; and to the
“spouse” or “dependent child” of a contractor, a prospective contractor, or a principal of a
2
contractor or prospective contractor. Id. § 9-612(g)(2). (We discuss these terms in detail below.)
In addition, the ban on contractor contributions is what might be called “branch specific.”
If the contract in question is “with or from a state agency in the executive branch,” the contractor
may contribute to a candidate for the General Assembly but not to a candidate for an executive
office (i.e., a candidate for “Governor, Lieutenant Governor, Attorney General, State Comptroller,