18
(quoting Buckley, 424 U.S. at 21) (second alteration in Randall). We will not, therefore, look to
Randall’s multifactor test as a means of evaluating whether the CFRA’s ban on contributions is
closely drawn to the state’s interests.
The issue, instead, is whether the CFRA’s contribution bans impermissibly infringe the First
Amendment rights of the discrete groups of citizens it regulates—contractors, lobbyists, and
associated individuals. To address that issue, we are required to examine how the CFRA applies to
the different groups of individuals it regulates and determine, in each case, whether the law is
closely drawn to the state’s interest in combating corruption and the appearance of corruption.
The CFRA’s ban on contractor contributions, in particular, applies not only to individuals who
currently have contracts with the state, but also to “prospective” state contractors who seek (but do
not currently have) state contracts. See Conn. Gen. Stat. § 9-612(g)(1)(E), (2)(A)-(B). It also applies
to any “principal” of an entity that has (or is seeking) contracts with the state, see id. § 9-612(g)(1)(F),
(2)(A)-(B), and it applies to any “spouse” or “dependent child” of a covered individual, see id.
§ 9-612(g)(1)(F)(v), (1)(G), (2)(A)-(B). To survive First Amendment scrutiny, the CFRA’s contractor
contribution bans must be “closely drawn” to the state’s anticorruption interest with respect to each
of those groups of individuals.
b.
Current and “Prospective” Contractors
The CFRA applies to contributions made by any current state contractor, as well as any
“prospective state contractor,” id. § 9-612(g)(2)(A)-(B), which is defined to include, in essence, any
individual or entity that “submits a response” to a call for bids on state contracts, see id.
§ 9-612(g)(1)(E). That aspect of the CFRA is, without question, “closely drawn” to meet the state’s
interest in combating corruption and the appearance of corruption. It is undisputed that nearly all
of the corruption scandals that gave rise to the CFRA—including the scandal involving Governor
We note that many state contractors are likely artificial entities, so the provisions
10
governing the behavior of “principals” of contractors are particularly important.
Although in most cases, the CFRA applies equally to for-profit and nonprofit
11
organizations, the definition of “principal” does not include “an individual who is a member of the
board of directors of a nonprofit organization.” Conn. Gen. Stat. § 9-612(g)(1)(F)(i).
If the entity is “not a business entity,” the CFRA applies to the “chief executive officer” of
12
the entity or “the officer who duly possesses comparable powers and duties.” Conn. Gen. Stat.
§ 9-612(g)(1)(F)(iii).
“Principal” is also defined to include the “spouse” or “dependent child” of a contractor.
13
See Conn. Gen. Stat. § 9-612(g)(1)(F)(v). We discuss that aspect of the definition separately. See note
1, ante.
19
Rowland—involved both current and prospective state contractors offering bribes in exchange for
assistance in winning new state contracts. See Green Party I, 590 F. Supp. 2d at 304-06.
Contributions by current and prospective state contractors, therefore, lie at the heart of the
corruption problem in Connecticut.
Thus, insofar as it applies to campaign contributions made by both current and prospective
state contractors, see Conn. Gen. Stat. § 9-612(g)(1)(D)-(E), (2)(A)-(B), the CFRA is closely drawn
and survives First Amendment scrutiny.
c.
“Principals” of Contractors
If an artificial entity, rather than an individual, is awarded (or seeks) a state contract, the
CFRA bans contributions made by any “principal” of that entity. See id. § 9-612(g)(1)(F), (2)(A)-
10
(B). A “principal” is defined to include, among other things, (1) any member of the entity’s board of
directors, (2) any “individual” who “has an ownership interest of five per cent or more” in the
11
entity, (3) the “president, treasurer or executive vice president” of the entity, and (4) any “officer”
12
or “employee” of either a business entity or a nonprofit organization who “has managerial or
discretionary responsibilities with respect to a state contract.”
13
“Principal” is also defined to include “a political committee established or controlled by an
individual described in [subparagraph (F)] or the business entity or nonprofit organization that is the
state contractor or prospective state contractor.” See Conn. Gen. Stat. § 9-612(g)(1)(F)(vi).
20
The definition of “principal” sweeps broadly and prevents a wide range of individuals from
contributing to campaigns for state office. We have some doubts, therefore, as to whether the
provision is indeed closely drawn to achieve the state’s anticorruption interest.
Nonetheless, we are mindful of the teachings of the Supreme Court that we, as judges,
cannot consider each possible permutation of a law limiting contributions, and thus we “cannot
determine with any degree of exactitude the precise restriction necessary to carry out the statute’s
legitimate objectives.” Randall, 548 U.S. at 248. Moreover, in light of the troubling episodes
involving state contractors in Connecticut’s recent history, we are reluctant to second-guess the
judgment of the General Assembly when it defines which individuals associated with an artificial
entity are likely to attempt to exert improper influence over a state official.
We will, therefore, follow the “ordinar[y]” approach in evaluating the ban on principal
contributions and “defer[] to the legislature’s determination of such matters.” Id. The ban on
principals’ contributions strikes us as bordering on overboard, but the record shows that the dangers
of corruption associated with contractor contributions are so significant in Connecticut that the
General Assembly should be afforded leeway in its efforts to curb contractors’ influence on state
lawmakers.
We thus conclude that, insofar as it applies to campaign contributions made by “principals”
of state contractors or prospective state contractors, see Conn. Gen. Stat. § 9-612(g)(1)(F), (2)(A)-(B),
the CFRA is closely drawn and withstands First Amendment scrutiny.
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