24
Combating actual corruption, however, is not the state’s only interest here; the CFRA is also
meant to address the appearance of corruption caused by contractor contributions. See Green Party I,
590 F. Supp. 2d at 303. As discussed above, Connecticut’s recent corruption scandals were widely
publicized, and corruption involving state contractors became a major political issue in Connecticut
in recent years. See subsection I.B.2.e, ante. A limit on contractor contributions would have partially
addressed the perception of corruption created by those incidents, but such a limit still would have
allowed some money to flow from contractors to state officials. Even if small contractor
contributions would have been unlikely to influence state officials, those contributions could have
still given rise to the appearance that contractors are able to exert improper influence on state
officials.
The CFRA’s ban on contractor contributions, by contrast, unequivocally addresses the
perception of corruption brought about by Connecticut’s recent scandals. By totally shutting off the
flow of money from contractors to state officials, it eliminates any notion that contractors can
influence state officials by donating to their campaigns. Thus, although the CFRA’s ban on
contractor contributions is a drastic measure, it is an appropriate response to a specific series of
incidents that have created a strong appearance of corruption with respect to all contractor
contributions.
We hold, as a result, that in light of Connecticut’s recent experience with corruption scandals
involving state contractors, the CFRA’s imposition of an outright ban on contributions by
contractors, prospective contractors, and their principals, see Conn. Gen. Stat. § 9-612(g), is closely
drawn to the state’s interest in combating the appearance of corruption.
25
B.
The Ban on Contributions by Lobbyists and Their Families
The CFRA’s ban on contributions by lobbyists presents markedly different considerations
than the CFRA’s ban on contributions by contractors. The distinction centers on the fact that the
recent corruption scandals in Connecticut in no way involved lobbyists. See, e.g., Green Party I, 590 F.
Supp. 2d at 321 (“[L]obbyists ha[ve] not been directly linked to the pay-to-play scandals, which
primarily involved state contractors offering bribes in exchange for preferential treatment . . . .”
(emphasis added)).
As a restriction on campaign contributions, not campaign expenditures, we review the CFRA’s
ban on lobbyists contributions under the closely drawn standard. See Beaumont, 539 U.S. at 162;
subsection I.A, ante. We will uphold the ban against plaintiffs’ First Amendment challenge only if it
is closely drawn to achieve sufficiently important government interests. Beaumont, 539 U.S. at 162.
Defendants seek to justify the ban on lobbyist contributions as necessary to combat both
actual corruption and the appearance of corruption. We decline to decide whether those interests
are sufficiently important in this context, see id., for “[e]ven assuming, arguendo, the Government
advances an important interest,” McConnell, 540 U.S. at 232, the CFRA’s ban on lobbyist
contributions is not closely drawn to the asserted interests.
As set forth above, see subsection I.B.2.e, ante, an outright ban on contributions is a drastic
measure that substantially infringes “one aspect of the contributor’s freedom of political
association.” Randall, 548 U.S. at 246 (quoting Buckley, 424 U.S. at 24-25). As opposed to a
contribution limit, which merely restricts those First Amendment freedoms, see id., a contribution ban
utterly eliminates an individual’s right to express his or her support for a candidate by contributing
money to the candidate’s cause. Indeed, a contribution ban cuts off even the “symbolic expression
of support evidenced by” a small contribution. Id. at 247 (quoting Buckley, 424 U.S. at 21). Thus, if
We reiterate that we are not applying strict scrutiny, and thus we acknowledge that the ban
14
on lobbyist contributions need not be narrowly tailored to achieve the state’s anticorruption interest.
Nonetheless, the ban must be closely drawn to the state’s interest, a standard that requires some
measure of tailoring. In this context, if a contribution limit would suffice where a ban has been
enacted, the ban is not closely drawn to the state’s interests.
26
the state’s interests in this case can be achieved by means of a limit on lobbyist contributions, rather
than a ban, the ban should be struck down for failing “to avoid unnecessary abridgment of
associational freedoms,” Buckley, 424 U.S. at 25.
14
We have upheld the CFRA’s ban on contractor contributions because the recent corruption
scandals in Connecticut have created an appearance of corruption with respect to all exchanges of
money between state contractors and candidates for state office. We have held that an outright ban
on contractor contributions was justified (i.e., closely drawn to meet the state’s anticorruption
interest) because even a severe limit on contractor contributions would allow a small flow of
contributions between contractors and candidates and would, as a result, likely give rise to an
appearance of corruption.
The situation is different with lobbyists. The recent corruption scandals had nothing to do
with lobbyists, see Green Party I, 590 F. Supp. 2d at 321, and thus there is insufficient evidence to infer
that all contributions made by state lobbyists give rise to an appearance of corruption. Plaintiffs
have submitted some evidence suggesting that many members of the public generally distrust
lobbyists and the “special attention” they are believed to receive from elected officials. See, e.g.,
Meadow Decl. ¶¶ 13-14, 26. But as the Supreme Court has recently clarified, the anticorruption
interest recognized by Buckley and other cases is “limited to quid pro quo corruption” and does not
encompass efforts to limit “[f]avoritism and influence” or the “appearance of influence or access.”
Citizens United, 130 S. Ct. at 909-10 (quotation marks omitted). “The fact that speakers may have
influence over or access to elected officials does not mean that these officials are corrupt,” and
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