Panel told contribution limits likely constitutional

From the Associated Press

Panel told contribution limits likely constitutional

By SUSAN HAIGH
Associated Press Writer
August 19, 2005, 1:11 AM EDT
HARTFORD, Conn. -- National campaign finance experts have told a legislative task force that a state ban on campaign contributions from lobbyists and state contractors would likely be upheld by the courts.
Connecticut lawmakers are considering such a ban in response to the scandal that led to former Gov. John G. Rowland's resignation and eventual conviction on a corruption charge.
In proposing the ban, Connecticut lawmakers should clarify that it is designed to prevent future corruption and address past problems, the experts warned on Thursday.
"As we defend these cases across the country, it becomes very clear that if there is no such record, you're at a distinct disadvantage of having your law upheld," said Deborah Goldberg, director of the Democracy Program at the Brennan Center for Justice in New York.
Trevor Potter, a former commissioner and chairman of the Federal Elections Commission, said Connecticut has a better chance of avoiding a constitutional challenge if it drastically limits the contributions rather than imposing a flat ban.
"That gets you 99 percent of the way there," he said.
For example, the national experts suggested allowing lobbyists to contribute only to the legislative candidates in the House and Senate districts where they reside.
Those who oppose the ban claim it would violate the freedom of speech rights of those wanting to make campaign donations.
Rep. Christopher Caruso, D-Bridgeport, a task force member, said lawmakers shouldn't scale back the proposed reforms because of fears that someone might file a lawsuit.
"To just base our entire bill here on whether it meets constitutional muster, I think that's a mistake," he said. Caruso said the legislature should pass the strongest laws possible to restore public confidence in the political process, and only scale back some reforms if forced to do so by the courts.
The legislative task force, formed by Republican Gov. M. Jodi Rell, is attempting to draft a compromise plan to reform the state's campaign finance system. The General Assembly could not reach a deal during the regular session.
The group hopes to hammer out a compromise by Sept. 15 that would overhaul the system and limit the influence of special interests. Besides limits on contributions, lawmakers are considering creating a voluntary publicly funded election finance system.
Potter, now president and general counsel of the Campaign Legal Center, said he has read the proposed legislation being debated by state lawmakers in Connecticut. He called the reforms "impressive."
"What you are trying to do is almost entirely well within well-trod areas of election law," Potter said. "Other states have tried it, so I think you're on the right track."
While it appeared the task force is leaning toward enacting some sort of ban on lobbyist and state contractor contributions, some lawmakers expressed concerns about who falls into those categories. For example, some questioned whether subcontractors should be prevented from giving money to candidates.
Legislators said they plan to revisit the issue.
"It does seem we all want to have a clear definition of what we are banning," said Sen. Donald DeFronzo, D-New Britain.
The task force is also looking at limiting contributions from individuals and political action committees. The national experts said those contributions cannot be exclusively prohibited, but that lawmakers can put in place stronger restrictions and require more public disclosure.