Bashing governor in publicly funded campaign ads is OK in Connecticut legislative races, court rules

HARTFORD, Conn. (AP) — Connecticut’s Supreme Court on Monday ruled that state elections officials violated the constitutional free speech rights of two Republicans running for the state legislature when it fined them thousands of dollars for criticizing the Democratic governor in ads paid for by their publicly funded campaigns in 2014.

In a 5-0 decision, the justices overturned the $5,000 civil fine against now-Sen. Rob Sampson and the $2,000 penalty against former Sen. Joe Markley imposed by the State Elections Enforcement Commission.

The commission had ruled that Sampson and Markley violated the rules of the state’s Citizens’ Election Program, which provides public funds to campaigns for statewide office and the legislature, when they sent out campaign materials touting how they would fight what they called the bad policies of then-Gov. Dannel Malloy.

While the program bars a candidate from spending their public funds on the campaigns of others not in their race, the Supreme Court said the commission went too far when it interpreted the law to mean Sampson and Markley couldn’t criticize Malloy, who was running for reelection.

“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 Governor Malloy and the Democratic Party,” Chief Justice Richard Robinson wrote in the opinion.

Robinson added the commission “imposed an unconstitutional condition in violation of the first amendment to the extent that it penalized the mention of Governor Malloy’s name in a manner that was not the functional equivalent of speech squarely directed at his reelection