Today, Governor Dannel P. Malloy (D-Conn.) vetoed a substantial expansion of Connecticut’s campaign finance laws, citing the bill’s constitutional infirmity. The Center for Competitive Politics supports Governor Malloy’s decision, and salutes his courageous decision to block a popular but poorly-conceived legislative effort.
In his veto message, Governor Malloy noted that the proposed law “would have a chilling effect on issue advocacy and neutral debates about matters of public concern.” He especially noted provisions that would bring “virtually any” communication about public affairs under state scrutiny if they so much as mentioned a candidate for office. The law would also have required any organization running such ads to disclose their donors. As the Governor noted: “[t]he net effect of this system would be to require non-profit advocacy groups or even news organizations to identify the names of individual donors if they engage in issue advocacy… within 90 days of a general election or primary.”
The Governor rightly noted that the Supreme Court’s decision in NAACP v. Alabama precludes the state from requiring non-profit organizations to disclose their donors. He pointed out that the right to anonymously associate with other citizens “has been the law for more than 50 years” and that the bill “would seriously undermine, if not obviate, that right.”
He further elegantly stated an important principle of constitutional government in explaining his actions. Aside from his policy disagreements with the bill, he said: “When I think, as I do, that the General Assembly has presented me with a bill that will not pass the rigors of constitutional scrutiny, I believe that I am obligated to veto it.”
His objections were not confined to the constitutional. The proposed law would have required corporate boards to authorize any campaign-related disbursements over $4,000, and publish the votes of individual directors. Such a law would violate the federal constitution’s Commerce Clause, and would have put Connecticut in the difficult – and unlawful – position of dictating corporate law to the other 49 states. Governor Malloy was firm in his opposition: “I cannot support a law that would attempt to extend the reach of Connecticut’s authority into other states, just as I would not tolerate any other state’s attempts to interfere with the authority of Connecticut.”
CCP congratulates the Governor on his strong stand for common sense and the Constitution, and hopes that his courage will be an example to others who hold the public trust.
