Green Party of Connecticut v. Jeffrey Garfield, et al.
Court Cases

– 03/20/08

In October 2006, the Brennan Center filed a motion on behalf of Connecticut Common Cause, Connecticut Citizen Action Group, and three potential political candidates to intervene in Green Party of Connecticut, et al. v. Jeffrey Garfield, et al. to help defend the constitutionality of landmark campaign finance laws challenged in the case. The Brennan Center's motion to intervene was granted. This case is pending in the United States District Court, District of Connecticut.

Public Financing of Legislative Campaigns

One track of the case challenges laws passed in December 2005, when the Connecticut General Assembly became the first state legislature in the nation to pass a full public financing law that applies to its own political campaigns.  In their complaint, the Green Party of Connecticut challenged the qualifying criteria and funding distribution formulas for third party candidates to participate in the public financing program and provisions that permit participating candidates to receive additional public funds when faced with high opposition spending.

In February 2007, the Brennan Center, along with the State of Connecticut, filed a motion to dismiss plaintiffs’ challenges to the public financing program.  On June 6, 2007, the Brennan Center’s Suzanne Novak participated in oral argument before the court.  (Read the transcript here.)

On March 20, 2008, Judge Stefan Underhill dismissed two of the Plaintiffs' claims, ruling that the triggering of extra public funds to participating candidates who face high private spending does not burden the exercise of any First Amendment rights.  However, the Plaintiffs' claims about the public financing system's treatment of minor party and petitioning candidates survived the motion to dismiss, and the parties will submit summary judgment briefs in April.

Ban on Contributions from Lobbyists and State Contractors

The second track of this case centers on the 2005 law’s restrictions on contributions from special interest groups. Lobbyists, state contractors and prospective state contractors are prohibited from making contributions to certain candidate committees for legislative and statewide offices, candidate-affiliated political action committees (PACS) and party committees.

The Association of Connecticut Lobbyists, along with the Green Party and the other Plaintiffs from the public funding part of the case, allege in their complaints that that the contribution and solicitation restrictions on principals of state contractors, prospective principals of state contractors, communicator lobbyists and their families are unconstitutional.

On July 13, 2007, Plaintiffs filed a motion for summary judgment, and the Brennan Center, along with the State of Connecticut, filed a cross motion for summary judgment.  On August 24, 2007 the Plaintiffs filed two responses: one by the ACLU and one by the Association of Connecticut Lobbyists.  The Brennan Center and the State filed a single response.  On September 26, 2007, the Plaintiffs filed a reply as did the Brennan Center and the State.

Hogan & Hartson partner Ira Feinberg presented oral argument on behalf of Defendants and Intervenor-Defendants at a hearing on March 4, 2008.  (Read the transcript here.)

Related Court Documents

Tags: Democracy, Campaign Finance Reform, Public Financing