Connecticut’s voluntary Clean Elections Program [CEP] is perhaps the most successful public financing system for state elections in the country. Since it was adopted in response to the conviction and imprisonment of former Governor Rowland on corruption charges, the CEP has achieved bipartisan support by attracting the participation of a majority of candidates from the General Assembly from both parties. It has significantly reduced the number of uncontested legislative races while eliminating direct campaign donations from state contractors and registered lobbyists from qualifying races.

Recently the Connecticut Supreme Court was asked to rule on what the Executive Director of the State Elections Enforcement Commission identified as “an issue of first impression and a notoriously tricky application of the [CEP] law”: to what extent does the First Amendment allow the CEP to ban participating candidates from using their CEP grants to make explicit campaign references to other candidates in separate races?