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    Tuesday, May 14, 2024

    2014 campaign ploy haunts Malloy, Democrats

    The Democratic State Central Committee and by extension, Gov. Dannel P. Malloy, knew they were on shaky legal ground when they pushed ahead with the use of federal campaign funds in the successful attempt to get Malloy re-elected in 2014.

    I wrote in my column two weeks ago about the continuing federal probe into whether the Democrats broke the law when they used campaign donations raised under federal rules to circumvent the tough restrictions in state law.

    A review of Connecticut State Elections Enforcement Commission and Federal Election Commission documents shows how specious were the legal arguments raised by the Democrats to skirt the state rules.

    Malloy and the Democrats were hamstrung in two ways by the Connecticut rules. In 2014, for the second straight election, Malloy was participating in the state’s Citizens’ Election Program, which provides public funding of state campaigns to keep the corrupting influence of big-money donations out of the process. His Republican challenger, Tom Foley, also participated. Both received $6.5 million state grants to pay for their campaigns. Both signed affidavits swearing not to accept any outside donations to supplement the grants.

    In addition, candidates for governor, whether publically financed or not, cannot accept donations from executives at companies that have state contracts or are eligible to bid on them. Lawmakers passed the rule to prevent the steering of contracts to favored donors, the type of corruption that drove Gov. John G. Rowland out of office in 2004 and into federal prison for a year.

    But Democrats brazenly sought such outside donations and pushed them into its federal account. On Oct. 1, 2014 attorney Neil Reiff, counsel to the Connecticut Democratic State Central Committee, wrote to the Federal Elections Commission asking for an advisory opinion as to whether it was OK under federal rules to use the money for Malloy re-election fliers, even though he was a state candidate, since the material included “get out the vote” language.

    In a statement filed in opposition to the plan, Connecticut Common Cause saw through the ruse.

    “What really is going on here is that Connecticut law has stricter funding requirements for state campaign activities than Federal law has for Federal campaign activities,” stated Common Cause officials. “The State Party is seeking to take advantage of the more relaxed Federal rules for funding its Malloy campaign mailer.”

    An examination of the FEC record shows near universal opposition to the interpretation of the law by the Democrats. With the election coming to a close finish, and with the requested advisory opinion from the FEC still pending, the Democrats sent out the Malloy election fliers.

    On Oct. 22, Reif wrote to the FEC and withdrew the request by the Democrats for an advisory opinion. Found in the record, however, is a “White Draft,” or draft decision, which never became final because of the withdrawal.

    The draft, which carries then-FEC Chairman Lee E. Goldman’s name but is not signed, concludes that the Malloy mailings were “not federal election activity” and federal funds could not be used to pay for it. Sticking a small item on the fliers that states voting hours and provides a phone number, “For a ride to the polls,” did not make it a “get out the vote” document permissible under federal rules, states the draft decision.

    “The addition of voting-related information to the mailer … appears to have been included by the (Democratic) Committee only to avoid the requirements of state law,” concludes the draft ruling.

    “Granting the request” to allow use of the federal account to help Malloy get elected “would not only undermine state law, it would also be contrary to the intent of Congress in enacting the restrictions on federal election activity.”

    Again, those conclusions are from a draft document, and perhaps the legal team for the Democrats could have prevailed in a final opinion, though it appears unlikely given the strength of the language.

    The Democrats settled a probe launched by the State Elections Enforcement Commission with a $325,000 payment and a promise not to try to use federal rules again to get around state campaign law. But the investigation of potential criminal violations of federal rules continues.

    Ken Dixon, writing for Hearst Connecticut Media, reported recently that Sandra A. Lyon, former chief of staff to the Democratic State Central Committee, and Meghan Meehan-Draper, its former finance director, were questioned in Washington by FBI agents. Another former Democratic staffer, Jordan Hegel of Glastonbury, confirmed to Dixon that he appeared before the federal grand jury in New Haven.

    About $300,000 was spent on the controversial fliers, but federal funds could have also been used to pay campaign staff, expanding the territory for federal investigators to probe.

    Two years after the fact, the funny federal money scheme is taking on the appearance of a genuine scandal.

    Paul Choiniere is the editorial page editor.

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