Seymour v. Elections Enforcement Commission

762 A.2d 880, 255 Conn. 78, 2000 Conn. LEXIS 431
CourtSupreme Court of Connecticut
DecidedDecember 19, 2000
DocketSC 16167
StatusPublished
Cited by16 cases

This text of 762 A.2d 880 (Seymour v. Elections Enforcement Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seymour v. Elections Enforcement Commission, 762 A.2d 880, 255 Conn. 78, 2000 Conn. LEXIS 431 (Colo. 2000).

Opinions

Opinion

NORCOTT, J.

This case raises important questions regarding the constitutionality of Connecticut’s political advertising disclosure laws and the commission created to enforce them. After an evidentiary hearing, the defendant, the state elections enforcement commission (commission), found that the plaintiffs, Gabriel Seymour and Robert Reid, had violated certain campaign finance laws. The plaintiffs appealed from the decision of the commission to the trial court. The trial court affirmed the commission’s finding that the plaintiffs had violated the campaign law in question and its order that they were henceforth to comply with the statute, and accordingly, dismissed the plaintiffs’ appeal. This appeal followed.1 We affirm the judgment of the trial court.

The following facts are relevant to our disposition of this appeal. This case arises out of the plaintiffs’ 1997 campaign for the position of first selectman and a position on the board of selectmen of Falls Village, respectively. On September 3, 1997, and again on September 12, 1997, the plaintiffs released statements to local [81]*81newspapers with the intention that the statements be published. The plaintiffs prepared each statement on a personal computer and faxed the documents to at least three local newspapers. The expenses associated with the statements were shared equally by the plaintiffs. Although the statements contained both plaintiffs’ names and telephone numbers, neither statement indicated who had paid for them.

On September 18,1997, and again on October 8,1997, James P. McGuire filed complaints2 with the commission claiming that the plaintiffs had failed to include the “paid for by” attribution requirement, as mandated by General Statutes § 9-333w (a).3 These complaints remained pending throughout the duration of the campaign. On November 4, 1997, Seymour was elected first selectman, and Reid was unsuccessful in his bid for second selectman.4

[82]*82On January 14, 1998, a commission hearing officer conducted a contested evidentiary hearing. A report was issued on March 3,1998. The report stated that the plaintiffs’ failure to list the identity and address of the paying party accompanied by the words “paid for by” constituted a “technical” violation of § 9-333w. The commission adopted the report of the hearing officer and ordered the plaintiffs henceforth to comply with the statute. The trial court dismissed the plaintiffs’ appeal from the decision of the commission.

The plaintiffs’ appeal from the judgment of the trial court raises the following issues: (1) whether the disclosure requirements of § 9-333w violate the first and fourteenth amendments to the United States constitution, thereby rendering the statute void and unenforceable; (2) whether the alleged delay of any hearing or decision by the commission until after the election, coupled with the alleged assertions, by the commission, of the statutory violation by the plaintiffs, violated the plaintiffs’ constitutional rights under the first, fifth and fourteenth amendments to the United States constitution; and (3) whether operational control of the commission’s enforcement activities by a dominant majority of legislative political appointees, as provided by General Statutes §§ 9-7aand 9-7b,5 violates Connecticut’s separation [83]*83of powers doctrine. We conclude that: (1) § 9-333w is constitutional; (2) the alleged delay did not violate the plaintiffs’ constitutional rights; and (3) §§ 9-7a and 9-7b do not violate our separation of powers doctrine. Accordingly, we affirm the trial court’s judgment.

I

The essence of the first issue is whether the disclosure requirements set forth in § 9-333w unconstitutionally burden the plaintiffs’ right to free speech. The United States Supreme Court has repeatedly held that political speech is at the nucleus of the protection afforded by the first amendment. “Discussion of public issues and debate on the qualifications of candidates are integral to the operation of the system of government established by our Constitution. The First Amendment affords the broadest protection to such political expression in order ‘to assure [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people.’ Roth v. United States, 354 U.S. 476, 484 [77 S. Ct. 1304, 1 L. Ed. 2d 1498] (1957). Although First Amendment protections are not [84]*84confined to ‘the exposition of ideas,’ Winters v. New York, 333 U.S. 507, 510 [68 S. Ct. 665, 92 L. Ed. 840] (1948), ‘there is practically universal agreement that a major purpose of that Amendment was to protect the free discussion of governmental affairs ... of course includ[ing] discussions of candidates . . . .’ Mills v. Alabama, 384 U.S. 214, 218 [86 S. Ct. 1434, 16 L. Ed. 2d 484] (1966). This no more than reflects our ‘profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open,’ New York Times Co. v. Sullivan, 376 U.S. 254, 270 [84 S. Ct. 710, 11 L. Ed. 2d 686] (1964). In a republic where the people are sovereign, the ability of the citizenry to make informed choices among candidates for office is essential, for the identities of those who are elected will inevitably shape the course that we follow as a nation. As the Court observed in Moniter Patriot Co. v. Roy, 401 U.S. 265, 272 [91 S. Ct. 621, 28 L. Ed. 2d 35] (1971), ‘it can hardly be doubted that the constitutional guarantee has its fullest and most urgent application precisely to the conduct of campaigns for political office.’ ” Buckley v. Valeo, 424 U.S. 1, 14-15, 96 S. Ct. 612, 46 L. Ed. 2d 659 (1976).

Political speech is given the highest level of scrutiny under our rubric of judicial review. “When a law burdens core political speech, we apply ‘exacting scrutiny,’ and we uphold the restriction only if it is narrowly tailored to serve an overriding state interest.” McIntyre v. Ohio Elections Commission, 514 U.S. 334, 347, 115 S. Ct. 1511, 131 L. Ed. 2d 426 (1995); see also First National Bank of Boston v. Bellotti, 435 U.S. 765, 786, 98 S. Ct. 1407, 55 L. Ed. 2d 707 (1978). Because the statute at issue in the present case requires that certain information be included within the distributed material, i.e., the identity of the person paying for the distributed material, it necessarily regulates the content of speech. As a result, the limitation on political expression is [85]*85subject to exacting scrutiny. See Meyer v. Grant, 486 U.S. 414, 420, 108 S. Ct. 1886, 100 L. Ed. 2d 425 (1988).

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Bluebook (online)
762 A.2d 880, 255 Conn. 78, 2000 Conn. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seymour-v-elections-enforcement-commission-conn-2000.