Last
week, the Connecticut legislature passed HB5556, An Act Concerning
Changes to Campaign Finance Laws, commonly known as the Disclosure
Act. The Act requires disclosure of who is financing political
advertisements occurring within 90 days of an election, and that this
disclosure be made within 12 hours of the advertisement. This
effectively ferrets out the real people behind these ads and affords
the voters (i.e. the governed) the opportunity to divine the real
interests said people are promoting. The fiduciary bond between the
government and the governed, as we know from the Declaration of
Independence, is based on consent. With the Disclosure Act,
Connecticut voters can know the parties to whom they are truly giving
consent. Further, the Act requires that organizations engaged in
making political expenditures reveal the names of all donors giving
$1000 or more. This does not place overly onerous reporting
requirements on these organizations, nor does it reveal the names of
smaller donors. The Act also requires that the names of the top 5
donors to these organizations be given in the advertisement. Clearly,
the Act seeks to prevent people like Sheldon Adelson or George Soros
from tilting the electoral playing field behind the cape of
purposefully vague organization names such as “People for Freedom”.
The Act
that has also become known as “disclosure on steroids” would be a
nice addition to Connecticut's Clean Election Law, making Connecticut
just about the cleanest place in America to hold an election. This
would be a welcome change from the years of being known as
“Corrupticut”. But current Governor and hypocrite-in-residence
Dannel Malloy doesn't want the voters of Connecticut to have the
information with which they can give informed consent. Malloy has
indicated he will veto the bill based on unspecified constitutional
issues. Apparently the opinion of the Brennan Center for Justice at
the NYU School of Law regarding the constitutionality of this Act is
not persuasive for the Governor and his counsel. This Act puts no
greater restriction on free speech than did the Citizens United
decision – the very decision our legislators have tried to
counteract. Perhaps Malloy, who was a huge beneficiary of
Connecticut's public election financing system in 2010, is now
finding the trappings of power a bit too appealing to risk losing
them in 2014. Like myriad “Washington outsiders” elected to the
US Congress on promises of change, Malloy's tune changed once he was
on the inside. Like the leaders of his party on a national basis,
Malloy decries the influence of big money but will gladly take all he
can get; finding out where it comes from, and the favors expected in
return, is your problem. Perhaps the fact that Malloy's star is
rising within his party nationally has given him aspirations of
higher office in 2016 or 2020; the best way to achieve those goals is
to remain in office, and Malloy appears to be willing to sacrifice
the voters of Connecticut in order to do it. Be afraid, Connecticut
voters, be VERY afraid.
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