GREEN PARTY OF CONNECTICUT v. GARFIELD

Docket Nos. 09-3760-cv(L), 09-3941-cv(CON).

616 F.3d 213 (2010)

GREEN PARTY OF CONNECTICUT, S. Michael Derosa, Libertarian Party of Connecticut, Elizabeth Gallo, Joanne P. Philips, Roger C. Vann, Barry Williams, and Ann C. Robinson, Plaintiffs-Appellees, American Civil Liberties Union of Connecticut and Association of Connecticut Lobbyists, Plaintiffs, v. Jeffrey GARFIELD, in his official capacity as Executive Director and General Counsel of the State Elections Enforcement Commission, and Richard Blumenthal, in his official capacity as Attorney General, Defendants-Appellants, Patricia Hendel, Robert N. Worgaftik, Jaclyn Bernstein, Rebecca M. Doty, Enid Johns Oresman, Dennis Riley, Michael Rion, Scott A. Storms, and Sister Sally J. Tolles, each in his or her official capacity as a Member or Official of the Office of State Ethics, Benjamin Bycel, in his official capacity as Executive Director of the Office of State Ethics, Defendants, Audrey Blondin, Common Cause of Connecticut, Connecticut Citizen Action Group, Kim Hynes, and Tom Sevigny, Intervenor-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 13, 2010.


Attorney(s) appearing for the Case

Gregory T. D'Auria, Senior Appellate Counsel (Richard Blumenthal, Attorney General, Perry Zinn Rowthorn, Associate Attorney General, Maura Murphy Osborne, Assistant Attorney General, on the brief) Office of the Attorney General of the State of Connecticut, Hartford, CT, for defendants-appellants.

Ira M. Feinberg, Hogan & Hartson LLP, New York, N.Y. (Monica Y. Youn, Angela Migally, and Mimi Marziani, Brennan Center for Justice at the New York University School of Law, New York, NY, and David Dunn, Hogan & Hartson LLP, New York, NY, on the brief), for intervenor-defendants-appellants.

Mark J. Lopez, Lewis, Clifton & Nikolaidis, P.C., New York, N.Y. (Benjamin Sahl, American Civil Liberties Union Foundation, New York, NY, on the brief), for plaintiffs-appellees.

Benjamin Barr, Center for Competitive Politics, Alexandria, VA, for amicus curiae Center for Competitive Politics in support of plaintiffs-appellees.

William R. Maurer, Institute for Justice, Seattle, WA, for amici curiae Dean Martin, Robert Burns, Rick Murphy, Arizona Free Enterprise Club's Freedom Club PAC, and Arizona Taxpayers Action Committee in support of plaintiffs-appellees.

Before KEARSE, CABRANES, and HALL, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

This is the first of two opinions in which we consider a constitutional challenge to certain provisions of Connecticut's Campaign Finance Reform Act (CFRA).

The CFRA, enacted in 2005, represents a comprehensive effort by the Connecticut General Assembly to change the way that campaigns for state office in Connecticut are financed. We consider here a challenge to the Citizens Election Program (CEP), a part of the CFRA that...

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