Humbug! Who’s Behind The Billboard Against Bill?

The buzz this week is about the billboard. Who’s behind it? Who’s paying for it?

If you’re John Q. Citizen acting alone (not conspiring with a campaign) to influence a primary election, state law says you can spend as much as you want but you must file a disclosure form if more than $1,000 is spent on the effort. (If you’re affiliated with a campaign it’s a different story.)

The “Anyone but FINCH!” billboard towering over the Route 25-8 connector includes a teaser to www.BarnumsPost.com, an advocacy website promoting the defeat of Mayor Bill Finch. The billboard also includes a disclaimer “paid for by BarnumsPost.com, Sharon London, Treasurer.” It’s unclear if a political action committee has been filed in conjunction with this effort. An independent expenditure does not require formation of a political committee.

Sharon also took a two-month (recently completed) advertising run on OIB with a link to the website that largely features press releases from Finch opponents and humbug from “P.T. Barnum.” Sharon isn’t disclosing much about the genesis of the site, or her beef with Finch, other than to say the billboard is driving lots of new visitors to the website. Thousands of cars each day have an excellent vantage point to the billboard. A check with the State Elections Enforcement Commission produced the state law that accompanies (presumably) an individual acting alone in these kinds of situations. SEEC Form 22 would have to be filed, assuming more than $1,000 was spent for this effort, with the Bridgeport Town Clerk’s Office by July 11. Billboards aren’t cheap. From the SEEC:

An individual must file this form when they make, or obligate to make, an “independent expenditure or expenditures” in excess of (s) $1000 that: (1) promotes the success or defeat of any candidate’s campaign for election or nomination at a primary; or (2) promotes the success or defeat of a referendum question. Put another way, an individual makes or obligates to make an expenditure that triggers the filing of this form when that individual, acting alone, makes or obligates to make a purchase, payment, distribution, loan, advance, deposit or gift from their personal assets, that exceeds $1000 for a communication or communications (i.e., flyers, pamphlets, newspaper advertisements, television advertisements, etc.) that promotes the success or defeat of any candidate’s campaign for election or nomination at a primary; or (2) promotes the success or defeat of a referendum question.

When is the “Expenditure(s)” considered “Independent”?: The above referenced expenditure will be deemed to be independently made when an individual acts alone in making the type of expenditure referenced above; for example, when that individual makes all decisions concerning the communication (i.e., form, content, recipients, method of distribution and payment) without the consent, knowing participation, or in consultation with any other individual; and that expenditure does not otherwise fall within the definition of “coordinated expenditure.” See Connecticut General Statutes § 9-601(19) (defining the term “coordinated expenditure”). This form is not required if the expenditure is a “coordinated expenditure.”

Please note, an individual that serves in an election cycle as campaign chairperson, campaign treasurer or deputy treasurer of a candidate committee, political committee or party committee or in any other executive or policymaking position as a member, employee, fundraiser, consultant or other agent of any of the above named committees is incapable, as matter of law, of making during the same election cycle an “independent expenditure” that benefits the committee on which that individual serves. All expenditures made by such individuals that benefit the committee on which the individual serves will be deemed to be “coordinated expenditures” and thus, must be reported by that committee as an “In-Kind Contribution” from that individual.

When Does A Communication Promote the Success or Defeat of a Candidate or Referendum Question?: A communication will be deemed to “promote the success or defeat of” any candidate’s campaign for election or nomination at a primary or “promote the success or defeat of” a referendum question when: (1) that communication contains words that expressly advocate the election or defeat of a candidate or referendum question (i.e. “vote for,” “defeat,” “support,” “reject,”); or (2) that communication, when taken as a whole and with limited reference to contextual factors, cannot reasonably be interpreted to mean anything other than an appeal to vote for or against a specific candidate or question.

Finally, please note that an individual can make an unlimited amount of “Independent Expenditures” but not “Coordinated Expenditures.” “Coordinated Expenditures” are “In-Kind Contributions” and are therefore subject to the contributions limits applicable to individuals.