1. PURPOSE: to assure CT voters that politicians who abuse the public trust will never return to public life in the State of Connecticut.

 

2. MEANS: The enactment of a state statute that bans those convicted of corruption , election fraud  or civil rights violations from being a candidate or an appointee to any public office in the State of Connecticut.

 

3. WHY IS THIS NEEDED?  Prior reforms, which restored voting rights to convicted felons, do not now bar such individuals from being candidates for public office, or seeking appointment to public office.   This loophole has encouraged convicted politicians to believe they may re-enter public life in Connecticut and has helped perpetuate the notion that Connecticut is "Corrupticut."  The privilege of serving in public service should be reserved for those who have not previously abused the public trust.  The tolerance of corrupt practices and corrupt officials has eroded trust in public institutions and alienates the public from public life as well as tarnishes our state's reputation. 

 

 

Terms of the Bill

 

 

Violations of the following statutes that resulted in a sentence of one year of incarceration or greater shall bar the violator for life from serving as a candidate or appointee to state or local office in Connecticut. This list shall include, but not be limited to, the following criminal statutes governing willful malfeasance of a public official in Connecticut.  The intent is to bar from public authority both those who subvert democracy by means of election and campaign finance fraud, as well as those who are elected and subsequently convert their office into a means to plunder the taxpayer or deprive the citizens of their rights.

 

State Statutes

 

Sec. 1-89 C.G.S (State Ethics Code)

Any offense enumerated under Chapter 151 of the General Statutes (Election fraud)

Sections 9-622 and 9-623 (a) C.G.S. (Campaign Finance violations)

Section 53a-119 (larceny);  if the offense was committed while a public official, public employee or candidate or campaign worker for public office.  This includes the embezzlement of public funds

The penal code sections governing bribery, perjury, false statements and kickbacks (Sec. 53a-146 thru 53a-161d). ,

The penal code sections governing bias crimes (Sec. 53a-181i thru 53a-181l) if the offense was committed while the offender was a public official, public employee or candidate or campaign worker for public office.

 

Federal statutes

 

The Federal Election Campaign Act,  2 USC § 431 et seq.

The federal bribery statute, 18 U.S.C. § 201(b),

The federal gratuity statute, 18 U.S.C. § 201(c),

The program bribery statute, 18 U.S.C. § 666

The federal false statements statute, 18 USC § 1001 if the offense was committed while the offender was a public official, public employee or candidate or campaign worker for public office.

The federal mail fraud, 18 U.S.C. § 1341, and federal wire fraud, 18 U.S.C. § 1343 statutes; if the offense was committed while the offender was a public official, public employee or candidate or campaign worker for public office.

Honest services fraud , as defined by 18 U.S.C. § 1346

Violations of the Hobbs Act, 18 U.S.C. § 1951

Violations of the Travel Act, 18 U.S.C. § 1952

Conspiracy to defraud the United States 18 U.S.C.  § 371

Deprivation of civil rights under color of law 18 U.S.C. § 242

Racketeering in violation of 18 U.S.C. § 1962

Prior to accepting a political party nomination, filing a primary election petition or a petition for ballot status as a petitioning candidate, or accepting a an appointed public office, the candidate must submit an affidavit to the Secretary of the State confirming they have not violated the terms of the aforementioned statutes, or committed any other crime in derogation of the public trust for which a term of one year or greater of imprisonment was adjudicated.     

 

The consequences

 

Anyone who has violated these laws shall face a LIFETIME ban from being qualified to serve as a candidate or public official in state of local office in Connecticut.

The offices which such an individual shall be barred from holding shall be enumerated under Sec. 1-79(k) C.G.S. and Sec. 1-110(1) C.G.S.(state elected and appointed offices) ; as well as being qualified for any elective office as defined under Sec.  9-185 C.G.S. (local elected official) , Sec. 9-218 C.G.S. (probate judges)  or Sec. 10-46 C.G.S. (regional school boards)

This will bar elections of convicted corrupt politicians to either state or local office, and will further bar their appointments as state commissioner or to major state boards or the boards of quasi-public entities.

In addition, such individuals shall be barred from being appointed to a vacancy in the office of United States Senate under Sec. 9-211 C.G.S.; or from being a candidate for House of Representative or U.S. Senator pursuant to  Sec. 9-178; 9-179 or Sec. 9-212. C.G.S.

 

The power to enforce this law

 

Enforcement will be vested in the Secretary of the State, who will be empowered to deny an individual who violates this statute a spot on any election or primary ballot. The Secretary of the State shall further be empowered to seek immediate judicial relief in the form of a mandatory injunction to bar violators from taking office and to declare any such office or nomination held by an individual in derogation of law immediately vacant.   

Individuals aggrieved from a decision of the Secretary of the State will have an immediate right of appeal to the State Supreme Court.  This will safeguard the constitutional right of due process.