Mikutel’s newsletter — fortuitous or well timed?

Did state Rep. Steven Mikutel, Democrat of Griswold, go astray of a state election’s law when his “Capitol Report 2011” newsletter arrived in Griswold mailboxes just a couple of week’s before the election? Maybe.

Mikutel, you see, is also a selectman in Griswold and is up for re-election to that position Nov. 8. His taxpayer-funded newsletter, which under state law all state legislators are allowed to mail out to their constituents, arrived at an opportune time to promote his candidacy as selectman. It cites his efforts in securing a $125,000 grant for the Slater Library in that town (full disclosure: my wife works as a librarian there); $500,000 in bonding for the Connecticut Agricultural Experiment Station’s Griswold Research Center; and reminds voters he opposed the state budget with all its tax increases.

While the newsletter makes no reference to his selectman’s race, it may still run afoul of Sec. 9-610(d) of the Connecticut statutes:

“No incumbent holding office shall, during the three months preceding an election in which he is a candidate for re-election or election to another office, use public funds to mail or print flyers or other promotional materials intended to bring about his election or re-election.” (Italics added.)

The reason for the law is obvious — not giving an incumbent unfair advantage by sending out a pre-election newsletter, paid for by taxpayers, outlining all the wonderful things the candidate did.

Yet when it comes to enforcing the law the State Elections Enforcements Commission has given elected officials wide latitude. In past cases it created a three-pronged test in deciding whether a flyer violates the restriction. One, it must reference party affiliation; two, it must reference the record of the elected official; three, it must contain a solicitation for contributions or other support for the official’s campaign.

That’s a high bar, probably higher than authors of the law intended. The Mikutel flyer makes his party affiliation fairly clear, referencing the web site: www.housedems.ct.gov. It certainly references his record, which is prong two. But it does not contain a solicitation for contributions. Any solicitation for “other support” is at best implicit.

Mikutel, who represents Lisbon, Plainfield and Voluntown, as well as Griswold, said it never crossed his mind that the timing of the newsletter’s release would coincide with his campaign for selectman. He puts out the newsletter shortly after the session wraps up, he said. This year he delayed it to see how the off-again, on-again labor concession deal would work out, said Mikutel. He finally sent it to the printer a few weeks ago and it showed up recently in mailboxes. Mikutel said he considers a newsletter that informs his constituents of his positions and actions to be an important service. 

I tend to believe his plea that he was unaware of the indiscretion. Mikutel is a popular political figure in Griswold. He likely does not need a boost to recapture his selectman’s seat. His fiscal conservatism in populist clothing seems to play well in the Democratic, yet relatively conservative, town and district.

But this was careless. Mikutel should have thought about how it would look to have a self-serving legislative newsletter delivered just days before an election in which he is a candidate.

It didn’t look good.