Associated Press

HARTFORD -- Secretary of the State Susan Bysiewicz Tuesday urged a federal appeals court to reverse a recent decision that struck down Connecticut's public campaign financing program, saying it is too late to change the rules for candidates with an August primary looming.

Bysiewicz, a potential Democratic candidate for governor, said if the public funding is not made available, there won't be enough time for a gubernatorial candidate to raise close to the $4 million in private money that candidates in the 2006 race for governor had each raised.

Her court filing comes shortly before the 2nd U.S. Circuit Court of Appeals is scheduled to hear oral arguments in the case. Meanwhile, the program remains in place during the appeal.

"Time is of the essence," said Bysiewicz, adding how she wanted to give the appeals court a candidate's perspective. "We just need to know what the rules are."

Under the state's public financing system, participating candidates receive public grants to run their campaigns so long as they agree to raise a set amount of funds in small donations.

They must also agree to strict spending and fundraising rules, such as not accepting contributions from lobbyists and state contractors.

A candidate for governor must raise $250,000 in contributions of $100 or less in order to qualify for $1.25 million in a primary and $3 million for the general election.

For a wealthy potential candidate like Ned Lamont, who can dump millions of dollars into his own campaign, the system would greatly restrict how much he could potentially spend.

But candidates who are not personally wealthy believe the system levels the playing field, allowing them to spend the same amount as their rivals.

Bysiewicz filed the friend of the court brief under the name of her exploratory committee. It is the latest effort by a potential candidate for governor to clarify whether public funding will be available for the 2010 elections.

Some candidates had urged the General Assembly last month to revise the campaign finance law to address the judge's concerns, but legislators took no action.

In August, U.S. District Court Judge Stefan Underhill ruled that Connecticut's public campaign finance law is unconstitutional because, among other reasons, it discriminates against minor party political candidates.

Called the Citizens Election Fund, it has become a campaign issue for candidates seeking the Democratic nomination for governor.