November 15, 2010 •
Next Stop: U.S. Supreme Court? Colorado Campaign Finance Case Appears Ripe for Appeal
The 10th Circuit Court of Appeals determined Colorado’s voter-approved campaign reporting requirement for small groups promoting ballot initiatives to be unconstitutional. The case stems from a challenge by a group of homeowners who failed to register as an issue committee upon becoming a group of two or more persons and accepting or making contributions or expenditures in excess of $200. Six homeowners had raised and spent less than $1,000 fighting a ballot question concerning the annexation of their subdivision, Parker North, into the town of Parker, Colorado.
Plaintiff’s attorney Steve Simpson, a member of the Arlington, Virginia-based Institute for Justice, has stated this case is the first ruling in the nation wherein reporting requirements for issue committees have been linked to the First Amendment and deemed unconstitutional. Simpson also added the decision in this case signals a split with another appellate court, causing the case to be ripe for appeal before the U.S. Supreme Court.
You can read the full text of the opinion here.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.