The Colorado Court of Appeals Tuesday effectively barred small-donor political committees from spending money on state races for the indefinite future.
The court also agreed to expedite an appeal of a legal dispute over new restrictions Secretary of State Gigi Dennis placed on the committees.
In August, Dennis issued rules requiring small-donor committees and other organizations, which primarily benefit Democratic candidates, to get written permission from their members before using their dues for political activities.
Some groups filed suit against the Republican secretary of state, arguing the new spending rules are unconstitutional.
On Friday, a Denver District Court judge ruled that Dennis exceed her authority by issuing the rules, but kept them in effect temporarily to give Dennis time to appeal.
Dennis contested the ruling, and on Tuesday, the appeals court agreed to hear the case Sept. 26 and ordered the rules to remain in effect indefinitely.
Before the rules took effect, small-donor groups had given more than $1.5 million to campaigns.
Deputy Secretary of State Bill Hobbs said he was “very pleased” with the order.
“The court has pretty much preserved the status quo so they can take a good solid look at it,” he said.
Lead plaintiff David Sanger, president of the American Federation of Teachers Colorado, said the order makes it hard for candidates depending on small-donor committee money.
“It just delays the work we want to do in this election,” he said. “Instead of being able to pool our money, it takes us out of the election.”
But, Hobbs argued, if the committees were able to spend money without receiving written permission from their members, it would have made the case “pretty much moot.”
Sanger’s lawyer, Mark Grueskin, disagreed.
“Unless (Dennis) passed this rule just to address 2006 politics, it wouldn’t be moot,” he said. “It would be a rule that could be generally applied in any election in the future.”
In the appeal, Dennis will argue the district court failed to properly consider the state’s interest in ensuring people are aware their money is being used for political purposes, said her lawyer, Deputy Attorney General Jason Dunn.
The plaintiffs will ask the appeals court to agree with the district court judge who found that Dennis’ rule obstructed protected speech, Grueskin said.
Staff writer Chris Frates can be reached at 303-954-1633 or cfrates@denverpost.com.
