The Colorado Court of Appeals agreed today that secretary of state exceeded her authority when she imposed a campaign finance rule requiring labor unions and other groups to get each member’s permission to make political contributions from dues.
But the three-judge panel kept the rule in place through Monday to give the state time to decide whether to ask the Colorado Supreme Court to review the ruling.
The state attorney general’s office was discussing the ruling with Secretary of State Gigi Dennis and had not yet decided whether to appeal, spokeswoman Kristen Holtzman said.
If they don’t appeal, the case will go back to Denver District Judge John McMullen for a trial to determine the validity of the rule.
Dennis, a Republican, had argued the rule was necessary to ensure openness in politics and avoid the appearance of corruption.
Democrats argued it unfairly restricted their ability to raise donations.
Dennis imposed the rule two months ago, with control of the Legislature, the governorship and at least one seat in Congress considered up for grabs in the November election.
McMullen had determined that the rule would make it difficult for the plaintiffs, which include two teachers’ unions, to seek and obtain permission from members to make political contributions. He said that violated their constitutional rights and that the plaintiffs probably would win if the case went to trial.
The appeals court judges agreed “in a big way,” plaintiffs’ attorney Mark Grueskin said.
“They held that the secretary exceeded her authority in enacting the rule, that there was no basis for the rule in the Constitution and as a matter of fact flew in the face of what the U.S. Supreme Court has said,” Grueskin said. “The Supreme Court has been very clear that the process that organizations like the plaintiffs have been using (to use dues to make political contributions) is the constitutional way of going about it.” For now, he said, the legal battles affect only the named plaintiffs: the Colorado Education Association, the American Federation of Teachers Local 858, political committees those unions formed, four members of those unions and one state legislator who is running for re-election.
But if a trial determines that the rule is invalid, that decision would cover all people and entities affected by the rule, Grueskin said.
