DENVER—This week’s U.S. Supreme Court ruling on political spending has left the state’s campaign finance law vulnerable to a legal challenge, but the top elections officer is hoping to avoid that by asking the Colorado Supreme Court for advice.
Secretary of State Bernie Buescher reached out Friday to Republican and Democratic legislative leaders, Gov. Bill Ritter and election lawyers, urging them to try to work together to figure out the fate of Amendment 27 rather than file a lawsuit. His plan is to come up with a list of questions about how the Supreme Court ruling affects parts of Colorado’s law and see if state lawmakers can pass any needed changes during the current session.
For example, he said legislators could pass a law calling for more disclosure for the new unlimited spending allowed by the ruling.
Buescher said asking for judicial advice would be the fastest way to find out what the new campaign finance rules should be in the middle of a busy election year. He said it also would save money because the state, with a law that is at least now partially unconstitutional, would likely end up paying attorneys fees as the losing side in a court battle.
“We’re going to work diligently on this and we need folks to take a little bit of time,” he said.
Buescher said it will probably take a week just to figure out what to ask the court because the ruling and the law are so complex.
For example, under the high court’s ruling, he said big business and unions can now directly spend unlimited amounts to produce and run their own campaign ads in Colorado despite a ban in Amendment 27. However,, the court left in place a ban on donations by corporations directly to candidates, which is also banned by Colorado law.
Amendment 27 was passed by voters in 2002 after lawmakers weakened an earlier campaign finance law. Lawmakers from both parties have their complaints about it, but Republicans tend to dislike it more because unions have been able to take advantage of a provision allowing them to bundle small contributions from dues-givers, giving an edge to Democrats.
Colorado Republican Party chair Dick Wadhams also said “left-wing millionaires” like Pat Stryker and Tim Gill have skirted the law by donating money to groups known as 527s that don’t have to disclose where they get their money.
Republicans see overturning Amendment 27 as a potential gamechanger in an important election year. But for now, House Minority Leader Mike May and Senate Minority Leader Josh Penry back Buescher’s idea to ask for advice first. If they don’t think the court gives a fair interpretation though, they say the case could end up in federal court.
Wadhams said the state GOP is still reviewing its options and hasn’t decided whether it will file suit.
Republican Sen. Greg Brophy, meanwhile, wants to ask voters to throw out all the limits in Amendment 27 and just require that candidates report the source of any donations over $1,000.
