DENVER—Gov. Bill Ritter took a dispute over campaign finance laws straight to the Colorado Supreme Court on Tuesday, asking the court to rule quickly because he believes inconsistencies in the state constitution are “likely to cause widespread confusion as the election season begins.”
In a letter to the court, Ritter said until the law is clarified, local and statewide candidates and their donors face uncertainty as to whether their campaign activities are legal and the state will be left facing lawsuits in state and federal courts.
Ritter said quick action is needed because precinct caucuses begin next month and party primaries will be held in August.
Ritter’s chief legal counsel, Trey Rogers, said the governor is asking the court to determine if state campaign finance laws are unconstitutional in light of a recent U.S. Supreme Court decision.
Under the U.S. Supreme Court’s ruling, businesses and unions can now directly spend unlimited amounts of money to produce and run their own campaign ads despite a ban in Amendment 27, which was approved by Colorado voters in 2002.
House Majority Leader Paul Weissmann, D-Louisville, said lawmakers are drafting a resolution supporting Ritter’s decision to take the dispute to court.
Weissmann said lawmakers are hoping for a quick ruling so any changes can be made before the Legislature adjourns May 12, in time for the November elections.
“We want to find out what part of our constitution is unconstitutional. The easiest way is for the governor to ask the state Supreme Court,” Weissmann said.
Rogers said if the state Supreme Court determines the law is unconstitutional, companies and labor organizations could immediately begin raising money and it would not require voter approval.
Secretary of State Bernie Buescher said last month he thinks the U.S. Supreme Court ruling invalidates two limited parts of Colorado’s Amendment 27 that bar corporations and unions from spending on political advertisements.
Republicans see overturning Amendment 27 as a potential game-changer 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, however, they say the case could end up in federal court.
State Republican Party chairman Dick Wadhams said the state GOP is reviewing its options and hasn’t decided whether it will file suit. Colorado’s law also bars corporations and unions from directly donating to a candidate and limits the size of donations. A lawsuit could seek to get those parts overturned as well.
“Given the partisan nature of the state Supreme Court and their rulings in recent cases, we will be very wary of this issue until they respond. They have consistently come down with partisan advantages for their Democratic benefactors,” Wadhams said Tuesday.
Jenny Flanagan, executive director of Colorado Common Cause, which helped pass the law, said only the parts of the law specifically addressed by the U.S. Supreme Court should be at issue.
