We strongly supported last month’s ruling by the U.S. Supreme Court that lifted free speech restrictions for corporations and unions.
With that said, we also understand that the decision in Citizens United vs. Federal Election Commission has the potential to lead to campaign confusion and costly legal wrangling, especially here in Colorado, where the state constitution specifically prohibits corporations from entering into political campaigns.
So we were happy to see quick actions from Secretary of State Bernie Buescher, who sent a series of interrogatories (fact-finding queries for legal guidance), approved by Gov. Bill Ritter and the legislature in a joint resolution, to the Supreme Court.
“With the election cycle already underway, it’s imperative that our state and local candidates and the voters have a clear understanding of the laws governing campaign finance,” Buescher explained.
It is true that state’s first step is to ask the Supreme Court to clarify the contradictions in the state constitution and in federal law in an effort to avoid a flood of partisan lawsuits and provide everyone with some much- needed clarity, but there are other concerns, as well. It was prudent, for instance, for Buescher to set up an advisement committee consisting of legal experts, representatives from both political parties and special interest groups, to help craft the questions for the Supreme Court rather than do it alone. We hope this kind of sane discussion will continue as the campaigns heat up.
Caucuses and assemblies begin in March and the election season will be in full force leading up to the August primaries. Without guidance from the Supreme Court, the state is opening itself up to campaign anarchy. Since any lawsuit on the topic of campaign finance would end in the hands of the Colorado Supreme Court anyway, special-interest groups should remain vigilant and avoid unnecessary lawsuits before the state has any idea what limitations will be in place.
Despite the unhappiness the Citizens United case has caused in some quarters, protecting the First Amendment is in every citizen’s best interest. Our hope is that the state continues to demand a high level of transparency in campaign matters.
All voters have a right to be heard, but they also deserve to know who is funding the political ads so they’re armed with the information and are able to judge for themselves.
