IN RE INTERROGATORIES BY RITTER
| Decision Date | 22 March 2010 |
| Docket Number | No. 10SA43.,10SA43. |
| Citation | 227 P.3d 892 |
| Parties | In re INTERROGATORIES PROPOUNDED BY GOVERNOR Bill RITTER, JR., CONCERNING the EFFECT OF CITIZENS UNITED v. FEDERAL ELECTION COMMISSION, 558 U.S. ___ (2010) ON CERTAIN PROVISIONS OF ARTICLE XXIII OF the CONSTITUTION OF the STATE of Colorado. |
| Court | Colorado Supreme Court |
John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Maurice G. Knaizer, Deputy Attorney General, Monica M. Márquez, Deputy Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, Attorneys for Governor Bill Ritter, Jr., and Secretary of State Bernie Buescher.
Office of Legislative Legal Services, Charles W. Pike, Sharon L. Eubanks, Robert S. Lackner, Denver, Colorado, Attorneys for the General Assembly.
Isaacson Rosenbaum P.C., Mark G. Grueskin, Denver, Colorado, Buescher Goldhammer Kelman & Dodge P.C., Joseph M. Goldhammer, Denver, Colorado, Attorneys for Colorado Education Association, School District 14 Classroom Teachers Association, and Douglas County Federation.
Thomas B. Buescher, Denver, Colorado, Attorney for Colorado Professional Fire Fighters.
Holland & Hart LLP, J. Lee Gray, Greenwood Village, Colorado, Attorneys for Colorado Common Cause.
Pursuant to section 3 of Article VI of the Colorado Constitution, the Governor submitted two interrogatories to this court on February 9, 2010, concerning the impact of Citizens United v. Federal Election Commission ___ U.S. ___, 130 S.Ct. 876, ___ L.Ed.2d ___ (2010), on the validity of various provisions of article XXVIII of the Colorado Constitution. The interrogatories are:
Interrogatory No. One:
In light of the U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission, 558 U.S. ___, 130 S.Ct. 876, ___ L.Ed.2d ___ (2010), is Section 6(2) of Article XXVIII of the Colorado Constitution unconstitutional under the First Amendment of the United States Constitution as Section 6(2) relates and applies to "funding for electioneering communication" by:
Interrogatory No. Two:
In light of the U.S. Supreme Court's ruling in Citizens United v. Federal Election Commission, 558 U.S. ___, 130 S.Ct. 876, ___ L.Ed.2d ___ (2010), is Section 3(4) of Article XXVIII of the Colorado Constitution unconstitutional under the First Amendment of the United States Constitution as Section 3(4) relates and applies to "expenditures expressly advocating the election or defeat of a candidate" by:
We agreed to accept the Governor's interrogatories and ordered that the Governor, the General Assembly, the Attorney General, the Secretary of State, Colorado Common Cause, the League of Woman Voters, the Colorado Bar Association, and any other interested persons be permitted to file simultaneous Opening Briefs in the Supreme Court clerk's office, with simultaneous Answer Briefs to follow. We received briefs from Governor Bill Ritter, Jr., and Secretary of State Bernie Buescher; the Colorado Education Association, ...
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