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
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Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us Opinions are also posted on the Colorado Bar Association homepage at www.cobar.org. ADVANCE SHEET HEADNOTE March 22, 2010 10SA43, 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: First Amendment Colorado Constitution Campaign Finance Pursuant to section 3 of Article VI of the Colorado Constitution, the Governor submitted two interrogatories to the Colorado Supreme Court on February 9, 2010, concerning whether various provisions of article XXVIII of the Colorado Constitution were unconstitutional in light of the United States Supreme Court s decision in Citizens United v. Federal Election Commission ___ U.S. ___, 130 S. Ct. 876 (2010), The supreme court answered both interrogatories in the affirmative. It held that to the extent section 3(4) of article XXVIII of the Colorado Constitution makes it unlawful for a corporation or labor organization to make expenditures expressly advocating the election or defeat of a candidate, it violates the dictates of the First Amendment of the United States Constitution. Similarly, it held that, to the extent section 6(2) of article XXVIII of the Colorado Constitution makes it unlawful for a corporation or a labor organization to provide funding for an electioneering communication, it violates the dictates of the First Amendment of the United States Constitution. 2 SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203 Case No. 10SA43 Original Proceeding Pursuant to Article VI, Section 3 of the Constitution of the State of Colorado 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 INTERROGATORIES ANSWERED IN THE AFFIRMATIVE EN BANC March 22, 2010 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 PER CURIAM. 2 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 (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 Elections Commission, 558 U.S. ___ (No. 08205, January 21, 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: A. Corporations? B. Labor organizations? Interrogatory No. Two: In light of the U.S. Supreme Court s ruling in Citizens United v. Federal Elections Commission, 558 U.S. ___ (No. 08205, January 21, 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: A. Corporations? 3 B. Labor organizations? 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, School District 14 Classroom Teachers Association, and the Douglas County Federation; the Colorado Professional Fire Fighters; and Colorado Common Cause. Rather than availing themselves of the opportunity to file Answer Briefs, all of the responding parties filed a Joint Motion To Close Briefing And Declare Case At Issue, agreeing that both of the interrogatories should be answered in the affirmative. We answer the first interrogatory in the affirmative. To the extent that section 3(4) of article XXVIII of the Colorado Constitution makes it unlawful for a corporation or labor organization to make expenditures expressly advocating the election or defeat of a candidate, it violates the dictates of the First Amendment of the United States Constitution, in light of the United States Supreme Court s decision in Citizens United 4 v. Federal Elections Commission, ___U.S. ___, 130 S. Ct. 876 (2010). We also answer the second interrogatory in the affirmative. To the extent that section 6(2) of article XXVIII of the Colorado Constitution makes it unlawful for a corporation or a labor organization to provide funding for an electioneering communication, it violates the dictates of the First Amendment of the United States Constitution, in light of the United States Supreme Court s decision in Citizens United v. Federal Elections Commission, ___ U.S. ___, 130 S. Ct. 876 (2010). 5
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