The Independent View: Campaign-Finance law argued before CO Supreme Court

Thanks to Ballot Access News for this post.

On the afternoon of September 27, the Colorado Supreme Court heard oral argument in Riddle v Ritter, 11-sa-12. The issue is whether a Colorado law, passed in 2004, violates the Colorado Constitution. The law says individuals may contribute $400 per year to candidates for the legislature who are nominated by primary, but only $200 per year to candidates for the legislature who get on the general election ballot by petition, or by being nominated in convention. In effect, the law gives higher contribution limits to Democrats and Republicans, relative to virtually everyone else.

The plaintiff and an independent friend, Joelle Riddle, founder of Independent Voters of Colorado (IVC), is the individual who wanted to give $400 to an independent write-in candidate for the legislature, independent friend Kathleen Curry. Curry, an incumbent, was defeated for re-election in 2010 in a close election. She came close to winning, even though she was forced to be a write-in candidate in the general election. She couldn’t get on the ballot as an independent because she had changed her registration from “Democrat” to “independent” less than a year before the 2010 primary. The hearing seemed to go well for Riddle and Curry. This case had began in U.S. District Court, but that court had it removed to the State Supreme Court because it involved interpreting the State Constitution.

The law stems from a constitutional amendment approved by voters in 2002. Amendment 27 stated that each person could donate a maximum of $200 to a statehouse candidate in a general or primary election. In 2004, the General Assembly passed a bill that allowed candidates who have a primary to receive and use the full $400 during the general election.

William Zimsky represents former Rep. Kathleen Curry of Gunnison argued Tuesday the law is unfair because most write-in and third-party candidates don't have a primary election, which automatically limits them to a $200-per-person donation. But major party candidates who may be incumbents or who run unopposed in a primary can still collect $400.

Justice Allison Eid repeatedly questioned the attorney for Gov. John Hickenlooper and Secretary of State Scott Gessler about the distinction. "How can you give a contribution to someone for a primary and then they get to use it in the general election?" Eid asked. But Leeann Morrill, an assistant attorney general, said there is nothing to indicate that Colorado voters intended to set limits on when candidates could receive or spend money.

Curry said after the hearing that the problem lies with the General Assembly's 2004 vote.