From the Colorado Independent, watchdog group Colorado Ethics Watch has convinced the state Supreme Court to hear its case against two rather stiltedly “not political” committees:
In its first Supreme Court case ever, Ethics Watch is seeking to overturn a lower court ruling siding with the two groups – Senate Majority Fund and the Colorado Leadership Fund.
The two 527s, named after a section of the IRS code, successfully convinced a lower court judge and an the Colorado Court of Appeals that they did not act as political committees when they ran TV and print ads supporting several candidates for the State Legislature in 2008 because those ads didn’t use the terms “vote for” or “defeat.”
So that could have some implications, obviously–it seems to us there is some spectrum between entities that happen to do some messaging around an election, but are nonetheless rightly judged as not a “political committee” under Colorado election law, and an organization as patently devoted to electioneering as the name “Senate Majority Fund” implies. We would hope that Ethics Watch can get some of what it wants here while preserving that rightful distinction.
Fun fact: the Independent helpfully notes that the attorney of record representing the Senate Majority Fund in this suit is…Secretary of State-elect Scott Gessler, naturally!
One assumes they’ll need a new lawyer. Just another example of why, when we referred to Gessler during the campaign as “Fox for Henhouse Secretary,” we really weren’t joking.
You must be logged in to post a comment.
BY: JohnInDenver
IN: Colorado Republicans On The Run, Meet Under A Literal Bridge
BY: davebarnes
IN: Tina Peters’ Final Appeal To Supreme Court Fails
BY: JohnInDenver
IN: The Road to Respectability Won’t Include Matt Burcham
BY: JohnInDenver
IN: Tina Peters’ Final Appeal To Supreme Court Fails
BY: JohnInDenver
IN: Wednesday Open Thread
BY: bullshit!
IN: Colorado Republicans On The Run, Meet Under A Literal Bridge
BY: bullshit!
IN: Tina Peters’ Final Appeal To Supreme Court Fails
BY: ClubTwitty
IN: Republicans are Totally Not Terrified of Kamala Harris
BY: Gilpin Guy
IN: Tina Peters’ Final Appeal To Supreme Court Fails
BY: bullshit!
IN: Wednesday Open Thread
Subscribe to our monthly newsletter to stay in the loop with regular updates!
I watched the Oral Arguments when this was in the Court of Appeals. This is a tricky area of election law, but it appears that under current doctrine, Colorado Ethics Watch is going to lose. The law is simply not on their side.
That being said, political considerations are more prevalent in the Supreme Court, so it could go another direction.
And just for the record, Gessler did a great job, regardless of political considerations. He really is a stellar attorney.
Especially when he’s serving as registered agent for the Auto Dealers Association, not filing their reports, and letting them run up big fines.
Stellar.
Still, an impressive advocate in the courtroom.
A scofflaw who doesn’t advocate for his clients.