Opinions of the Colorado Supreme Court areavailable to the public and can be accessedthrough the Court’s homepage athttp://www.courts.state.co.usOpinions arealso posted on the Colorado Bar Associationhomepage atwww.cobar.org.ADVANCE SHEET HEADNOTEMarch 22, 2010
10SA43, In Re: Interrogatories Propounded by Governor BillRitter, Jr., Concerning the Effect of Citizens United v. FederalElection Commission, 558 U.S. ___ (2010) on Certain Provisionsof 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 ColoradoConstitution, the Governor submitted two interrogatories to theColorado Supreme Court on February 9, 2010, concerning whethervarious provisions of article XXVIII of the ColoradoConstitution were unconstitutional in light of the United StatesSupreme Court’s decision in Citizens United v. Federal ElectionCommission ___ U.S. ___, 130 S. Ct. 876 (2010),The supreme court answered both interrogatories in theaffirmative. It held that to the extent section 3(4) of articleXXVIII of the Colorado Constitution makes it unlawful for acorporation or labor organization to make expenditures expresslyadvocating the election or defeat of a candidate, it violatesthe dictates of the First Amendment of the United StatesConstitution. Similarly, it held that, to the extent section6(2) of article XXVIII of the Colorado Constitution makes it
unlawful for a corporation or a labor organization to providefunding for an electioneering communication, it violates thedictates of the First Amendment of the United StatesConstitution.
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SUPREME COURT, STATE OF COLORADOTwo East 14th AvenueDenver, Colorado 80203Original Proceeding Pursuant to Article VI,Section 3 of the Constitution of the State ofColoradoCase No. 10SA43
IN RE:INTERROGATORIES PROPOUNDED BY GOVERNOR BILL RITTER, JR.,CONCERNING THE EFFECT OF CITIZENS UNITED v. FEDERAL ELECTIONCOMMISSION, 558 U.S. ___ (2010) ON CERTAIN PROVISIONS OF ARTICLEXXIII
OF THE CONSTITUTION OF THE STATE OF COLORADO
INTERROGATORIES ANSWERED IN THE AFFIRMATIVEEN BANCMarch 22, 2010John W. Suthers, Attorney GeneralDaniel D. Domenico, Solicitor GeneralMaurice G. Knaizer, Deputy Attorney GeneralMonica M. Márquez, Deputy Attorney GeneralMatthew D. Grove, Assistant Attorney GeneralDenver, ColoradoAttorneys for Governor Bill Ritter, Jr., and Secretary ofState Bernie BuescherOffice of Legislative Legal ServicesCharles W. PikeSharon L. EubanksRobert S. LacknerDenver, ColoradoAttorneys for the General Assembly
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