Scott Gessler v. Colorado Common Cause and Colorado Ethics…

Summary

Justice Eid would largely affirm the court of appeals on the narrower ground that Rule 4.1 was invalid only to the extent it exceeded the constitutional limits identified in the prior federal decision, rather than because any deviation from the $200 threshold was unlawful. She would uphold the Secretary's authority to adopt a bright-line rule for sufficiently small issue committees, but would invalidate Rule 4.1.1 because the prior decision did not excuse retrospective reporting. She also would conclude that the plaintiffs lacked standing, although she addressed the merits to respond to the majority. Justice Hood, concurring in part and dissenting in part, would uphold Rule 4.1 but agree that Rule 4.1.1 was unlawful.