Editorial Board
Beginning in 2010, and again this month, the U.S. 10th Circuit Court of Appeals ruled that Colorado law governing groups that raise and spend relatively small amounts of money on ballot measures violates those groups’ First Amendment rights.
We agree with the court that this is the case, and that it needs to be addressed. Coloradans’ right to political speech shouldn’t depend on their capacity to hire an accountant or attorney.
However, the court has refused to take the obvious next step and declare that the problem starts with the ludicrously low threshold of $200 that is set in the state constitution, thanks to an amendment approved by voters years ago. As soon as a group takes in or spends that amount of money, it becomes an official “issue committee,” subject to a host of registration and reporting rules that are time-consuming and complex.
