Tenth Circuit Agrees with U.S. District Court that Colorado Disclosure Requirements are too Burdensome for Small Political Committees

On March 2, the Tenth Circuit issued an opinion in Coalition for Secular Government v Williams, 14-1469. The issue is whether small political committees must comply with the state’s onerous campaign contribution and expenditure rules. The Tenth Circuit agreed with the U.S. District Court’s 2014 decision, and held that the particular committee that brought the lawsuit should not need to comply with the disclosure rules.

The Tenth Circuit said, “The minimal informational interest here cannot support Colorado’s filing schedule that requires twelve disclosures in seven months regardless of whether an issue committee has received or spent any money. Further, the burden of asking for personal information of $20-contributors is substantial. Gaining the necessary information from these contributors might well result in fewer contributors willing to support an issue committee’s advocacy.” The Committee that brought this lawsuit had raised $3,500 to fight a statewide ballot measure defining “personhood” to begin at conception. The lawsuit had been brought in 2012. It was delayed because the U.S. District Court had sent the case to the Colorado Supreme Court, but that court declined to help settle the issue.


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