Colorado law says individuals may donate $400 to candidates for the legislature who are members of parties that nominate by primary. But individuals may only give $200 to legislative candidates who do not participate in a primary. On September 16, a U.S. District Court Judge refused to enjoin the $200 limit, in a lawsuit filed by independent state legislator Kathleen Curry. She is running for re-election and her campaign would be aided if individuals could contribute $400 to her instead of just $200. The case is Riddle v Ritter, 10-cv-1857.
The judge ruled from the bench, and his opinion is not in writing yet. He is likely to ask the state courts to construe Colorado law, to clarify whether someone may give $400 to a Republican or a Democratic candidate even after the primary is over. If the answer is “Yes”, chances are the law would then be unconstitutional. Ironically, even though Curry didn’t get injunctive relief, she has received more campaign contributions than either her Republican or her Democratic opponent, so far. Curry is a write-in candidate for re-election. She was not permitted to be on the ballot because she changed her registration from “Democratic” to “independent” in December 2009.