Brennan Center for Justice

Colorado Right to Life Committee v. Davidson

Campaign Finance Reform

This case, filed in July 2003, involved a challenge to Colorado’s regulation of electioneering communications, which are broadcast, cable or satellite communications that clearly refer to a candidate, and are distributed close to an election. The plaintiffs—the Colorado Right to Life Committee, Inc. and Colorado Citizens for Responsible Government, Inc.—claim the following:

• the electioneering communication disclosure requirements and the ban on corporate expenditures for such communications are unconsitutional “because they regulate issue advocacy.”
• the state provision that prohibits corporations and labor organizations from making contributions to political parties or candidate campaigns and from making independent expenditures on express advocacy, unless the contributions or expenditures are made through a political committee, is unconstitutional as applied
• the definition of political committee includes within its scope those groups that engage solely in issue advocacy

The Court denied the Brennan Centers petition to participate as amicus on behalf of Colorado Common Cause and the Colorado League of Women Voters. The decision is currently pending.  In June 2005, both parties filed a motion for summary judgment, and we await a ruling from the court.