Gessler promises to appeal issue-committee-threshold lawsuit, if he loses

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by: Jason Salzman

(“He is up for retention in a year” – promoted by Colorado Pols)

If Secretary of State Scott Gessler loses a lawsuit claiming he overstepped his legal authority by increasing the amount of money a group of people can raise before being subject to state campaign finace regulations, he will appeal the case, Gessler said Monday during a lecture at Colorado Christian University’s Centennial Institute.

No decision has been handed down yet by a state court in the case, but Gessler told the audience last night that he “does not expect [the judge’s] opinion to be positive,” and if he loses the case, he will appeal.

GESSLER: The question is, since I have got two different court opinions on the issue committee threshold issue, how am I going to resolve that? Here is what is going to happen. We don’t have an opinion from the Denver District Court. The court just decided he wanted to say nasty things about me in the newspaper. Frankly, I have never in ten years of litigation on very controversial issues, never seen a judge behave that way in the entire state of Colorado. I was very surprised by his comments and I did not support those….

UNIDENTIFIED AUDIENCE MEMBER: What is his name and when is he up for retention?

GESSLER: He is up for retention in a year. Anyway, so I don’t have an opinion from him yet. I don’t expect that opinion to be positive based on his comments. So this I think is what is going to happen. First of all, we are going to appeal it. And I do believe that we will be able to point out, assuming the court comes out against us, the error of the courts ways. The second thing is, and I am pretty confident about this, is if we lose, the State of Colorado is going to be sued yet again on this issue. And again. Frankly, I fully expect that we will lose on this issue. And the claims board will have the opportunity to pay attorney fees yet again on this issue. It is an unfortunate state of affairs. I am hopeful I can prevail on this, to provide guidance on this upcoming election. But if I don’t, I have no doubt that the federal circuit court will step in and provide guidance here for the state of Colorado.

15 thoughts on “Gessler promises to appeal issue-committee-threshold lawsuit, if he loses”

Middle of the Road says:

November 16, 2011 at 5:35 pm

And yet, onward he plods and at the taxpayer’s expense, it appears. What a waste of time and dime.

I can’t wait until he actually gets around to doing the job he was hired to do.

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1. ClubTwitty says:
  
  November 16, 2011 at 5:44 pm
  
  It’s just not the taxpayers that hired him.
  
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Gray in Mountains says:

November 16, 2011 at 5:45 pm

Gessler is fighting God’s battles, trying to ensure that illegal immigrants and thieving Democrats don’t steal our elections.

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1. ArapaGOP says:
  
  November 17, 2011 at 12:22 am
  
  This is about campaign finance reports. You have your canned talking points in a knot, dear boy!
  
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Carolannie says:

November 16, 2011 at 7:29 pm

he is just going to keep appealing until he wins, I take it. i am sure that we the 99% of the taxpayers will be delighted to fund his jihad

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Early Worm says:

November 16, 2011 at 7:57 pm

“[The judge] wanted to say nasty things about me in the newspaper.” The judge didn’t say anything in the paper. He said them in open court, in questioning an argument made by Gessler’s attorney. That is how the system works. It is unseemly for the Secretary of State, speaking at a partisan function, to be accusing a judge of grandstanding. It is particularly inappropriate when the accusation is unfounded.

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1. MADCO says:
  
  November 16, 2011 at 7:59 pm
  
  But is it contemptible?
  
  And who does take over if the SOS is in jail?
  
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  1. DaftPunk says:
    
    November 16, 2011 at 9:33 pm
    
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    1. DaftPunk says:
      
      November 16, 2011 at 9:38 pm
      
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2. Gray in Mountains says:
  
  November 16, 2011 at 8:29 pm
  
  AGOP could blame that on “joker veterans”
  
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ohwilleke says:

November 17, 2011 at 12:42 am

on the record with the press after a case has been tried and is in the judge’s hands awaiting a ruling if I were him.

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1. gaf says:
  
  November 17, 2011 at 9:06 am
  
  But, yes, it is pending (I think the trial is scheduled for April) and it is not wise to be commenting. But then, Gessler seems more “smart” than “wise.”
  
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  1. gaf says:
    
    November 18, 2011 at 2:17 am
    
    I had the inactive voter case on my mind instead of this one.
    
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Ralphie says:

November 17, 2011 at 1:09 am

needs to be resolved by the Legislature, not Gessler.

The Legislature makes the laws, Gessler is supposed to implement them.

There will be legislation passed before this ever gets to an appeals court.

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1. ScottP says:
  
  November 18, 2011 at 9:54 am
  
  Kidding! 🙂
  
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