November 17, 2011 11:12 PM UTC

Judge Smacks Down Gessler Campaign Finance Rule

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• by: Colorado Pols

The joint release from Colorado Common Cause and Colorado Ethics Watch:

A Denver district court judge today agreed with Common Cause and Ethics Watch that Secretary of State Scott Gessler overstepped his authority in changing campaign finance limits for political issue committees.

Judge Bruce A. Jones ruled that Gessler does not have the authority to raise the disclosure threshold for political issue committees from $200 to $5,000. The Secretary of State’s rule would have made it much easier for political groups to avoid disclosing financial interests behind a ballot initiative. Last year, Douglas Bruce tried to hide his involvement in three extreme initiatives that would have limited local governments from handling their own financial future.

Voters approved the $200 limit when they passed a constitutional amendment in 2002.

In his ruling, Judge Jones said that the rule “focuses on changing the contribution and expenditure amounts contained in the constitution. In doing so, the Secretary went beyond his authority.”

Colorado Common Cause Executive Director Elena Nunez said, “Voters have said time and again that they want transparency in political campaigns.  We’re pleased that the Court protected Colorado’s strong disclosure laws by rejecting the Secretary of State’s rules.”

Ethics Watch Director Luis Toro said “We expected all along that the Court would agree that the Secretary of State has no authority to change disclosure thresholds that were set by Colorado voters in a constitutional amendment. In the event the Secretary chooses to appeal, we are confident this ruling will be upheld.”

Full text of the decision here–an expected development after Judge Bruce Jones blasted Scott Gessler’s defense of his “solution” to conflicting state law on the matter of campaign finance disclosure–and also Attorney General John Suthers, saying Suthers was on the “wrong side”–“the side you should be on is defending the constitution.” Pretty harsh stuff.

We’re just keeping track–has Gessler won once in court on election law since taking office? You’d think after a certain number of judicial defeats, especially where the judge straight-up humiliates you, you should take stock of your agenda. Or, failing that, others ought to.