Independence Institute v. Colorado Secretary of State
Federal district judge Philip Brimmer issued a 39-page preliminary injunction on June 11, 2010, forbidding the state of Colorado from enforcing several key provisions of Colorado House Bill 1326 (2009). Judge Brimmer's order, in particular, found that the provisions of HB 1326 that ban compensating petition circulators on a pay-per-signature basis
Killmer, Lane & Newman, LLP, a law firm in Denver, is handling the litigation on behalf of the plaintiffs.
A key finding in the June 11 preliminary injunction is:
- "Based on Dr. Smith’s testimony and in consideration of the other evidence offered at the hearing, the Court finds that pay-per-signature compensation is no more likely than pay-per-hour compensation to induce fraudulent signature gathering or to increase invalidity rates."
On Monday, April 1, 2013, Judge Brimmer overturned the portion of the law banning paying petitioners on a by-signature basis. Judge Brimmer ruled that those sections of the law violated First Amendment rights. At the time of writing, the Colorado Attorney General had not decided whether or not to file an appeal of the decision.
Plaintiffs in the case are:
- The Independence Institute
- Jon Caldara of the Independence Institute.
- Dennis Polhill
- Jessica Corry (who worked on behalf of Colorado Civil Rights Initiative, Amendment 46 (2008))
- Mason Tvert
- Russell Haas
- Douglas Campbell
- Louis Schroeder
- Scott Lamm (of LAMM Political Partners, LLC)
- Albie Hurst (of LAMM Political Partners, LLC)
- Daniel Kennedy
- Judge Brimmer's June 11 preliminary injunction in Independence Institute v. Colorado Secretary of State