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Colorado Amendment 27, Campaign Finance Regulations (2002)

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The Colorado Amendment 27, pertaining to campaign finance regulations, was a initiated constitutional amendment on the November 5, 2002 ballot in Colorado, where it was approved.

Amendment 27 added Article XXVIII to the Colorado Constitution.

Election results

Colorado Amendment 27 (2003)
ResultVotesPercentage
Approveda Yes 890,390 66.50%
No448,59933.50%

Election results via: Colorado Secretary of State (P.144-155)

Aftermath

Following a January 21, 2010 5-4 U.S. Supreme Court ruling in the case of Citizens United v. FEC, Colorado Republicans announced that they planned to challenge the state's state's campaign finance law.[1][2] According to the SCOTUS ruling, the limits on corporate and labor union contributions were unconstitutional.[3][4]

On November 9, 2010, the 10th Circuit Court of Appeals ruled in "Sampson v. Buescher that Amendment 27 imposes an unconstitutional burden on the rights of free speech and association as it applies to small Issue Committees (groups formed with "a major purpose of supporting or opposing any ballot issue or ballot question", as contrasted to groups supporting or opposing candidates in contested elections). However, the court did not overturn the amendment.[5]

Support

Major supporters of the amendment included:

Arguments

Supporters argued:[6]

  • The amendment will curb election costs and negative campaign ads by setting spending limits between $65,000 for state house candidates and $2.5 million for the governor candidates. This allows public offices to be more accessible to average citizens.
  • The amendment limits large contribution from wealthy special interests by setting contribution limits of $200 per election for legislative candidates and $500 per election for statewide candidates.
  • The amendment will end corporations buying access and influence by prohibiting direct contributions from corporations and labor unions.
  • The amendment will create more open elections by requiring full disclosure of funding sources for groups running political ads.
  • The amendment will encourage better citizen participation and more equal voice by limiting contributions to small donor committees to $50 per person.

Opposition

Major opponents of the amendment included:

Arguments

Opponents argued:[7]

  • Campaign finance regulation in other states shows that it gives incumbents an advantage in elections.
  • The amendment will "lessen competition, entrench incumbents, and needlessly limit political rights".

Path to the ballot

In November of 1996, voters in Colorado passed Colorado Campaign Finance Act. The act created contribution limits to candidates, voluntary spending limits, bans on direct contributions from corporations and labor unions, and stronger disclosure requirements. The act was challenged in federal courts, but largely upheld. Despite the ruling, the Colorado legislature essentially dismantled the law in 2000. This led supporter of campaign finance regulation to push for a constitutional amendment, which would become the 2002 ballot question.[6]

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