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DAVIDSON v. COMMITTEE FOR GAIL SCHOETTLER

No. 00SA154.

24 P.3d 621 (2001)

Donetta DAVIDSON, Secretary of State of Colorado, Defendant-Appellant, v. The COMMITTEE FOR GAIL SCHOETTLER, INC.; Coloradans for Western Values; and Judith Wagner, Plaintiffs-Appellees.

Supreme Court of Colorado, En Banc.

June 4, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Maurice G. Knaizer, Deputy Attorney General, State Services Section, Denver, CO, Attorneys for Defendant-Appellant.

Isaacson, Rosenbaum, Woods & Levy, P.C., Mark G. Grueskin, Edward T. Ramey, Blain D. Myhre, Denver, CO, Attorneys for Plaintiff-Appellee The Committee for Gail Schoettler.

Moye, Giles, O'Keefe, Vermeire & Gorrell LLP, John E. Moye, Guadalupe J. Sisneros, Denver, CO, Attorneys for Plaintiffs-Appellees Coloradans for Western Values and Judith Wagner.

Godfrey & Lapuyade, P.C., Bruce B. McLarty, Denver, CO, Attorneys for Amici Curiae Colorado Common Cause and the League of Women Voters.

Justice KOURLIS delivered the Opinion of the Court.

This case is before the court under section 13-4-102(1)(b), 5 C.R.S. (2000), upon direct appeal of a district court ruling holding portions of the prior version of the Fair Campaign Practices Act (FCPA), specifically sections 1-45-104(2) and (7), 1 C.R.S. (1999) (repealed 2000), unconstitutional.

Because during the pendency of this case, the General Assembly repealed and reenacted the FCPA with significant...

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