DALLMAN v. RITTER

No. 09SA224.

225 P.3d 610 (2010)

Kerrie DALLMAN; Laurence Botnick; School District 14 Classroom Teachers Association Political Action Committee, a Colorado political committee; School District 14 Classroom Teachers Association, a Colorado labor organization; and Aurora Fire Fighters Protective Association, a Colorado labor organization; Douglas County Federation, a Colorado labor organization, Plaintiffs-Appellees v. William RITTER, in his official capacity as the Governor of Colorado; and Rich L. Gonzales, in his official capacity as the Executive Director of Colorado's Department of Personnel and Administration, Defendants-Appellants. Daniel Ritchie, an individual; Patrick Hamill, an individual; Charles V. Brown, Jr., an individual; Matthew R. Dalton, an individual; The Children's Hospital Association, a 501(c)(3) nonprofit organization; and The Colorado Seminary, a 501(c)(3) nonprofit which owns and operates the University of Denver, Plaintiffs-Appellees v. Bill Ritter, as Governor of the State of Colorado; and Rich Gonzales, as Executive Director of the Colorado Department of Administration, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

February 22, 2010.


Attorney(s) appearing for the Case

Isaacson Rosenbaum, P.C., Mark G. Grueskin, Edward T. Ramey, Denver, Colorado, Attorneys for Plaintiffs-Appellees Kerrie Dallman and Laurence Botnick.

Colorado Education Association, Martha R. Houser, Bradley C. Bartels, Denver, Colorado, Attorneys for Plaintiffs-Appellees School District 14 Classroom Teachers Association Political Action Committee, a Colorado political committee; and School District 14 Classroom Teachers Association, a Colorado labor organization.

Buescher Goldhammer Kelman & Dodge, P.C., Thomas B. Buescher, Joseph M. Goldhammer, Denver, Colorado, Attorneys for Plaintiff-Appellees Aurora Fire Fighters Protective Association, a Colorado labor organization; and Douglas County Federation, a Colorado labor organization.

The Dubofsky Law Firm, P.C., Jean E. Dubofsky, Boulder, Colorado, Greenberg Traurig, LLP, Michael R. Davis, Douglas J. Friednash, Denver, Colorado, Attorneys for Plaintiffs-Appellees Daniel Ritchie, Patrick Hamill, Charles V. Brown, Jr., and Matthew R. Dalton, as individuals; The Children's Hospital Association, a 501(c)(3) nonprofit organization; and The Colorado Seminary, a 501(c)(3) nonprofit which owns and operates the University of Denver.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Maurice G. Knaizer, Deputy Attorney General, Denver, Colorado, Attorneys for Defendant-Appellee.

Cross & Liechty, P.C., Robert M. Liechty, Greenwood Village, Colorado, Attorneys for Amicus Curiae Clean Government Colorado.


Justice RICE delivers the Opinion of the Court.

Plaintiffs-appellees challenge the constitutionality of Amendment 54, now codified as parts of article XXVIII of the Colorado Constitution. Voters narrowly passed Amendment 54 in November 2008, and it became operational on December 31st of that year. Colo. Const. art XXVIII, § 13. Designed to eliminate "a presumption of impropriety between contributions to any campaign and sole source government contracts," the...

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