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COLORADO ETHICS WATCH v. SENATE MAJOR. FUND

Nos. 08CA2689, 09CA0384.

275 P.3d 674 (2010)

COLORADO ETHICS WATCH, Petitioner-Appellant and Cross-Appellee, v. SENATE MAJORITY FUND, LLC, Respondent-Appellee and Cross-Appellant, and Colorado Leadership Fund, LLC, Respondent-Appellee, and Office of Administrative Courts, Appellee.

Colorado Court of Appeals, Div. II.

March 18, 2010.

Attorney(s) appearing for the Case

Luis Toro , Chantell Taylor , Denver, Colorado, for Petitioner-Appellant and Cross-Appellee.

Hackstaff Gessler LLC, Scott E. Gessler , Mario D. Nicolais, II , Denver, Colorado, for Respondent-Appellee and Cross-Appellant Senate Majority Fund, LLC.

Brownstein Hyatt Farber Schreck, LLC, Jason R. Dunn , Denver, Colorado, for Respondent-Appellee Colorado Leadership Fund, LLC.

No Appearance for Appellee.

Opinion by Judge GABRIEL.

This case requires us to determine the meaning of "expressly advocating the election or defeat of a candidate," as that phrase is used within the definition of "expenditure" contained in article XXVIII, section 2(8) of the Colorado Constitution. Petitioner, Colorado Ethics Watch (Ethics Watch), contends that "expressly advocating" encompasses more than just advertisements using the so-called "magic words" of electoral advocacy delineated...

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