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COLORADO ETHICS WATCH v. GESSLER

Court of Appeals No. 12CA1712.

363 P.3d 727 (2013)

2013 COA 172M

COLORADO ETHICS WATCH and Colorado Common Cause, Plaintiffs-Appellees and Cross-Appellants, and David Paladino; Michael Cerbo; Pro-Choice Colorado PAC; PPRM Ballot Issue Committee; and Citizens for Integrity, Inc., Plaintiffs-Appellees, v. Scott GESSLER, in his official capacity as Colorado Secretary of State, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. VI.

As Modified on Denial of Rehearing February 27, 2014.

Attorney(s) appearing for the Case

Luis Toro , Margaret Perl , Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant Colorado Ethics Watch.

Hill & Robbins, P.C., Jennifer H. Hunt , Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant Colorado Common Cause.

Heizer Paul Grueskin, LLP, Mark G. Grueskin , Denver, Colorado, for Plaintiffs-Appellees.

John W. Suthers , Attorney General, Leeann Morrill , First Assistant Attorney General, Frederick R. Yarger , Assistant Solicitor General, Matthew D. Grove , Assistant Attorney General, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by JUDGE FURMAN

¶ 1 Defendant, Scott Gessler, in his official capacity as Colorado Secretary of State (Secretary), appeals the district court's judgment invalidating several of his campaign finance rules because they conflict with the Campaign and Political Finance Amendment (Amendment), Article XXVIII of the Colorado Constitution; and the Fair Campaign Practices Act (FCPA), sections 1-45-101 to -118, C.R.S.2013. The Secretary urges us to...

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