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GESSLER v. SMITH

Supreme Court Case No. 15SC462.

419 P.3d 964 (2018)

2018 CO 48

Scott GESSLER, individually and in his official capacity as Colorado Secretary of State, Petitioner, v. Matt SMITH, April Jones, William Leone, Gary Reiff, and Jo Ann Sorensen, in their official capacities as members of the Independent Ethics Commission, and the Independent Ethics Commission, Respondents.

Supreme Court of Colorado.

June 4, 2018.

Attorney(s) appearing for the Case

Attorneys for Petitioner: MRD Law, Michael Francisco , Special Assistant Attorney General, Denver, Colorado.

Attorneys for Respondents: Cynthia H. Coffman , Attorney General, Russell B. Klein , Deputy Attorney General, Natalie L. Powell , Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Counties, Inc.: Hall & Evans, L.L.C., Thomas J. Lyons , Kelley G. Shirk , Denver, Colorado.

Attorney for Amicus Colorado Municipal League: Geoffrey T. Wilson , Denver, Colorado.

Attorney for Amicus Curiae Colorado Ethics Watch: Luis Toro , Denver, Colorado.

En Banc.

¶ 1 Under section 24-9-105(1), C.R.S. (2017), each of Colorado's five statewide elected officials, including the Secretary of State, has access to a modest annual discretionary fund to spend "in pursuance of official business." In August 2012, then-Secretary of State Scott Gessler ("the...

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