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Campaign rule void for now

Judge invalidates sec. of state's action; AG likely to appeal

April M. Washington and Hector Gutierrez, Rocky Mountain News

Published September 16, 2006 at midnight

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A Denver district judge tentatively invalidated late Friday a campaign rule by Secretary of State Gigi Dennis that forces membership groups such as unions to receive written permission from each member to give money to political committees.

But District Judge John N. McMullen stayed that ruling until midnight Tuesday to give the attorney general an opportunity to appeal to the state Court of Appeals. Deputy Attorney General Justin Dunn said his office planned to do so.

If the ruling is upheld, unions - including the plaintiffs in this case, the Colorado Education Association and the American Federation of Teachers - could start moving money to political campaigns in time for the November elections.

"I feel Judge McMullen affirmed my right to participate in my association and in politics through my association," plaintiff Kerrie Dallman, a Pomona High teacher, said.

The judge, however, upheld the secretary of state's other campaign rule that requires donor groups to certify that none of the money received came from people who are restricted from making contributions, including non-citizens and organizations.

Dennis, a Republican, enacted the rules in August, two months before the November election. Democrats filed suit, saying the new rules would hurt their party and restrict the right of union members to participate in politics.

McMullen ruled that Dennis imposed the rule too late in the game. He said membership groups, like the two teachers' unions, would have faced financial burdens sending out mailings to obtain permission from members.

The judge also found that it was questionable whether the groups would have received written approval from members in time for the elections.

But, Dunn said, "I think the court failed to adequately consider the state's compelling interests ensuring that people are aware that their money is used by organizations for political purposes."

Dennis did win a victory when the judge determined that she did nothing wrong when she met with Republican lawyers in February to discuss the issue.

"It's not uncommon for interested parties to ask for meetings with the secretary of state to discuss problems on rule-making power and the rules she should adopt," McMullen said.

Dennis, who was in Palm Springs Friday celebrating her wedding anniversary, testified by phone for nearly two hours.

She said she made the changes to prevent corruption and create greater transparency surrounding campaign contributions.