Legal Opinion

Colo. Common Cause v. Gessler

Colorado Court of Appeals

Decided August 30, 2012No. 11CA2405Published

1Opinion of the Court

Opinion by Judge LICHTENSTEIN.

¶ 1 This appeal arises out of a challenge to the Colorado Secretary of State's rulemaking authority brought by plaintiffs, Colorado Common Cause and Colorado Ethics Watch, pursuant to section 24-4-106, C.R.S.2011. The Secretary of State, Scott Gessler (the Secretary), appeals the trial court's order finding that he exceeded his rulemaking authority by promulgating Rule 4.27.1 We affirm.

¶ 2 The Secretary contends that Rule 4.27 was intended to clarify the applicability of registration and disclosure requirements to issue committees following Sampson v. Buescher,…

2Cases cited15 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Doe v. ReedSupreme Court of the United States · 2010
  3. Hyatt v. HecklerCourt of Appeals for the Fourth Circuit · 1986
  4. Sanger v. DennisColorado Court of Appeals · 2006
  5. McClellan v. MeyerSupreme Court of Colorado · 1995

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