United States Tenth Circuit

In a right to life organization's challenge to a citizen-passed campaign finance reform amendment designed to limit the influence of certain types of corporations' general funds on state elections, partial summary judgment for plaintiff is affirmed where: 1) challenged sections of Article XXVIII regulating corporate expenditures and electioneering communications were unconstitutional as applied to plaintiff because plaintiff meets Supreme Court-approved exemption requirements for a voluntary ideological corporation that seeks to engage in political speech; 2) Article XXVIII's definition of a political committee is unconstitutional as applied to plaintiff because it fails to incorporate Buckley v. Valeo's "major purpose" test; and 3) the court declines to reconsider plaintiff's facial challenges.

Appellate Information

• Decided 08/21/2007
• Published 08/22/2007

Judges

• HENRY, Circuit Judge., Before HENRY, ANDERSON, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Martha M. Tierney, Kelly/Haglund/Garnsey+Kahn LLC, Denver, CO, filed a brief on behalf of Amici Curiae.


• For Appellees:
  
• Maurice G. Knaizer (with Monica Márquez and John W. Suthers, Attorney General for the State of Colorado, on the briefs), Denver, CO, for Defendant-Appellant/Cross-Appellee., James Bopp, Jr. (with Richard E. Coleson on the briefs), Bopp, Coleson & Bostrom, Terre Haute, IN, for Plaintiff-Appellee/Cross-Appellant.