Colorado's Contribution Limits Too Low, Court Says

As of 8/16/99

In a long-awaited decision, a U.S. District judge on August 12, 1999, ruled that portions of Colorado's campaign finance law are unconstitutional. The limits were set by a voter initiative, Amendment 15, passed in 1996. Among the provisions of the law voided by this ruling are the limits on individual contributions to candidates of $200 to legislative candidates and $1,000 to candidates for statewide office. The judge upheld the voluntary spending limits outlined in the law.

Supporters of Colorado's strict limits were encouraged by the fact that the judge recognized in his ruling the right of the state to regulate campaign contributions in order to prevent corruption and the appearance of corruption. He went on to say that very large campaign contributions are "a tangible threat to Colorado citizens' confidence in the democratic process." Campaign finance reform supporters will lobby the Legislature next year to enact new, more reasonable limits. Should that effort fail, they have vowed to try another ballot initiative.

It was unclear at first whether any contribution limits remained in effect in Colorado in the wake of the ruling. Previously, the Legislature had passed much higher contribution limits which were overruled with the passage of Amendment 15. However, the Secretary of State announced on August 13 that those limits could not legally be restored, leaving Colorado with no limits at all on individual contributions to candidates and PACs.

Colorado is one of a number of states that passed low contribution limits in the mid 1990s. Similar measures, all passed by citizen initiatives, have been voided by the courts in Arkansas, California, Missouri and Oregon in recent years. Montana is the only remaining state with similarly low contribution limits in effect.

Contact for More Information

Jennie Drage Bowser elections-info@ncsl.org.