Legal Filings

Legal Filings

Ethics Watch Files Opening Brief In Primary Reporting Suit

Today, Colorado Ethics Watch filed its opening brief in a lawsuit against Secretary of State Scott Gessler in Denver District Court. Ethics Watch is asking the Court to void the Secretary’s adoption of an administrative rule that claims to excuse candidates from the statutory requirement that they file biweekly campaign finance reports before the primary election.

During the last legislative session, the date of the primary election was moved from August to June. However, the legislature did not make any change to the campaign finance disclosure statute, which provides that biweekly reports shall begin the July before the primary. After the session ended, Secretary Gessler issued a rule that excuses committees from having to file biweekly reports before a primary election.

“The Secretary of State has the authority to administer and enforce campaign finance laws, not repeal the ones he disagrees with,” said Luis Toro, Director of Colorado Ethics Watch. “We expect that the legislature will change the reporting schedule to reflect the new primary date when they convene in January. Unless and until that happens, we expect the Court to agree with us that biweekly reporting before a primary election is still the law in Colorado.”