Face The State Staff Report
In response to a July court ruling suspending enforcement of Amendment 54's political contribution ban, Secretary of State Bernie Buescher, a Democrat, terminated the rulemaking process aimed at establishing enforcement mechanisms under the measure. The court's injunction comes ahead of a full hearing on the amendment's constitutionality.
BuescherFTS File Photo
“The judge’s ruling eliminated the campaign finance provisions and ultimately the jurisdiction of my office,” Buescher said in a press release. “If a final ruling restores jurisdiction, we will make rules as appropriate in order to implement Amendment 54.”
Amendment 54 seeks to ban a practice know as "pay-to-play," where political contributions from firms frequently seeking government work could be perceived as buying favor with politicians who approve the contracts. The contributions ban only applied to contracts worth over $100,000, and immediate family members of those holding no-bid contracts are also included. The amendment also requires required a list of sole source contracts be maintained by the Department of Personnel and Administration; that provision remains in effect.
Non-profit groups and trade associations joined with labor unions to challenge Amendment 54, alleging it is an unconstitutional limit on free speech. In a 32 page ruling, Denver District Judge Catherine Lemon found there to be sufficient evidence to show the measure may be unconstitutional and thus opponents had met the burden of proof for granting a preliminary injunction.
“[Buescher is] just hoping it will be found unconstitutional because they don’t want to do the work,” said Tom Lucero, a Republican candidate in the 4th dongressional district who previously served as Amendment 54's campaign manager. “If a final ruling comes back and says this is constitutional then Colorado will be that much further behind because the Secretary of State is refusing to do his job.”
Buescher had drafted proposed rules and held a public hearing to receive feedback. If the measure passes constitutional muster in court, Buescher may have to begin the process anew.