Colorado for Family Values v. Meyer

936 P.2d 631, 21 Colo. J. 401, 1997 Colo. App. LEXIS 73, 1997 WL 129096
CourtColorado Court of Appeals
DecidedMarch 20, 1997
Docket95CA2196
StatusPublished
Cited by3 cases

This text of 936 P.2d 631 (Colorado for Family Values v. Meyer) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colorado for Family Values v. Meyer, 936 P.2d 631, 21 Colo. J. 401, 1997 Colo. App. LEXIS 73, 1997 WL 129096 (Colo. Ct. App. 1997).

Opinion

Opinion by

Judge DAVIDSON.

Plaintiff, Colorado for Family Values, a Colorado non-profit corporation, appeals from the trial court’s determination that then Secretary of State Natalie Meyer (Secretary) correctly concluded that plaintiff had violated the Campaign Reform Act of 1974(Act), § 1-45-101, et seq., C.R.S. (1980 Repl.Vol. IB). Under the Act, a group is subject to the Act’s registration and reporting requirement if it seeks to influence the passage or defeat of an issue. The dispositive question presented is whether an initiative that has gone through the title setting process, but has not been formally certified for the election ballot, is an “issue” under § 1^15-103(8), C.R.S. (1980 RepLVol. IB). We agree with the Secretary’s conclusion that such an initiative is an “issue,” and therefore, we affirm.

In November 1992, Colorado voters approved an amendment to the state constitution (Amendment 2) which provided that neither the state nor any of its agencies, po- *632 Meal subdivisions or other governmental entities could enact or enforce any statute, regulation, ordinance, or policy which would grant minority status, quota preference, or protected status to homosexual, lesbian, or bisexual orientation, conduct, practices, or relationships. Plaintiff had registered as a political committee in order to work for the passage of Amendment 2.

Following the passage of Amendment 2, a group of citizens began an effort to repeal it. Their proposed initiative went through the title setting process in May 1993, and was known as “Protection from Discrimination II” (PDII).

In the summer of 1993, plaintiffs newsletter, although not mentioning PDII by name, warned that organizations were seeking to repeal Amendment 2. The newsletter stated that its goal was to raise $1 million for its “Amendment 2 Legal Defense Fund.” Plaintiff accepted contributions to this fund, but did not file a statement of registration as a political committee or report the contributions it received.

Ultimately, PDII was not placed on the election ballot because its proponents did not present, within six months of title setting, the required number of signatures to the Secretary.

In the meantime, however, a citizen had filed a complaint with the Secretary that plaintiff was in violation of the Act’s registration and reporting requirements. Pursuant to § l-45-113(l)(e), C.R.S. (1996 Cum. Supp.), the Secretary assigned the matter to an Administrative Law Judge (ALJ) for a hearing.

In his initial decision, the ALJ determined that, even though PDII ultimately had not been placed on the election ballot, the repeal attempt constituted an “issue” under the Act, and plaintiff, therefore, was required to file a statement of organization and report the contributions it had received.

In February 1994, after review, the Secretary adopted the ALJ’s decision, concluding that:

[B]ased upon the wording of the Act, the purpose of the Act, and the rules of statutory construction, [plaintiff] was required to file a statement of organization as a political committee as a result of its acceptance of contributions for the defeat of any Amendment 2 repeal effort, even though that repeal effort did not result in a ballot issue being presented to the electorate.

Plaintiff then sought review of the Secretary’s decision in the district court pursuant to § 24-4-106, C.R.S. (1988 Repl.Vol. 10A), and the district court affirmed the Secretary’s order.

On appeal, plaintiff contends that this was error because the term “issue” refers only to measures that are “to be submitted” to the electorate — that is, those measures that are actually placed on the ballot for a vote by the people. We disagree, and hold that the term “issue” as used in the Act includes an initiative that, although not ultimately placed on the ballot, has gone through the title setting process.

Section 1^6-103(10), C.R.S. (1996 Cum. Supp.) defines the scope of political activity subject to the Act:

‘Political committee’ means any two or more persons who are elected, appointed, or chosen or who have associated themselves or cooperated for the purpose of accepting contributions or contributions in kind or making expenditures to support or oppose a candidate for public office at any election or seek to influence the passage or defeat of any issue.

As pertinent here, “issue” is itself defined in § 1-45-103(8), C.R.S. (1980 Repl.Vol. IB), in pertinent part, as:

any proposition or initiated or referred measure which is to be submitted to the electors for their approval or rejection.

If a group or organization is a political committee under § 1 — 45-103(10), it must file a statement of organization, and must report both the sources of its contributions and its expenditures. See §§ 1 — 45-106 & 1 — 45-108, C.R.S. (1980 Repl.Vol. IB).

A court’s primary task in statutory construction is to ascertain and give effect to the legislative purpose underlying a statutory enactment. Colorado Common Cause v. Meyer, 758 P.2d 153 (Colo.1988). Here, al *633 though the appropriate construction of a statute is a question of law, and appellate courts engage in de novo review, the Secretary of State’s construction of the Act is entitled to great deference because her office is charged with enforcement of the law. Denver Area Labor Federation v. Meyer, 907 P.2d 638 (Colo.App.1995), rev’d on other grounds, 924 P.2d 524 (Colo.1996).

Once it has been through the title setting process, an initiative’s precise language has been formally determined, and the particular question that its proponents seek to submit to the electorate has been established. Regardless whether an “initiated measure” becomes an “issue” at any time prior to the setting of the ballot title, a question we need not decide here, certainly the term “initiated measure,” as referenced in § 1-45-103(8), is sufficiently broad to include an initiative that has been through the title setting process but has not been placed on the ballot. See Colo. Const, art. V, § 1(2) (every petition to place on the ballot an initiative whose title has been set “shall include the full text of the measure so proposed”).

However, whether an initiative will be placed on the ballot will depend on whether the proponents of the initiative will be able to garner the necessary number of signatures. See Colo. Const, art. V, § 1(2). Hence, plaintiff argues, since, under § 1-45-103(8), an initiated measure is one that “is to be submitted” to the electorate, that statutory section necessarily refers only to those measures which will, in fact, be voted on in the next election. Here, as noted, PDII was not placed on the ballot.

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936 P.2d 631, 21 Colo. J. 401, 1997 Colo. App. LEXIS 73, 1997 WL 129096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colorado-for-family-values-v-meyer-coloctapp-1997.