Proponents of Proposed Initiative Measure 2025-2026 Number 413 presented their case at a Colorado legislative review and comment hearing, arguing that the state has authority to exclude political spending power from the package of legal privileges it confers on artificial persons. No opposing testimony was presented, and no votes were taken.
Legislative Council Staff raised whether prohibiting artificial persons from exercising political spending power conflicts with the First Amendment and Citizens United v. Federal Election Commission. Proponents countered that Citizens United addressed regulatory authority over the speech of a corporation that already possesses legal power to spend, while this initiative addresses 'power granting authority' — what powers the state chooses to extend to artificial persons as a condition of conferring legal status — calling it 'a different question entirely.'
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“Citizens United was about regulatory authority. Whether the government can restrict the political speech of a corporation that already possesses the legal power to spend that is a different question entirely from the one this initiative addresses. This initiative is about power granting authority. What powers the state of Colorado chooses to extend to artificial persons as a condition of conferring legal status on them. The state isn't regulating anyone's speech. It is deciding what's included in the package of legal privileges it offers. Natural persons are completely unaffected. No court has ever held that the First Amendment requires a state to include political spending power in that package.”
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Sign in to subscribeAll right. The review and comment hearing for proposed initiative measure 2025 2026, number 413 concerning limits on political spending by artificial persons will come to order. It is April 3rd at 10 o'. Clock. I am Alexa Kelly. I'm with Legislative Council Staff. Nicole Myers, Legislative Legal Services Sherry Stee, Proponent Seneca Singh, proponent Great Section 140151 Colorado Revised Statutes requires the directors of the Legislative Council Staff and the Office of Legislative Legal Services to review and comment on initiative petitions for proposed laws and amendments to the Colorado Constitution. We hereby submit our comments and questions to you regarding the appended proposed initiative. The purpose of this statutory requirement of the Directors of Legislative Council Staff and the Office of Legislative Legal Services is to provide comments and questions intended to aid designated representatives and the proponents they represent in determining the language of their proposal and to avail the public of the contents of the proposal. Our first objective is to be sure we understand your intended purposes of the proposal. We hope that the comments and questions in this memorandum will provide a basis for discussion, discussion and understanding of the proposal. Discussion between designated…
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