Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures

Colorado Politics: Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements.

No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE, which created a state nicotine tax and established a minimum price for packs of cigarettes. No on EE was primarily funded by the tobacco company Liggett Vector Brands.

Initially, No on EE spent more than $3 million on communications opposing Prop EE without listing its registered agent, who is the person designated to receive mailings and file campaign finance reports. After a voter filed a complaint, No on EE immediately revised its advertisements to correct the omission.

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