Colorado Amendment 41 (2006) - Legal Reactions

Legal Reactions

The state legislature, in the same legislation stating its interpretation of the initiative, asked the Colorado Supreme Court to resolve the dispute over the constitutionality of this implementing legislation, but it declined to act.

A state trial court of general jurisdiction in Denver, Colorado issued a preliminary injunction against the enforcement of Amendment 41 on U.S. constitutional grounds in 2007. The state court in this case issued a preliminary injunction banning enforcement of the gift ban on First Amendment grounds during the pendency of the litigation. On appeal to the Colorado Supreme Court, the preliminary injunction was then vacated on February 25, 2008, on the grounds that the suit was not ripe prior to the organization of the independent ethics commission, without reaching the merits of the constitutionality of Amendment 41.

Read more about this topic:  Colorado Amendment 41 (2006)

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