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Closing arguments in ‘Pay to Play’ suit expected today

Challenge was made to voter-approved Amendment 54

Peter Marcus, DDN Staff Writer

Tuesday, June 23, 2009

 


Closing arguments are expected today in a lawsuit challenging a voter-approved initiative that prohibits the so-called practice of “Pay to Play.”

Amendment 54 was narrowly passed by voters last year after critics said the initiative would violate constitutional law by limiting free speech. Dubbed the “road to clean government,” Amendment 54 prohibits campaign contributions by any entity connected to an organization that receives a government no-bid contract of $100,000 or greater.


Campaign contributions for favors?

Proponents — some who used the initiative as an attack on unions — said the law is necessary to prevent giving campaign contributions in exchange for favors, such as if a labor boss provided a contribution in exchange for a board appointment.

But the lawsuit seeks to suspend the restriction on campaign contributions, while still requiring the public posting of no-bid contracts of $100,000 or more. Critics of the law say that it “silences the political voices of teachers, firefighters and nurses” by prohibiting them from giving political contributions because they are members of unions that collectively bargain with government agencies.


Silencing voices?

“Amendment 54 is a dangerous measure that will silence the voices of hardworking Coloradans and take away their right to participate in the political process,” Jess Knox, the lead proponent of several pro-union measures last year, said in a statement at the time Amendment 54 was being pushed.

Jon Caldara, president of the fiscally conservative Independence Institute, said he is a fan of the law in that it brings about transparency in government.

“I particularly like some aspects such as creating a database for transparency so we know who has no-bid contracts,” he said. “The questions is, is it too far reaching, and the court is going to decide that. It’ll be interesting to see.”

 

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