Colorado Politics

Court grants injunction in Coffman’s lawsuit against Aurora over campaign finance law

An Arapahoe County District Court judge has granted a preliminary injunction in Aurora Mayor Mike Coffman’s lawsuit against the city, claiming that a new campaign finance law violates his freedom of speech.

The lawsuit alleges the law, passed by the City Council last year, prohibits former and future candidates from pushing for ballot issues or helping other candidates with their campaigns, which Coffman argues is intended to prevent his supporters from mobilizing in support of other candidates.

With this injunction, the city must cease enforcing the new campaign finance law until the lawsuit is resolved. The lawsuit was first filed in March 2021.

“I’m grateful that the court has granted an injunction suspending these rules while our lawsuit to have them declared unconstitutional continues,” Coffman said in a statement. “These extreme rules are designed specifically to deny me the fundamental right to publicly support candidates or ballot initiatives.”

Multiple members of the City Council have publicly dismissed the claim that the new law prevents council members from supporting other campaigns.

After over a year of drafting and community outreach, the City Council passed the campaign finance reform in November 2020 with a 7-3 vote, with only council members Dave Gruber, Marsha Berzins and Francoise Bergan voting no.

“This ordinance does not make it illegal for any council members to support or oppose candidates,” said Councilman Juan Marcano, who co-sponsored the ordinance with Mayor Pro Tem Nicole Johnston, in March.

“I find it interesting that the only parts of the law that he is attacking are coordinating with/disclosing dark money.”

The law’s main focus was limiting donations from individuals and committees to $1,000 in at-large and mayor races and $400 for City Council wards. It also bans contributions from “artificial persons” and increases transparency of donations and enforcement of regulations.

Before the law went into effect on Jan. 1, Aurora imposed no limits on donations to candidates. Because of this, city elections had become increasingly expensive.

The 2019 mayoral race in which Coffman was elected was the most expensive election in the city’s history, reaching $1 million in fundraising nearly a month before the election.

Two weeks before the election, Coffman received $50,000 in a single finance disclosure period. Some of his contributions included $5,000 from oil and gas operator Benson Mineral Group and $2,500 from real estate mogul Larry Mizel.

In his lawsuit, Coffman alleges that the law’s restrictions were specifically targeted at him.

“I agree with the contribution limits placed on candidates,” Coffman said. “But under the cover of campaign finance reform, the sponsors of this proposal … have blatantly violated both the Colorado and U.S. constitutions by inserting unrelated provisions designed to silence me.”

Prior to its passing, Coffman issued a competing finance reform plan that was killed at vote in October. Coffman’s plan had similar donation limits but significantly lower violation fees, with a $100-per-day fee compared to Johnston’s and Marcano’s fee of $500 to $1,000 per day.

Johnston’s and Marcano’s ordinance also threatens anyone intentionally violating finance requirements with a fine of $10,000 or three times the contribution, whatever is greater.

The ordinance was one of five campaign finance reforms passed in Colorado in the past three years, including Denver’s 2018 Fair Elections Act and similar 2019 reforms in Lakewood.

The ordinance was endorsed by organizations including CleanSlateNow Action, PDA Colorado, Our Revolution Metro Denver, Colorado Working Families Party, Colorado Common Cause, DSA Colorado, Indivisible CD6, The Campaign Legal Center and Democracy Enter Colorado.

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