Citizens United, a conservative group synonymous with a controversial Supreme Court decision on money and elections, is filming a documentary about various Colorado “advocacy groups” and their impact on state government and policy.
The one-hour movie is expected to be released in September and will contain “unambiguous” references to Democratic Gov. John Hickenlooper, state lawmakers and other candidates up for re-election, according to a petition Citizens United filed with the Colorado secretary of state.
Citizens United said it won’t take a position on the candidates, but it will depict those who do.
Michael Boos, legal counsel and vice president for Citizens United, has asked the secretary of state to issue a declaratory order confirming that the upcoming film is excluded from the definitions of “electioneering communication” and “expenditure” under Colorado campaign finance laws. If Citizens United were included, then it would have to reveal its donors.
It has asked Secretary of State Scott Gessler to consider it a media outlet and therefore not subject to campaign finance laws.
If the order isn’t granted, then Citizens United has asked for an advisory opinion, which the group could use as “persuasive evidence” in case of any legal action.
“We are evaluating the petition to determine if we are going to hold a public hearing,” Deputy Secretary of State Suzanne Staiert said Tuesday. “If we do it will be toward the end of May or early June. An opinion would be issued afterward.”
Citizens United said in its petition that it regularly produces and distributes films that explore “controversial political organizations, personalities and policies in the United States and abroad.”
Citizens United in the 2008 election season wanted to air a film criticizing presidential candidate Hilary Rodham Clinton. It sued the Federal Election Commission over a law that barred corporations and unions from paying for media that mentioned any candidate in periods immediately preceding elections.
The Supreme Court in a 5-4 decision in 2010 declared unconstitutional government restriction on “independent” political spending by corporations and unions, although campaign limits to candidates are still in place.
Critics of the decision still mock it as treating corporations as “persons” and say it has unleashed obscene amounts of money in politics.
On its web site, Citizens United says it “seeks to reassert the traditional American values of limited government, freedom of enterprise, strong families, and national sovereignty and security. Citizens United’s goal is to restore the founding fathers’ vision of a free nation, guided by the honesty, common sense, and good will of its citizens.”
Lynn Bartels: 303-954-5327, lbartels@denverpost.com or twitter.com/lynn_bartels
