Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-02453-ZLW-DME

Document 78

Filed 07/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02453-ZLW-CBS KEITH LANCE, CARL MILLER, RENEE NELSON, NANCY O'CONNOR, Plaintiffs, v. DONETTA DAVIDSON, Secretary of State for the State of Colorado, in her official capacity only, Defendant. SECRETARY OF STATE'S SUPPLEMENTAL AUTHORITY RE PLAINTIFFS' STANDING TO ASSERT A CLAIM UNDER THE ELECTIONS CLAUSE Defendant Gigi Dennis, the Colorado Secretary of State, by and through her attorneys, the Office of the Colorado Attorney General, respectfully submits this supplemental authority regarding Plaintiffs' standing to assert a claim under the Elections Clause. In its Order dated July 6, 2006, this Court set oral argument in this matter, and further ordered the parties to "be prepared to address whether Plaintiffs have standing to assert an individual rights claim, rather than a governmental or individual rights claim, under the Elections Clause." Counsel for the Secretary conferred by telephone with counsel for Plaintiffs on July 17, 2006, to discuss the Court's Order. Because the issue of standing was not briefed by the parties, yet will be addressed at oral argument on July 26, 2006, counsel for both parties agreed to exchange and file with the Court any supplemental authority that each party may

Case 1:03-cv-02453-ZLW-DME

Document 78

Filed 07/24/2006

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discuss during the argument. This supplemental authority represents cases that were not otherwise cited in the briefs, but which bear on the standing issue raised by the Court's July 6th Order. Counsel believe this exchange will aid them and the Court in preparing for argument. Accordingly, the Secretary may discuss the following cases (re standing) at oral argument on July 26, 2006:
McConnell v. Federal Election Comm'n, 540 U.S. 93, 226-27 (2003). Raines v. Byrd, 521 U.S. 811, Lujan v. Defenders of Wildlife, 504 U.S. 555, 573-76 (1992). Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464 (1982). 5. Warth v. Seldin, 422 U.S. 490, 498-502 (1975). 6. Schlesinger v. Reservists Comm. To Stop the War, 418 U.S. 208 (1974). 7. Georgia State Conf. of NAACP Branches v. Cox, 183 F.3d 1259, 1262-64 (11th Cir. 1999). 8. Utah v. Babbitt, 137 F.3d 1193, 1207, 1210, 1214 (10th Cir. 1998). 9. Claybrook v. Slater, 111 F. 3d 904 (D.C. Cir. 1997). 10. Initiative and Referendum Institute v. Walker, 450 F.3d 1082, 1092-97 (10th Cir. 2006); Id. at 1105-10 (Tacha, C.J., dissenting). Respectfully submitted this 24th day of July, 2006. 1. 2. 3. 4.

JOHN W. SUTHERS Attorney General s/ Monica M. Marquez MAURICE G. KNAIZER Deputy Attorney General MONICA M. MÁRQUEZ Assistant Attorney General Attorneys for Defendant Gigi Dennis, Colorado Secretary of State 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Phone: 303-866-4500 Facsimile: 303-866-4765

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Case 1:03-cv-02453-ZLW-DME

Document 78

Filed 07/24/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on July 24, 2006, I electronically filed the within SECRETARY OF STATE'S SUPPLEMENTAL AUTHORITY RE PLAINTIFFS' STANDING TO ASSERT A CLAIM UNDER THE ELECTIONS CLAUSE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John S. Zakhem, Esq. Brett R. Lilly, Esq. Doyle Zakhem Suhre & Lilly, LLC 950 S. Cherry St., Suite 312 Denver, Colorado 80246 [email protected] Attorneys for Plaintiffs

___________s/Pamela Ponder___________

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