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Colorado > Colorado Electoral Code > Fair Campaign Practices Act

1-45-101. Short title

Overview of Statute

This article will be known and may be cited as the “Fair Campaign Practices Act.”

Statute

This article shall be known and may be cited as the “Fair Campaign Practices Act”.

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997.

Editor’s note: Articles 1 to 13 were numbered as articles 1, 3, 4, 9 to 19, and 21 of chapter 49, C.R.S. 1963. The substantive provisions of these articles were repealed and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to these articles prior to 1980, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. numbers prior to 1980 are shown in editor’s notes following those sections that were relocated. For a detailed comparison of these articles for 1980, see the comparative tables located in the back of the index.

Cross references: For school elections, see articles 30, 31, and 42 of title 22; for elections for removal of county seats, see article 8 of title 30; for municipal elections, see article 10 of title 31; for special district elections, see part 8 of article 1 of title 32; for exemption of certain statutory proceedings from the rules of civil procedure, see C.R.C.P. 81; for recall from office, see article XXI of the state constitution; for recall of state and county officers, see part 1 of article 12 of this title; for recall of municipal officers, see part 5 of article 4 of title 31; for recall of directors of special districts, see § § 32-1-906, 32-1-907.

Editor’s note: (1) This article was added in 1974. This article was repealed and reenacted by initiative in 1996, resulting in the addition, relocation, and elimination of sections as well as subject matter. The vote count on the measure at the general election held November 5, 1996, was as follows: FOR:928,148

AGAINST: 482,551 (2) For amendments to this article prior to 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor’s notes following those sections that were relocated.

Cross references: For public official disclosure law, see part 2 of article 6 of title 24.

Law reviews: For article, “Fair Campaign Practices Act: Killing Trees for Good Government”, see 26 Colo. Law. 101 (September 1997). For article, “Public Moneys and Ballot Issues Under the Fair Campaign Practices Act”, see 34 Colo. Law. 81 (September 2005).

Editor’s note: This section is similar to former § 1-45-101 as it existed prior to 1996.

ANNOTATIONS

George L. Blum, Constitutionality, Construction, and Application of Statute or Regulatory Activity Respecting Political Advertising Nonprint Media Cases, or Cases Implicating Both Print and Nonprint Media, 53 A.L.R.6th 491 (2010).

American Law Reports, Construction and Application of Provisions of Corrupt Practices Act Regarding Contributions by Corporations, 125 A.L.R. 1029 (1940).

 

 

Definition [Corporation]

A domestic corporation incorporated under and subject to the “Colorado Business Corporation Act”, articles 101 to 117 of title 7, C.R.S., a domestic nonprofit corporation incorporated under and subject to the “Colorado Revised Nonprofit Corporation Act”, articles 121 to 137 of title 7, C.R.S., or any corporation incorporated under and subject to the laws of another state. For purposes of this article, “domestic corporation” shall mean a for-profit or nonprofit corporation incorporated under and subject to the laws of this state, and “nondomestic corporation” shall mean a corporation incorporated under and subject to the laws of another state or foreign country. For purposes of this article, “corporation” includes the parent of a subsidiary corporation or any subsidiaries of the parent, as applicable. C.R.S. § 1-45-103.

Definition [Contribution]

(a) (I) The payment, loan, pledge, gift, or advance of money, or guarantee of a loan, made to any candidate committee, issue committee, political committee, small donor committee, or political party;

(II) Any payment made to a third party for the benefit of any candidate committee, issue committee, political committee, small donor committee, or political party;

(III) The fair market value of any gift or loan of property made to any candidate committee, issue committee, political committee, small donor committee or political party;

(IV) Anything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate’s nomination, retention, recall, or election.

(b) “Contribution” does not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee, small donor committee, issue committee, or political party; a transfer by a membership organization of a portion of a member’s dues to a small donor committee or political committee sponsored by such membership organization; or payments by a corporation or labor organization for the costs of establishing, administering, and soliciting funds from its own employees or members for a political committee or small donor committee.

Section 2(5) of article XXVIII of the state constitution.

 

C.R.S. § 1-45-103 further adds:

(b) “Contribution” includes, with regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services, or participation in a campaign-related event, an amount equal to the value in excess of such compensation or consideration as determined by the candidate committee.

(c) “Contribution” also includes:

(I) Any payment, loan, pledge, gift, advance of money, or guarantee of a loan made to any political organization;

(II) Any payment made to a third party on behalf of and with the knowledge of the political organization; or

(III) The fair market value of any gift or loan of property made to any political organization.

C.R.S. § 1-45-103.

Definition [Ballot issue]

A nonrecall,  citizen-initiated  petition  or legislatively-referred
measure which is authorized by the state constitution, including a question as defined in  sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. C.R.S. § 1-8.3-102.

Definition [Title]

A brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

Definition [Ballot]

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

(c) A ballot cast by a covered voter in accordance with this article.

(2) “Covered voter” means:

(a) A uniformed-service voter defined in paragraph (a) of subsection (9) of this section who is a resident of this state but who is absent from this state by reason of active duty and who otherwise satisfies this state’s voter eligibility requirements;

(b) An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or

(d) An overseas voter who was born outside the United States, is not described in paragraph (b) or (c) of this subsection (2), and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements if the last place where a parent, legal guardian, spouse, or civil union partner of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this state.

C.R.S. § 1-8.3-102.

Definition [Section]

A bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the abstract required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors’ signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

Definition [Election]

Any election under the “Uniform Election Code of 1992” or the “Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S. C.R.S. § 1-7.5-103.

Cases

colorado Cases

Case Name: Sanger v. Dennis

Citation: 148 P.3d 404 (Colo. App. 2006)

Year: 2006

Case URL: https://www.ravellaw.com/opinions/e7becf8a66bf389f936c9a662f26ad36

Case Summary: Holding that unions did not have to prove rule was unconstitutional beyond a reasonable doubt, because their challenge was an “as applied” challenge; preliminary injunction was not invalid when it granted unions and members all the relief that could be obtained upon a final hearing; unions and members established that they would likely prevail on their claim that Secretary of State exceeded her rulemaking authority; and unions and members established that they would likely prevail on their claim that the rule violated their freedom of association and speech rights.

Case Name: Bruce v. City of Colo. Springs

Citation: 200 P.3d 1140 (Colo. App. 2008)

Year: 2008

Case URL: https://www.ravellaw.com/opinions/31d8c1b6ba49a5488f1cf5496a92c452

Case Summary: Holding that the single subject rule for legislative measures applies only to statewide measures and not to municipal initiatives and that constitutional challenge to the single subject rule had to be decided before the trial court could determine whether initiative violated it.

Case Name: Williams v. Teck

Citation: 113 P.3d 1255 (Colo. App. 2005)

Year: 2005

Case URL: https://www.ravellaw.com/opinions/b837539b988847244293e956229bee83

Case Summary: Holding that candidate committee satisfied reporting requirements with regard to unexpended contributions; candidate committee could properly use unexpended contributions to pay senator's legal fees; and candidate committee was not required to terminate after senator was elected to his final term.

Case Name: Colo. Common Cause v. Coffman

Citation: 85 P.3d 551 (Colo. App. 2003)

Year: 2003

Case URL: https://www.ravellaw.com/opinions/a2c2cd8abd08c77f5e6c26bc9119c2da

Case Summary: Holding that the Administrative Law Judge (ALJ) did not err in finding that the state treasurer violated the law by expending more than $50 in public funds urging voters to defeat a measure and that the ALJ had authority to impose a monetary sanction for this violation.

Case Name: Colo. Common Cause v. Meyer

Citation: 758 P.2d 153 (Colo. 1988)

Year: 1988

Case URL: https://casetext.com/case/common-cause-v-meyer

Case Summary: Holding that for-profit corporation that makes contributions, in-kind contributions, or expenditures to or on behalf of state political campaigns out of its corporate treasury must comply with the reporting requirements in the Campaign Reform Act.

Out-of-State Cases

Federal Cases

Regulations & Guidance