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Colorado > Colorado Electoral Code > Fair Campaign Practices Act

1-45-105.3. Contribution limits. (Repealed)

Overview of Statute

C.R.S. § 1-45-105.3 has been repealed.

Statute

Source: L. 2000: Entire section added with relocations, p. 118, § 1, effective March 15.L. 2002: (4)(a.5) added, p. 1929, § 1, effective June 7.Initiated 2002: Entire section repealed, effective upon proclamation of the Governor (see editor’s note, (2)).

Editor’s note: (1) The provisions of this section were similar to several former provisions of § 1-45-104 as they existed prior to 2000. (2) (a) Subsection (4) of section 1 of article V of the state constitution provides that initiated and referred measures shall take effect from and after the official declaration of the vote thereon by the proclamation of the Governor. The measure enacting article XXVIII of the state constitution takes effect upon proclamation of the vote by the Governor. The Governor’s proclamation was issued on December 20, 2002. However, section 13 of the measure enacting article XXVIII of the state constitution provides that the effective date of article XXVIII is December 6, 2002. (b) This section was repealed by an initiated measure that was adopted by the people in the general election held November 5, 2002. Section 12 of article XXVIII provides for the repeal of this section. For the text of the initiative and the vote count, see Session Laws of Colorado 2003, p. 3609.
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 [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: Hlavec v. Davidson

Citation: 64 P.3d 881 (Colo. App. 2002)

Year: 2002

Case URL: https://www.ravellaw.com/opinions/a6abff1cdb7f1d0a9496f242a2313205

Case Summary: Holding that candidate had to report campaign expenditures made from his personal funds; the Fair Campaign Practices Act was not unconstitutional with its restriction on the amount a candidate can spend from personal funds on his own campaign; and the Act was not unconstitutionally vague as to who must report.

Out-of-State Cases

Federal Cases

Case Name: Citizens for Responsible Gov’t State Political Action Comm. v. Davidson

Citation: 236 F.3d 1174 (10th Cir. 2000)

Federal Circuit Court: 10th Circuit Court

Year: 2000

Case URL: https://www.ravellaw.com/opinions/4ec65e67ac7f8c47192a6f3afa7c1b38

Case Summary: Holding that sections of the Fair Campaign Practices Act defining “independent expenditure,” “political committee,” and “political message,” were applicable to issue advocacy groups which had expenditures referring to specific candidates for state office, so that those groups had standing to challenge the law; voter guides that referred to specific candidates but did not expressly advocate the election or defeat of any candidate were “political messages” covered by the Act; the definitions were unconstitutional as applied to plaintiffs; the unconstitutional phrases were severable; the requirement of giving notice of obligation of funds for independent expenditures within 24 hours violated the First Amendment and was not severable from the remainder of the reporting subsection; and the disclaimer provision of the Act was invalid.

State Constitutional Provisions

The repeal of this section, proposed by initiative in 2002, was ratified by the electorate at the general election of Nov. 5, 2002, effective Dec. 6, 2002.

Former § 1-45-105.3, relating to contribution limits, was added by Laws 2000, Ch. 36, § 1 and amended by Laws 2002, Ch. 344, § 1.

See, now,  Colorado Constitution, Art. XXVIII, § 3 .