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Colorado > Colorado Electoral Code > Fair Campaign Practices Act

1-45-107. Independent expenditures. (Repealed)

Overview of Statute

C.R.S. § 1-45-107 has been repealed.

Statute

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997.Initiated 2002: Entire section repealed, effective upon proclamation of the Governor (see editor’s note, (2)).

Editor’s note: (1) This section was similar to former § 1-45-110.5 as it existed prior to 1996. (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 (b) This section was repealed by an initiated measure that was adopted by the people in the general election held November 5, 2002.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.

ANNOTATION

Kristine Cordier Karnezis, Annotation, State Regulation of the Giving or Making of Political Contributions or Expenditures by Private Individuals, 94 A.L.R.3d 944 (1979).

Definition [Expenditure]

Any purchase, payment, distribution, loan, advance, deposit, or gift of money by any person for the purpose of expressly advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question. An expenditure is made when the actual spending occurs or when there is a contractual agreement requiring such spending and the amount is determined.

(b) “Expenditure” does not include:

(I) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party;

(II) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party;

(III) Spending by persons, other than political parties, political committees and small donor committees, in the regular course and scope of their business or payments by a membership organization for any communication solely to members and their families;

(IV) Any 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 made by a corporation or labor organization for the costs of establishing, administering, or soliciting funds from its own employees or members for a political committee or small donor committee.

Section 2(8) of article XXVIII of the state constitution.

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 [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: Common Sense Alliance v. Davidson

Citation: 995 P.2d 748 (Colo. 2000)

Year: 2000

Case URL: https://www.ravellaw.com/opinions/8a4020d8e28ab375146a087a715fa803

Case Summary: Holding that Fair Campaign Practices Act covers only “issue committees” that were formed for the purpose of supporting or opposing a ballot initiative, so organizations formed for another purpose that later commit to a ballot issue are not within the statute.

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.

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