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Colorado > Colorado Electoral Code > Fair Campaign Practices Act

1-45-113. Sanctions. (Repealed)

Overview of Statute

C.R.S. § 1-45-113 has been repealed.

Statute

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997.L. 98: (6) added, p. 633, § 3, effective May 6; (6) added, p. 952, § 4, effective May 27.L. 2000: (1), (2), (3), and (4) amended, p. 127, § 9, effective March 15.L. 2001: (4) amended, p. 1110, § 1, effective September 1.Initiated 2002: Entire section repealed, effective upon proclamation of the Governor (see editor’s note, (2)).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 § 1-45-121 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(b) This section was repealed by an initiated measure that was adopted by the people in the general election held November 5, 2002.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.

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: 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: League of Women Voters v. Davidson

Citation: 23 P.3d 1266 (Colo. App. 2001)

Year: 2001

Case URL: https://www.ravellaw.com/opinions/c086848dae3ee69a41e10497b8b5f2fd

Case Summary: Holding that the fact that being a political committee was not a stated purpose in a nonprofit corporation's articles of incorporation did not mean that the corporation was not a political committee under the Fair Campaign Practices Act; for a political advertisement to constitute “express advocacy,” advertisement must expressly advocate election or defeat of a clearly identified candidate; and leaflet that contained photographs of Republican candidates, showed their political positions, and requested “Please make sure to Vote!” was not express advocacy.

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.

Case Name: Colo. for Family Values v. Meyer

Citation: 936 P.2d 631 (Colo. App. 1997)

Year: 1997

Case URL: https://www.ravellaw.com/opinions/8d9e1273ee07f3df08d6bdec4eeb41c1

Case Summary: Holding that initiative that has gone through the title setting process but has not been formally certified for the ballot is still an “issue” under the Campaign Reform Act.

Out-of-State Cases

Federal Cases

Regulations & Guidance