1-45-114. Expenditures – political advertising – rates and charges
Overview of Statute
No candidate can pay any media outlet or other material supplier for services a higher charge than is normally required for comparable use of space, materials or other services. Should a media outlet charge a candidate committee a lower rate for use of space, materials, or services, the differences must be reported as a contribution to the candidate committee.
(1) No candidate shall pay to any radio or television station, newspaper, periodical, or other supplier of materials or services a higher charge than that normally required for local commercial customers for comparable use of space, materials, or services. Any such rate shall not be rebated, directly or indirectly.
(2) Any radio or television station, newspaper, or periodical that charges a candidate committee a lower rate for use of space, materials, or services than the rate such station, newspaper, periodical, or supplier charges another candidate committee for the same public office for comparable use of space, materials, or services shall report the difference in such rate as a contribution to the candidate committee that is charged such lower rate pursuant to section 1-45-108.
(3) Nothing in this article shall be construed to prevent an adjustment in rates related to frequency, volume, production costs, and agency fees if such adjustments are offered consistently to other advertisers.
Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997.L. 2000: Entire section amended, p. 128, § 10, effective March 15.L. 2003: (2) amended, p. 2160, § 5, effective June 3.
Editor’s note: This section is similar to former § 1-45-118 as it existed prior to 1996.
- Campaign Finance
- Candidate committee
- Media outlet
- Other Entity Expenditures
1. Definition for 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.
2. Definition for Candidate committee
A person, including the candidate, or persons with the common purpose of receiving contributions or making expenditures under the authority of a candidate. A contribution to a candidate shall be deemed a contribution to the candidate’s candidate committee. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the secretary of state. Section 2(3) of article XXVIII of the state constitution.
3. Definition for 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.
4. Definition for Committee
The committee of signers described in section 1-12-108(2). C.R.S. § 1-12-100.5.
5. Definition for Candidate
Any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or municipal election. “Candidate” also includes a judge or justice of any court of record who seeks to be retained in office pursuant to the provisions of section 25 of article VI. A person is a candidate for election if the person has publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article. Section 2(2) of article XXVIII of the state constitution.
Case Name: Patterson Recall Comm., Inc. v. Patterson
Citation: 209 P.3d 1210 (Colo. App. 2009)
Case Summary: Holding that Administrative Law Judge (ALJ) had the authority to sanction an issue committee for violating campaign finance laws; until it was terminated, issue committee was required to continue submitting contribution and expenditure reports after county clerk determined it had not gathered enough signatures to trigger a recall; an ALJ had the discretion to not impose a sanction for a violation of campaign laws; ALJ did not abuse her discretion by not sanctioning the committee for its failure to file reports; and committee's appeal was not frivolous.
Regulations & Guidance
Campaign and Political Finance Penalty Summary: https://perma.cc/98DG-R7PF