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Colorado Statutes § 1-45-103 Definitions - repeal

⤴ Up to Article 45: Fair Campaign Practices Act

Statute Text

As used in this article 45, unless the context otherwise requires:
(1) "Appropriate officer" shall have the same meaning as set forth in section 2 (1) of article XXVIII of the state constitution.
(1.3) "Ballot issue" shall have the same meaning as set forth in section 1-1-104 (2.3); except that, for purposes of section 1-45-117 , "ballot issue" shall mean both a ballot issue as defined in this subsection (1.3) and a ballot question.
(1.5) "Ballot question" shall have the same meaning as set forth in section 1-1-104 (2.7).
(2) "Candidate" shall have the same meaning as set forth in section 2 (2) of article XXVIII of the state constitution.
(3) "Candidate committee" shall have the same meaning as set forth in section 2 (3) of article XXVIII of the state constitution.
(4) "Candidate committee account" shall mean the account established by a candidate committee with a financial institution pursuant to section 3 (9) of article XXVIII of the state constitution.
(5) "Conduit" shall have the same meaning as set forth in section 2 (4) of article XXVIII of the state constitution.
(6)
(a) "Contribution" shall have the same meaning as set forth in section 2 (5) of article XXVIII of the state constitution.
(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.
(d) "Contribution" does not include the payment of legal fees to advise a candidate on compliance with campaign laws or regulations or to represent a candidate or candidate committee in any action in which the candidate or committee has been named as a defendant. Such legal services are not undertaken "for the benefit of any candidate committee" or "for the purpose of promoting the candidate's nomination, retention, recall, or election" as those phrases are used in section 2 (5)(a)(II) and (5)(a)(IV) of article XXVIII of the state constitution.
(e) "Contribution" does not include an intervention by the secretary of state, as authorized by section 1-45-111.5 (1.5)(g), in any action brought to enforce the provisions of article XXVIII of the state constitution or this article 45.
(7) "Corporation" means 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.
(7.2) "Direct ballot issue or ballot question expenditure" means direct spending in support of or opposition to any single ballot issue or ballot question by a person who does not otherwise meet the requirements of an issue committee. Contributions to an issue committee are not direct ballot issue or ballot question expenditures.
(7.3)
(a) "Donation" means:
(I) The payment, loan, pledge, gift, or advance of money, or the guarantee of a loan, made to any person for the purpose of making an independent expenditure;
(II) Any payment made to a third party that relates to, and is made for the benefit of, any person that makes an independent expenditure;
(III) The fair market value of any gift or loan of property that is given to any person for the purpose of making an independent expenditure; or
(IV) Anything of value given, directly or indirectly, to any person for the purpose of making an independent expenditure.
(b) "Donation" shall not include a transfer by a membership organization of a portion of a member's dues for an independent expenditure sponsored by such membership organization.
(7.5) "Earmark" means a designation, instruction, or encumbrance that directs the transmission and use by the recipient of all or part of a donation to a third party for the purpose of making:
(a) Independent expenditures greater than one thousand dollars to support or oppose a specified candidate;
(b) Electioneering communications greater than one thousand dollars; or
(c) Contributions or expenditures greater than one thousand dollars to support or oppose a specified ballot issue or ballot question.
(8) "Election cycle" shall have the same meaning as set forth in section 2 (6) of article XXVIII of the state constitution.
(9) "Electioneering communication" has the same meaning as set forth in section 2 (7) of article XXVIII of the state constitution. For purposes of the disclosure required by section 1-45-108 , "electioneering communication" also includes any communication that satisfies all other requirements set forth in said section 2 (7) of article XXVIII but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.
(10)
(a) "Expenditure" has the same meaning as set forth in section 2 (8) of article XXVIII of the state constitution.
(b) "Expenditure" does not include legal services paid to defend a candidate or candidate committee against any action brought to enforce the provisions of article XXVIII of the state constitution or this article 45.
(10.5) "Foreign corporation" means:
(a) A parent corporation or the subsidiary of a parent corporation formed under the laws of a foreign country that is functionally equivalent to a domestic corporation;
(b) A parent corporation or the subsidiary of a parent corporation in which one or more foreign persons hold a combined ownership interest that exceeds fifty percent;
(c) A parent corporation or the subsidiary of a parent corporation in which one or more foreign persons hold a majority of the positions on the corporation's board of directors; or
(d) A parent corporation or the subsidiary of a parent corporation whose United States-based operations, or whose decision-making with respect to political activities, falls under the direction or control of a foreign entity, including the government of a foreign country.
(11) "Independent expenditure" shall have the same meaning as set forth in section 2 (9) of article XXVIII of the state constitution.
(11.5) "Independent expenditure committee" means one or more persons that make an independent expenditure in support of or in opposition to a candidate in an aggregate amount in excess of one thousand dollars or that collect in excess of one thousand dollars from one or more persons for the purpose of making an independent expenditure.
(12)
(a) "Issue committee" shall have the same meaning as set forth in section 2 (10) of article XXVIII of the state constitution.
(b) For purposes of section 2 (10)(a)(I) of article XXVIII of the state constitution, "major purpose" means support of or opposition to a ballot issue or ballot question that is reflected by:
(I) An organization's specifically identified objectives in its organizational documents at the time it is established or as such documents are later amended; or
(II) An organization's demonstrated pattern of conduct based upon it:
(A) and (B) (Deleted by amendment, L. 2022.)
(C) During the combined period of the current calendar year and the preceding two calendar years, making either contributions to one or more statewide Colorado issue committees or direct ballot issue or ballot question expenditures, in either support of or opposition to one or more statewide Colorado ballot issues or ballot questions, that exceeded thirty percent of the total dollar amount of all funds spent by the organization for any purpose and in any location during the entire preceding and current calendar years;
(D) During the combined period of the current calendar year and the preceding two calendar years, making either contributions to a single statewide Colorado issue committee or direct ballot issue or ballot question expenditures, in either support of or opposition to a single statewide Colorado ballot issue or ballot question, that exceeded twenty percent of the total dollar amount of all funds spent by the organization for any purpose and in any location; or
(E) Acting as an issue committee's funding intermediary by making contributions to an issue committee from funds earmarked for the issue committee.
(c) The provisions of paragraph (b) of this subsection (12) are intended to clarify, based on the decision of the Colorado court of appeals in Independence Institute v. Coffman, 209 P.3d 1130 (Colo. App. 2008), cert. denied, 558 U.S. 1024 , 130 S. Ct. 165, 175 L. Ed. 479 (2009), section 2 (10)(a)(I) of article XXVIII of the state constitution and not to make a substantive change to said section 2 (10)(a)(I).
(12.5) "Media outlet" means a publication or broadcast medium that transmits news, feature stories, entertainment, or other information to the public through various distribution channels, including, without limitation, newspapers; magazines; radio; and broadcast, cable, or satellite television.
(12.7) "Obligating" means, in connection with a named candidate, agreeing to spend in excess of one thousand dollars for an independent expenditure or to give, pledge, loan, or purchase one or more goods, services, or other things of value that have a fair market value in excess of one thousand dollars as an independent expenditure. "Obligating" shall not require that the total amount in excess of one thousand dollars be finally determined at the time of the agreement to spend moneys for an independent expenditure or to give, pledge, loan, or purchase anything of value.
(13) "Person" shall have the same meaning as set forth in section 2 (11) of article XXVIII of the state constitution.
(14) "Political committee" shall have the same meaning as set forth in section 2 (12) of article XXVIII of the state constitution.
(14.5) "Political organization" means a political organization defined in section 527 (e)(1) of the federal "Internal Revenue Code of 1986", as amended, that is engaged in influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and that is exempt, or intends to seek any exemption, from taxation pursuant to section 527 of the internal revenue code. "Political organization" shall not be construed to have the same meaning as "political organization" as defined in section 1-1-104 (24) for purposes of the "Uniform Election Code of 1992", articles 1 to 13 of this title.
(15) "Political party" shall have the same meaning as set forth in section 2 (13) of article XXVIII of the state constitution.
(15.3) "Regular biennial school election" means the election that is described in section 22-31-104 (1) , C.R.S.
(15.5) "Regular biennial school electioneering communication" has the same meaning as "electioneering communication" as defined in section 2 (7) of article XXVIII of the state constitution; except that, for purpose of the definition of regular biennial school electioneering communication only, "candidate" as referenced in section 2 (7)(a)(I) of said article means a candidate in a regular biennial school election and the requirements specified in section 2 (7)(a)(II) mean a communication that is broadcast, printed, mailed, delivered, or distributed within sixty days before a regular biennial school election. Except as otherwise specified in this subsection (15.5), the definition of "regular biennial school electioneering communication" is the same as that of "electioneering communication".
(15.7) "School district director" means a person serving as a director on the board of education of any school district within the state, including a school district composed of a city and county.
(16) "Small donor committee" shall have the same meaning as set forth in section 2 (14) of article XXVIII of the state constitution.
(16.3)
(a) "Small-scale issue committee" means an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed five thousand dollars during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question.
(b) The following are treated as a single small-scale issue committee:
(I) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by a single corporation or its subsidiaries;
(II) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by a single labor organization or the affiliated local units it directs; or
(III) All small-scale issue committees that support or oppose a common ballot measure if the committees are established, financed, maintained, or controlled by substantially the same person, group of persons, or other organizations.
(16.4) "Special school election" means any school election provided for by law and held at a time other than the regular biennial school election.
(16.5) "Spending" means funds expended influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any state or local public office in the state and includes, without limitation, any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything else of value by any political organization, a contract, promise, or agreement to expend funds made or entered into by any political organization, or any electioneering communication by any political organization.
(17) "Subsidiary" means a business entity having more than half of its stock owned by another entity or person, or a business entity of which a majority interest is controlled by another person or entity.
(18) "Unexpended campaign contributions"shall have the same meaning as set forth in section 2 (15) of article XXVIII of the state constitution.

History

Amended by 2023 Ch. 399 , § 46 , eff. 6/6/2023 .

Amended by 2022 Ch. 400 , § 1 , eff. 6/7/2022 .

Amended by 2022 Ch. 99 , § 1 , eff. 7/1/2022 , app. to the portion of any election cycle or for the portion of the calendar year remaining after said date, and for any election cycle or calendar year commencing after said date .

Amended by 2019 Ch. 328 , § 1 , eff. 8/2/2019 .

Amended by 2019 Ch. 69 , § 1 , eff. 8/2/2019 and applicable to the portion of any election cycle or for the portion of the calendar year remaining after the effective date of this act and for any election cycle or calendar year commencing after such effective date, whichever is applicable.

Amended by 2018 Ch. 155 , § 1 , eff. 4/23/2018 .

Amended by 2016 Ch. 269 , § 1 , eff. 6/10/2016 .

Amended by 2016 Ch. 267 , § 1 , eff. 8/10/2016 .

Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997. L. 98: (1) added and (8) amended, p. 223, § 1, effective April 10; (1.5) amended and (14) added, p. 954, § 1, effective May 27. L. 99: (5) amended, p. 1390, § 12, effective June 4. L. 2000: (1.3), (4)(a)(V), and (4.5) added and (4)(a)(III), (10)(b), and (12) amended, pp. 122, 123, §§ 2, 3, effective March 15; (8) amended, p. 1724, § 1, effective June 1. L. 2002: (8)(a)(I) amended and (8)(a)(III) added, p. 198, § 1, effective April 3; (1.5) and (2) amended, p. 1576, § 1, effective July 1. Initiated 2002: Entire section repealed, effective upon proclamation of the Governor (see editor's note, (2)). L. 2003: Entire section RC&RE, p. 2156, § 1, effective June 3. L. 2007: (7) amended, p. 1766, § 1, effective June 1; (6)(c), (14.5), and (16.5) added, pp. 1225, 1224, §§ 2, 1, effective July 1. L. 2009: (1.3) and (1.5) added, (HB 09-1153), ch. 774, p. 774, § 1, effective September 1. L. 2010: (7) amended and (7.3), (7.5), (10.5), (11.5), (12.5), and (12.7) added, (SB 10-203), ch. 1229, p. 1229, § 2, effective May 25; (12) amended, (HB 10-1370), ch. 1241, p. 1241, § 4, effective 1/1/2011 . L. 2011: (12)(c) amended, (HB 11-1303), ch. 1148, p. 1148, § 2, effective August 10. L. 2016: (16.3) added, (SB 16-186), ch. 1113, p. 1113, § 1, effective June 10; (15.3) and (15.5) added, (HB 16-1282), ch. 1105, p. 1105, § 1, effective August 10. L. 2018: (6)(d) and (6)(e) added and (10) amended, (HB 18-1047), ch. 1091, p. 1091, § 1, effective April 23. L. 2019: IP and (7.5) amended and (16.3) R&RE, (HB 19-1318), ch. 3040, p. 3040, § 1, effective August 2; IP and (9) amended, (SB 19 -068), ch. 250 , p. 250 , § 1 , effective August 2.

Editor's Note

(1) This section is similar to former § 1-45-103 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) Prior to the recreation and reenactment of this section in 2013, 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.
(3) Prior to the reenactment of subsection (16.3) on August 2, 2019, subsection (16.3)(c) provided for the repeal of subsection (16.3), effective June 30, 2019. (See. L. 2016, p. 1113.)

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Prior Versions of This Statute