DEPARTMENT OF STATE RULES CONCERNING CAMPAIGN AND POLITICAL FINANCE 8 CCR 1505-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Rule 1. Definitions

1.1 “Ballot measure” means ballot issue or ballot question.

1.2 “Business Activities” for purposes of Colo. Const. Article XXVIII:

1.2.1 “Business activities” means providing goods or services that result in income or any other revenue-generating activity not expressly for political purposes.

1.2.2 “Cannot engage in business activities,” means that the articles of incorporation and bylaws, either expressly or implicitly, prohibit the corporation from engaging in any business activities.

[McConnell v. Federal Elections Commission, 540 U.S. 93 (2003)] 1.3 “Committee” as used generally in these rules includes candidate committee, political committee, small donor committee, issue committee, small-scale issue committee, independent expenditure committee, political party, and political organization.

1.4 “Contribution” has the same meaning as set forth in Colo. Const. article XXVIII, section 2(5)(b), and section 1-45-103(6), C.R.S.

1.4.1 A contribution does not include an endorsement of a candidate or an issue by any person, or include interest earned in an interest-bearing bank account, dividend income from invested committee funds, earned income from commercially reasonable transactions, or transfers of money within a political party.

1.4.2 Volunteer services

1. (a) Time-based services volunteered by an individual are not considered a contribution if the individual receives no direct or indirect compensation for the time volunteered.
2. (b) If an individual volunteers only a portion of his or her time-based services, the volunteered portion is not considered a contribution.
3. (c) Any unpaid services that create a thing of value are not considered a contribution. If volunteer services yield a thing of value, “contribution” only includes the reasonable value of the materials involved, unless the value is de minimis.

1.4.3 “Contribution in support of the candidacy” as outlined in Colo. Const. Article XXVIII, Section 2(2), includes all contributions given directly to, or coordinated with, a candidate for a specific public office, including those to a person who maintains a candidate committee after an election cycle.

1.5 “Designated filing agent” means any natural person appointed by a committee who is responsible for timely filing campaign finance reports.

1.6 “Frequent filing schedule” means:

1.6.1 For state and school district director candidates and committees, the filing schedule outlined in sections 1-45-108 (2)(a)(I)(B), (2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(E), C.R.S.;

1.6.2 For a county, municipal, and special district candidate or committee, the filing schedule outlined in section 1-45-108 (2)(a)(II), C.R.S.; and 1.6.3 For political committees, small donor committees, independent expenditure committees, and political organizations participating in a regular biennial school election, the filing schedule outlined in sections 1-45-108(2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(E), C.R.S.

1.7 “Independent expenditure committee” has the same meaning as set forth in section 1-45- 103(11.5), C.R.S. An independent expenditure committee may not coordinate its campaign- related expenditures with a candidate, candidate committee, or political party. Nothing in these rules limits joint fundraising efforts or the transfer of funds raised through joint fundraising efforts by an independent expenditure committee or other committee as long as each committee pays its allocated share of joint fundraising expenses and no committee participating in the joint fundraising activity receives more than its allocated share of funds raised in accordance with applicable contribution limits.

1.8 “Infrequent filing schedule” means:

1.8.1 For a state and school district director candidate or committee, the quarterly filing schedule outlined in section 1-45-108(2)(a)(I)(A), C.R.S.; and 1.8.2 For a county, municipal, or special district candidate or committee, the annual filing schedule outlined in section 1-45-108(2)(a)(II), C.R.S.

1.9 “Issue committee” means a person or a group of people that meets both of the conditions in Colo. Const. Article XXVIII, Section 2(10)(a)(I) and 2(10)(a)(II). An “Issue committee” does not include a married couple.

1.10 “Limited liability company” or “LLC” has the same meaning as set forth in section 1-45-103.7(8), C.R.S.

1.11 “Member”, as used in Colo. Const. Article XXVIII, Sections 2(5)(b), 2(8)(b)(IV), and 2(14)(a) only, means a person who pays membership dues.

1.12 “Non-public information” means confidential material in any form that is not available to the general public, including a non-public campaign plan, communications plan, campaign budget, specification of unmet and potentially unmet campaign needs, proposed or actual media buy, list or description of households or voters who will receive or have received materials under a mailing or other distribution program, polling or focus group results, or other proprietary material. “Non- public information,” does not include communications dealing solely with candidate positions on legislative or policy issues.

1.13 “Person”, for the purpose of Colo. Const. Article XXVIII, Section 7, means any natural person.

1.14 “Per day” means “per calendar day” unless otherwise indicated.

1.15 “Per year” means “per calendar year” unless otherwise indicated.

1.16 “Political committee” has the same meaning as set forth in Colo. Const. Article XXVIII, section 2(12), and does not include a married couple.

1.17 “Principal” as used in section 1-45-105.5, C.R.S., means any person that employs, retains, engages, or uses, with or without compensation, a professional or volunteer lobbyist. A person serving as an officer, employee, member, shareholder, or partner of an organization or business entity that employs, retains, engages, or uses a lobbyist is not considered a principal.

1.18 “Public office” means any office voted for in this state at any election. “Public office” does not include the office of president or vice president of the United States, the office of senator or representative in the Congress of the United States, or any office within a political party.

1.19 “Publicly announced an intention to seek election to public office or retention of a judicial office” means:

1.19.1 Registering a candidate committee; or

1.19.2 Announcing an intention to seek public office or retention of a judicial office through:

1. (a) A speech, advertisement, or other communication reported or appearing in public media; or (b) A statement made in any place accessible to the public; or (c) A statement made in a manner that a reasonable person would expect to become public.

[Colo. Const. Article XXVIII, Section 2(2)] 1.20 “Registered agent” is a natural person or candidate designated to receive mailings, to address concerns and questions regarding a committee, and is responsible for timely filing campaign finance reports. [Sections 1-45-108(3)(b) and 1-45-109(4)(b), C.R.S.] 1.21 “Standalone Candidate” means a candidate without a committee who does not accept contributions.

1.22 “Support or oppose”, for the purpose of Colo. const. Article XXVIII, Section 2(12)(a), means that the entity that contributed or made an expenditure did so in coordination with the candidate or candidate committee. If no such coordination exists, the entity is not a political committee. Rule 2. Candidates and Candidate Committees

2.1 Standalone Candidates

2.1.1 A standalone candidate need not register a candidate committee.

2.1.2 A standalone candidate must file disclosure reports for all reporting periods in which he or she makes expenditures. [Sections 1-45-108 and 1-45-109, C.R.S.]

2.2 Candidate committees

2.2.1 A candidate may serve as the candidate committee’s registered agent or appoint another natural person to be the registered agent. Only the registered agent, the designated filing agent, or the candidate may file the contribution and expenditure report.

2.2.2 Once assigned a candidate committee must follow the frequent filing schedule for the remainder of the year, except as outlined in Rule 17.5.

2.2.3 A candidate committee may accept the contribution limit specified in Colo. Const. Article XXVIII, Section 3(1) for the primary election even if the primary election is canceled under section 1-4-104.5(1), C.R.S. or the candidate is running unopposed.

2.2.4 Managing unexpended campaign contributions

1. (a) A candidate committee must report its unexpended balance as the ending balance at the end of the election cycle. A candidate committee must report its unexpended balance from the report filed 30 days after the major election as the beginning balance in the next election cycle. The candidate committee’s beginning balance must reflect what amount is retained for use in a subsequent election cycle and what amount is retained for use as unexpended funds.
2. (b) Candidates seeking re-election to the same office
   1. (1) A candidate committee may retain contributions to use in a subsequent election cycle for the same public office, in an amount not to exceed the political party contribution limit in Colo. Const. Article XXVIII, Section 3(3) (as adjusted by Rule 10.16).
   2. (2) If a candidate committee retains contributions to use in a subsequent election cycle for the same office, the amount retained counts toward the limit on contributions from a political party.
   3. (3) If a candidate committee retains contributions from a prior election cycle in excess of the political party contribution limit, the candidate committee may not use those funds for any subsequent election cycle but may retain them for use in accordance with section 1-45-106(1)(b), C.R.S., if applicable. The committee may also contribute the funds to a political party, donate the funds to a charitable organization recognized by the Internal Revenue Service, or return the funds to contributors.
3. (c) Candidates seeking election to a different office
   1. (1) A candidate committee may transfer funds to a candidate committee established by the same candidate for a different public office, subject to the political party contribution limit for the new office sought. [Colo. Const. Article XXVIII, Section 3] (2) Contributions from persons or committees made to the prior candidate committee do not apply toward the contribution limits for the new candidate committee.
   2. (3) A candidate committee transferring funds to a candidate committee for a different office must terminate within ten days of registering the new candidate committee.
   3. (4) A candidate seeking election to a state, county, or local office may not transfer funds from a federal candidate committee to a Colorado candidate committee that is subject to the provisions of the Fair Campaign Practices Act.
   4. (5) If a candidate committee transfers funds in excess of the political party contribution limit, the candidate committee may only retain them for use in accordance with section 1-45-106(1)(b), C.R.S. if applicable. The committee may also contribute the funds to a political party, donate the funds to a charitable organization recognized by the Internal Revenue Service, or return the funds to contributors.
4. (d) Candidates not seeking re-election or election to a new office
   1. (1) A candidate committee that wishes to terminate and will not transfer funds to a new candidate committee may give remaining contributions to:
      1. (A) A political party, in an amount not to exceed the limit in Colo. Const. Article XXVIII Section 3(3) (as adjusted by Rule 10.17);
         1. (B) A charitable organization recognized by the I.R.S.;
         2. (C) The original contributors; or (D) If elected to office, the candidate may use the remaining contributions for voter registration, political issue education, postsecondary educational scholarships, communication with constituents, or for expenses directly related to the officeholder’s official duties.

            [Section 1-45-106(1)(a)(I) and (b), C.R.S.]

2.2.5 Disposition of debt in anticipation of committee termination

1. (a) A candidate committee must report all contributions received during the election cycle and those contributions are subject to the contribution limit, regardless of debt carried over from a prior election cycle.
2. (b) Financial obligations incurred by a candidate committee in an election cycle that are not paid within a commercially reasonable period of time, not to exceed one year after the close of that election cycle, are “contributions” from the person extending credit.

2.3 Candidate affidavits. A candidate required to file with the Secretary of State must file a candidate affidavit electronically using the Secretary of State’s online campaign finance filing system. [Sections 1-45-110(1) and 24-21-111, C.R.S.]

2.4 Personal financial disclosures

2.4.1 A candidate need not file a new personal financial disclosure statement if the candidate filed either a full or amended disclosure statement less than 90 days before filing a candidate affidavit. [Section 1-45-110(2)(a) and (b), C.R.S.] 2.4.2 An amended or updated disclosure statement satisfies the full disclosure statement requirement if all required amended statements have been filed since the filing of the full disclosure statement. [Sections 1-45-110 and 24-6-202, C.R.S.] 2.4.3 If a candidate withdraws his or her candidacy by submitting appropriate documentation before filing the disclosure statement required in section 1-45-110(2)(a), C.R.S., the candidate need not file a disclosure statement. Any fines that the candidate accrued before withdrawing may be waived by the Secretary of State.

2.4.4 Personal financial disclosures may be submitted by fax or email and are considered timely if received by 11:59 p.m. MT on the date due.

2.4.5 A person who sits on a board or committee need not disclose the board or committee membership on a personal finance disclosure if the person does not:

1. (a) Receive compensation; or (b) Individually control board funds.

2.5 For special district candidates and committees, election cycle means the period of time beginning thirty-one days following the special district election for the particular office and ending thirty days following the next special district election for that office. Rule 3. Political Committees and Small Donor Committees 3.1 A political committee or small donor committee may not make contributions to an issue committee or small-scale issue committee, except to the extent that a contribution is for the purchase of items such as event tickets, merchandise, or services. [Colo. Const. Article XXVIII, Section 2(12)(a)] 3.2 A political committee may change its registration to a small donor committee without terminating the political committee if it has never accepted contributions of more than $50 per natural person per year.

3.3 Only the following qualify as a contribution or expenditure made to “support or oppose” a candidate, as those terms are used in the definition of “political committee” in subsection (12) (a) of section 2 of article XXVIII of the Colorado Constitution:

3.3.1 Contribution to the candidate committee: must be a payment, loan, pledge, gift, or advance of money, guarantee of a loan, or the gift or loan of property, made by the political committee and given directly to the candidate committee for the purpose of promoting the candidate’s nomination, retention, recall, or election; or 3.3.2 Expenditure from the political committee: must be coordinated with a candidate committee or political party and be intended to:

1. (a) Support that candidate’s nomination, retention, recall, or election; or (b) Oppose a competing candidate’s nomination, retention, recall, or election.

3.4 Where there is no coordination as described in Rule 3.3, and the aggregate amount of the expenditures is in excess of one thousand dollars, the entity is an independent expenditure committee rather than a political committee. If the person or group meets the registration requirements of an independent expenditure committee, it must register as an independent expenditure committee.

Rule 4. Issue Committees 4.1 An issue committee may support or oppose more than one ballot measure if the committee registration form states each measure, describes each measure, and states whether the committee supports or opposes the measure.

[Colo. Const. Article XXVIII, Section 2(10)(a)(I) and (2)(10)(a)(II)] 4.2 If an issue committee supports or opposes a ballot measure on an upcoming ballot, the issue committee must file on a frequent filing schedule. See Rule 17.2.3.

4.3 Termination. An issue committee may file a termination report at any time if the following conditions are met:

4.3.1 The committee no longer has a major purpose of supporting or opposing a ballot measure and no longer intends to accept or make contributions or expenditures to support or oppose a ballot issue or ballot question; and 4.3.2 The committee's TRACER account reflects no cash on hand and no outstanding debts, obligations, or penalties.

4.4 Small-scale issue committees

4.4.1 A small-scale issue committee may support or oppose more than one ballot measure if the committee registration form states each measure, describes each measure, and states whether the committee supports or opposes the measure. [Colo. Const. Article XXVIII, Section 2(10)(a)(I) and (2)(10)(a)(II)] 4.4.2 The notification required by section 1-45-108(1.5)(c)(III), C.R.S. must be submitted on the form provided by the Secretary of State.

4.4.3 The disclosure report required by section 1-45-108(1.5)(c)(I), C.R.S., must be filed with the appropriate officer within five calendar days after notification to the appropriate officer that the small-scale issue committee qualifies as an issue committee under section 1-45- 108(1.5)(c)(III), C.R.S.

4.4.4 Upon conversion of a small-scale issue committee to an issue committee, the issue committee’s first report of contributions and expenditures must reflect the small-scale issue committee’s funds on hand as a beginning balance.

4.4.5 A small-scale issue committee may terminate by filing an affirmation indicating the committee has no outstanding debts or obligations and wishes to terminate.

4.4.6 A small-scale issue committee required to register under section 1-45-108(1.5), C.R.S. may register and report as an issue committee at any time.

4.5 For issue committees and small-scale issue committees, the election cycle is a calendar year, beginning January 1 and ending December 31. This rule does not apply to issue committees formed to support or oppose a recall.

Rule 5. Independent Expenditures and Independent Expenditure Committees 5.1 Disclaimer requirement for nonbroadcast independent expenditure communications.

5.1.1 Under section 1-45-107.5(5), C.R.S., any nonbroadcast communication that constitutes an independent expenditure must contain a clear and conspicuous disclaimer that is clearly readable, printed in text that is no less than 15 percent of the size of the largest font used in the communication, or at least eight-point font, and includes:

1. (a) The name of the person that paid for the communication; and (b) A statement that the communication is not authorized by any candidate.

5.1.2 These requirements do not apply to bumper stickers, pins, buttons, pens, and similar small items upon which the disclaimer cannot be reasonably printed.

5.2 An independent expenditure committee must report donations over twenty dollars given for the purpose of making an independent expenditure.

5.2.1 An independent expenditure committee must itemize donations of $250 or more per year given for the purpose of making an independent expenditure and include the name and address of the donor.

5.2.2 If the committee is unable to gather the information required by section 1-45- 107.5(4)(b)(II), or (III), C.R.S., within 30 days after receipt of the donation, the committee must return the donation to the donor no later than the 31st day after receipt.

5.2.3 An independent expenditure committee must itemize independent expenditures made in an aggregate amount of $1,000 in any one calendar year and include the information required by section 1-45-107.5, C.R.S.

Rule 6. Political Parties 6.1 The appropriate filing officer for a state or county political party is the Secretary of State. [Section 1-45-108(1)(a)(I), C.R.S.]

6.2 Transfers of money within a party

6.2.1 A party may transfer money from one level of the organization to another without limit.

6.2.2 The party must disclose transfers as “other income” in accordance with Rule 10.15.

6.3 Home rule jurisdictions

6.3.1 A political party in a home rule jurisdiction that maintains a separate account in accordance with Rule 14.3 may not include contributions to, or expenditures from that separate account in reports filed with the Secretary of State.

6.3.2 If a political party receives contributions into a separate account in accordance with Rule 14.3, the party may not transfer funds from that account to other county parties or to a state party.

Rule 7. Federal PACs and 527 Political Organizations

7.1 Federal PACs

7.1.1 A Federal PAC that qualifies as a political committee under Colo. Const. Article XXVIII, section 2(12), must register with the Secretary of State’s office as a state political committee and follow all requirements for state political committees. Nothing in this rule requires a Federal PAC to observe Colorado requirements for contributions, expenditures, or other campaign finance activity for federal elections or elections in states other than Colorado.

7.2 Political organizations.

7.2.1 A political organization must file on the frequent filing schedule for a political committee in an even-numbered year, and on the infrequent filing schedule in an odd-numbered year, according to the filing schedules set forth in section 1-45-108(2), C.R.S.

7.2.2 A political organization that receives no contributions and spends less than $20 during a reporting period is not required to file a disclosure report for that reporting period. [Section 1-45-108.5(1)(b), C.R.S.] 7.2.3 A political organization must file all disclosure reports required by section 1-45-108.5, C.R.S., with the appropriate filing officer. For the purposes of this rule, the appropriate filing officer is the same for political organizations as for political committees. Rule 8. Registering a Committee 8.1 The committee registration must include the purpose or nature of interest of the committee or party.

8.1.1 A candidate committee must identify the name of the candidate and the public office sought.

8.1.2 A political committee, independent expenditure committee, small donor committee, or political organization must identify the types of candidates it supports or opposes, including party affiliation and, as applicable, office(s) sought or public policy position(s).

8.1.3 An issue committee or small-scale issue committee must identify the ballot measure it will support or oppose, if known. If particular ballot measures are not known, the issue committee or small-scale issue committee must identify the policy position it will support or oppose.

Rule 9. Registered Agents 9.1 The registered agent or a designated filing agent for any committee must sign the committee’s registration form and all disclosure reports. For registration forms and reports filed by a candidate or candidate committee, the candidate must sign. [Sections 1-45-108(3), (5), and (6), C.R.S.]

9.2 Resignation of the registered agent

9.2.1 A committee may assign a new registered agent by filing an amended committee registration. For a candidate committee, upon resignation of the registered agent the candidate becomes the registered agent until a new agent is assigned. For all other committees, the registered agent’s name remains on file until the committee assigns a new registered agent.

9.2.2 A committee must file an amended committee registration form within ten days after the resignation of a registered agent or the appointment of a new registered agent. A committee must have an active registered agent at all times. [Section 1-45-108(3)(b), C.R.S.; Rule 12.1] Rule 10. Managing Contributions and Expenditures

10.1 Unexpended campaign contributions.

10.1.1 For purposes of section 1-45-106(1), C.R.S., contributions to a candidate committee become unexpended campaign contributions at the earliest of the following:

1. (a) The end of the election cycle; or (b) When the candidate withdraws from the political race and intends to terminate his or her candidate committee.

10.1.2 For purposes of section 1-45-106(3), C.R.S., contributions to an issue committee become unexpended contributions at the end of the election cycle in which the committee supported or opposed a ballot measure, or one that attempted access to the ballot. Funds do not become unexpended contributions if the issue committee supports or opposes, or intends to support or oppose, another ballot measure or measures.

10.1.3 Unexpended contributions may not be used for personal purposes.

10.2 Except for independent expenditure committees and small-scale issue committees, committees must report contributions as follows:

10.2.1 Committees must individually list all contributions of $20 or more received during a reporting period, including names and addresses of the contributors. If a contributor gives $20 or more in the aggregate during the reporting period, the committee must individually list the contributor on the report, regardless of the amount of each contribution. [Section 1-45-108(1), C.R.S.] 10.2.2 A committee may report all other receipts and contributions less than $20 in total as non- itemized contributions for the reporting period, except for contributions from an LLC. A committee must itemize all contributions from an LLC, regardless of amount. [Section 1- 45-103.7(5)(d), C.R.S.]

10.2.3 Disclosure of occupation and employer

1. (a) The requirement to disclose the occupation and employer of a contributor in Colo. Const. Article XXVIII, Section 7 and section 1-45-108, C.R.S., applies to any one-time contribution of $100 or more, and not to aggregate contributions totaling $100 or more.
2. (b) Except for a committee exercising its right to cure under section 1-45-109(4)(c), if a committee does not report occupation and employer information for a contribution of $100 or more, and the committee is unable to gather the information within 30 days after receipt of the contribution, the committee must return the contribution to the contributor no later than the 31st day after receipt. [Colo. Const. Article XXVIII, Section 7]

10.3 Except for independent expenditure committees and small-scale issue committees, committees must report expenditures as follows:

10.3.1 A committee must list all expenditures of $20 or more during a reporting period, including the name and address of payees. The committee may report any disbursement not defined as an expenditure to the appropriate officer.

10.3.2 A committee must list individual expenditures in amounts less than $20 that aggregate to total $20 or more to the same payee during the reporting period.

10.3.3 A committee may report all other expenditures less than $20 during a reporting period in total as non-itemized expenditures.

[Section 1-45-108(1), C.R.S.] 10.4 A contribution or donation is received on the date that it is accepted by the committee.

10.4.1 A contribution or donation by check is accepted, at the latest, on the date that the contribution or donation is deposited into the committee account. If a committee receives a donation by check at least five business days before the end of a reporting period, the committee must deposit the check or return to the contributor before that reporting period closes.

10.4.2 A cash contribution or donation is accepted the date the cash is in the committee’s possession.

10.4.3 A contribution or donation made by credit card, PayPal, or other payment intermediary service is accepted on the date the contributor or donor authorizes the payment.

10.4.4 A non-monetary or in-kind contribution or donation is accepted on the date the committee takes possession of the item, or has the right to possess or use the item.

10.4.5 For purposes of section 1-45-105.5, C.R.S., concerning contributions by lobbyists to certain state officers and candidates when legislation is under consideration, a contribution is accepted when the pledge is made or possession of the check is transferred to any person not under the control of the issuer, whichever is sooner.

10.4.6 If a committee accepts a contribution or donation from a joint account and the contributor or donor is not specified, the committee may apportion the entire amount to the joint account who signed the check or determine how to apportion the contribution or donation between joint account holders. If the committee apportions a contribution or donation between joint account holders, the committee must notify each joint account holder of the apportionment.

10.5 A committee must maintain all financial records for 180 days after any general election cycle in which the committee received contributions. If a complaint is filed against the committee, the committee must maintain financial records until final disposition of the complaint and any consequent litigation. The committee must maintain LLC affirmations for one year after the end of the election cycle. [Colo. Const. Article XXVIII, Section 3(9)] 10.6 If a committee receives a contribution in excess of the contribution limit, the committee must return the excess to the contributor within ten days of receipt or within three days after receiving notification from the Secretary of State, whichever is sooner, and will not be held liable.

10.7 A committee may accept contributions in cryptocurrency, up to the acceptable limit for a cash or coin contribution. The amount of the contribution is the value of the cryptocurrency at the time of the contribution. The committee must report any gain or loss after the contribution as other income or receipts.

10.8 Contributions by anonymous contributor

10.8.1 A committee may not keep anonymous contributions of $20 or more.

10.8.2 Anonymous contributions are contributions where the identity of the contributor or other required reporting information is unknown.

10.8.3 A committee must donate an anonymous contribution of $20 or more to a charitable organization recognized by the Internal Revenue Service, or transmit the contribution to the State Treasurer within 30 days after receipt.

10.9 Reporting contributions and loans:

10.9.1 If a candidate does not accept voluntary spending limits, the candidate may make unlimited contributions from his or her personal funds to his or her candidate committee.

10.9.2 A candidate who accepts voluntary spending limits may make a loan to his or her candidate committee in any amount, so long as the unpaid balance of any loan does not exceed the contribution limit in Colo. Const. Article XXVIII, Sections 3 and 4(2) at any time.

10.10 If all candidates who declined voluntary spending limits have withdrawn from the race or lost in the primary election, a candidate who accepted voluntary spending limits may not continue to accept contributions double the standard limits.

10.11 Cost-sharing by candidates. Each candidate committee that shares the cost of brochures, office space, or other overhead must pay its proportionate share of the cost within 30 days of the expenditure. The reimbursing committee must report the payment as an expenditure and the reimbursed committee must report it as a returned expenditure. A committee need not report discounts resulting from shared expenses as contributions.

10.12 Reimbursement of expenditures – payments by credit card or payment intermediary service 10.12.1 A committee must report a reimbursement of $20 or more and include the purpose, payee, and amount of the reimbursement.

10.12.2 For the purpose of reporting, simply disclosing that a payment was made to a credit card company or a payment intermediary service such as PayPal is not adequate. The committee must itemize all payments of $20 or more made with a credit card or through a payment intermediary service, including the name and address of the original payee, amount, original date of expenditure, and purpose of the expenditure.

10.12.3 An immediate reimbursement for committee expenses is not a contribution. [Section 1-45-108(1)(e), C.R.S.]

10.13 Loans to a candidate committee

10.13.1 Financial institution loans to a candidate committee under Colo. Const. Article XXVIII, Section 3(8) may not be forgiven.

10.13.2 Candidate loans to his or her committee

1. (a) A candidate may make an interest-free loan to his or her candidate committee. Any foregone interest is not a contribution to the committee.
2. (b) A committee must report the interest repaid for a loan made under Colo. Const. Article XXVIII, Section 3(8) as an expenditure.
3. (c) A candidate may forgive a loan he or she loaned to his or her own committee. The amount of unpaid debt forgiven by the candidate remains a contribution and is not considered a returned contribution.

10.14 A committee may deposit committee money in more than one financial institution. [Colo. Const. Article XXVIII, Section 3(9)]

10.15 Other income

10.15.1 A committee may invest its funds in any type of account or instrument of a government regulated financial institution.

10.15.2 A committee must disclose all interest or dividends earned on its bank account, earned income from a commercially reasonable transaction, or transfers of money within a political party as other income on the committee’s reports. These other receipts are not subject to contribution limits.

10.16 Disclosure of contributions by limited liability companies (LLCs) [Section 1-45-103.7(5), (6), (7), and (8), C.R.S.] 10.16.1 The written affirmation provided by an LLC in accordance with section 1-45-103.7, C.R.S., must include the names and addresses of all LLC members and describe how the contribution is to be attributed to the LLC members.

10.16.2 The affirmation must include the occupation and employer of any member attributed with contributing $100 or more.

10.16.3 The affirmation provided by an LLC under section 1-45-103.7, C.R.S., must include the name and address of each LLC member, the amount attributed to each member, and, if more than $100 is attributed to a member, the occupation and employer of that member. When reporting the contribution, the committee must select the “LLC” contributor type and include the name and address of the LLC, the name and address of each member, and the amount attributed to each member. Attribution is determined by the pro-rata share of ownership.

10.16.4 A committee must return any contribution received from an LLC that does not comply with the affirmation requirements in section 1-45-103.7, C.R.S., and this rule to the contributor within 30 days.

10.16.5 A committee must itemize each contribution received from an LLC on disclosure reports, regardless of the dollar amount.

10.16.6 Any contribution from an LLC counts against contribution limits for both the individual members to whom the contribution is attributed and the LLC itself. [Colo. Const. Article XXVIII, Section 3(9)]. An LLC may not make a contribution that exceeds the limit for a “person” established in Colo. Const. Article XXVIII, Section 3, as adjusted by Rule 10, regardless of the amount attributed to each individual member.

10.17 Current adjusted limits

10.17.1 Adjusted limits made in the first quarter of 2015 and effective until the next adjustment is made in 2019:

1. (a) There is no adjustment to the contribution limits on individual donations to small donor committees outlined in Article XXVIII, Section 2(14).
2. (b) The aggregate limits on contributions from any person for a primary or a general election, described in Colo. Const. Article XXVIII, Section 3(1), are adjusted as follows:
   1. (1) $575 to any one:
      1. (A) Governor candidate committee for the primary election, and Governor and Governor and Lieutenant Governor candidate committee, as joint candidates under section 1-1-104, C.R.S., or any successor section, for the general election;
         1. (B) Secretary of State, State Treasurer, or Attorney General candidate committee.
   2. (2) There is no adjustment to the limits on contributions to any one State Senate, State House of Representatives, State Board of Education, Regent of the University of Colorado, or any District Attorney candidate committee.
3. (c) The aggregate limits on contributions from a small donor committee for a primary or a general election, described in Colo. Const. Article XXVIII, Section 3(2), are adjusted as follows:
   1. (1) $6,125 to any one:
      1. (A) Governor candidate committee for the primary election, and Governor and Lieutenant Governor candidate committee, as joint candidates under section 1-1-104, C.R.S., or any successor section, for the general election;
         1. (B) Secretary of State, State Treasurer, or Attorney General candidate committee; and
   2. (2) $2,425 to any one State Senate, State House of Representatives, State Board of Education, Regent of the University of Colorado, or any District Attorney candidate committee.
4. (d) The aggregate limits on contributions from any person to a political party, described in Colo. Const. Article XXVIII, Section 3(3)(a), are adjusted as follows:
   1. (1) $3,650 per year at the state, county, district, and local level combined; and (2) Of such, no more than $3,050 at the state level.
5. (e) The aggregate limits on contributions from a small donor committee to a political party, described in Colo. Const. Article XXVIII, Section 3(3)(b), are adjusted as follows:
   1. (1) $18,425 per year at the state, county, district, and local level combined; and (2) Of such, no more than $15,350 at the state level.
6. (f) The aggregate limits on pro-rata contributions or dues made to political committees, described in Colo. Const. Article XXVIII, Section 3(5), are adjusted to $575 per house of representatives election cycle.
7. (g) This table contains the contribution limits listed in subsections (a)-(g). Contributor:

Recipient Natural Person, Political Small donor Political Person other than a committee committee party natural person Political committee $575 per $575 per $575 per $575 per $575 per election election election election election cycle cycle cycle cycle cycle Small donor $50 per year Prohibited Prohibited Prohibited Prohibited committee Governor (governor $575 per $575 per $575 per $6,125 per $615,075 & lt. governor) election election election election per election cycle* cycle* cycle* cycle* cycle Secretary of state, $575 per $575 per $575 per $6,125 per $123,000 state treasurer, election election election election per election attorney general cycle* cycle* cycle* cycle* cycle State senate $200 per $200 per $200 per $2,425 per $22,125 per election election election election election cycle* cycle* cycle* cycle* cycle State house of $200 per $200 per $200 per $2,425 per $15,975 per representatives, election election election election election state board of cycle* cycle* cycle* cycle* cycle education, regent of the University of Colorado, district attorney Political party $3,650 $3,650 $3,650 $18,425 Transfers ($3,050 at ($3,050 at ($3,050 at ($15,350 at within a the state the state the state the state party may be level) per level) per level) per level) per made year year year year without limitation.

* A candidate may accept the contribution limit for both the primary election and the general election.

(h) The voluntary spending limits for a candidate described in Colo. Const. Article XXVIII, Section 4(1), are adjusted as follows:

1. (1) The spending limit for Governor, and Governor and Lieutenant Governor as joint candidates under section 1-1-104, C.R.S., or any successor section is adjusted to $3,075,450.
2. (2) The spending limit for a candidate for Secretary of State, Attorney General, or Treasurer is adjusted to $615,075.
3. (3) The spending limit for a candidate for State Senate is adjusted to $110,700.
4. (4) The spending limit for a candidate for State House of Representatives, State Board of Education, Regent of the University of Colorado, or any District Attorney is adjusted to $79,925.

Candidate Voluntary Spending Limit Governor, and Governor and Lieutenant Governor as joint $3,075,450 candidates Secretary of State, Attorney General, or State Treasurer $615,075 State Senate $110,700 State House of Representatives, State Board of Education, $79,925 Regent of the University of Colorado, or District Attorney

10.18 Major Contributor Reports.

10.18.1 Municipal committees required to file major contributor reports under section 1-45- 108(2.5), C.R.S. must file with the municipal clerk.

10.18.2 Small-scale issue committees are not required to file major contributor reports under section 1-45-108(2.5), C.R.S.

Rule 11. Electioneering Communications 11.1 As used in section 1-45-108(1)(a)(III), C.R.S., the term person includes a corporation or labor organization.

11.2 Any person who expends $1,000 or more per calendar year on electioneering communication or regular biennial school electioneering communication must include the method of communication on the electioneering report.

11.3 Persons making electioneering communications or regular biennial school electioneering communications must maintain all financial records for 180 days after the general election or regular biennial school election, as applicable. If a complaint is filed against the person making electioneering communications or regular biennial school electioneering communications, the person must maintain financial records until final disposition of the complaint and any resulting litigation.

11.4 Electioneering communication reports must include the name of the candidate(s) unambiguously referred to in the electioneering communication or regular biennial school electioneering communication. [Colo. Const. Article XXVIII, Section 2(7)(a)(I)] 11.5 A committee need not file electioneering communication reports separate from regularly filed disclosure reports if the expenditure or spending subject to Colo. Const. Article XXVIII, Section 6 and Rule 11.4 is identified as an electioneering communication or regular biennial school electioneering communication. The disclosure of electioneering communication expenditures or spending on a regularly filed report must include the name of the candidate(s) referred to in the communication.

Rule 12. Changing or Closing a Committee 12.1 A committee must report any change to its committee registration statement to the appropriate filing officer within ten days. [Section 1-45-108(3), C.R.S.] 12.2 A candidate seeking a different public office must terminate his or her existing candidate committee and register a new candidate committee within ten days. See Rule 2.2.

12.3 A committee may file a termination report terminating the committee if the following conditions are met:

12.3.1 The committee no longer intends to receive contributions or make expenditures; and 12.3.2 The committee’s TRACER account has a zero balance, indicating it has no cash or assets on hand and there are no outstanding debts, penalties, or obligations.

12.3.3 A committee may dispose of assets remaining in its possession before termination in the same manner as allowed for unexpended contributions.

12.4 Administrative committee terminations. The appropriate officer may terminate a standalone candidate or committee if the standalone candidate or committee fails to file any required reports for six consecutive reporting periods or 18 months, whichever is shorter, or files “zero” reports or reports with no activity for the same time period in accordance with the procedures set out in the State Administrative Procedure Act. [Colo. Const. Article XXVIII, Section 2(3), and section 24-4- 105, C.R.S.] 12.5 If the Secretary of State receives verifiable information in writing that the candidate is deceased, the Secretary of State may immediately terminate the candidate’s candidate committee in TRACER.

Rule 13. Corporations and Membership Organizations 13.1 A corporation or labor organization may establish a political committee, an independent expenditure committee, and a small donor committee. Each committee is subject to the applicable individual contribution and expenditure limits for that committee. A corporation or labor organization may pay for the costs of establishing, administering, and soliciting funds from its own employees or members. [Colo. Const. Article XXVIII, Sections 2(5)(b) and 2(14)(b)] 13.2 Transferring membership dues to a small donor committee, independent expenditure committee, and political committee.

13.2.1 A membership organization transferring a portion of a member’s dues to a small donor committee, independent expenditure committee, or political committee must provide the respective committee with the member’s name, address, amount of dues transferred, and the date of the dues transfer.

13.2.2 Each small donor committee, independent expenditure committee, and political committee must keep records of all contributions or donations received in the form of membership dues including the name, address, and amount of the dues transferred. [Section 1-45-108(1)(a)(I), C.R.S.] 13.2.3 Each small donor committee and political committee must itemize and report the name and address of each person contributing $20 or more in a reporting period, including but not limited to contributions in the form of membership dues transferred by a membership organization to the committee. [Colo. Const. Article XXVIII, Section 2(14)(a); section 1- 45-108(1)(a), C.R.S.] 13.2.4 On each disclosure report, the candidate or registered agent of a committee must certify and declare, under penalty of perjury, that to the best of his or her knowledge or belief all contributions or donations received in a reporting period, including contributions or donations received in the form of membership dues transferred by a membership organization, are from permissible sources. [Colo. Const. Article XXVIII, Section 3] Rule 14. Local Offices and Home Rule 14.1 The requirements of Colo. Const. Article XXVIII and of Article 45 of Title 1, C.R.S., do not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address any of the matters covered by Colo. Const. Article XXVIII or Article 45 of Title 1.

14.2 During the legislative session, a lobbyist may not contribute to a member of the General Assembly who is a candidate for any state or local office, including any office in a home rule municipality that has adopted charters, ordinances, or resolutions that address any of the matters covered by Colo. Const. Article XXVIII or Article 45 of Title 1.

14.3 A political party may establish a separate account for contributions and expenditures made by the party, for the purpose of supporting the party’s home rule county or municipal candidates. Contributions to and expenditures from such account do not count against party limits or reported under Colo. Const. Article XXVIII or Article 45 of Title 1, C.R.S. Rule 15. Recall Elections 15.1 The recall election cycle begins on the date the recall petition is approved for circulation by the designated election official and ends on the last day of the final reporting period following the date of the recall election as defined in Rule 15.2.2.

15.1.1 If a recall petition is determined to be insufficient, the recall election cycle ends 25 days after the time for protest and final disposition of any protest or appeal of such determination.

15.1.2 If a recall election is canceled for any other reason, the recall election cycle ends 25 days after the deadline for filing the recall election petition, or 25 days after the event that caused the designated election official to cancel the election, whichever is later.

15.1.3 If a recall election is canceled, all committees that were participating in the recall election except small-scale issue committees must file a report five days after the end of the recall election cycle. The reporting period begins on the first day following the last day of the reporting period for the previous report. If there was no previous report, the reporting period begins on the date the committee registered. The reporting period ends on the last day of the election cycle.

15.2 Except for issue committees and small-scale issue committees, committees participating in a recall election must file reports on the fifth day of every month until disclosure under section 1-45- 108(2.7), C.R.S. and Rule 15.5 begins.

15.2.1 The initial reporting period for committees formed for the purpose of the recall election begins on the date the committee registers with the appropriate filing office.

15.2.2 Subsequent reporting periods for a committee participating in the recall election begin on the first day of each month and end on the last day of that month, except that the final reporting period ends 25 days following the date the recall election was held.

15.2.3 All other committees whose original formation was not for the purpose of supporting or opposing a recall measure must notify the appropriate officer within ten days after deciding to support or oppose a recall or support or oppose a successor candidate. Once notified, the appropriate officer will place the committee on the recall filing calendar until the end of the recall election cycle.

15.3 The incumbent in a recall election is not a candidate for the successor election and may open an issue committee or small-scale issue committee to oppose the recall.

15.4 The aggregate contribution limits specified for a general election in Colo. Const. Article XXVIII, Section 3, as adjusted by these Rules, apply to the recall election with respect to each successor candidate.

15.5 A committee supporting or opposing a candidate in a recall election must file disclosure reports:

15.5.1 14 days before the recall election;

15.5.2 Seven days before the recall election; and

15.5.3 30 days after the recall election.

[Section 1-45-108 (2.7), C.R.S.] 15.6 Under Colo. Const. Article XXVIII, Section 2(3), a successor candidate must terminate any other active candidate committee for the candidate and open a new candidate committee for the purpose of running in the recall election. Transfer of funds from a previously active candidate committee are subject to Rule 2.2.4.

15.7 An issue committee remaining open at the end of the recall election cycle must file reports according to the infrequent filing schedule in Rule 17.2.3(b). Rule 16. Special Districts 16.1 A special district designated election official or director candidate must file a copy of the self- nomination and acceptance form described in Rule 16.2 with the Secretary of State no later than 60 days before the special district election. This rule does not apply if the special district cancels the election.

16.2 Self-nomination and acceptance forms and affidavits of intent to be a write-in candidate.

16.2.1 The self-nomination and acceptance form and letter, and affidavits of intent to be a write- in candidate must include the following information:

1. (a) The candidate’s full name;
2. (b) The name of the special district and the special district director office sought;
3. (c) The date of the election;
4. (d) The county in which the district court that authorized the creation of the special district is located;
5. (e) The candidate’s residence and mailing addresses;
6. (f) The candidate’s telephone number;
7. (g) The candidate’s email address;
8. (h) The date on which the form, letter, or affidavit was filed by the candidate;
9. (i) The candidate’s signature; and (j) The signature of a registered elector acting as a witness. [Sections 1-45-110, 1-13.5-303, C.R.S.]

16.3 If a candidate for a special district office fails to file a candidate affidavit, or the filed self- nomination and acceptance form or letter, or the affidavit of intent to be a write-in candidate does not contain the statement required by section 1-45-110(1), C.R.S., the Secretary of State will mail the special district a copy of the notification to the candidate regarding pending disqualification under section 1-45-110(3), C.R.S.

16.4 A special district candidate is not required to file disclosure reports if:

16.4.1 The special district candidate affidavit, the self-nomination and acceptance form or letter, or the affidavit of intent to be a write-in candidate contains a statement substantially stating, “I will not, in my campaign for this office, receive contributions or make expenditures exceeding $200 in the aggregate during the election cycle, however, if I do so, I will thereafter register and file all disclosure reports required under the Fair Campaign Practices Act;” and 16.4.2 The candidate does not accept contributions or make expenditures exceeding $200 in the aggregate during the election cycle.

[Colo. Const. Article XXVIII, Section 2(2) and section 1-45-108(1), C.R.S.] Rule 17. Filing Calendars and Reporting periods 17.1 A committee other than a political organization or small-scale issue committee must file a disclosure report for every reporting period, even if the committee has no activity to report during the reporting period.

17.2 Filing schedules.

17.2.1 A candidate committee files on:

1. (a) A frequent filing schedule during the year in which the office to which candidate seeks to be elected is up for election.
2. (b) An infrequent filing schedule during any year in which the office to which candidate seeks to be elected is not up for election.
3. (c) For purposes of this rule, the office to which the candidate seeks to be elected is the office named in the candidate’s most recent candidate affidavit.

17.2.2 A political committee, small donor committee, political party, independent expenditure committee, or political organization files on:

1. (a) A frequent filing schedule during any year in which a general election occurs and, if participating in a regular biennial school election, in any year in which a biennial school election occurs.
2. (b) An infrequent filing schedule during any year in which no general election occurs, except if the committee is participating in a regular biennial school election.

17.2.3 An issue committee files on:

1. (a) A frequent filing schedule during any year in which an issue that the committee supports or opposes appears on, or seeks access to, the ballot.
2. (b) An infrequent filing schedule during any year in which the committee does not support or oppose any issues appearing on, or which seek access to, any ballot.

17.2.4 An issue committee must notify the Secretary of State within ten days after deciding that it will support or oppose a ballot measure on an upcoming ballot.

1. (a) Once an issue committee notifies the Secretary of State of its active status under this Rule, the Secretary will place the committee on a frequent filing schedule.
2. (b) Once an issue committee has declared its committee filing status as frequent or infrequent in a particular year, the committee must follow the appropriate filing schedule for the remainder of that election cycle, except that an inactive committee may change its status to active at any time.

17.3 Report periods

17.3.1 The reporting period for any report begins on the first day following the last day of the reporting period for the previous report. The reporting period for any report, except a quarterly report or post-election report, closes five calendar days before the date that the report is due.

17.3.2 Quarterly reporting periods close on the last day of the month. The report is due on or before April 15th, July 15th, October 15th, and January 15th following each calendar quarter. If the filing deadline falls on a Saturday, Sunday, or legal holiday, the filing deadline is the next business day. [Section 1-45-108(2)(a), C.R.S.] 17.3.3 Monthly reports are due on the first calendar day of the following month. If the filing deadline falls on a Saturday, Sunday, or legal holiday, the filing deadline is the next business day. When the filing deadline for a monthly report approximates the filing deadline for a biweekly report, no separate monthly report must be filed, and the biweekly report serves as the monthly report. [Section 1-45-108(2)(a) and (c), C.R.S.] 17.3.4 Except in the case of a recall election, the post-election reporting period closes on the last day of the calendar month in which the election was held. The report is due on the 30th day following the election. If the filing deadline falls on a Saturday, Sunday, or legal holiday, the filing deadline is the next business day. [Section 1-45-108(2)(a), C.R.S.]

17.4 Special district reporting.

17.4.1 Reports relating to special district elections are due:

1. (a) On the 21st day before;
2. (b) On the Friday before; and (c) On the 30th day after the date of the regular election. [Section 1-45-109(1)(a)(II) and (1)(c), C.R.S.]

17.5 Reports for former officeholders, persons not elected to office, and term-limited office holders

17.5.1 Annual reporting

1. (a) A candidate committee for a candidate not elected to office, who was formerly in office, or who is term-limited may submit a written request to file only an annual report for each calendar year.
   1. (1) Statewide candidate committees must file an annual report not later than January 15th of the following year.
   2. (2) All other candidate committees must file an annual report on the first day of the month in which the anniversary of the major election occurs, in accordance with section 1-45-108(2)(a)(II), C.R.S.
2. (b) A change in the balance of funds resulting solely from the accrual of interest or dividends to the account and/or the automatic deduction of periodic service fees does not subject a candidate committee to the reporting requirements of section 1-45-108, C.R.S. At a minimum, a candidate committee must file an annual report as set forth in subsection (a) of this Rule.
   1. [Sections 1-45-108(2)(c) and (2)(d), C.R.S.]

17.5.2 The exemption in section 1-45-108(2)(d), C.R.S., applies only to reports where the entire reporting period occurs after the election in which the candidate’s name appeared on the ballot.

17.6 The following must file with the municipal clerk: A candidate in a municipal election, a candidate committee, a political committee supporting or opposing a municipal candidate, an issue committee or small-scale issue committee supporting or opposing a municipal ballot issue or ballot question, an independent expenditure committee supporting or opposing a municipal candidate, and a small donor committee making contributions to a municipal candidate. [Section 1-45-109(1)(b), C.R.S.] Rule 18. Penalties, Violations, and Complaints

18.1 Requests for waiver or reduction of campaign finance penalties

18.1.1 A request for waiver or reduction of campaign finance penalties imposed under Colo. Const. Article XXVIII, Section 10(2) must state the reason for the delinquency.

1. (a) The filer should provide an explanation that includes all relevant factors relating to the delinquency and any mitigating circumstances, including measures taken to avoid future delinquencies.
2. (b) Before the appropriate officer will consider a request, the report must be filed, and a request including the required information must be submitted.
3. (c) The Secretary of State will not consider a waiver request after a penalty has been paid.

18.1.2 Requests for waiver or reduction of campaign finance penalties imposed under Colo. Const. Article XXVIII, Sections 9(2) or 10(2) must be considered by the appropriate officer and Administrative Law Judges according to the following rules: Scenario - applied in numerical order (i.e. if #1 Result doesn't apply, move to #2)

#1 A waiver is requested and establishes good Waive penalty in full. A waiver will be granted cause that made timely filing impracticable without consideration of previous (For example, was in the hospital, got in a car delinquencies. accident, was stranded by a blizzard, etc.).

The event or events that made timely filing impracticable must occur within a reasonable time of the date on which the report was filed.

#2 A waiver is requested but does not present circumstances that made timely filing impracticable (For example, forgot, was out of town, electronic calendar crashed), and:

(a) Filer had contributions and/or expenditures First delinquency in 24 months: The penalty during the reporting period. The penalty will be reduced to $50. imposed is $100 or more. Second delinquency in 24 months: The penalty will be reduced by 50%.

1. Third (or subsequent) delinquency in 24 months: A reduction in penalty will not be granted.
   1. Penalties imposed under this Section are capped at the higher of the contributions or expenditures made during the reporting period. If a delinquency is found to be willful, the penalty cap may be increased to two to five times the higher of the contributions or expenditures made during the reporting period.
      1. For purposes of this analysis, previous delinquencies exclude those for which a waiver under scenario #1 was granted.

(b) Filer has no activity (contributions OR The penalty will be reduced to $50. expenditures) during the reporting period and the committee balance is zero. The penalty imposed is $100 or more.

(c) Filer has a fund balance greater than zero First delinquency in 24 months: The penalty and filer has no activity (contributions OR will be reduced to $50. expenditures) during the reporting period. The Second delinquency in 24 months: The penalty imposed is $100 or more. penalty will be reduced by 50%, subject to a cap of 10% of the fund balance (but not less than $100).

1. Third (or subsequent) delinquency in 24 months: The penalty is capped at 10% of the fund balance, and a minimum penalty of $100 will be imposed.
   1. If a delinquency is found to be willful, the penalty cap may be increased to 20% to 50% of the fund balance.
      1. For purposes of this analysis, previous delinquencies exclude those for which a waiver under scenario #1 was granted.

(d) Filer seeks to terminate active status, has a Penalties are subject to a cap equal to the fund balance of $1,000 or less, and has no total amount of the filer’s fund balance as of activity (contributions OR expenditures) during the date on which the delinquent report was the reporting period(s) in question. filed, if the committee is promptly terminated. #3 A waiver is requested, but submitted more than A request will not be considered unless good 30 days after the date of penalty imposition. cause has been shown for failure to meet the For purposes of this analysis, a filer has 30 30-day waiver filing requirement. days after the date on which the final notice of penalty imposition is issued following the filing of the delinquent report. Until an outstanding report is filed, penalties continue to accrue at a rate of $50 per day and no request for waiver will be considered.

18.1.3 The appropriate officer or Administrative Law Judge may consider any additional factors that establish good cause or may otherwise be relevant to the request for waiver or reduction of campaign finance penalties. In considering a request, the appropriate officer or Administrative Law Judge may request additional information, including but not limited to financial or other records maintained by the filer.

18.1.4 Filers may request that the appropriate officer reconsider a request for waiver or reduction of campaign finance penalties. A filer must submit, in writing any request for reconsideration within 30 days of the date on which the waiver decision was mailed. The filer must present additional material facts that are significantly different than those presented in the original request for reduction or waiver.

18.1.5 The appropriate officer will respond to requests for waiver or reduction of campaign finance penalties within 60 days. Failure to respond within 60 days, however, will not constitute an approval of the request.

18.1.6 When reduced, penalties are rounded to the highest $25. The appropriate officer will not reduce a penalty to an amount less than $25, unless a full waiver has been granted.

18.1.7 When applying Rule 18.1.2(2)(d), all outstanding penalties must be considered.

18.2 Complaints.

18.2.1 Any person who believes that a violation of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, or the Secretary of State’s rules concerning campaign and political finance has occurred may file a complaint with the Secretary of State.

18.2.2 Complaints must be filed no later than 90 days after the complainant knew or should have known by the exercise of reasonable diligence of the alleged violation.

18.2.3 Complaints must be filed in writing and signed by the complainant on the form provided by the Secretary of State. The complaint must identify the respondent or respondents and the complainant must provide the information required on the form.

18.2.4 Upon receipt of a complaint, the Secretary of State’s elections division must notify the respondent of the complaint by email, or by mail if email is unavailable.

18.2.5 Complaints made against any candidate for Secretary of State will be forwarded to the attorney general’s office for review in accordance with this Rule 18.2.

18.2.6 Initial review

1. (a) The elections division will review the complaint to determine:
   1. (1) Whether the complaint was timely filed under Rule 18.2.2, (2) Whether the complainant has specifically identified one or more violations of Colorado Constitution Article XXVIII, the Fair Campaign Practices Act, or the Secretary of State’s rules concerning campaign and political finance, and (3) Whether the complainant has alleged sufficient facts to support a legal and factual basis for the complaint.
2. (b) Within 10 business days of receiving the complaint, the elections division must take one or more of the following actions:
   1. (1) If the elections division determines that the complaint was not timely filed, has not specifically identified one or more violations, or that the complainant did not assert facts sufficient to support the alleged violations, the elections division will dismiss the complaint and notify the complainant and respondent of the reasons for dismissal. The dismissal is a final agency action, and subject to review under section 24-4-106, C.R.S.
   2. (2) If the elections division determines that the complaint alleges one or more curable violations as described in Rule 18.2.7, the elections division will notify the respondent and provide an opportunity to cure.
   3. (3) If the elections division determines that the complaint alleges one or more violations that require a factual finding or legal interpretation, the elections division will conduct additional review under Rule 18.2.8 to determine whether to file a complaint with a hearing officer.

18.2.7 Curing violations

1. (a) Upon the election division’s determination that a complaint alleges a failure to file or otherwise disclose required information, or other curable violation, the elections division will notify the respondent by email, or by mail if email is unavailable, of the curable deficiencies alleged in the complaint.
2. (b) The respondent has 10 business days from the date the notice is mailed to file an amendment to the relevant report or reports that cures any deficiencies specified in the notice.
3. (c) The respondent must provide the elections division with notice of its intent to cure on the form provided by the Secretary of State and include a copy of any amendments.
4. (d) The elections division may ask the respondent to provide additional information, and may grant an extension of time to file a notice of intent to cure in order to respond to such a request.
5. (e) After the period for cure, the elections division will determine whether the respondent cured the violations, and if so, whether the respondent substantially complied or acted in good faith under Rules 18.2.7(f) and 18.2.7(g).
   1. (1) If the elections division determines that the respondent substantially complied or acted in good faith, the elections division will dismiss the complaint.
   2. (2) If the elections division determines that the respondent neither substantially complied nor acted in good faith, the elections division will conduct additional review under Rule 18.2.6 to determine whether to file the complaint with a hearing officer.
   3. (3) The election division’s determination under this subsection is a final agency action, subject to review under section 24-4-106, C.R.S.
6. (f) In determining whether an entity substantially complied as that term is used in Rule 18.2.7, the elections division must consider:
   1. (1) The extent of the respondent’s noncompliance;
   2. (2) The purpose of the provision violated and whether that purpose was substantially achieved despite the noncompliance; and (3) Whether the noncompliance can properly be viewed as an intentional attempt to mislead the electorate or election officials.
7. (g) In determining whether an entity registered or disclosed in “Good faith” as that term is used in Rule 18.2.7, the elections division may consider whether ten percent or less of either the entity’s disclosures or, alternatively, the reported dollar amounts required on the report or appearing on the filed reports at issue in the complaint are out of compliance.
8. (h) If the elections division determines that respondent failed to cure any alleged deficiency, the elections division will conduct additional review under Rule 18.2.8 to determine whether to file the complaint with a hearing officer.

18.2.8 Investigation and enforcement

1. (a) The elections division must investigate each unresolved or uncured complaint to determine whether to file a complaint with the hearing officer described in Rule 18.2.9(b).
   1. (1) If the elections division determines that it will not file a complaint with a hearing officer because there is not sufficient information to support the allegations or for any other reason, it must dismiss the complaint within 30 days of the election division’s initial determination under Rule 18.2.6(b).
   2. (2) If the elections division files a complaint with a hearing officer, it must send notice, including a copy of the filing, by certified mail, return receipt requested, to the complainant and the respondent within one business day of referral.
2. (b) If the elections division files a complaint with a hearing officer under this rule, it is responsible for conducting such discovery as may be necessary for effectively prosecuting the complaint, supplementing or amending the complaint with such additional or alternate allegations as may be justified by the evidence, amending the complaint to strike allegations that are not justified by the evidence, and in all other respects, prosecuting the complaint.
3. (c) The complainant or any other non-respondent is not a party to the review, except that a complainant may seek permission from the hearing officer to file written legal arguments or factual documentation, or both, as a friend-of-the-court. A person’s status as a complainant is not sufficient to establish that he or she may be affected or aggrieved by the Secretary’s action on the complaint. A complainant may also seek review of a final agency action under Rules 18.2.6(b)(1) and 18.2.9(c) under section 24-4-106, C.R.S.
4. (d) If the election division fails to file a complaint with the hearing officer within 30 days as outlined in Rule 18.2.8(a)(1), the complaint is deemed dismissed under Rule 18.2.6(b)(1).

18.2.9 Hearings

1. (a) The hearing officer must be an individual authorized under section 24-4-105(3), C.R.S.
2. (b) Hearings conducted by a hearing officer under Rule 18.2 must be in accordance with the provisions of section 24-4-105, C.R.S., except that a hearing officer must hold a hearing within 15 business days of the filing of the complaint, and must make a determination within 15 days of the hearing. The respondent must be granted an extension of up to 30 days upon respondent’s motion, or longer upon a showing of good cause.
3. (c) Determinations made by the hearing officer must be made under section 24-4- 105, C.R.S., and are subject to review under section 24-4-106, C.R.S.

18.2.10 Any person seeking guidance on the application of Article XXVIII of the Colorado Constitution, the Fair Campaign Practices Act, or the Secretary of State’s rules concerning campaign and political finance may request that the Secretary of State issue an advisory opinion regarding their specific activities.

1. (a) The Secretary of State will determine, at his or her discretion, whether to issue an advisory opinion. In making the determination, the Secretary will consider:
   1. (1) Whether the advisory opinion will terminate a controversy or remove uncertainties as to the application of the requestor of any law;
   2. (2) Whether the request involves a subject, question, or issue that concerns a formal or informal matter or investigation currently pending before the Secretary of State or a court; and (3) Whether the request seeks a ruling on a moot or hypothetical question.
2. (b) A person may rely on the Secretary of State’s advisory opinion as an affirmative defense to any complaint filed under this Rule.

18.2.11 The elections division will make documents related to a complaint publicly available as follows:

1. (a) The original complaint, notice of initial review, final agency decision, and any complaint filed by the elections division with a hearing officer will be publicly available at the time the elections division provides the document to the respondent.
2. (b) Any additional documentation related to the complaint, including a notice of intent to cure and supporting evidence, or documents related to the elections division’s investigation, will be publicly available at the time the elections division issues a final agency decision or files a complaint with a hearing officer.
3. (c) The elections division may redact any document related to a complaint if it is necessary to protect any person’s private or confidential information.

18.2.12 The Office of Administrative Courts must remand back to the Secretary of State all pending complaints that were filed with the Secretary of State before June 19, 2018. Those complaints may be re-filed under this Rule 18.2 within 180 days of remand, even if the alleged violations fall outside the period for filing set forth in Rule 18.2.2.

18.3 The Secretary of State may send to the state Controller for collection any outstanding debt resulting from a campaign finance penalty that the Secretary deems collectible.

18.4 Complaints concerning municipal campaign finance matters must be filed with the municipal clerk.

Rule 19. Electronic Filing 19.1 All disclosure reports filed with the Secretary of State under Colo. Const. Article XXVIII and Article 45 of Title 1, C.R.S., must be filed electronically on the Secretary of State’s Tracer system, except as provided in Rule 19.2. Paper reports will not be accepted. This rule does not apply to personal financial disclosure reports required by section 1-45-110, C.R.S.

19.2 In accordance with section 24-21-111, C.R.S., reports are not required to be filed electronically in either of the following circumstances:

19.2.1 The Secretary of State has granted an exception to the electronic filing requirement after written application based on hardship or other good cause shown.

1. (a) All applications for an exception must include a brief statement of the hardship or good cause. The Secretary of State must receive the application at least 15 calendar days before the applicable filing deadline, unless the exception is based on emergency circumstance. For applications made under emergency circumstances after the deadline, the nature of the emergency must be described in the application.
2. (b) The filing of an application for exception based on emergency circumstances does not delay any reporting deadlines. If a penalty is imposed for failure to file a report on the date due, the penalty may be set aside or reduced in accordance with Colo. Const. Article XXVIII, Section 10(2).
3. (c) The Secretary of State will review and respond in writing to all applications for an exception within three business days.

19.2.2 The report is filed using the Secretary of State’s Electronic Data Interface (EDI) upon approval of the Secretary of State.

19.3 For the purpose of section 1-45-109(2)(a), C.R.S., “close of business” for electronic filing means 11:59 p.m. MT.

19.4 If the electronic filing system is unavailable for a total of more than one hour on the due date for filing a report, the Secretary of State may extend the due date for an additional day. [Sections 1- 45-108(2.3) and 1-45-109(6), C.R.S.] Rule 20. Redaction of Sensitive Information 20.1 Any person who believes their safety or the safety of an immediate family member may be in jeopardy as a result of information disclosed on any campaign finance registration or report, personal financial disclosure, or gift and honoraria report filed with the Secretary of State, may apply to the Secretary of State to redact sensitive personal information from the online versions of such report(s).

20.1.1 The Secretary of State, upon a finding of good cause, may redact the minimum amount of sensitive information necessary to protect the safety of such person or his or her immediate family.

20.1.2 If the Secretary of State redacts sensitive information disclosed on a campaign finance report, the original unredacted report remains a public record under Article 72 of Title 24 C.R.S.

20.2 Applications for redaction of sensitive information must be submitted in writing and include the requestor’s name, the identified entry(s) of concern, a justification for the application, and the committee to whom the contribution(s) was made or expenditure(s) received.

20.3 Applications for redaction of sensitive personal information are not subject to disclosure under the Colorado Open Records Act. [Section 24-72-201 et. seq., C.R.S.] Rule 21. Coordination 21.1 “Coordination”. Expenditures or spending are coordinated with a candidate committee or political party if:

21.1.1 A person makes an expenditure or engages in spending at the request, suggestion, or direction of, in consultation with, or under the control of that candidate committee or political party; or 21.1.2 An independent expenditure or electioneering communication is created, produced, or distributed:

1. (a) After one or more substantial discussion(s) between the candidate or political party and the person making the expenditure or engaging in the spending,
   1. (1) In which the person making the expenditure or engaging in the spending received non-public information about the candidate or political party's plans, projects, activities, or needs; and (2) The information is material to the creation, production, or dissemination of an independent expenditure or electioneering communication; or
2. (b) By a common consultant who provides, or has provided during the election cycle, professional services to the candidate committee or political party as well as to the person making the expenditure or engaging in the spending; and
   1. (1) In which the person making the expenditure or engaging in the spending received non-public information about the candidate or political party's plans, projects, activities, or needs; and (2) The information is material to the creation, production, or dissemination of an independent expenditure or electioneering communication.

21.1.3 This rule does not apply to an attorney, accountant, bookkeeper, or registered agent who provides services within the scope of his or her profession.

21.1.4 If a candidate committee or political party and the person making the expenditure or engaging in spending use a common consultant, an independent expenditure or electioneering communication is not coordinated if the consultant places effective barriers (i.e., “firewalls”) to the transmission of non-public information between:

1. (a) The candidate committee or political party; and (b) The person making an independent expenditure or engaging in spending. Physical or technological barriers include appropriate security measures, and must be set forth in a written policy that is distributed to all affected agents, employees, board members, directors, officers, and consultants. A firewall is not effective if non-public material information is nonetheless directly or indirectly transmitted to the person making an expenditure or engaging in spending.

21.1.5 For purposes of this Rule:

1. (a) Candidate committee or political party includes any agent, employee, board member, director, or officer of that candidate committee or political party.
2. (b) The person making the expenditure or engaging in the spending includes any agent, employee, board member, director, or officer of the person making the expenditure or engaging in the spending.

_________________________________________________________________________ Editor’s Notes History Rules 1.4, 1.6-1.15, 2.2, 2.5, 2.8, 2.10-2.11, 3.10, 4.7-4.23, 5.6, 5.10-5.12, 6.4, 8.1, 8.4, 9.4, 11.1, 11.3,

11.4 eff. 11/30/2007.

Rules 1.1, 2.4, 2.8, 2.11, 3.10, 4.2, 4.20, 9.2, 9.5 eff. 01/30/2008. Rule 4.21.3.1 emer. rule eff. 07/28/2008; expired 10/28/2008. Rules 4.21, 6.4, 10, 13 eff. 09/01/2008.

Rule 4.21.3-4.21.3.1 eff. 10/30/2008.

Rules 1.6, 1.14, 2.1, 2.3, 2.4, 2.5, 3.4, 3.7, 4.3, 4.5, 4.8, 4.11, 4.24, 6.1, 10.2, 10.5, 11.2, 11.5, 14 eff. 11/30/2009.

Rules 2.10, 2.11, 5.7 through 5.11, 8.1, 8.2, 8.3 eff. 01/01/2010. Rules 4.3, 4.25, 5.6, 5.10, 10.1, 14.2 eff. 03/30/2010. Rules 4.2, 5.5, 10.5, 11.4 repealed eff. 03/30/2010.

Rules 4.26, 9.6, 14.3, 14.4 emer. rules eff. 04/02/2010; rules 4.12, 4.22 emer. rules repealed eff. 04/02/2010.

Rules 4.26, 9.6, 14.3, 14.4 eff. 06/30/2012; rules 4.12, 4.22 repealed eff. 06/30/2010. Rules 1.5, 1.13, 1.16, 2.1, 2.3, 2.4, 2.6, 2.9, 3, 3.9, 4.3, 4.4, 4.14, 4.16, 4.19, 4.20, 5.6, 14.5, 14.6, 14.7 eff. 10/30/2012; rules 14.1, 14.2, 14.3, 14.4 repealed eff. 10/30/2010. Rules 6.3, 8.1, 12, 13 emer. rules eff. 03/15/2011.

Rules 6.3, 8.1, 12, 13 eff. 04/14/2011.

Rule 15 eff. 06/14/2011.

Rule 5.13 emer. rule eff. 06/29/2011.

Rule 4.27 eff. 06/30/2011.

Rule 5.13 eff. 08/14/2011.

Rule 5.14 eff. 01/30/2012; rule 5.13 repealed eff. 01/30/2012. Entire rule emer. rule eff. 03/07/2012.

Entire rule eff. 04/12/2012.

Rules 6.3, 15.6 annotation emer. rules eff. 5/23/2012; rule 6.1.1 emer. rule repealed eff. 05/23/2012; 15.6 annotation expired 09/20/2012.

Rules 3.1, 7.1.1(e) emer. rules eff. 08/07/2012.

Rules 4.3, 5.1.2, 6, 16.6, 17.2.4 emer. rules eff. 08/15/2012. Rules 4.3, 5.1.2, 6, 16.6, 17.2.4 eff. 09/30/2012.

Rules 3.1, 7.1.1(e) eff. 11/30/2012.

Entire rule eff. 07/30/2015.

Rules 2.3, 9.1, 10.8.1 emer. rules eff. 09/15/2015. Rule 2.3.2 emer. rule repealed eff. 09/15/2015. Rules 2.3, 9.1, 10.8.1 eff. 12/15/2015. Rule 2.3.2 repealed eff. 12/15/2015. Rules 1.3, 1.7, 2.2.4(b), 2.4.4, 3.1, 4, 8.1.3, 9.2.1, 9.3, 10.2, 10.3, 10.7.2, 10.14.2, 10.17, 11.2-11.5, 15.1- 15.4, 17.1, 17.2.2, 17.6, 18.1.1(c), 18.2, 18.3, 20.1, 21.1.2(a) eff. 09/30/2016. Rules 1.6, 1.7, 1.13, 1.19, 1.21, 2.2.4(c)(3), 2.4.5, 2.5, 3.3, 4.4.3, 4.5, 4.6, 10.1.3, 10.2.3(b), 10.4.6, 10.11.3, 12.4, 18.2, 18.4 emer. rules eff. 08/10/2017; expired 12/08/2017. Rules 1.6, 1.7, 1.13, 1.19, 1.21, 2.2.4(c)(3), 2.4.5, 2.5, 3.3, 3.4, 4.4.3, 4.5, 4.6, 10.1.3, 10.2.3(b), 10.4.6, 10.11.3, 12.4, 12.5, 18.2, 18.4 eff. 12/15/2017.

Rule 18.2.4 emer. rule eff. 01/05/2018.

Rule 18.2.4 emer. rule eff. 05/04/2018.

Rule 18.2 emer. rule eff. 06/19/2018.

Rules 1.4, 1.6.1, 1.7, 1.8.1, 1.17, 1.18-1.21, 2.2.2-2.2.4, 2.4.3, 4.6, 6.2.2, 10.3, 10.7-10.18, 17.5, 18.1.1, 18.1.4-18.1.7, 18.3, 18.4 eff. 08/30/2018. Rules 4.5, 14.4, 18.1.4 repealed eff. 08/30/2018. Rule 18.2 emer. rule eff. 10/11/2018.

Rule 18.2 eff. 11/30/2018.

Rule 2.2.4 emer. rule eff. 12/03/2018.

Rule 2.2.4 eff. 01/30/2019.