Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0463.01 Bob Lackner x4350 HOUSE BILL 12-1279 HOUSE SPONSORSHIP Lee, Court, Kefalas SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the public financing of elections to the general assembly. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates a system of public financing of political campaigns for candidates running for a seat in the general assembly. The system is to be administered and enforced by the Colorado citizen-funded campaigns commission (commission). Moneys for campaigns are to be paid from the newly created Colorado citizen-funded campaigns fund (fund) to qualifying candidates who satisfy certain requirements. The bill has the following additional components: Eligibility for obtaining moneys from the fund. A candidate for the general assembly qualifies as a participating candidate for any given primary or general election campaign if the candidate, among other things, collects at least the following number of contributions in the amount of $5: 300 qualifying contributions for a candidate running for the Colorado state senate. 150 qualifying contributions for a candidate running for the Colorado state house of representatives. Each qualifying contribution must be from a registered elector residing in the candidate's senate or house district, as applicable. During the exploratory period, which is the period beginning on the day following a general election and ending on the last day of the qualifying period, and the qualifying period, which is a period that begins and ends a certain number of days before the primary election, a candidate who elects to participate in the public financing system is prohibited from accepting contributions to his or her candidate committee or making expenditures from any source other than seed money contributions and qualifying contributions. A seed money contribution is a contribution of no more than $100 made by a person to a candidate during the exploratory period. Contributions and expenditures. During a primary and general election campaign, a participating candidate who has voluntarily agreed to be bound by the requirements of the bill and is eligible for moneys from the fund may neither accept private contributions from any source other than the fund nor solicit, accept, or receive contributions for any other candidate for elective office in the state or for any political party or political committee. No person may make a contribution in the name of another person. A participating candidate is required to pay for all the candidate's respective campaign expenditures by means specified by the commission by rule. A participating candidate is required to furnish to the commission at regular filing times, or in response to a reasonable request made by the commission or its staff, complete records maintained by the candidate in connection with the requirements of the bill. Permitted expenditure of moneys from the fund. A participating candidate is required to expend any moneys received from the fund only for purposes directly involved in supporting his or her candidacy for office. The bill provides examples of authorized expenditures. A candidate is permitted to seek an advisory opinion from the commission on whether a particular contemplated expenditure is permitted. Use of personal funds and contributions from family members. Personal money contributed as seed money by a candidate seeking to become a participating candidate or personal money contributed by a member of the candidate's immediate family may not exceed $100 per contributor. Personal money of a candidate seeking to become a participating candidate may not be used to meet requirements of the bill pertaining to a qualifying candidate with the exception of one $5 contribution from the participating candidate and one $5 contribution from the candidate's spouse. Seed money. The only private contributions a candidate seeking to become eligible for moneys from the fund may accept are seed money contributions that are made by persons during the qualifying period. A seed money contribution may not exceed $100 per donor, and the aggregate amount of seed money contributions accepted by the candidate seeking to become eligible for Colorado citizen-funded campaigns money may not exceed: $5,000 for a candidate running for the state senate. $2,500 for a candidate running for the state house of representatives. A candidate may only expend moneys from seed money contributions during the exploratory and qualifying periods. Within 30 days after the close of the qualifying period, candidates seeking to become eligible for moneys from the fund are required to: Fully disclose all seed money contributions and expenditures to the commission; Turn over to the commission for deposit into the fund any seed money contributions raised during the exploratory period that exceed the aggregate seed money contributions limit and any seed money contributions that are unexpended as of the end of the exploratory period. Participation in public debates. A participating candidate in a contested election is required to participate in at least one hour-long public debate during a contested primary election and at least 2 one-hour public debates during a contested general election. The bill encourages licensed broadcasters to publicly broadcast public debates. Certification. Not more than 5 days after a candidate applies for moneys from the fund, the commission is required to certify that the candidate is or is not eligible for such moneys. Eligibility for receipt of such moneys may be revoked if the participating candidate knowingly violates the requirements of the bill. The commission's determination of certification and revocation is final but may be appealed to a state district court. Allocation of money from the fund. The commission is required to award a participating candidate moneys from the fund based on the numeric average of the total spent by the winning candidate during the previous 2 election cycles for a competitive election for the legislative district's office for the primary or general election period, as applicable. The commission is required to adjust the amount allocated to a participating candidate for a particular legislative district at least every 4 years based on changed circumstances that would significantly affect the cost of political campaigns in a particular legislative district. Colorado citizen-funded campaigns fund. The bill identifies certain sources of revenue for the fund and specifies certain restrictions pertaining to the use of moneys in the fund. One funding source is a newly created income tax checkoff to benefit the fund. The bill also requires an annual transfer to the fund from the unclaimed property trust fund. Finally, the bill imposes a 10% surcharge on certain criminal and civil fines, penalties, and forfeitures and requires the surcharge to be deposited in the fund. Upon a determination that a candidate has met all the requirements for becoming a participating candidate as provided in the bill, the commission is required to deposit in the participating candidate's campaign account the amount allocated to such candidate for his or her campaign. Colorado citizen-funded campaigns commission. The commission consists of 7 commissioners. The bill specifies requirements for the appointment of the commissioners. The commission is to be led by a chairperson, selected each fiscal year from among its membership. The bill specifies the commission's powers and duties, including its main responsibility for implementing and administering the requirements of the system of public financing established under the bill. Among other things, the commission is empowered to subpoena information, conduct audits, investigate complaints, and promulgate rules. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 2 to article 45 of title 1 as follows: PART 2 CITIZEN-FUNDED CAMPAIGNS FOR THE GENERAL ASSEMBLY 1-45-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the current system of privately financed campaigns for election to the general assembly undermines democracy in our state in the following principal ways: (a) Candidates to whom more money is contributed defeat their opponents nearly ninety percent of the time; (b) Ordinary citizens, who would otherwise be qualified for public office but who have no access to large amounts of money, find it difficult to run for office and are discouraged from doing so; and (c) Both incumbents and first-time candidates spend large amounts of time trying to raise funds in order to run a successful campaign. (2) The general assembly further finds, determines, and declares that providing a voluntary, citizen-funded election system for campaigns for the general assembly will enhance democracy and improve governance in the state. Specifically, such a system will, among other benefits: (a) Make it possible for qualified, ordinary citizens to undertake competitive campaigns because they will have access to the amount of money similar to that expended by the winning candidate in their legislative district in the prior two election cycles; (b) Reduce the time candidates currently spend trying to raise money; and (c) Increase the amount of time that candidates spend researching issues and talking to their constituents about constituent concerns. 1-45-202. Definitions. (1) The terms used in this part 2 have the same meaning, unless the context otherwise requires, as those set forth in section 2 of article XXVIII of the state constitution, as supplemented by the definitions set forth in section 1-45-103. (2) In addition to the terms addressed in subsection (1) of this section, the following additional terms used in this part 2 have the meanings specified as follows, unless the context otherwise requires: (a) "Account" means the bank repository of the moneys allocated to a candidate who qualifies to receive such moneys from the Colorado citizen-funded campaigns commission. (b) "Colorado citizen-funded campaigns commission" means the governmental agency created by section 1-45-221 that is authorized to administer and enforce this part 2. The Colorado citizen-funded campaigns commission may be subsequently referred to in this part 2 as the "commission". (c) "Colorado citizen-funded campaigns fund" means the pool of moneys obtained for and allocated in accordance with the purposes and requirements of this part 2. The Colorado citizen-funded campaigns fund may be subsequently referred to in this part 2 as the "fund". (d) "Exploratory period" means the period beginning the day following the previous general election for a seat in the general assembly and ending on the last day of the qualifying period. This is the period during which candidates who wish to become eligible for Colorado citizen-funded campaigns funding for the next election are permitted to raise and spend a limited amount of private seed money, in contributions of up to one hundred dollars from one individual, for the purpose of exploring and fulfilling the eligibility requirements for obtaining moneys from the fund. The exploratory period begins before and extends to the end of the qualifying period. (e) "Nonparticipating candidate" means a candidate for the general assembly whose name appears on a ballot for elective office in the state but has chosen not to apply for moneys from the fund or who has applied for moneys from the fund but has not satisfied the requirements for obtaining such moneys. (f) "Participating candidate" means a candidate for the general assembly who qualifies for and is eligible to receive moneys from the fund. (g) "Party participating candidate" means a candidate for the general assembly, nominated by a political party, who is on the ballot and who qualifies for and is eligible to receive moneys from the fund in connection with a primary or general election. (h) "Qualifying contribution" means a contribution of five dollars that a registered elector makes during the designated qualifying period to a candidate for the general assembly who is seeking to become eligible to receive moneys from the fund. (i) "Qualifying period" means the period during which a candidate is permitted to collect qualifying contributions in order to qualify for moneys from the fund. A qualifying period begins ninety days before the date of the primary election for a given office and ends thirty days before the date of the primary election. (j) "Seed money contribution" means a contribution of no more than one hundred dollars made by a person to a candidate for the general assembly during the exploratory period. (k) "Unaffiliated participating candidate" means a candidate for the general assembly who has been granted ballot status, who is not a party participating candidate as defined in paragraph (g) of this subsection (2), and who qualifies for and is eligible to receive Colorado citizen-funded campaigns fund money during the general election campaign period. 1-45-203. Eligibility for obtaining moneys from the fund. (1) A candidate for the general assembly qualifies as a participating candidate for any given primary or general election campaign if the candidate files a declaration with the commission on or before the end of the qualifying period for the office that the candidate has complied with and will fulfill all of the requirements of this part 2, including: (a) During the exploratory period and qualifying period, the candidate neither accepts nor expends contributions to his or her candidate committee from any source other than seed money contributions and qualifying contributions; and (b) Any contributions the candidate accepted but did not expend before being certified as a participating candidate are returned to the contributor, held in a segregated bank account and used only for retiring a debt from a previous campaign, or submitted to the commission for deposit in the fund. (2) In addition to the specifications of subsection (1) of this section, the candidate qualifies as a participating candidate if he or she meets each of the following requirements pertaining to qualifying contributions before the end of the qualifying period: (a) The candidate collects at least the following number of qualifying contributions: (I) Three hundred qualifying contributions for a candidate running for the Colorado state senate. Each qualifying contribution must be from a registered elector residing in the candidate's senate district. (II) One hundred fifty qualifying contributions for a candidate running for the Colorado state house of representatives. Each qualifying contribution must be from a registered elector residing in the candidate's house district. (b) Each qualifying contribution shall be acknowledged by a receipt to the contributor with a copy submitted to the commission by the candidate. The receipt shall state that the contributor understands that the purpose of the contribution is to provide revenue for the Colorado citizens-funded campaigns fund and that the contribution is made without coercion or reimbursement. The receipt shall include the following information: The contributor's printed full name, home address including zip code, telephone number, name of the candidate, contributor's signature, and the date of the contribution. (c) Any contribution submitted as a qualifying contribution that fails to include a signed and fully completed receipt shall not be counted as a qualifying contribution. (d) All qualifying contributions, whether in the form of cash, checks, or money orders made out to the candidate's name, shall be deposited by the candidate in the bank account required to be opened and maintained by the candidate's candidate committee. (e) All qualifying contribution receipts shall be sent to the commission, accompanied by a check from the campaign account of the candidate's campaign committee for the total amount of the qualifying contribution moneys received, which moneys shall be deposited in the fund. This submission shall be accompanied by a signed statement from the candidate stating that the information on the qualifying contribution receipts is complete and accurate to the best of the candidate's knowledge and that the amount of the enclosed check is equal to the sum of all the five dollar qualifying contributions the candidate has received. (3) A candidate subject to a contested primary election qualifies as a party participating candidate for the general election period if the candidate won his or her party's nomination in the primary election. 1-45-204. Transition rules for current election cycle. A candidate may be certified as a participating candidate, notwithstanding the fact that the candidate may have accepted contributions or made contributions from a source other than the fund, on the condition that any private funds accepted by a candidate but not expended before the candidate has been certified as a participating candidate are returned to the contributor, held in a special campaign account and used only for retiring a debt from a previous campaign, or submitted to the commission for deposit in the fund. 1-45-205. Continuing obligation to comply. (1) A participating candidate who accepts moneys from the fund during a primary election campaign in accordance with the requirements of this part 2 shall comply with all of the requirements of this part 2 through the date of the general election campaign, whether or not the participating candidate continues to accept such moneys. A participating candidate who applies for and qualifies for moneys from the fund for a primary or general election may not, upon application, decide not to accept moneys from the fund in accordance with the requirements of this part 2 in that same election cycle and subsequently raise additional moneys from sources other than the fund. A participating candidate who receives moneys from the fund in the primary election is obligated to comply with the requirements of this part 2 for the general election. (2) If a participating candidate dies or becomes incapacitated during the election cycle, the participating candidate's party may designate a person to replace this candidate and be eligible for funding under this part 2 if the replacement candidate agrees in writing to accept and follow the rules and procedures established by this part 2. (3) If a participating candidate loses his or her primary or general election, he or she shall promptly return to the commission any moneys received. 1-45-206. Contributions and expenditures. (1) During a primary and general election campaign, a participating candidate who has voluntarily agreed to be bound by the requirements of this part 2 and is eligible for moneys from the fund shall neither accept private contributions from any source other than the fund nor solicit, accept, or receive contributions for any other candidate for elective office in the state or for any political party or political committee. (2) No person shall make a contribution in the name of another person. A participating candidate who receives a qualifying contribution or a seed money contribution that is not from the person listed on the receipt required by section 1-45-203 shall be liable to reimburse the commission for the entire amount of such contribution in addition to payment of any penalty that may be assessed by the commission. (3) In connection with any primary or general election, a participating candidate shall pay for all of the candidate's respective campaign expenditures by means specified by the commission. (4) A participating candidate shall furnish to the commission at regular filing times, or in response to reasonable request made by the commission or its staff, complete records maintained by the candidate in connection with the requirements of this part 2, including all records of seed money contributions and qualifying contributions received by the candidate. A participating candidate shall cooperate with any audit or related examination of records sought by the commission. 1-45-207. Campaign accounts for participating candidates. (1) Except as otherwise provided in this section, during an election cycle, a participating candidate shall conduct all campaign finance activities through the separate segregated account the candidate is required to maintain pursuant to section 3 (9) of article XXVIII of the state constitution. (2) A participating candidate may maintain a campaign account other than the campaign account described in subsection (1) of this section if the other campaign account is for the purpose of retiring a campaign debt that was incurred during a previous election campaign in which the candidate was not a participating candidate. (3) A contribution made for the purposes of retiring a previous campaign debt that is deposited in the account described in subsection (2) of this section shall not be considered a contribution to the participating candidate's current campaign. 1-45-208. Permitted expenditure of moneys from the fund. (1) A participating candidate shall expend any moneys received from the fund only for purposes directly involved in supporting his or her candidacy for office. Permitted expenditures under this subsection (1) include, without limitation, those described in section 2 (8) (a) of article XXVIII of the state constitution. Permissible expenditures include payment of or reimbursement for costs associated with staff assistance, written materials, travel, office supplies, communications, operation and maintenance of a campaign office, volunteer support, accounting or clerical services, public relations, and attorney fees or costs associated with contesting the outcome of a primary or general election. (2) A participating candidate shall not use moneys from the fund for the purposes described in section 2 (8) (b) of article XXVIII of the state constitution. In addition to the purposes described in section 2 (8) (b) of article XXVIII of the state constitution, a candidate shall not use moneys from the fund for expenditures related to the costs of legal defense except as authorized under subsection (1) of this section , capital assets, loans or contributions, or gifts in excess of twenty-five dollars. (3) Upon written request from a participating candidate, the commission shall determine whether a planned campaign expenditure is permissible under this part 2. To make a request, a participating candidate shall submit a description of the anticipated expenditure to the commission. The commission shall promptly inform the participating candidate whether an enforcement action will be necessary if the planned expenditure is undertaken. 1-45-209. Use of personal funds - contributions from family members. (1) Personal money contributed as seed money by a candidate seeking to become a participating candidate or personal money contributed by a member of the candidate's immediate family shall not exceed one hundred dollars per contributor. (2) Personal money of a candidate seeking to become a participating candidate shall not be used to meet requirements pertaining to a qualifying candidate with the exceptions of one five dollar contribution from the participating candidate and one five dollar contribution from the candidate's spouse. 1-45-210. Seed money. (1) The only private contributions a candidate seeking to become eligible for moneys from the fund may accept are seed money contributions that are made by persons prior to the end of the qualifying period. (2) A seed money contribution shall not exceed one hundred dollars per donor, and the aggregate amount of seed money contributions accepted by the candidate seeking to become eligible for Colorado citizen-funded campaigns money shall not exceed: (a) Five thousand dollars for a candidate running for the state senate. (b) Two thousand five hundred dollars for a candidate running for the state house of representatives. (3) A candidate shall provide a contributor of seed money a receipt for the contribution. All such receipts for seed money contributions under twenty-five dollars shall include the contributor's signature, printed name, and address. Receipts for seed money contributions of twenty-five dollars or more shall include the contributor's signature, printed name, street address, zip code, telephone number, occupation, and name of employer. A candidate shall not accept a seed money contribution if the required identifying information specified in this subsection (3) is not provided by the contributor. (4) A candidate shall only expend moneys from seed money contributions during the exploratory and qualifying periods. (5) Within thirty days after the close of the qualifying period, candidates seeking to become eligible for moneys from the fund shall: (a) Fully disclose all seed money contributions and expenditures to the commission; (b) Turn over to the commission for deposit in the fund any seed money contributions raised during the exploratory period that exceed the aggregate seed money contributions limit and any seed money contributions that are unexpended as of the end of the exploratory period. 1-45-211. Participation in public debates. (1) A participating candidate in a contested election shall participate in at least one hour-long public debate during a contested primary election and at least two one-hour public debates during a contested general election. (2) Licensed broadcasters shall be encouraged to publicly broadcast public debates. (3) A nonparticipating candidate for the same office whose name will appear on the ballot shall be invited to join the public debates. (4) Scheduled public debates will be held whether or not a nonparticipating candidate agrees to participate in, or actually participates in, a scheduled public debate. 1-45-212. Certification. (1) Not more than five days after a candidate applies for moneys from the fund, the commission shall certify that the candidate is or is not eligible for such moneys. Eligibility for receipt of such moneys may be revoked if the participating candidate knowingly violates the requirements of this part 2. (2) The commission is encouraged to develop procedures to correct any deficiencies that may have resulted in a denial of certification. (3) A request for certification shall be signed by the candidate seeking to become a participating candidate and the campaign treasurer of the candidate's campaign under penalty of perjury. (4) The commission's determination of certification and revocation is final but may be appealed to a state district court of general jurisdiction that sits in a judicial district located wholly or partly within the legislative district sought to be represented by the candidate appealing the commission's determination. 1-45-213. Allocation of money from the fund. (1) The commission shall award a participating candidate moneys from the fund based on the numeric average of the total amount spent by the winning candidate for a competitive election during the previous two election cycles for the legislative district's office for the primary or general election period, as applicable. For purposes of this section, a "competitive election" means an election in which the election was contested and the margin between the winning and losing candidates was ten percent or less. (2) If historical data is not available or is otherwise insufficient to make the determination required by subsection (1) of this section, the commission may determine the allocation for a given participating candidate. In such cases, the judgment of five members of the commission shall be used to determine the amount allocated to a participating candidate. (3) The commission shall adjust the amount allocated to a participating candidate for a particular legislative district at least every four years based on such variables as changes in population, district boundaries, or other factors that would significantly affect the cost of political campaigns in the particular district. 1-45-214. Schedule of payments for primary elections. A party participating candidate engaged in a primary election shall receive money from the commission from the fund for the primary election campaign period on the date the commission certifies the candidate as a participating candidate. This certification shall take place no later than five days after the candidate has submitted the required number of qualifying contribution receipts, payment equal to the total amount of qualifying contributions has been collected, and the candidate has executed a declaration stating compliance with all other requirements for eligibility as a participating candidate. No party participating candidate shall receive moneys from the fund earlier than the beginning of the primary election period. 1-45-215. Schedule of payments for general elections. (1) A party participating candidate who wins a primary election and a party participating candidate who did not have a contested primary for his or her party's nomination shall receive moneys from the commission from the fund for the general election campaign period within forty-eight hours after the date of the primary election, unless the candidate is certified as ineligible pursuant to section 1-45-212. If, after the secretary of state has completed the canvas or recount, the results show that the party participating candidate did not win the primary election, the candidate shall return any unspent money to the fund within forty-eight hours after the secretary of state's determination. (2) A participating candidate who has been granted ballot status by the secretary of state shall receive money from the commission for the general election period on the date on which the commission certifies the candidate as a participating candidate. No unaffiliated participating candidate shall receive money from the fund earlier than the beginning of the general election campaign period. 1-45-216. Colorado citizen-funded campaigns fund - created. A special, dedicated, Colorado citizen-funded campaigns fund is hereby created in the state treasury for the purpose of providing public financing for the election campaigns of participating candidates during primary and general election campaign periods, and for paying for the administrative and enforcement costs of the commission pursuant to this part 2. The fund shall be administered by the state treasurer. 1-45-217. Sources of revenue for the fund. (1) The following sources of revenue shall be deposited into the fund: (a) All qualifying contributions of a candidate seeking to become certified as a participating candidate pursuant to section 1-45-203; (b) All excess seed money contributions of a candidate seeking to become certified as a participating candidate pursuant to section 1-45-203; (c) Unspent moneys distributed to a participating candidate who does not remain a candidate until the primary or general election for which they were distributed, or such moneys that remain unspent by a participating candidate following the date of the primary or general election for which they are distributed; (d) Fines levied by the commission against candidates for violations of the provisions of this part 2; (e) Any interest earned by the fund; (f) Any legislative appropriations made to the fund; and (g) Gifts, grants, or donations made to the fund from any public or private source. Notwithstanding any other provision of law, the provisions of this part 2 are exempt from the requirements of part 13 of article 75 of title 24, C.R.S. (2) Any donations made pursuant to this section are not tax deductible for state tax purposes and shall not be designated for the benefit of a particular candidate or political party. 1-45-218. Restrictions on the use of moneys deposited in the fund. (1) All moneys in the fund shall be continuously appropriated for the uses permitted in this part 2. (2) No moneys in the fund may be transferred or expended by the executive branch, the judicial branch, the general assembly, or any individual for any purpose except as explicitly authorized by this part 2. 1-45-219. Review of fund status. (1) At least once per year the commission shall project the amount of revenue that the fund will collect over the next four years, the time at which such revenue shall become available, and the overall amount of moneys required to implement this part 2. (2) (a) If the commission determines that the fund contains insufficient moneys to satisfy the allocations for all participating candidates' accounts in a current election campaign period required by section 1-45-213 (1), the commission shall reduce the allocations to all participating candidates pro rata. (b) In the event a reduction is undertaken pursuant to paragraph (a) of this subsection (2), a participating candidate may solicit and accept private contributions in an amount necessary to bring the total money received by the participating candidate from the fund and from such private contributions equal to the allocation amount that would have been made available prior to the reduction. 1-45-220. Administration of and disbursements from the fund. (1) Upon a determination that a candidate has met all the requirements for becoming a participating candidate as provided in this part 2, the commission shall deposit in the participating candidate's campaign account the amount allocated to such candidate for his or her campaign as provided in section 1-45-213. (2) A participating candidate's campaign obligations shall be paid within forty-five days after election day or after the candidate ceases to be a participating candidate, whichever is sooner. 1-45-221. Colorado citizen-funded campaigns commission. (1) There is hereby created the Colorado citizen-funded campaigns commission. The commission shall exercise its powers and perform its duties and functions specified by this part 2 under the department of state as if it were transferred to the department by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (2) The commission consists of seven commissioners who are registered electors with no more than two from the same political party and two of whom shall not have been affiliated with any political party in the three years prior to appointment to the commission nor during terms of their appointment. Any commissioner who is registered with a political party shall have been affiliated with only that one political party within the last three years. No one shall be appointed to the commission who has either served as an officer for a state level political organization or been a professional lobbyist required to file with the secretary of state within two years prior to the appointment. (3) (a) Three commissioners shall be appointed by the governor. The president of the senate, the senate minority leader, the speaker of the house of representatives, and the house minority leader shall each have one additional appointment to the commission. (b) Appointments shall be made in an alternating fashion, starting with the governor. (4) The first two commissioners shall be appointed for a five-year term, the next three shall be appointed for a four-year term, and the final two appointees shall be appointed for a three-year term. Thereafter, all appointees shall be appointed for a five-year term, except replacement commissioners as described in subsection (6) of this section. No person shall be appointed to the commission more than once. (5) While serving as a commissioner or for a two-year period following service on the commission, a commissioner shall not run for the general assembly, serve as an officer of any political party or political committee, or employ or be employed as a professional lobbyist. (6) Members of the commission may be removed by a two-thirds vote of the members of the commission for substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office, or similar misconduct that obstructs the purposes of this part 2, after written notice and opportunity for a response on the part of the commissioner whose removal is sought. Any vacancy on the commission, including those created by removal under the provisions of this subsection (6), shall be filled according to the requirements and procedures of subsection (3) of this section to complete the unexpired term of the vacancy. (7) Each fiscal year, the chairperson of the commission shall be elected by the members of the commission from among its membership. The chairperson shall have the power to direct the commission staff and set agendas and priorities. The chairperson may be removed at any time by a vote of the commission. (8) A commissioner is not eligible to receive compensation for his or her service on the commission but may receive reasonable reimbursement for his or her reasonable expenses for each day that the commissioner is in attendance at commission meetings pursuant to state fiscal rules. 1-45-222. Commission powers and duties. (1) Among its other powers and duties, the commission shall be responsible for implementing and administering the requirements of this part 2. (2) The commission may subpoena information relating to this part 2. No subpoena shall be issued by the commission unless it is approved by a majority of the members of the commission. (3) The commission may hire, supervise, and terminate for cause the director of the commission staff. The director of the commission staff may, under the oversight of the commission, hire, supervise, and terminate the commission's staff. All personnel decisions shall be made with the strictest adherence to the principle of nonpartisanship. (4) After or during every primary or general election, the commission may conduct audits and investigations to ensure compliance with this part 2. The subjects of audits and investigations shall be selected on the basis of impartial criteria established by a vote of at least three members of the commission. (5) The commission may investigate anonymous complaints. Complainants may receive whistle blower protection. (6) The commission may enforce the provisions of this part 2 by injunctive action. (7) The commission may revoke the certification or eligibility of a participating candidate. (8) The commission may set and levy fines for violations of this part 2. Fines paid shall be deposited in the fund. (9) The commission shall meet as often as necessary to resolve outstanding issues under this part 2. Either the chairperson or three or more commissioners may convene a meeting of the commission. 1-45-223. Commission rules. The commission may promulgate such rules as are necessary to implement and administer the provisions of this part 2. Any rules promulgated shall promote and ensure fair and adequate funding of competitive election campaigns in a strictly nonpartisan fashion. All rules shall be promulgated in accordance with the provisions of article 4 of title 24, C.R.S. 1-45-224. Limit on spending from Colorado citizen-funded campaigns fund. The commission shall not expend, in connection with the costs incurred under this part 2 during a particular election campaign period, more than the revenue that has accrued to the commission during the prior four fiscal years. 1-45-225. Commission reports. The commission shall report to the general assembly and to the citizens of Colorado after each election campaign period. The report shall include a detailed summary of all seed money contributions, qualifying contributions, moneys received, and expenditures made by all participating candidates. The report shall also include a summary and evaluation of the commission's activities and recommendations relating to the implementation, administration, and enforcement of this part 2. The report may include any such adjustments to the allocations for campaign funding for the various offices described in section 1-45-203. 1-45-226. Civil action - attorney fees. (1) Any person who believes a participating candidate has violated this part 2 may pursue a civil action in a Colorado court of general jurisdiction provided that a complaint has been previously filed with the commission regarding the same alleged violation and the commission has failed to make a determination within fifteen days of the filing of the original complaint. (2) Any complaining party that prevails in a civil action charging any violation of this part 2 shall be entitled to receive reasonable attorney fees and costs from the fund. (3) If a court in which a civil action has been filed under this section finds that the complaint in that action was made frivolously or without cause, the court may require the complainant to pay the legal costs of the commission and the defendant parties. (4) Commission acts may be reviewed by any district court with jurisdiction over such claims . Any such petitions for review shall be filed within sixty days after the commission either acts or fails to take action on the complaint. 1-45-227. Civil penalties and repayment. (1) The civil penalty for a violation of any contribution or expenditure limit set forth in this part 2 by or on behalf of a participating candidate shall be at least double and not more than five times the amount by which the expenditures or contributions exceed the applicable limit. (2) In addition to any other penalties imposed by law, the civil penalty for a violation by or on behalf of any participating candidate of any reporting requirement imposed by this part 2 shall be one hundred dollars per day for participating candidates. The penalty imposed by this subsection (2) shall be doubled if the amount not reported for a particular election campaign period exceeds ten percent of the adjusted primary or general election spending limit. No penalty imposed pursuant to this section shall exceed twice the amount of expenditure or contribution not reported. (3) Each participating candidate shall be responsible for any penalty imposed pursuant to this section. (4) Any participating candidate adjudged to have knowingly committed a violation of this part 2 shall repay the fund from the participating candidate's personal assets an amount equivalent to the amount of moneys the participating candidate has expended from such candidate's campaign account and shall additionally turn over all moneys in the participating candidate's campaign account as of the date of the violation to the fund. (5) All civil penalties collected pursuant to this part 2 shall be deposited in the fund. 1-45-228. Severability. If any provision of this part 2 or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end the provisions of this part 2 are declared to be severable. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act apply to elections held on or after July 1, 2013.