First Regular Session

Sixty-first General Assembly

LLS NO. 97­0152.01 JYHOUSE BILL 97­1177

STATE OF COLORADO

BY REPRESENTATIVE Keller;

also SENATOR Perlmutter.

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING A CANDIDATE INFORMATION BOOKLET.

Bill Summary

"Candidate Information Booklet"

(Note: This summary applies to this bill as introducedand does not necessarily reflect any amendments which may be subsequentlyadopted.)

Before each general election, requires the directorof research of the legislative council to prepare and mail toregistered electors a candidate information booklet. Allows thedirector to coordinate the mailing of such booklet with the mailingof the ballot information booklet. Requires the director to preparea candidate information booklet for each congressional district.Allows candidates for governor, lieutenant governor, state treasurer,secretary of state, state attorney general, state senate, statehouse of representatives, and regent of the university of Coloradoin a general election to file a photograph and statement withthe director. Specifies the contents and limitations of such material.Sets forth the penalty for filing a false statement. Allows thedirector of research to reject a statement under certain circumstances.Specifies the fee required for inclusion of a candidate's photographand statement in the candidate information booklet. Creates thecandidate information booklet fund into which such fees are tobe deposited. Specifies that candidates paying the appropriatefee are allotted the same amount of space in the booklet, evenwhen a photograph is not submitted. Prohibits the director ofresearch from including any information on a candidate who doesnot file a statement with the director or who does not pay theappropriate fee.

Be it enacted by the General Assembly of the Stateof Colorado:

SECTION 1.  Article1 of title 1, Colorado Revised Statutes, 1980 Repl. Vol., as amended,is amended BY THE ADDITION OF A NEW PART to read:

PART 3

CANDIDATE INFORMATION BOOKLET

1­1­301.  Preparation andmailing of booklet. (1)  BEFOREANY GENERAL ELECTION, THE DIRECTOR OF RESEARCH OF THE LEGISLATIVECOUNCIL OF THE GENERAL ASSEMBLY SHALL PREPARE AND MAKE AVAILABLETO THE PUBLIC A CANDIDATE INFORMATION BOOKLET CONTAINING THE MATERIALSUBMITTED PURSUANT TO SECTION 1­1­302. THE DIRECTOROF RESEARCH SHALL MAIL THE CANDIDATE INFORMATION BOOKLET TO ALLREGISTERED ELECTORS AT LEAST THIRTY DAYS BEFORE THE GENERAL ELECTION.THE DIRECTOR OF RESEARCH MAY COORDINATE THE MAILING OF THE CANDIDATEINFORMATION BOOKLET WITH THE DISTRIBUTION OF THE BALLOT INFORMATIONBOOKLET PREPARED IN ACCORDANCE WITH SECTION 1­40­124.5IF THE BALLOT INFORMATION BOOKLET IS MAILED TO REGISTERED ELECTORS.

(2)  THE DIRECTOR OF RESEARCH SHALL PREPAREA CANDIDATE INFORMATION BOOKLET AS SPECIFIED IN SUBSECTION (1)OF THIS SECTION FOR EACH CONGRESSIONAL DISTRICT IN THE STATE.EACH BOOKLET SHALL CONTAIN INFORMATION PERTAINING TO THE CANDIDATESFOR THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE TREASURER,SECRETARY OF STATE, ATTORNEY GENERAL, AND AT­LARGE MEMBEROF THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO, AS WELLAS INFORMATION PERTAINING TO THE CANDIDATES FOR THE OFFICES OFMEMBER OF THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES,AND THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO WHOSE DISTRICTSLIE, IN WHOLE OR IN PART, WITHIN THE APPLICABLE CONGRESSIONALDISTRICT. THE DIRECTOR OF RESEARCH SHALL MAIL THE APPROPRIATECANDIDATE INFORMATION BOOKLET TO REGISTERED ELECTORS DEPENDINGUPON WHICH CONGRESSIONAL DISTRICT SUCH ELECTORS RESIDE.

(3)  THE DIRECTOR OF RESEARCH SHALL NOTINCLUDE ANY MATERIAL IN THE CANDIDATE INFORMATION BOOKLET CONCERNINGANY CANDIDATE WHO DOES NOT FILE A STATEMENT PURSUANT TO SECTION1­1­302 OR WHO DOES NOT PAY THE APPROPRIATE FEE AS REQUIREDUNDER SECTION 1­1­304.

1­1­302.  Filing of photographand statement by candidate. (1)  BYSEPTEMBER 1 OF ANY YEAR IN WHICH THERE IS A GENERAL ELECTION,ANY CANDIDATE FOR ELECTION AT THE GENERAL ELECTION TO THE OFFICEOF GOVERNOR, LIEUTENANT GOVERNOR, STATE TREASURER, SECRETARY OFSTATE, STATE ATTORNEY GENERAL, OR AT­LARGE MEMBER OF THEBOARD OF REGENTS OF THE UNIVERSITY OF COLORADO OR TO THE OFFICEOF MEMBER OF THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES,OR BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO MAY FILE WITHTHE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL:

(a)  A PASSPORT­SIZED PHOTOGRAPH OFTHE CANDIDATE, TAKEN NOT MORE THAN TWO YEARS PRIOR TO THE DATEOF FILING;

(b)  A TYPEWRITTEN STATEMENT OF NOT MORETHAN THREE HUNDRED TWENTY­FIVE WORDS CONTAINING THE FOLLOWINGINFORMATION ABOUT THE CANDIDATE:

(I)  THE POLITICAL AFFILIATION, IF ANY;

(II)  BACKGROUND INFORMATION SUMMARIZINGTHE CANDIDATE'S OCCUPATION, OCCUPATIONAL AND EDUCATIONAL BACKGROUND,AND PRIOR GOVERNMENTAL EXPERIENCE;

(III)  CURRENT RESIDENCY AND LENGTH OFRESIDENCY IN THE STATE AND, FOR CANDIDATES TO THE OFFICE OF MEMBEROF THE STATE SENATE OR THE HOUSE OF REPRESENTATIVES, CURRENT RESIDENCYAND LENGTH OF RESIDENCY IN THE APPLICABLE SENATE OR HOUSE DISTRICT FOR SUCH CANDIDATE;

(IV)  ORGANIZATIONS OF WHICH THE CANDIDATEIS A MEMBER; AND

(V)  AN EXPLANATION OF THE THREE MOST IMPORTANTISSUES TO THE CANDIDATE, WHICH MAY INCLUDE THE REASONS THE CANDIDATESHOULD BE ELECTED.

(2)  ANY PHOTOGRAPH OR STATEMENT FILEDUNDER THIS SECTION SHALL BE ACCOMPANIED BY A TELEPHONE NUMBERWHERE THE CANDIDATE MAY BE CONTACTED IN PERSON OR BY FACSIMILETRANSMISSION FOR PURPOSES OF SECTION 1­1­303.

(3)  ANY CANDIDATE WHO KNOWINGLY INCLUDESFALSE INFORMATION IN THE STATEMENT FILED WITH THE DIRECTOR OFRESEARCH UNDER SUBSECTION (2) OF THIS SECTION IS SUBJECT TO THEPENALTY PRESCRIBED IN SECTION 1­13­109 (2).

(4)  FOR PURPOSES OF THIS SECTION, "CANDIDATE" MEANS A PERSON WHO HAS MET THE REQUIREMENTS FOR CANDIDACY UNDERSECTION 1­4­501 AND WHOSE NAME IS TO BE PRINTED IN THEOFFICIAL GENERAL ELECTION BALLOT.

1­1­303.  Type of material to be excluded from booklet. (1)  THEDIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL SHALL REJECT ANYSTATEMENT OFFERED FOR FILING UNDER SECTION 1­1­302 INTHE CANDIDATE INFORMATION BOOKLET IF, IN THE DIRECTOR'S DISCRETION,THE STATEMENT:

(a)  CONTAINS ANY OBSCENE, PROFANE, ORDEFAMATORY LANGUAGE;

(b)  INCITES OR ADVOCATES HATRED, ABUSE,OR VIOLENCE TOWARD ANY PERSON OR GROUP; OR

(c)  CONTAINS ANY LANGUAGE THAT MAY NOTBE LEGALLY CIRCULATED THROUGH THE MAILS.

(2)  THE DIRECTOR OF RESEARCH SHALL MAKEREASONABLE ATTEMPTS TO NOTIFY A CANDIDATE OF ANY REJECTION OFA CANDIDATE'S STATEMENT UNDER SUBSECTION (1) OF THIS SECTION.IF A CANDIDATE'S STATEMENT IS REJECTED, THE CANDIDATE SHALL HAVE FIVE DAYS TO SUBMIT A REVISED STATEMENT TO THE DIRECTOR OF RESEARCH;EXCEPT THAT NO REVISED STATEMENT MAY BE SUBMITTED AFTER THE FILINGDEADLINE SPECIFIED IN SECTION 1­1­302 (1). THE DIRECTOROF RESEARCH MAY REJECT ANY REVISED STATEMENT FOR ANY OF THE REASONSSPECIFIED IN SUBSECTION (1) OF THIS SECTION.

1­1­304.  Fees required ­fund created. (1)  AT THE TIMEOF FILING A CANDIDATE'S PHOTOGRAPH OR STATEMENT UNDER SECTION1­1­302, EACH CANDIDATE SHALL PAY TO THE DIRECTOR OFRESEARCH OF THE LEGISLATIVE COUNCIL THE FOLLOWING FEE TO BE DEPOSITED INTO THE CANDIDATE INFORMATION BOOKLET FUND CREATED UNDER SUBSECTION(3) OF THIS SECTION:

(a)  TEN THOUSAND DOLLARS IF A CANDIDATE FOR THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR, STATE TREASURER,SECRETARY OF STATE, STATE ATTORNEY GENERAL, OR OFFICE OF AT­LARGEMEMBER OF THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO;

(b)  THREE THOUSAND DOLLARS IF A CANDIDATEFOR THE OFFICE OF MEMBER OF THE STATE SENATE OR MEMBER OF THEBOARD OF REGENTS OF THE UNIVERSITY OF COLORADO; AND

(c)  ONE THOUSAND FIVE HUNDRED DOLLARSIF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE STATE HOUSE OFREPRESENTATIVES.

(2)  THE SPACE ALLOTTED TO EACH CANDIDATEIN THE CANDIDATE INFORMATION BOOKLET, TO BE DETERMINED BY THEDIRECTOR OF RESEARCH, SHALL BE THE SAME FOR EACH CANDIDATE WHOHAS PAID THE FEE SPECIFIED IN SUBSECTION (1) OF THIS SECTION.IF A CANDIDATE WHO PAID SUCH FEE HAS NOT SUBMITTED A PHOTOGRAPHIN ACCORDANCE WITH SECTION 1­1­302, THE DIRECTOR SHALLONLY INCLUDE THE STATEMENT SUBMITTED BY THE CANDIDATE UNDER SAIDSECTION IN THE SPACE ALLOTTED FOR SUCH CANDIDATE.

(3)  THERE IS HEREBY CREATED IN THE STATETREASURY THE CANDIDATE INFORMATION BOOKLET FUND, TO WHICH SHALLBE CREDITED THE REVENUES DERIVED FROM THE FEES COLLECTED BY THEDIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL PURSUANT TO SUBSECTION(1) OF THIS SECTION. ALL MONEYS RECEIVED AND ALL INTEREST EARNEDON THE MONEYS SHALL BE USED, SUBJECT TO ANNUAL APPROPRIATION BYTHE GENERAL ASSEMBLY, TO PAY FOR THE COSTS ASSOCIATED WITH THEPRINTING AND MAILING OF THE CANDIDATE INFORMATION BOOKLET SPECIFIEDIN THIS PART 3. ANY MONEYS NOT APPROPRIATED SHALL REMAIN IN THEFUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUNDOF THE STATE AT THE END OF ANY FISCAL YEAR.

SECTION 2.  Safetyclause.  The general assembly hereby finds, determines,and declares that this act is necessary for the immediate preservationof the public peace, health, and safety.