First Regular Session

Sixty-first General Assembly

LLS NO. 97­0338.01 DLC SENATE BILL 97­087

STATE OF COLORADO

BY SENATOR Thiebaut

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE DELETION OF PROVISIONS IN THE "FAIR CAMPAIGN PRACTICES ACT" THAT MAY BE VIOLATIVE OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION BASED ON CERTAIN JUDICIAL DECISIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Eliminates the following contribution limits under the "Fair Campaign Practices Act":

• The $100 limit on contributions by natural persons and political committees to state senate and state house of representatives candidate committees for a primary or general election;

• The prohibition on contributions from one candidate committee to another candidate committee;

• The $250 aggregate limit on contributions during a 2­year election cycle from persons to political committees.

Deletes the following provisions related to voluntary campaign spending limits under the Act:

• Doubling of the contribution limits for a candidate who has accepted spending limits if the opposing candidate does not accept the limits and raises more than 10% of the amount of that limit;

• A statement in any political message of a candidate or candidate committee who does not accept spending limits giving notice of such non­acceptance;

• An indication on the primary and general election ballots of who has accepted and who has not accepted spending limits.

Deletes the requirement that unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle be counted as contributions from political committees for purposes of the aggregate limit on such contributions.

Eliminates disclosure requirements in a political message produced by an independent expenditure in excess of $1000.

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

SECTION 1.  1­45­104 (2) (b), (3), and (7), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are amended to read:

1­45­104.  Contribution limits. (2)  No natural person or political committee shall make, and no candidate committee shall accept, aggregate contributions to a candidate committee for a primary or general election in excess of the following amounts:

(b)  One hundred dollars to any one state senate, state house of representatives, state board of education or regent of the University of Colorado candidate committee.

(3)  No state candidate's candidate committee shall accept contributions from, or make contributions to, another candidate committee, including any candidate committee, or equivalent entity, established under federal law.

(7)  No political committee shall accept an aggregate contribution from any person in excess of two hundred fifty dollars per house of representatives election cycle.

SECTION 2.  1­45­105 (5), (6) (b), and (7), Colorado Revised Statutes, 1980 Repl. Vol., as amended, are repealed as follows:

1­45­105.  Voluntary campaign spending limits. (5)  The applicable contribution limits set forth in subsections 1­45­104 (2) and (5) shall double for any state candidate who has accepted the applicable voluntary spending limit if:

(a)  another candidate in the race for the same office has not accepted the spending limit; and

(b)  the non­accepting candidate has raised more than ten percent of the applicable spending limit as determined by candidate committee reports filed with the secretary of state.

(6) (b)  State candidates who choose not to comply with the applicable voluntary campaign spending limit shall include the following statement in any political message produced by the candidate or the candidate's committee: "(Candidate's Name) HAS NOT AGREED TO THE CAMPAIGN SPENDING LIMITS ADOPTED BY THE VOTERS IN THE FAIR CAMPAIGN PRACTICES ACT". This statement shall be prominently featured in the political message.

(7)  Notwithstanding sections 1­5­402, 1­5­407, or any other statutory provision to the contrary;

(a)  Each primary election ballot shall clearly indicate which state candidates have accepted the applicable voluntary spending limit and which state candidates have not accepted the voluntary spending limit.

(b)  Each general election ballot shall also clearly indicate which state candidates have accepted the applicable voluntary spending limit and which state candidates have not accepted the voluntary spending limit.

SECTION 3.  1­45­106 (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is repealed as follows:

1­45­106.  Unexpended campaign contributions. (2)  Any unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle shall be counted and reported as contributions from political committees in any subsequent election for purposes of section 1­45­104 (1) no matter how those contributions were originally classified.

SECTION 4.  1­45­107 (2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is repealed as follows:

1­45­107.  Independent expenditures. (2)  Any person making an independent expenditure in excess of one thousand dollars shall disclose in the political message produced by the expenditure, the full name of the person, the name of the registered agent, the amount of the expenditure, and the specific statement that the advertisement or material is not authorized by any candidate. Such disclosure shall be prominently featured in the political message.

SECTION 5.  Effective date.  This act shall take effect July 1, 1997.

SECTION 6.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.