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Second Regular Session
Sixty-first General Assembly
LLS NO. 980676.01 DLC
SENATE BILL 98133
STATE OF COLORADO
BY SENATOR Wham;
also REPRESENTATIVE Snyder REREVISED
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING CONTRIBUTIONS TO CANDIDATE COMMITTEES,
AND, IN CONNECTION THEREWITH, SPECIFYING THAT A CANDIDATE COMMITTEE
MAY ACCEPT CONTRIBUTIONS PRIOR TO THE FILING OF A CANDIDATE AFFIDAVIT
AND AUTHORIZING CERTAIN ADDITIONAL USES OF UNEXPENDED CAMPAIGN
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Provides that a person is a candidate for election if the person publicly announces an intention to seek election by filing a candidate affidavit, instead of both a public announcement and the receipt of a contribution. Specifies that a person remains a candidate for an undesignated office following an election and prior to designating an office by filing a candidate affidavit as long as the candidate maintains a registered candidate committee.
Allows a candidate committee to accept contributions following an election and prior to filing a candidate affidavit for a particular office at the next election. Subjects such contributions to applicable contribution limits. Specifies when excess contributions must be returned to the contributor and when they may be disbursed pursuant to the provisions on unexpended campaign contributions.
Permits officeholders to use unexpended contributions for voter registration, political education, scholarships, defraying expenditures related to mailings and similar communications to constituents, and any expenses directly related to the officeholder's official duties.
Provides that the amount of unexpended campaign contributions
retained by a candidate committee for use in a subsequent election
cycle is determined from the amount held by the committee on the
last day of the month in which the election was held as shown
on the candidate committee report filed after that election.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 145103 (1), Colorado Revised Statutes, is amended, and the said 145103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
145103. Definitions. As used in this article:
(1) "Candidate" means any person
who seeks nomination or election to any public office
THAT is to be voted on in this state at any general election,
school district election, special district election, or municipal
election. "Candidate" also includes a judge or justice
of any court of record who seeks to be retained in office pursuant
to the provisions of section 25 of article VI of the state constitution.
A person is a candidate for election if the person has publicly
announced an intention to seek election to public office OR
RETENTION OF A JUDICIAL OFFICE and THEREAFTER has received a contribution
in support of the candidacy. A person remains a candidate for
purposes of this article as long as the candidate maintains a
registered candidate committee. A PERSON WHO REMAINS A CANDIDATE
AFTER AN ELECTION CYCLE BY REASON OF THE MAINTENANCE OF A REGISTERED
CANDIDATE COMMITTEE, BUT WHO HAS NOT PUBLICLY ANNOUNCED AN INTENTION
TO SEEK ELECTION TO PUBLIC OFFICE IN THE NEXT OR ANY SUBSEQUENT
ELECTION CYCLE, IS AN UNDECLARED CANDIDATE FOR PURPOSES OF THIS
(14) "UNEXPENDED CAMPAIGN CONTRIBUTIONS" MEANS THE BALANCE OF FUNDS ON HAND IN ANY CANDIDATE COMMITTEE AT THE END OF AN ELECTION CYCLE, LESS THE AMOUNT OF ALL UNPAID MONETARY OBLIGATIONS INCURRED PRIOR TO THE ELECTION IN FURTHERANCE OF SUCH CANDIDACY.
SECTION 2. 145104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
145104. Contribution limits. (14) AN UNDECLARED CANDIDATE WHO IS AN ELECTED AND SERVING STATE OFFICEHOLDER THAT IS SUBJECT TO THE PROVISIONS OF THIS ARTICLE MAY MAINTAIN A CANDIDATE COMMITTEE DURING SUCH PERSON'S TERM OF OFFICE AND ACCEPT CONTRIBUTIONS, SUBJECT TO THE CONTRIBUTION LIMITS AND THE LIMITS ON AGGREGATE TOTALS OF CONTRIBUTIONS THAT APPLY TO SUCH OFFICE, FOR THE USES AND PURPOSES SET FORTH IN SECTION 145106.
SECTION 3. 145106 (1), Colorado Revised Statutes, is amended to read:
145106. Unexpended campaign
contributions. (1) (a) Unexpended
CAMPAIGN contributions to a candidate committee may be
contributed to a political party subject to the limitation set
SECTION 145104 (4), donated to a charitable organization
recognized by the internal revenue service, returned to the contributors,
or retained by the committee for use by the candidate in a subsequent
campaign pursuant to the restrictions set forth in subsection
(2) of this section. In no event shall contributions to a candidate
committee be used for personal purposes not reasonably related
to supporting the election of the candidate.
(b) IN ADDITION TO ANY USE DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1), A PERSON ELECTED TO A PUBLIC OFFICE MAY USE UNEXPENDED CAMPAIGN CONTRIBUTIONS HELD BY THE PERSON'S CANDIDATE COMMITTEE FOR ANY OF THE FOLLOWING PURPOSES:
(I) VOTER REGISTRATION;
(II) POSTSECONDARY EDUCATIONAL SCHOLARSHIPS;
(III) TO DEFRAY REASONABLE AND NECESSARY EXPENSES RELATED TO MAILINGS AND SIMILAR COMMUNICATIONS TO CONSTITUENTS;
(IV) ANY EXPENSES THAT ARE DIRECTLY RELATED TO SUCH PERSON'S OFFICIAL DUTIES AS AN ELECTED OFFICIAL, INCLUDING, BUT NOT LIMITED TO, EXPENSES FOR THE PURCHASE OR LEASE OF OFFICE EQUIPMENT AND SUPPLIES, ROOM RENTAL FOR PUBLIC MEETINGS, NECESSARY TRAVEL AND LODGING EXPENSES FOR LEGISLATIVE EDUCATION SUCH AS SEMINARS, CONFERENCES, AND MEETINGS ON LEGISLATIVE ISSUES, AND TELEPHONE AND PAGER EXPENSES.
SECTION 4. 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.