Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0265.01 Bob Lackner x4350
HOUSE BILL 22-1060
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ESTABLISHMENT OF CONTRIBUTION LIMITS UNDER101
THE "FAIR CAMPAIGN PRACTICES ACT" FOR CANDIDATES FOR102
SCHOOL DISTRICT
DIRECTOR, AND, IN CONNECTION THEREWITH ,103
MAKING AN APPROPRIATION .104
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://leg.colorado.gov
.)
Current law regulating campaign finance does not set limits on
contributions to candidates for school district director.
Section 2 of the bill:
SENATE
2nd Reading Unamended
March 25, 2022
HOUSE
3rd Reading Unamended
February 22, 2022
HOUSE
Amended 2nd Reading
February 18, 2022
HOUSE SPONSORSHIP
Sirota, Kipp, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Cutter, Duran, Esgar,
Exum, Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Jodeh, Lindsay, Lontine,
McCluskie, McCormick, Michaelson Jenet, Mullica, Ortiz, Snyder, Sullivan, Tipper, Titone,
Valdez A., Weissman, Woodrow
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Sets aggregate limits on contributions to candidates for
school district director from persons other than small donor
committees for any regular biennial or special school
election in the amount of $2,500; and
! Sets aggregate limits on contributions to candidates for
school district director from small donor committees for
any regular biennial or special school election in the
amount of $25,000.
The bill requires that these aggregate contribution limits be
periodically adjusted for inflation consistent with other contribution
limits.
Section 3 subjects the new contribution limits to existing statutory
provisions governing the disclosure of campaign contributions.
Section 4 contains requirements governing when a candidate for
school district director is required to disclose information concerning
campaign contributions and clarifies that such candidates are required to
file their disclosure with the secretary of state.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-45-103, add (15.7)2
and (16.4) as follows:3
1-45-103. Definitions - repeal. As used in this article 45, unless4
the context otherwise requires:5
(15.7) "S
CHOOL DISTRICT DIRECTOR" MEANS A PERSON SERVING6
AS A DIRECTOR ON THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT7
WITHIN THE STATE, INCLUDING A SCHOOL DISTRICT COMPOSED OF A CITY8
AND COUNTY.9
(16.4) "S
PECIAL SCHOOL ELECTION" MEANS ANY SCHOOL ELECTION10
PROVIDED FOR BY LAW AND HELD AT A TIME OTHER T HAN THE REGULAR11
BIENNIAL SCHOOL ELECTION.12
SECTION 2. In Colorado Revised Statutes, 1-45-103.7, amend13
(7); and add (1.7) as follows:14
1-45-103.7. Contribution limits - county offices - school15
district director - treatment of independent expenditure committees16
1060-2- - contributions from limited liability companies - voter instructions1
on spending limits - definitions. (1.7) (a) T
HE MAXIMUM AMOUNT OF2
AGGREGATE CONTRIBUTIONS THAT A PERSON , EXCLUDING A SMALL DONOR3
COMMITTEE, MAY MAKE TO A CANDI DATE COMMITTEE OF A CANDIDATE4
FOR SCHOOL DISTRICT DIRECTOR, AND THAT A CANDIDATE COMMITTEE FOR5
SUCH CANDIDATE MAY ACCEPT FROM ANY ONE PERSON EXCLUDING A6
SMALL DONOR COMMITTEE FOR A REGULAR BIENNIAL SCHOOL ELECTION7
OR SPECIAL SCHOOL ELECTION, AS APPLICABLE, IS TWO THOUSAND FIVE8
HUNDRED DOLLARS.9
(b) T
HE MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT10
A SMALL DONOR COMMITTEE MAY MAKE TO A CANDIDATE COMMITTEE OF11
A CANDIDATE FOR SCHOOL DISTRICT DIRECTOR , AND THAT A CANDIDATE12
COMMITTEE FOR SUCH CANDIDATE MAY ACCEPT FROM ANY ONE SMALL13
DONOR FOR A REGULAR BIENNIAL OR SPECIAL SCHOOL ELECTION , AS14
APPLICABLE, IS TWENTY-FIVE THOUSAND DOLLARS.15
(c) A
NY MONETARY AMOUNT SPECIFIED IN SUBSECTION (1.7)(a) OR16
(1.7)(b)
OF THIS SECTION MUST BE ADJUSTED IN ACCORDANCE WITH THE17
ADJUSTMENTS MADE TO OTHER CONTRIBUTION LIMITS AS SPECIFIED IN18
SECTION 3 (13) OF ARTICLE XXVIII OF THE STATE CONSTITUTION.19
(d) T
HE REQUIREMENTS OF SECTIONS 1-45-108 AND 1-45-109, AS20
APPROPRIATE, APPLY TO ANY CONTRIBUTION MADE OR RECEIVED FOR ANY21
FOUR-YEAR ELECTION CYCLE THAT IS SUBJECT TO SUBSECTION (1.7)(a) OR22
(1.7)(b)
OF THIS SECTION.23
(7) (a) Any person who believes that a violation of subsection24
(1.5), (1.7), (5), or (6) of this section has occurred may file a written25
complaint with the secretary of state in accordance with section
26
1-45-111.7 SECTION 1-45-111.7 (2).27
1060
-3- (b) Any person who has violated subsection (1.5), (1.7), (5)(a),1
(5)(b), (5)(c), or (6) of this section is subject to a civil penalty of at least2
double and up to five times the amount contributed or received in3
violation of the applicable provision.4
(c) Any person who has violated any of the provisions of5
subparagraph (I) of paragraph (d) of subsection (5) SUBSECTION (5)(d)(I)6
of this section shall be IS subject to a civil penalty of fifty dollars per day7
for each day that the written affirmation regarding the membership of a8
limited liability company has not been filed with or retained by the9
candidate committee, political committee, or political party to which a10
contribution has been made.11
SECTION 3. In Colorado Revised Statutes, 1-45-108, amend12
(2)(a)(I) introductory portion and (2.5)(a); and add (2.1) and (2.2) as13
follows:14
1-45-108. Disclosure - definitions - repeal. (2) (a) (I) Except as15
provided in subparagraph (V) of this paragraph (a) and subsections (2.5),16
(2.7), and (6) SUBSECTIONS (2)(a)(V), (2.1), (2.5), (2.7), AND (6) of this17
section, such reports that are required to be filed with the secretary of18
state must be filed:19
(2.1) E
XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.2) OF20
THIS SECTION, IN THE CASE OF A REGULAR BIENNIAL SCHOOL ELECTION OR21
A SPECIAL SCHOOL ELECTION, A CANDIDATE COMMITTEE FOR SCHOOL22
DISTRICT DIRECTOR SHALL FILE REPORTS THAT ARE REQUIRED TO BE FILED23
WITH THE SECRETARY OF STATE ACCORDING TO THE FILING SCHEDULE24
SPECIFIED IN SUBSECTIONS (2)(a)(I)(A), (2)(a)(I)(C), (2)(a)(I)(D), AND25
(2)(a)(I)(E)
OF THIS SECTION.26
(2.2) I
N CONNECTION WITH A RECALL ELECTION OF A SC HOOL27
1060
-4- DISTRICT DIRECTOR, REPORTS OF CONTRIBUTIONS AND EXPENDITURES1
MUST BE FILED IN ACCORDANCE WITH THE DEADLINES THAT ARE SPECIFIED2
IN SUBSECTION (6) OF THIS SECTION.3
(2.5) (a) Except as provided in subsection (2.5)(b) of this section,4
and in addition to any report required to be filed with the secretary of5
state or municipal clerk under this section, all candidate committees, issue6
committees, and political parties must file a report with the secretary of7
state of any contribution of one thousand dollars or more at any time8
within thirty days preceding the date of the primary election, general9
election, or regular biennial school election, OR SPECIAL SCHOOL10
ELECTION, AS APPLICABLE. This report shall MUST be filed with the11
secretary of state no later than twenty-four hours after
THE receipt of said12
contribution.13
SECTION 4. In Colorado Revised Statutes, 1-45-109, amend14
(1)(a)(II) as follows:15
1-45-109. Filing - where to file - timeliness. (1) For the purpose16
of meeting the filing and reporting requirements of this article 45:17
(a) The following shall file with the secretary of state:18
(II) Candidates in special district
AND SCHOOL DISTRICT DIRECTOR19
elections; the candidate committees of such candidates; political20
committees in support of or in opposition to such candidates; issue21
committees supporting or opposing a special district ballot issue; and22
small donor committees making contributions to such candidates.23
SECTION 5. In Colorado Revised Statutes, 22-30-104, amend24
(1) as follows:25
22-30-104. Conduct of elections. (1) All elections authorized in26
this article shall
ARTICLE 30 MUST be conducted pursuant to articles 1 to27
1060
-5- 13 of title 1, C.R.S. For each election, the governing body authorized to1
call the election shall name a designated election official who shall be2
responsible for calling and conducting the authorized election. L
IMITS ON3
CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION OF A4
SCHOOL DISTRICT ARE SPECIFIED IN SECTION 1-45-103.7 (1.7). THE5
DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCOR DANCE WITH6
SECTIONS 1-45-108 AND 1-45-109.7
SECTION 6. In Colorado Revised Statutes, 22-30-122, amend8
(4) as follows:9
22-30-122. Election of school directors in new school districts.10
(4) Any person desiring to be a candidate for the office of director of a11
new school district formed under the provisions of this article
ARTICLE 3012
shall be an eligible elector of the school district and, if directors in such13
new school district are elected under a director district plan of14
representation, a resident of the director district which the candidate seeks15
to represent. Each such candidate shall MUST be nominated in the manner16
otherwise provided by law for school directors. L
IMITS ON17
CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION OF A18
SCHOOL DISTRICT ARE SPECIFIED IN SECTION 1-45-103.7 (1.7). THE19
DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCOR DANCE WITH20
SECTIONS 1-45-108 AND 1-45-109.21
SECTION 7. In Colorado Revised Statutes, 22-31-103, amend22
(1) as follows:23
22-31-103. Board of education to govern conduct of school24
elections - contract with county clerk and recorder. (1) Except as25
otherwise provided in this article
ARTICLE 31, the board of education of26
each school district shall govern the conduct of all school elections in the27
1060
-6- district, shall designate an election official who shall be responsible for1
conducting the election, and shall render all interpretations and make all2
initial decisions as to controversies or other matters arising in the conduct3
of such elections. All elections authorized in this article ARTICLE 31 shall4
be conducted pursuant to the provisions of articles 1 to 13 of title 1.5
C.R.S. LIMITS ON CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF6
EDUCATION OF A SCHOOL DISTRICT ARE SPECIFIED IN SECTION 1-45-103.77
(1.7).
THE DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN8
ACCORDANCE WITH SECTIONS 1-45-108 AND 1-45-109.9
SECTION 8. In Colorado Revised Statutes, 22-31-131, amend10
(1) as follows:11
22-31-131. Election procedures in districts composed of a city12
and county. (1) The regular biennial school election in each school13
district coterminous with a city and county shall be held on the first14
Tuesday in November of each odd-numbered year, shall be conducted and15
supervised by the election commission of the city and county, and shall16
be governed by the provisions of
articles 1 to 13 of title 1. C.R.S. LIMITS17
ON CONTRIBUTIONS TO CANDIDATES FOR THE BOARD OF EDUCATION OF18
SUCH SCHOOL DISTRICT ARE SPECIFIED IN SECTION 1-45-103.7 (1.7). THE19
DISCLOSURE OF SUCH CONTRIBUTIONS IS GOVERNED IN ACCOR DANCE WITH20
SECTIONS 1-45-108 AND 1-45-109.21
SECTION 9. Appropriation. For the 2022-23 state fiscal year,22
$7,500 is appropriated to the department of state for use by the23
information technology division. This appropriation is from the24
department of state cash fund created in section 24-21-104 (3)(b), C.R.S.25
To implement this act, the department may use this appropriation for26
hardware/software maintenance.27
1060
-7- SECTION 10. Effective date - applicability. This act takes1
effect July 1, 2022, and applies to the portion of any election cycle or for2
the portion of the calendar year remaining after said date, and for any3
election cycle or calendar year commencing after said date.4
SECTION 11. Safety clause. The general assembly hereby finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety.7
1060
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