Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-1032.02 Pierce Lively x2059
SENATE BILL 22-237
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PROM OTE INCREASED TRANSPARENCY OF101
FUNDS USED IN BALLOT MEASURE CAMPAIGNS , AND, IN
102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
.)
The bill expands the definition of "earmark" for purposes of the
"Fair Campaign Practices Act" to include contributions or expenditures
greater than $1,000 to support or oppose a specified ballot issue or ballot
question.
Further, the bill modifies the process to determine whether an
SENATE
3rd Reading Unamended
May 5, 2022
SENATE
Amended 2nd Reading
May 4, 2022
SENATE SPONSORSHIP
Fenberg and Holbert, Bridges, Buckner, Danielson, Donovan, Fields, Ginal, Gonzales,
Hansen, Hinrichsen, Jaquez Lewis, Kirkmeyer, Kolker, Lee, Moreno, Pettersen, Priola, Scott,
Simpson, Sonnenberg, Story, Winter, Woodward, Zenzinger
HOUSE SPONSORSHIP
Kennedy and Larson,
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. organization is an issue committee to include an examination of the
organization's pattern of conduct based upon whether the organization:
! During the combined period of the entire preceding and
current calendar years, made either contributions to one or
more Colorado issue committees or direct ballot issue or
ballot question expenditures, in either support of or
opposition to one or more ballot issues or ballot questions,
that exceeded 30% of the total expenditures by the
organization for any purpose and in any location during the
entire preceding and current calendar years;
! During the combined period of the entire preceding and
current calendar years, made either contributions to a single
Colorado issue committee or direct ballot issue or ballot
question expenditures, in either support of or opposition to
a single ballot issue or ballot question, that exceeded 20%
of the total expenditures by the organization for any
purpose and in any location; or
! Acted as an issue committee's funding intermediary by
making contributions to an issue committee from funds
earmarked for the issue committee.
Further, the bill defines "direct ballot issue or ballot question
expenditure" as the spending of over $5,000 in a calendar year in either
support of or opposition to any single ballot issue or ballot question by a
person who does not otherwise meet the requirements of an issue
committee. Any person who makes a direct ballot issue or ballot question
expenditure must report to the secretary of state and must disclose their
name in certain communications about a ballot issue or ballot question.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-45-103, amend2
(7.5) and (12)(b)(II); and add (7.2) as follows:3
1-45-103. Definitions - repeal. As used in this article 45, unless4
the context otherwise requires:5
(7.2) "D
IRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE "6
MEANS DIRECT SPENDING IN
SUPPORT OF OR OPPOSITION TO ANY SINGLE7
BALLOT ISSUE OR BALLOT QUESTION BY A PERSON WHO DOES NOT8
OTHERWISE MEET THE REQUIREMENTS OF AN ISSUE COMMITTEE .9
C
ONTRIBUTIONS TO AN ISSUE COMMITTEE ARE NOT DIRECT BALLOT ISSUE
10
237-2- OR BALLOT QUESTION EXPENDITURES .1
(7.5) "Earmark" means a designation, instruction, or encumbrance2
that directs the transmission and use by the recipient of all or part of a3
donation to a third party for the purpose of making: one or more4
independent expenditures or electioneering communications in excess of5
one thousand dollars.6
(a) I
NDEPENDENT EXPENDITURES GREATER THAN ONE THOUSAND7
DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED CANDIDATE ;8
(b) E
LECTIONEERING COMMUNICATIONS GREATER THAN ONE9
THOUSAND DOLLARS; OR10
(c) C
ONTRIBUTIONS OR EXPENDITURES GREATER THAN ONE11
THOUSAND DOLLARS TO SUPPORT OR OPPOSE A SPECIFIED BALLOT ISSUE OR12
BALLOT QUESTION.13
(12) (b) For purposes of section 2 (10)(a)(I) of article XXVIII of14
the state constitution, "major purpose" means support of or opposition to15
a ballot issue or ballot question that is reflected by:16
(II) An organization's demonstrated pattern of conduct based upon17
its
IT:18
(A) Annual expenditures in support of or opposition to a ballot19
issue or ballot question; or20
(B) Production or funding, or both, of written or broadcast21
communications, or both, in support of or opposition to a ballot issue or22
ballot question.23
(C) D
URING THE COMBINED PERIOD OF THE CURRENT CALENDAR
24
YEAR AND THE PRECEDING TWO CALENDAR YEARS , MAKING EITHER25
CONTRIBUTIONS TO ONE OR MORE STATEWIDE COLORADO ISSUE26
COMMITTEES OR DIRECT BALLOT ISSUE OR BALLOT QUESTION27
237
-3- EXPENDITURES, IN EITHER SUPPORT OF OR OPPOSITION TO ONE OR MORE1
STATEWIDE COLORADO BALLOT ISSUES OR BALLOT QUESTIONS , THAT2
EXCEEDED THIRTY PERCENT OF THE TOTAL DOLLAR AMOUNT OF ALL FUNDS3
SPENT BY THE ORGANIZATION FOR ANY PURPOSE AND IN ANY LOCATION4
DURING THE ENTIRE PRECEDING AND CURRENT CALENDAR YEARS ;5
(D) D
URING THE COMBINED PERIOD OF THE CURRENT CALENDAR
6
YEAR AND THE PRECEDING TWO CALENDAR YEARS , MAKING EITHER7
CONTRIBUTIONS TO A SINGLE STATEWIDE COLORADO ISSUE COMMITTEE OR8
DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURES , IN EITHER9
SUPPORT OF OR OPPOSITION TO A SINGLE STATEWIDE COLORADO BALLOT10
ISSUE OR BALLOT QUESTION, THAT EXCEEDED TWENTY PERCENT OF THE11
TOTAL DOLLAR AMOUNT OF ALL FUNDS SPENT BY THE ORGANIZATION FOR12
ANY PURPOSE AND IN ANY LOCATION ; OR13
(E) A
CTING AS AN ISSUE COMMITTEE'S FUNDING INTERMEDIARY BY14
MAKING CONTRIBUTIONS TO AN ISSUE COMMITTEE FROM FUNDS15
EARMARKED FOR THE ISSUE COMMITTEE .16
SECTION 2. In Colorado Revised Statutes, 1-45-108, add17
(1)(a)(VI) as follows:18
1-45-108. Disclosure - definitions - repeal. (1) (a) (VI) A
NY19
PERSON, AFTER EXPENDING FIVE THOUSAND DOLLARS IN AGGREGATE IN A
20
CALENDAR YEAR ON DIRECT BALLOT ISSUE OR BALLOT QUESTION21
EXPENDITURES, SHALL, FOR EACH ADDITIONAL EXPENDITURE OF ONE22
THOUSAND DOLLARS OR MORE , REPORT TO THE SECRETARY OF STATE IN23
ACCORDANCE WITH THE DISCLOSURE REQUIRED BY THIS SECTION : THE24
AMOUNT OF THE EXPENDITURE , THE PURPOSE FOR WHICH THE25
EXPENDITURE WAS MADE , THE DATE OF THE EXPENDITURE , NAME AND26
ADDRESS OF THE PAYEE, AND THE BALLOT QUESTION OR BALLOT ISSUE27
237
-4- SUPPORTED OR OPPOSED . SUCH A REPORT MUST BE FILED WITH THE1
SECRETARY OF STATE NO LATER THAN FORTY -EIGHT HOURS AFTER THE2
DIRECT BALLOT ISSUE OR BALLOT QUESTION EXPENDITURE WAS MADE .3
SECTION 3. In Colorado Revised Statutes, 1-45-108.3, add (4)4
as follows:5
1-45-108.3. Disclaimer statement - committees - electioneering6
communications - direct ballot issue or ballot question expenditures.7
(4) A
NY PERSON WHO MAKES A DIRECT BALLOT ISSUE OR BALLOT8
QUESTION EXPENDITURE SHALL , PURSUANT TO SECTION 1-45-107.5 (5),9
STATE THEIR NAME IN ANY COMMUNICATION THAT IS BROADCAST ,10
PRINTED, MAILED, OR DELIVERED; PLACED ON A WEBSITE, STREAMING11
MEDIA SERVICE, OR ONLINE FORUM FOR A FEE; OR THAT IS OTHERWISE12
DISTRIBUTED TO PERSONS WHO ARE ELIGIBLE TO VOTE ON THE BALLOT13
ISSUE OR BALLOT QUESTION AND IS PRODUCED OR FUNDED , EITHER IN14
WHOLE OR IN PART, BY THE PERSON WHO MADE THE DIRECT BALLOT ISSUE15
OR BALLOT QUESTION EXPENDITURE .16
SECTION 4. Appropriation. (1)(a) For the 2021-22 state fiscal
17
year, $30,000 is appropriated to the department of state for use by the18
information technology division. This appropriation is from the19
department of state cash fund created in section 24-21-104 (3)(b) C.R.S.20
To implement this act, the department may use this appropriation for21
information technology personal services.22
(b) Any money appropriated in this subsection (1)(a) not expended23
prior to July 1, 2022 is further appropriated to the department for the24
2022-23 state fiscal year for the same purpose.25
(2) For the 2022-23 state fiscal year, $14,309 is appropriated to26
the department of state for use by the election division. This appropriation27
237
-5- is from the department of state cash fund created in section 24-21-1041
(3)(b) C.R.S., and is based on an assumption that the division will require2
an additional 0.3 FTE. To implement this act, the department may use this3
appropriation for personal services.4
SECTION 5. Effective date - applicability. This act takes effect5
upon passage; except that section 2 of this act takes effect September 1,6
2022.7
SECTION 6. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
237
-6-