Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0960.01 Nicole Myers x4326
HOUSE BILL 24-1283
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT THE SECRETARY OF STATE101
REVIEW A CAMPAIGN FINANCE COMPLAINT THAT ARISES OUT OF102
A MUNICIPAL CAMPAIGN FINANCE MATTER UNDER CERTAIN103
CIRCUMSTANCES.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
.)
If a person wants to file a complaint for a campaign finance
violation (complaint) and the complaint arises out of a municipal
campaign finance matter, current law requires the complaint to be filed
HOUSE SPONSORSHIP
Willford and Marvin,
SENATE SPONSORSHIP
Mullica,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. with the clerk of the applicable municipality (clerk) rather than with the
secretary of state (secretary). The bill allows a clerk to refer a complaint
that arises out of a municipal campaign finance matter to the secretary if
the municipality in which the complaint was filed:
! Does not have a campaign finance complaint ordinance and
hearing process in place; or
! Does have a campaign finance complaint ordinance and
hearing process in place but the clerk determines that the
clerk's review of the complaint would create a conflict of
interest for the clerk or the clerk's staff.
Before referring a complaint to the secretary, a clerk is required to
review the complaint to determine if it was filed in writing, signed by the
complainant, and identifies one or more respondents. If the complaint
does not satisfy these 3 criteria, the clerk is required to dismiss it, and if
it does, the clerk is required to refer it to the secretary. The secretary is
required to treat a complaint referred by a clerk in the same manner as any
other complaint filed with the secretary.
A clerk is required to provide notice to a person who files a
complaint if the clerk dismisses the complaint or refers the complaint to
the secretary.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-45-111.7, repeal2
(9)(b); and add (10) as follows:3
1-45-111.7. Campaign finance complaints - initial review -4
curing violations - investigation and enforcement - hearings -5
advisory opinions - document review - collection of debts resulting6
from campaign finance penalties - definitions. (9) Debt collection.7
(b) Any complaint arising out of a municipal campaign finance matter
8
must be exclusively filed with the clerk of the applicable municipality.9
(10) Municipal complaints. (a) A
PERSON WHO BELIEVES THAT10
A VIOLATION OF ARTICLE XXVIII OF THE STATE CONSTITUTION, THIS11
ARTICLE 45, OR THE RULES HAS OCCURRED IN CONNECTION WITH A12
MUNICIPAL CAMPAIGN FINANCE MATTER MUST FILE A COMPLAINT WITH13
THE CLERK OF THE APPLICABLE MUNICIPALITY. A COMPLAINANT MUST FILE14
HB24-1283-2- THE COMPLAINT IN WRITING, SIGN THE COMPLAINT, AND IDENTIFY ONE OR1
MORE RESPONDENTS. THE CLERK OF THE APPLICABLE MUNICIPALITY SHALL2
HEAR THE COMPLAINT IN ACCORDANCE WITH THE MUNICIPALITY 'S3
CAMPAIGN FINANCE COMPLAINT ORDINANCE AND HEARING PROCESS ;4
EXCEPT THAT A CLERK SHALL REFER A COMPLAINT TO THE SECRETARY5
UNDER THE CIRCUMSTANCES SPECIFIED IN SUBSECTION (10)(c)(II) OF THIS6
SECTION.7
(b) (I) I
F A CAMPAIGN FINANCE COMPLAINT IS FILED WITH THE8
CLERK OF A MUNICIPALITY PURSUANT TO SUBSECTION (10)(a) OF THIS9
SECTION AND THE MUNICIPALITY DOES NOT HAVE A CAMPAIGN FINANCE10
COMPLAINT ORDINANCE AND HEARING PROCESS IN PLACE , THE CLERK11
SHALL CONDUCT AN INITIAL REVIEW OF THE COMPLAINT WITHIN TEN12
BUSINESS DAYS OF RECEIVING THE COMPLAINT TO DETERMINE WHETHER13
THE COMPLAINT WAS FILED IN WRITING , SIGNED BY THE COMPLAINANT ,14
AND IDENTIFIES ONE OR MORE RESPONDENTS . AFTER CONDUCTING THE15
INITIAL REVIEW, THE CLERK SHALL EITHER DISMISS THE COMPLAINT OR16
REFER THE COMPLAINT TO THE SECRETARY PURSUANT TO SUBSECTION17
(10)(c)
OF THIS SECTION.18
(II) I
F A CAMPAIGN FINANCE COMPLAINT IS FILED WITH THE CLERK19
OF A MUNICIPALITY PURSUANT TO SUBSECTION (10)(a) OF THIS SECTION20
AND THE MUNICIPALITY HAS A CAMPAIGN FINANCE COMPLAINT21
ORDINANCE AND HEARING PROCESS IN PLACE BUT THE CLERK DETERMINES22
THAT THE CLERK'S REVIEW OF THE COMPLAINT WOULD CREATE A CONFLICT23
OF INTEREST FOR THE CLERK OR THE CLERK 'S STAFF, THE CLERK SHALL24
CONDUCT AN INITIAL REVIEW OF THE COMPLAINT WITHIN TEN BUSINESS25
DAYS OF RECEIVING THE COMPLAINT TO DETERMINE WHETHER THE26
COMPLAINT WAS FILED IN WRITING, SIGNED BY THE COMPLAINANT, AND27
HB24-1283
-3- IDENTIFIES ONE OR MORE RESPONDENTS. AFTER CONDUCTING THE INITIAL1
REVIEW, THE CLERK SHALL EITHER DISMISS THE COMPLAINT OR REFER THE2
COMPLAINT TO THE SECRETARY PURSUANT TO SUBSECTION (10)(c) OF THIS3
SECTION.4
(c) (I) I
F, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE5
COMPLAINT PURSUANT TO SUBSECTION (10)(b)(I) OR (10)(b)(II) OF THIS6
SECTION, THE CLERK DETERMINES THAT A COMPLAINT WAS NOT FILED IN7
WRITING, NOT SIGNED BY THE COMPLAINANT, OR DOES NOT IDENTIFY ONE8
OR MORE RESPONDENTS, THE CLERK SHALL DISMISS THE COMPLAINT .9
(II) I
F, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE10
COMPLAINT PURSUANT TO SUBSECTION (10)(b)(I) OR (10)(b)(II) OF THIS11
SECTION, THE CLERK DETERMINES THAT A COMPLAINT WAS FILED IN12
WRITING, SIGNED BY THE COMPLAINANT, AND IDENTIFIES ONE OR MORE13
RESPONDENTS, THE CLERK SHALL REFER THE COMPLAINT TO THE14
SECRETARY, IN A FORM AND MANNER DETERMINED BY THE SECRETARY ,15
WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT . IF THE16
SECRETARY RECEIVES A COMPLAINT REFERRED BY A CLERK PURSUANT TO17
THIS SUBSECTION (10)(c)(II), THE SECRETARY SHALL DEEM THE18
COMPLAINT FILED PURSUANT TO SUBSECTION (2) OF THIS SECTION ON THE19
DATE OF RECEIPT FROM THE CLERK, AND THE SECRETARY SHALL ENSURE20
THAT THE COMPLAINT IS ADDRESSED IN ACCORDANCE WITH THE21
REQUIREMENTS OF THIS SECTION.22
(d) U
PON DISMISSING A COMPLAINT PURSUANT TO SUBSECTION23
(10)(c)(I)
OF THIS SECTION OR REFERRING A COMPLAINT TO THE24
SECRETARY PURSUANT TO SUBSECTION (1)(c)(II) OF THIS SECTION, THE25
CLERK SHALL NOTIFY THE PERSON WHO FILED THE COMPLAINT OF THE26
CLERK'S ACTION BY E-MAIL OR BY REGULAR MAIL IF E -MAIL IS27
HB24-1283
-4- UNAVAILABLE.1
SECTION 2. Act subject to petition - effective date -2
applicability. (1) This act takes effect at 12:01 a.m. on the day following3
the expiration of the ninety-day period after final adjournment of the4
general assembly; except that, if a referendum petition is filed pursuant5
to section 1 (3) of article V of the state constitution against this act or an6
item, section, or part of this act within such period, then the act, item,7
section, or part will not take effect unless approved by the people at the8
general election to be held in November 2024 and, in such case, will take9
effect on the date of the official declaration of the vote thereon by the10
governor.11
(2) This act applies to municipal campaign finance complaints12
filed on or after the applicable effective date of this act.13
HB24-1283
-5-