Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0960.01 Nicole Myers x4326
HOUSE BILL 24-1283
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
Appropriations
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, AND, IN CONNECTION THEREWITH , MAKING AN104
APPROPRIATION.105
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
HOUSE
3rd Reading Unamended
April 25, 2024
HOUSE
Amended 2nd Reading
April 24, 2024
HOUSE SPONSORSHIP
Willford and Marvin, Bacon, Brown, Clifford, Epps, Froelich, Garcia, Jodeh, Joseph,
Kipp, Lindsay, Mabrey, Ortiz, Parenti, Ricks, Rutinel, Vigil, Weissman
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. campaign finance matter, current law requires the complaint to be filed
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 matter8
must be exclusively filed with the clerk of the applicable municipality.9
(10) Municipal complaints. (a) A COMPLAINT ALLEGING THAT A10
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 BE FILED WITH THE CLERK13
1283-2- OF THE APPLICABLE MUNICIPALITY. UNLESS OTHERWISE PROVIDED BY1
LOCAL LAW, A COMPLAINANT MUST FILE THE COMPLAINT IN WRITING, SIGN2
THE COMPLAINT, AND IDENTIFY ONE OR MORE RESPONDENTS. THE3
COMPLAINT SHALL BE FILED AND PROCESSED IN ACCORDANCE WITH LOCAL4
LAW UNLESS REFERRED TO THE SECRETARY AS SPECIFIED IN SUBSECTION5
(10)(c)(I) OR (10)(c)(II) OF THIS SECTION.6
(b) THE CLERK SHALL CONDUCT AN INITIAL REVIEW OF A7
CAMPAIGN FINANCE COMPLAINT WITHIN TEN BUSINESS DAYS OF RECEIVING8
THE COMPLAINT OR WITHIN THE TIME SPECIFIED IN LOCAL LAW TO9
DETERMINE WHETHER THE COMPLAINT SATISFIES THE REQUIREMENTS OF10
SUBSECTION (10)(a) OF THIS SECTION OR THE REQUIREMENTS OF LOCAL11
LAW, AS APPLICABLE. IF, AFTER INITIALLY REVIEWING A COMPLAINT12
PURSUANT TO THIS SUBSECTION (10)(b), THE CLERK DETERMINES THAT A13
COMPLAINT DOES NOT SATISFY THE REQUIREMENTS OF SUBSECTION (10)(a)14
OF THIS SECTION, THE CLERK SHALL DISMISS THE COMPLAINT .15
(c) (I) IF, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE16
COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THE17
CLERK DETERMINES THAT THE COMPLAINT SATISFIES THE REQUIREMENTS18
OF SUBSECTION (10)(a) OF THIS SECTION AND LOCAL LAW, AS APPLICABLE,19
BUT PRESENTS AN ACTUAL OR POTENTIAL CONFLICT FOR THE CLERK OR20
THE CLERK'S STAFF, THE CLERK SHALL REFER THE COMPLAINT TO THE21
SECRETARY, IN A FORM AND MANNER DETERMINED BY THE SECRETARY,22
WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE23
MUNICIPALITY HAS ADOPTED AN ORDINANCE THAT AUTHORIZES THE24
MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE25
SECRETARY BASED ON AN ACTUAL OR POTENTIAL CONFLICT OF THE CLERK26
OR THE CLERK'S STAFF, AS DETERMINED IN WRITING BY THE CLERK . 27
1283
-3- (II) IF THE CLERK OF A STATUTORY MUNICIPALITY THAT DOES NOT1
HAVE A CAMPAIGN FINANCE COMPLAINT AND HEARING PROCESS2
DETERMINES, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE3
COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THAT A4
COMPLAINT SATISFIES THE REQUIREMENTS OF SUBSECTION (10)(a) OF THIS5
SECTION, THE CLERK SHALL REFER THE COMPLAINT TO THE SECRETARY, IN6
A FORM AND MANNER DETERMINED BY THE SECRETARY , WITHIN FOURTEEN7
BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE MUNICIPALITY HAS8
ADOPTED AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER9
A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY BECAUSE THE10
MUNICIPALITY DOES NOT HAVE A CAMPAIGN FINANCE COMPLAINT AND11
HEARING PROCESS.12
(d) TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE13
SECRETARY PURSUANT TO THIS SUBSECTION (10), A MUNICIPALITY MUST14
HAVE AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER15
SUCH A COMPLAINT TO THE SECRETARY AND MUST PROVIDE A COPY OF THE16
ORDINANCE TO THE SECRETARY. A MUNICIPALITY IS NOT AUTHORIZED TO17
REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT18
TO THIS SUBSECTION (10) FOR AN ELECTION THAT IS FEWER THAN ONE19
HUNDRED AND EIGHTY DAYS AFTER THE ORDINANCE IS PROVIDED TO THE20
SECRETARY. A MUNICIPAL ORDINANCE THAT AUTHORIZES THE A21
MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE22
SECRETARY MUST:23
(I) AUTHORIZE THE SECRETARY TO USE THE PROVISIONS OF24
SUBSECTIONS (3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND25
RESOLVE THE CAMPAIGN FINANCE COMPLAINT; EXCEPT THAT THE26
DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED27
1283
-4- PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION SHALL CONSIDER THE1
TIME FOR FILING A COMPLAINT UNDER LOCAL LAW ;2
(II) PERMIT THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO3
MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE4
COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN, BY THE EXERCISE5
OF REASONABLE DILIGENCE, OF THE ALLEGED VIOLATION;6
(III) REQUIRE THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO7
BE IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED8
BY THE SECRETARY, INCLUDING IDENTIFICATION OF ONE OR MORE9
RESPONDENTS AND INCLUDING THE INFORMATION REQUIRED TO BE10
PROVIDED ON THE FORM;11
(IV) DIRECT THE MUNICIPALITY TO COOPERATE WITH THE12
SECRETARY IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN13
FINANCE COMPLAINT; AND14
(V) DISCLAIM ANY INTEREST OF THE MUNICIPALITY IN FINES15
COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE16
COMPLAINT.17
(e) UPON DISMISSING A COMPLAINT OR REFERRING A COMPLAINT18
TO THE SECRETARY PURSUANT TO THIS SECTION, THE CLERK SHALL NOTIFY19
THE COMPLAINANT OF THE CLERK'S ACTION BY E-MAIL OR BY REGULAR20
MAIL IF E-MAIL IS UNAVAILABLE.21
(f) A MUNICIPALITY MUST COOPERATE WITH THE SECRETARY IN22
THE REVIEW, INVESTIGATION, AND DETERMINATION OF ANY CAMPAIGN23
FINANCE COMPLAINT REFERRED TO THE SECRETARY PURSUANT TO THIS24
SECTION.25
(g) IF THE SECRETARY RECEIVES A CAMPAIGN FINANCE COMPLAINT26
REFERRED BY A CLERK PURSUANT TO SUBSECTION (10)(c)(I) OR (10)(c)(II)27
1283
-5- OF THIS SECTION, THE SECRETARY SHALL DEEM THE COMPLAINT FILED1
PURSUANT TO SUBSECTION (2) OF THIS SECTION ON THE DATE OF RECEIPT2
FROM THE CLERK, AND THE SECRETARY SHALL ENSURE THAT THE3
COMPLAINT IS ADDRESSED IN ACCORDANCE WITH THE REQUIREMENTS OF4
THIS SECTION. THE DETERMINATION THAT A CONFLICT EXISTS IS NOT5
REVIEWABLE BY THE SECRETARY .6
(h) THE SECRETARY SHALL APPLY THE SUBSTANTIVE PROVISIONS7
OF A HOME RULE MUNICIPALITY'S LOCAL LAW IN PROCESSING,8
INVESTIGATING, AND RESOLVING A CAMPAIGN FINANCE COMPLAINT9
REFERRED TO THE SECRETARY PURSUANT TO THIS SECTION .10
(i) ALL FINES COLLECTED IN CONNECTION WITH A REFERRED11
CAMPAIGN FINANCE COMPLAINT ARE PAYABLE TO THE SECRETARY .12
(j) THE ADOPTION OF A LOCAL LAW AUTHORIZING THE REFERRAL13
OF A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO14
THIS SECTION IS NOT A WAIVER OF THE APPLICATION OF ANY PROVISIONS15
OF ARTICLE XX OR XXVIII OF THE STATE CONSTITUTION OR SECTION16
1-45-116. NOTHING IN THIS SUBSECTION (10) REQUIRES A MUNICIPALITY17
TO REPEAL AN ORDINANCE OR RESOLUTION ESTABLISHING A CAMPAIGN18
FINANCE COMPLAINT AND HEARING PROCESS .19
(k) AS USED IN THIS SUBSECTION (10):20
(I) "CONFLICT" MEANS THE ACTUAL OR REASONABLY PERCEIVED21
INABILITY TO PROCESS A CAMPAIGN FINANCE COMPLAINT OR IMPOSE A22
REMEDY IN A FAIR AND IMPARTIAL MANNER, INCLUDING AN ACTUAL OR23
REASONABLY PERCEIVED BIAS OR OTHER FACTORS THAT MAY IMPACT THE24
INDEPENDENCE OF THE DECISION-MAKER REGARDING THE COMPLAINANT25
OR A CANDIDATE.26
(II) "CLERK" MEANS THE CLERK OF A MUNICIPALITY OR THE27
1283
-6- PERSON OR ENTITY DESIGNATED TO REVIEW CAMPAIGN FINANCE1
COMPLAINTS UNDER A LOCAL LAW .2
(III) "LOCAL LAW" MEANS A MUNICIPAL CHARTER, ORDINANCE, OR3
RESOLUTION THAT ADDRESS THE MATTERS COVERED BY ARTICLE XXVIII4
OF THE STATE CONSTITUTION AND THIS ARTICLE 45.5
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal6
year, $170,723 is appropriated to the department of state. This7
appropriation is from the department of state cash fund created in section8
24-21-104 (3)(b), C.R.S. To implement this act, the department may use9
this appropriation as follows: 10
(a) $27,669 for use by the administration division for personal11
services, which amount is based on an assumption that the division will12
require an additional 0.2 FTE;13
(b) $100 for use by the administration division for operating14
expenses;15
(c) $120,356 for use by the elections division for personal16
services, which amount is based on an assumption that the division will17
require an additional 2.0 FTE;18
(d) $15,950 for use by the elections division for operating19
expenses; and20
(e) $6,648 for use by the information technology division for21
operating expenses.22
SECTION 3. Act subject to petition - effective date -23
applicability. (1) This act takes effect at 12:01 a.m. on the day following24
the expiration of the ninety-day period after final adjournment of the25
general assembly; except that, if a referendum petition is filed pursuant26
to section 1 (3) of article V of the state constitution against this act or an27
1283
-7- item, section, or part of this act within such period, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2024 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
(2) This act applies to municipal campaign finance complaints6
filed on or after the applicable effective date of this act.7
1283
-8-