Colorado 2024 Regular Session

Colorado House Bill HB1283 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0960.01 Nicole Myers x4326
1	8		HOUSE BILL 24-1283
2		-	BY REPRESENTATIVE(S) Willford and Marvin, Bacon, Brown, Clifford,
3		-	Epps, Froelich, Garcia, Jodeh, Joseph, Kipp, Lindsay, Mabrey, Ortiz,
4		-	Parenti, Ricks, Rutinel, Vigil, Weissman;
5		-	also SENATOR(S) Mullica, Cutter, Exum, Hansen, Hinrichsen, Priola,
6		-	Winter F.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING A REQUIREMENT THAT THE SECRETARY OF STATE REVIEW A
9		-	CAMPAIGN FINANCE COMPLAINT THAT ARISES OUT OF A MUNICIPAL
10		-	CAMPAIGN FINANCE MATTER UNDER CERTAIN CIRCUMSTANCES
11		-	, AND,
12		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 1-45-111.7, repeal
16		-	(9)(b); and add (10) as follows:
17		-	1-45-111.7. Campaign finance complaints - initial review -
18		-	curing violations - investigation and enforcement - hearings - advisory
19		-	opinions - document review - collection of debts resulting from
20		-	campaign finance penalties - definitions. (9) Debt collection. (b) Any
21		-	complaint arising out of a municipal campaign finance matter must be
22		-	exclusively filed with the clerk of the applicable municipality.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (10) Municipal complaints. (a) A COMPLAINT ALLEGING THAT A
31		-	VIOLATION OF ARTICLE
32		-	XXVIII OF THE STATE CONSTITUTION, THIS ARTICLE
33		-	45, OR THE RULES HAS OCCURRED IN CONNECTION WITH A MUNICIPAL
34		-	CAMPAIGN FINANCE MATTER MUST BE FILED WITH THE CLERK OF THE
35		-	APPLICABLE MUNICIPALITY
36		-	. UNLESS OTHERWISE PROVIDED BY LOCAL LAW ,
37		-	A COMPLAINANT MUST FILE THE COMPLAINT IN WRITING , SIGN THE
38		-	COMPLAINT
39		-	, AND IDENTIFY ONE OR MORE RESPONDENTS . THE COMPLAINT
40		-	SHALL BE FILED AND PROCESSED IN ACCORDANCE WITH LOCAL LAW UNLESS
41		-	REFERRED TO THE SECRETARY AS SPECIFIED IN SUBSECTION
42		-	(10)(c)(I) OR
43		-	(10)(c)(II) OF THIS SECTION.
44		-	(b) T
45		-	HE CLERK SHALL CONDUCT AN INITIAL REVIEW OF A CAMPAIGN
46		-	FINANCE COMPLAINT WITHIN TEN BUSINESS DAYS OF RECEIVING THE
47		-	COMPLAINT OR WITHIN THE TIME SPECIFIED IN LOCAL LAW TO DETERMINE
48		-	WHETHER THE COMPLAINT SATISFIES THE REQUIREMENTS OF SUBSECTION
49		-	(10)(a) OF THIS SECTION OR THE REQUIREMENTS OF LOCAL LAW , AS
50		-	APPLICABLE
51		-	. IF, AFTER INITIALLY REVIEWING A COMPLAINT PURSUANT TO
52		-	THIS SUBSECTION
53		-	(10)(b), THE CLERK DETERMINES THAT A COMPLAINT DOES
54		-	NOT SATISFY THE REQUIREMENTS OF SUBSECTION
55		-	(10)(a) OF THIS SECTION,
56		-	THE CLERK SHALL DISMISS THE COMPLAINT .
57		-	(c) (I) I
58		-	F, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE
59		-	COMPLAINT PURSUANT TO SUBSECTION
60		-	(10)(b) OF THIS SECTION, THE CLERK
61		-	DETERMINES THAT THE COMPLAINT SATISFIES THE REQUIREMENTS OF
62		-	SUBSECTION
63		-	(10)(a) OF THIS SECTION AND LOCAL LAW, AS APPLICABLE, BUT
64		-	PRESENTS AN ACTUAL OR POTENTIAL CONFLICT FOR THE CLERK OR THE
65		-	CLERK
66		-	'S STAFF, THE CLERK SHALL REFER THE COMPLAINT TO THE
67		-	SECRETARY
68		-	, IN A FORM AND MANNER DETERMINED BY THE SECRETARY ,
69		-	WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE
70		-	MUNICIPALITY HAS ADOPTED AN ORDI NANCE THAT AUTHORIZES THE
71		-	MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE
72		-	SECRETARY BASED ON AN ACTUAL OR POTENTIAL CONFLICT OF THE CLERK
73		-	OR THE CLERK
74		-	'S STAFF, AS DETERMINED IN WRITING BY THE CLERK .
75		-	(II) IF THE CLERK OF A STATUTORY MUNICIPALITY THAT DOES NOT
76		-	HAVE A CAMPAIGN FI NANCE COMPLAINT AND HEARING PROCESS
77		-	DETERMINES
78		-	, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE COMPLAINT
79		-	PURSUANT TO SUBSECTION
80		-	(10)(b) OF THIS SECTION, THAT A COMPLAINT
81		-	SATISFIES THE REQUIREMENTS OF SUBSECTION
82		-	(10)(a) OF THIS SECTION, THE
83		-	PAGE 2-HOUSE BILL 24-1283 CLERK SHALL REFER THE COMPLAINT TO THE SECRETARY , IN A FORM AND
84		-	MANNER DETERMINED BY THE SECRETARY
85		-	, WITHIN FOURTEEN BUSINESS
86		-	DAYS OF RECEIVING THE COMPLAINT IF THE MUNICIPALITY HAS ADOPTED AN
87		-	ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER A CAMPAIGN
88		-	FINANCE COMPLAINT TO THE SECRETARY BECAUSE THE MUNICIPALITY DOES
89		-	NOT HAVE A CAMPAIGN FINANCE COMPLAINT AND HEARING PROCESS
90		-	.
91		-	(d) T
92		-	O REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY
93		-	PURSUANT TO THIS SUBSECTION
94		-	(10), A MUNICIPALITY MUST HAVE AN
95		-	ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER SUCH A
96		-	COMPLAINT TO THE SECRETARY AND MUST PROVIDE A COPY OF THE
97		-	ORDINANCE TO THE SECRETARY
98		-	. A MUNICIPALITY IS NOT AUTHORIZED TO
99		-	REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO
100		-	THIS SUBSECTION
101		-	(10) FOR AN ELECTION THAT IS FEWER THAN ONE HUNDRED
102		-	AND EIGHTY DAYS AFTER THE ORDINANCE IS PROVIDED TO THE SECRETARY
103		-	.
104		-	A
105		-	MUNICIPAL ORDINANCE THAT AUTHORIZES THE A MUNICIPALITY TO REFER
106		-	A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY MUST
107		-	:
108		-	(I) A
109		-	UTHORIZE THE SECRETARY TO USE THE PROVISIONS OF
110		-	SUBSECTIONS
111		-	(3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND
112		-	RESOLVE THE CAMPAIGN FINANCE COMPLAINT
113		-	; EXCEPT THAT THE
114		-	DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED PURSUANT
115		-	TO SUBSECTION
116		-	(3)(a)(I) OF THIS SECTION SHALL CONSIDER THE TIME FOR
117		-	FILING A COMPLAINT UNDER LOCAL LAW
118		-	;
119		-	(II) P
120		-	ERMIT THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO
121		-	MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE
122		-	COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN
123		-	, BY THE EXERCISE OF
124		-	REASONABLE DILIGENCE
125		-	, OF THE ALLEGED VIOLATION;
126		-	(III) R
127		-	EQUIRE THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO BE
128		-	IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED BY THE
129		-	SECRETARY
130		-	, INCLUDING IDENTIFICATION OF ONE OR MORE RESPONDENTS
131		-	AND INCLUDING THE INFORMATION REQUIRED TO BE PROVIDED ON THE FORM
132		-	;
133		-	(IV) D
134		-	IRECT THE MUNICIPALITY TO COOPERATE WITH THE
135		-	SECRETARY IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN
136		-	FINANCE COMPLAINT
137		-	; AND
138		-	(V) DISCLAIM ANY INTEREST OF THE MUNICIPALITY IN FINES
139		-	PAGE 3-HOUSE BILL 24-1283 COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE
140		-	COMPLAINT
141		-	.
142		-	(e) U
143		-	PON DISMISSING A COMPLAINT OR REFERRING A COMPLAINT TO
144		-	THE SECRETARY PURSUANT TO THIS SECTION
145		-	, THE CLERK SHALL NOTIFY THE
146		-	COMPLAINANT OF THE CLERK
147		-	'S ACTION BY E-MAIL OR BY REGULAR MAIL IF
148		-	E
149		-	-MAIL IS UNAVAILABLE.
150		-	(f) A
151		-	MUNICIPALITY MUST COOPERATE WITH THE SECRETARY IN THE
152		-	REVIEW
153		-	, INVESTIGATION, AND DETERMINATION OF ANY CAMPAIGN FINANCE
154		-	COMPLAINT REFERRED TO THE SECRETARY PURSUANT TO THIS SECTION
155		-	.
156		-	(g) I
157		-	F THE SECRETARY RECEIVES A CAMPAIGN FINANCE COMPLAINT
158		-	REFERRED BY A CLERK PURSUANT TO SUBSECTION
159		-	(10)(c)(I) OR (10)(c)(II)
160		-	OF THIS SECTION, THE SECRETARY SHALL DEEM THE COMPLAINT FILED
161		-	PURSUANT TO SUBSECTION
162		-	(2) OF THIS SECTION ON THE DATE OF RECEIPT
163		-	FROM THE CLERK
164		-	, AND THE SECRETARY SHALL ENSURE THAT THE COMPLAINT
165		-	IS ADDRESSED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
166		-	.
167		-	T
168		-	HE DETERMINATION THAT A CONFLICT EXISTS IS NOT REVIEWABLE BY THE
169		-	SECRETARY
170		-	.
171		-	(h) T
172		-	HE SECRETARY SHALL APPLY THE SUBSTANTIVE PROVISIONS OF
173		-	A HOME RULE MUNICIPALITY
174		-	'S LOCAL LAW IN PROCESSING, INVESTIGATING,
175		-	AND RESOLVING A CAMPAIGN FI NANCE COMPLAINT REFERRED TO THE
176		-	SECRETARY PURSUANT TO THIS SECTION
177		-	.
178		-	(i) A
179		-	LL FINES COLLECTED IN CONNECTION WITH A REFERRED
180		-	CAMPAIGN FINANCE COMPLAINT ARE PAYABLE TO THE SECRETARY
181		-	.
182		-	(j) T
183		-	HE ADOPTION OF A LOCAL LAW AUTHORIZING THE REFERRAL OF
184		-	A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO THIS
185		-	SECTION IS NOT A WAIVER OF THE APPLICATION OF ANY PROVISIONS OF
186		-	ARTICLE
187		-	XX OR XXVIII OF THE STATE CONSTITUTION OR SECTION 1-45-116.
188		-	N
189		-	OTHING IN THIS SUBSECTION (10) REQUIRES A MUNICIPALITY TO REPEAL AN
190		-	ORDINANCE OR RESOLUTION ESTABLISHING A CAMPAIGN FINANCE
191		-	COMPLAINT AND HEARING PROCESS
192		-	.
193		-	(k) A
194		-	S USED IN THIS SUBSECTION (10):
195		-	(I) "C
196		-	ONFLICT" MEANS THE ACTUAL OR REASONABLY PERCEIVED
197		-	PAGE 4-HOUSE BILL 24-1283 INABILITY TO PROCESS A CAMPAIGN FINANCE COMPLAINT OR IMPOSE A
198		-	REMEDY IN A FAIR AND IMPARTIAL MANNER
199		-	, INCLUDING AN ACTUAL OR
200		-	REASONABLY PERCEIVED BIAS OR OTHER FACTORS THAT MAY IMPACT THE
201		-	INDEPENDENCE OF THE DECISION
202		-	-MAKER REGARDING THE COMPLAINANT OR
203		-	A CANDIDATE
204		-	.
205		-	(II) "C
206		-	LERK" MEANS THE CLERK OF A MUNICIPALITY OR THE PERSON
207		-	OR ENTITY DESIGNATED TO REVIEW CAMPAIGN FINANCE COMPLAINTS UNDER
208		-	A LOCAL LAW
209		-	.
210		-	(III) "L
211		-	OCAL LAW" MEANS A MUNICIPAL CHARTER, ORDINANCE, OR
212		-	RESOLUTION THAT ADDRESS THE MATTERS COVERED BY ARTICLE
213		-	XXVIII OF
214		-	THE STATE CONSTITUTION AND THIS ARTICLE
215		-	45.
216		-	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
217		-	$170,723 is appropriated to the department of state. This appropriation is
218		-	from the department of state cash fund created in section 24-21-104 (3)(b),
219		-	C.R.S. To implement this act, the department may use this appropriation as
220		-	follows:
221		-	(a) $27,669 for use by the administration division for personal
222		-	services, which amount is based on an assumption that the division will
223		-	require an additional 0.2 FTE;
224		-	(b) $100 for use by the administration division for operating
225		-	expenses;
226		-	(c) $120,356 for use by the elections division for personal services,
227		-	which amount is based on an assumption that the division will require an
228		-	additional 2.0 FTE;
229		-	(d) $15,950 for use by the elections division for operating expenses;
230		-	and
231		-	(e) $6,648 for use by the information technology division for
232		-	operating expenses.
233		-	SECTION 3. Act subject to petition - effective date -
234		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
235		-	the expiration of the ninety-day period after final adjournment of the
236		-	PAGE 5-HOUSE BILL 24-1283 general assembly; except that, if a referendum petition is filed pursuant to
237		-	section 1 (3) of article V of the state constitution against this act or an item,
238		-	section, or part of this act within such period, then the act, item, section, or
239		-	part will not take effect unless approved by the people at the general
240		-	election to be held in November 2024 and, in such case, will take effect on
241		-	the date of the official declaration of the vote thereon by the governor.
242		-	(2) This act applies to municipal campaign finance complaints filed
243		-	on or after the applicable effective date of this act.
244		-	____________________________ ____________________________
245		-	Julie McCluskie Steve Fenberg
246		-	SPEAKER OF THE HOUSE PRESIDENT OF
247		-	OF REPRESENTATIVES THE SENATE
248		-	____________________________ ____________________________
249		-	Robin Jones Cindi L. Markwell
250		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
251		-	OF REPRESENTATIVES THE SENATE
252		-	APPROVED________________________________________
253		-	(Date and Time)
254		-	_________________________________________
255		-	Jared S. Polis
256		-	GOVERNOR OF THE STATE OF COLORADO
257		-	PAGE 6-HOUSE BILL 24-1283
	14	+	ONCERNING A REQUIREMENT THAT THE SECRETARY OF STATE101
	15	+	REVIEW A CAMPAIGN FINANCE COMPLAINT THAT ARISES OUT OF102
	16	+	A MUNICIPAL CAMPAIGN FINANCE MATTER UNDER CERTAIN103
	17	+	CIRCUMSTANCES, AND, IN CONNECTION THEREWITH , MAKING AN104
	18	+	APPROPRIATION.105
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	If a person wants to file a complaint for a campaign finance
	27	+	violation (complaint) and the complaint arises out of a municipal
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	May 3, 2024
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	May 2, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 25, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 24, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Willford and Marvin, Bacon, Brown, Clifford, Epps, Froelich, Garcia, Jodeh, Joseph,
	42	+	Kipp, Lindsay, Mabrey, Ortiz, Parenti, Ricks, Rutinel, Vigil, Weissman
	43	+	SENATE SPONSORSHIP
	44	+	Mullica, Cutter, Exum, Hansen, Hinrichsen, Priola, Winter F.
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. campaign finance matter, current law requires the complaint to be filed
	48	+	with the clerk of the applicable municipality (clerk) rather than with the
	49	+	secretary of state (secretary). The bill allows a clerk to refer a complaint
	50	+	that arises out of a municipal campaign finance matter to the secretary if
	51	+	the municipality in which the complaint was filed:
	52	+	! Does not have a campaign finance complaint ordinance and
	53	+	hearing process in place; or
	54	+	! Does have a campaign finance complaint ordinance and
	55	+	hearing process in place but the clerk determines that the
	56	+	clerk's review of the complaint would create a conflict of
	57	+	interest for the clerk or the clerk's staff.
	58	+	Before referring a complaint to the secretary, a clerk is required to
	59	+	review the complaint to determine if it was filed in writing, signed by the
	60	+	complainant, and identifies one or more respondents. If the complaint
	61	+	does not satisfy these 3 criteria, the clerk is required to dismiss it, and if
	62	+	it does, the clerk is required to refer it to the secretary. The secretary is
	63	+	required to treat a complaint referred by a clerk in the same manner as any
	64	+	other complaint filed with the secretary.
	65	+	A clerk is required to provide notice to a person who files a
	66	+	complaint if the clerk dismisses the complaint or refers the complaint to
	67	+	the secretary.
	68	+	Be it enacted by the General Assembly of the State of Colorado:1
	69	+	SECTION 1. In Colorado Revised Statutes, 1-45-111.7, repeal2
	70	+	(9)(b); and add (10) as follows:3
	71	+	1-45-111.7. Campaign finance complaints - initial review -4
	72	+	curing violations - investigation and enforcement - hearings -5
	73	+	advisory opinions - document review - collection of debts resulting6
	74	+	from campaign finance penalties - definitions. (9) Debt collection.7
	75	+	(b) Any complaint arising out of a municipal campaign finance matter8
	76	+	must be exclusively filed with the clerk of the applicable municipality.9
	77	+	(10) Municipal complaints. (a) A COMPLAINT ALLEGING THAT A10
	78	+	VIOLATION OF ARTICLE XXVIII OF THE STATE CONSTITUTION, THIS11
	79	+	ARTICLE 45, OR THE RULES HAS OCCURRED IN CONNECTION WITH A12
	80	+	MUNICIPAL CAMPAIGN FINANCE MATTER MUST BE FILED WITH THE CLERK13
	81	+	1283-2- OF THE APPLICABLE MUNICIPALITY. UNLESS OTHERWISE PROVIDED BY1
	82	+	LOCAL LAW, A COMPLAINANT MUST FILE THE COMPLAINT IN WRITING, SIGN2
	83	+	THE COMPLAINT, AND IDENTIFY ONE OR MORE RESPONDENTS. THE3
	84	+	COMPLAINT SHALL BE FILED AND PROCESSED IN ACCORDANCE WITH LOCAL4
	85	+	LAW UNLESS REFERRED TO THE SECRETARY AS SPECIFIED IN SUBSECTION5
	86	+	(10)(c)(I) OR (10)(c)(II) OF THIS SECTION.6
	87	+	(b) THE CLERK SHALL CONDUCT AN INITIAL REVIEW OF A7
	88	+	CAMPAIGN FINANCE COMPLAINT WITHIN TEN BUSINESS DAYS OF RECEIVING8
	89	+	THE COMPLAINT OR WITHIN THE TIME SPECIFIED IN LOCAL LAW TO9
	90	+	DETERMINE WHETHER THE COMPLAINT SATISFIES THE REQUIREMENTS OF10
	91	+	SUBSECTION (10)(a) OF THIS SECTION OR THE REQUIREMENTS OF LOCAL11
	92	+	LAW, AS APPLICABLE. IF, AFTER INITIALLY REVIEWING A COMPLAINT12
	93	+	PURSUANT TO THIS SUBSECTION (10)(b), THE CLERK DETERMINES THAT A13
	94	+	COMPLAINT DOES NOT SATISFY THE REQUIREMENTS OF SUBSECTION (10)(a)14
	95	+	OF THIS SECTION, THE CLERK SHALL DISMISS THE COMPLAINT .15
	96	+	(c) (I) IF, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE16
	97	+	COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THE17
	98	+	CLERK DETERMINES THAT THE COMPLAINT SATISFIES THE REQUIREMENTS18
	99	+	OF SUBSECTION (10)(a) OF THIS SECTION AND LOCAL LAW, AS APPLICABLE,19
	100	+	BUT PRESENTS AN ACTUAL OR POTENTIAL CONFLICT FOR THE CLERK OR20
	101	+	THE CLERK'S STAFF, THE CLERK SHALL REFER THE COMPLAINT TO THE21
	102	+	SECRETARY, IN A FORM AND MANNER DETERMINED BY THE SECRETARY,22
	103	+	WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE23
	104	+	MUNICIPALITY HAS ADOPTED AN ORDINANCE THAT AUTHORIZES THE24
	105	+	MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE25
	106	+	SECRETARY BASED ON AN ACTUAL OR POTENTIAL CONFLICT OF THE CLERK26
	107	+	OR THE CLERK'S STAFF, AS DETERMINED IN WRITING BY THE CLERK . 27
	108	+	1283
	109	+	-3- (II) IF THE CLERK OF A STATUTORY MUNICIPALITY THAT DOES NOT1
	110	+	HAVE A CAMPAIGN FINANCE COMPLAINT AND HEARING PROCESS2
	111	+	DETERMINES, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE3
	112	+	COMPLAINT PURSUANT TO SUBSECTION (10)(b) OF THIS SECTION, THAT A4
	113	+	COMPLAINT SATISFIES THE REQUIREMENTS OF SUBSECTION (10)(a) OF THIS5
	114	+	SECTION, THE CLERK SHALL REFER THE COMPLAINT TO THE SECRETARY, IN6
	115	+	A FORM AND MANNER DETERMINED BY THE SECRETARY , WITHIN FOURTEEN7
	116	+	BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE MUNICIPALITY HAS8
	117	+	ADOPTED AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER9
	118	+	A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY BECAUSE THE10
	119	+	MUNICIPALITY DOES NOT HAVE A CAMPAIGN FINANCE COMPLAINT AND11
	120	+	HEARING PROCESS.12
	121	+	(d) TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE13
	122	+	SECRETARY PURSUANT TO THIS SUBSECTION (10), A MUNICIPALITY MUST14
	123	+	HAVE AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER15
	124	+	SUCH A COMPLAINT TO THE SECRETARY AND MUST PROVIDE A COPY OF THE16
	125	+	ORDINANCE TO THE SECRETARY. A MUNICIPALITY IS NOT AUTHORIZED TO17
	126	+	REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT18
	127	+	TO THIS SUBSECTION (10) FOR AN ELECTION THAT IS FEWER THAN ONE19
	128	+	HUNDRED AND EIGHTY DAYS AFTER THE ORDINANCE IS PROVIDED TO THE20
	129	+	SECRETARY. A MUNICIPAL ORDINANCE THAT AUTHORIZES THE A21
	130	+	MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE22
	131	+	SECRETARY MUST:23
	132	+	(I) AUTHORIZE THE SECRETARY TO USE THE PROVISIONS OF24
	133	+	SUBSECTIONS (3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND25
	134	+	RESOLVE THE CAMPAIGN FINANCE COMPLAINT; EXCEPT THAT THE26
	135	+	DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED27
	136	+	1283
	137	+	-4- PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION SHALL CONSIDER THE1
	138	+	TIME FOR FILING A COMPLAINT UNDER LOCAL LAW ;2
	139	+	(II) PERMIT THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO3
	140	+	MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE4
	141	+	COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN, BY THE EXERCISE5
	142	+	OF REASONABLE DILIGENCE, OF THE ALLEGED VIOLATION;6
	143	+	(III) REQUIRE THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO7
	144	+	BE IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED8
	145	+	BY THE SECRETARY, INCLUDING IDENTIFICATION OF ONE OR MORE9
	146	+	RESPONDENTS AND INCLUDING THE INFORMATION REQUIRED TO BE10
	147	+	PROVIDED ON THE FORM;11
	148	+	(IV) DIRECT THE MUNICIPALITY TO COOPERATE WITH THE12
	149	+	SECRETARY IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN13
	150	+	FINANCE COMPLAINT; AND14
	151	+	(V) DISCLAIM ANY INTEREST OF THE MUNICIPALITY IN FINES15
	152	+	COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE16
	153	+	COMPLAINT.17
	154	+	(e) UPON DISMISSING A COMPLAINT OR REFERRING A COMPLAINT18
	155	+	TO THE SECRETARY PURSUANT TO THIS SECTION, THE CLERK SHALL NOTIFY19
	156	+	THE COMPLAINANT OF THE CLERK'S ACTION BY E-MAIL OR BY REGULAR20
	157	+	MAIL IF E-MAIL IS UNAVAILABLE.21
	158	+	(f) A MUNICIPALITY MUST COOPERATE WITH THE SECRETARY IN22
	159	+	THE REVIEW, INVESTIGATION, AND DETERMINATION OF ANY CAMPAIGN23
	160	+	FINANCE COMPLAINT REFERRED TO THE SECRETARY PURSUANT TO THIS24
	161	+	SECTION.25
	162	+	(g) IF THE SECRETARY RECEIVES A CAMPAIGN FINANCE COMPLAINT26
	163	+	REFERRED BY A CLERK PURSUANT TO SUBSECTION (10)(c)(I) OR (10)(c)(II)27
	164	+	1283
	165	+	-5- OF THIS SECTION, THE SECRETARY SHALL DEEM THE COMPLAINT FILED1
	166	+	PURSUANT TO SUBSECTION (2) OF THIS SECTION ON THE DATE OF RECEIPT2
	167	+	FROM THE CLERK, AND THE SECRETARY SHALL ENSURE THAT THE3
	168	+	COMPLAINT IS ADDRESSED IN ACCORDANCE WITH THE REQUIREMENTS OF4
	169	+	THIS SECTION. THE DETERMINATION THAT A CONFLICT EXISTS IS NOT5
	170	+	REVIEWABLE BY THE SECRETARY .6
	171	+	(h) THE SECRETARY SHALL APPLY THE SUBSTANTIVE PROVISIONS7
	172	+	OF A HOME RULE MUNICIPALITY'S LOCAL LAW IN PROCESSING,8
	173	+	INVESTIGATING, AND RESOLVING A CAMPAIGN FINANCE COMPLAINT9
	174	+	REFERRED TO THE SECRETARY PURSUANT TO THIS SECTION .10
	175	+	(i) ALL FINES COLLECTED IN CONNECTION WITH A REFERRED11
	176	+	CAMPAIGN FINANCE COMPLAINT ARE PAYABLE TO THE SECRETARY .12
	177	+	(j) THE ADOPTION OF A LOCAL LAW AUTHORIZING THE REFERRAL13
	178	+	OF A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO14
	179	+	THIS SECTION IS NOT A WAIVER OF THE APPLICATION OF ANY PROVISIONS15
	180	+	OF ARTICLE XX OR XXVIII OF THE STATE CONSTITUTION OR SECTION16
	181	+	1-45-116. NOTHING IN THIS SUBSECTION (10) REQUIRES A MUNICIPALITY17
	182	+	TO REPEAL AN ORDINANCE OR RESOLUTION ESTABLISHING A CAMPAIGN18
	183	+	FINANCE COMPLAINT AND HEARING PROCESS .19
	184	+	(k) AS USED IN THIS SUBSECTION (10):20
	185	+	(I) "CONFLICT" MEANS THE ACTUAL OR REASONABLY PERCEIVED21
	186	+	INABILITY TO PROCESS A CAMPAIGN FINANCE COMPLAINT OR IMPOSE A22
	187	+	REMEDY IN A FAIR AND IMPARTIAL MANNER, INCLUDING AN ACTUAL OR23
	188	+	REASONABLY PERCEIVED BIAS OR OTHER FACTORS THAT MAY IMPACT THE24
	189	+	INDEPENDENCE OF THE DECISION-MAKER REGARDING THE COMPLAINANT25
	190	+	OR A CANDIDATE.26
	191	+	(II) "CLERK" MEANS THE CLERK OF A MUNICIPALITY OR THE27
	192	+	1283
	193	+	-6- PERSON OR ENTITY DESIGNATED TO REVIEW CAMPAIGN FINANCE1
	194	+	COMPLAINTS UNDER A LOCAL LAW .2
	195	+	(III) "LOCAL LAW" MEANS A MUNICIPAL CHARTER, ORDINANCE, OR3
	196	+	RESOLUTION THAT ADDRESS THE MATTERS COVERED BY ARTICLE XXVIII4
	197	+	OF THE STATE CONSTITUTION AND THIS ARTICLE 45.5
	198	+	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal6
	199	+	year, $170,723 is appropriated to the department of state. This7
	200	+	appropriation is from the department of state cash fund created in section8
	201	+	24-21-104 (3)(b), C.R.S. To implement this act, the department may use9
	202	+	this appropriation as follows: 10
	203	+	(a) $27,669 for use by the administration division for personal11
	204	+	services, which amount is based on an assumption that the division will12
	205	+	require an additional 0.2 FTE;13
	206	+	(b) $100 for use by the administration division for operating14
	207	+	expenses;15
	208	+	(c) $120,356 for use by the elections division for personal16
	209	+	services, which amount is based on an assumption that the division will17
	210	+	require an additional 2.0 FTE;18
	211	+	(d) $15,950 for use by the elections division for operating19
	212	+	expenses; and20
	213	+	(e) $6,648 for use by the information technology division for21
	214	+	operating expenses.22
	215	+	SECTION 3. Act subject to petition - effective date -23
	216	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following24
	217	+	the expiration of the ninety-day period after final adjournment of the25
	218	+	general assembly; except that, if a referendum petition is filed pursuant26
	219	+	to section 1 (3) of article V of the state constitution against this act or an27
	220	+	1283
	221	+	-7- item, section, or part of this act within such period, then the act, item,1
	222	+	section, or part will not take effect unless approved by the people at the2
	223	+	general election to be held in November 2024 and, in such case, will take3
	224	+	effect on the date of the official declaration of the vote thereon by the4
	225	+	governor.5
	226	+	(2) This act applies to municipal campaign finance complaints6
	227	+	filed on or after the applicable effective date of this act.7
	228	+	1283
	229	+	-8-