HOUSE BILL 24-1283
BY REPRESENTATIVE(S) Willford and Marvin, Bacon, Brown, Clifford,
Epps, Froelich, Garcia, Jodeh, Joseph, Kipp, Lindsay, Mabrey, Ortiz,
Parenti, Ricks, Rutinel, Vigil, Weissman;
also SENATOR(S) Mullica, Cutter, Exum, Hansen, Hinrichsen, Priola,
Winter F.
C
ONCERNING A REQUIREMENT THAT THE SECRETARY OF STATE REVIEW A
CAMPAIGN FINANCE COMPLAINT THAT ARISES OUT OF A MUNICIPAL
CAMPAIGN FINANCE MATTER UNDER CERTAIN CIRCUMSTANCES
, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-45-111.7, repeal
(9)(b); and add (10) as follows:
1-45-111.7. Campaign finance complaints - initial review -
curing violations - investigation and enforcement - hearings - advisory
opinions - document review - collection of debts resulting from
campaign finance penalties - definitions. (9) Debt collection. (b) Any
complaint arising out of a municipal campaign finance matter must be
exclusively filed with the clerk of the applicable municipality.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (10) Municipal complaints. (a) A COMPLAINT ALLEGING THAT A
VIOLATION OF ARTICLE
XXVIII OF THE STATE CONSTITUTION, THIS ARTICLE
45, OR THE RULES HAS OCCURRED IN CONNECTION WITH A MUNICIPAL
CAMPAIGN FINANCE MATTER MUST BE FILED WITH THE CLERK OF THE
APPLICABLE MUNICIPALITY
. UNLESS OTHERWISE PROVIDED BY LOCAL LAW ,
A COMPLAINANT MUST FILE THE COMPLAINT IN WRITING , SIGN THE
COMPLAINT
, AND IDENTIFY ONE OR MORE RESPONDENTS . THE COMPLAINT
SHALL BE FILED AND PROCESSED IN ACCORDANCE WITH LOCAL LAW UNLESS
REFERRED TO THE SECRETARY AS SPECIFIED IN SUBSECTION
(10)(c)(I) OR
(10)(c)(II) OF THIS SECTION.
(b) T
HE CLERK SHALL CONDUCT AN INITIAL REVIEW OF A CAMPAIGN
FINANCE COMPLAINT WITHIN TEN BUSINESS DAYS OF RECEIVING THE
COMPLAINT OR WITHIN THE TIME SPECIFIED IN LOCAL LAW TO DETERMINE
WHETHER THE COMPLAINT SATISFIES THE REQUIREMENTS OF SUBSECTION
(10)(a) OF THIS SECTION OR THE REQUIREMENTS OF LOCAL LAW , AS
APPLICABLE
. IF, AFTER INITIALLY REVIEWING A COMPLAINT PURSUANT TO
THIS SUBSECTION
(10)(b), THE CLERK DETERMINES THAT A COMPLAINT DOES
NOT SATISFY THE REQUIREMENTS OF SUBSECTION
(10)(a) OF THIS SECTION,
THE CLERK SHALL DISMISS THE COMPLAINT .
(c) (I) I
F, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE
COMPLAINT PURSUANT TO SUBSECTION
(10)(b) OF THIS SECTION, THE CLERK
DETERMINES THAT THE COMPLAINT SATISFIES THE REQUIREMENTS OF
SUBSECTION
(10)(a) OF THIS SECTION AND LOCAL LAW, AS APPLICABLE, BUT
PRESENTS AN ACTUAL OR POTENTIAL CONFLICT FOR THE CLERK OR THE
CLERK
'S STAFF, THE CLERK SHALL REFER THE COMPLAINT TO THE
SECRETARY
, IN A FORM AND MANNER DETERMINED BY THE SECRETARY ,
WITHIN FOURTEEN BUSINESS DAYS OF RECEIVING THE COMPLAINT IF THE
MUNICIPALITY HAS ADOPTED AN ORDI NANCE THAT AUTHORIZES THE
MUNICIPALITY TO REFER A CAMPAIGN FINANCE COMPLAINT TO THE
SECRETARY BASED ON AN ACTUAL OR POTENTIAL CONFLICT OF THE CLERK
OR THE CLERK
'S STAFF, AS DETERMINED IN WRITING BY THE CLERK .
(II) IF THE CLERK OF A STATUTORY MUNICIPALITY THAT DOES NOT
HAVE A CAMPAIGN FI NANCE COMPLAINT AND HEARING PROCESS
DETERMINES
, AFTER INITIALLY REVIEWING A CAMPAIGN FINANCE COMPLAINT
PURSUANT TO SUBSECTION
(10)(b) OF THIS SECTION, THAT A COMPLAINT
SATISFIES THE REQUIREMENTS OF SUBSECTION
(10)(a) OF THIS SECTION, THE
PAGE 2-HOUSE BILL 24-1283 CLERK SHALL REFER THE COMPLAINT TO THE SECRETARY , IN A FORM AND
MANNER DETERMINED BY THE SECRETARY
, WITHIN FOURTEEN BUSINESS
DAYS OF RECEIVING THE COMPLAINT IF THE MUNICIPALITY HAS ADOPTED AN
ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER A CAMPAIGN
FINANCE COMPLAINT TO THE SECRETARY BECAUSE THE MUNICIPALITY DOES
NOT HAVE A CAMPAIGN FINANCE COMPLAINT AND HEARING PROCESS
.
(d) T
O REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY
PURSUANT TO THIS SUBSECTION
(10), A MUNICIPALITY MUST HAVE AN
ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO REFER SUCH A
COMPLAINT TO THE SECRETARY AND MUST PROVIDE A COPY OF THE
ORDINANCE TO THE SECRETARY
. A MUNICIPALITY IS NOT AUTHORIZED TO
REFER A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO
THIS SUBSECTION
(10) FOR AN ELECTION THAT IS FEWER THAN ONE HUNDRED
AND EIGHTY DAYS AFTER THE ORDINANCE IS PROVIDED TO THE SECRETARY
.
A
MUNICIPAL ORDINANCE THAT AUTHORIZES THE A MUNICIPALITY TO REFER
A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY MUST
:
(I) A
UTHORIZE THE SECRETARY TO USE THE PROVISIONS OF
SUBSECTIONS
(3) TO (7) OF THIS SECTION TO PROCESS, INVESTIGATE, AND
RESOLVE THE CAMPAIGN FINANCE COMPLAINT
; EXCEPT THAT THE
DETERMINATION OF WHETHER THE COMPLAINT WAS TIMELY FILED PURSUANT
TO SUBSECTION
(3)(a)(I) OF THIS SECTION SHALL CONSIDER THE TIME FOR
FILING A COMPLAINT UNDER LOCAL LAW
;
(II) P
ERMIT THE FILING OF A CAMPAIGN FINANCE COMPLAINT NO
MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE
COMPLAINANT EITHER KNEW OR SHOULD HAVE KNOWN
, BY THE EXERCISE OF
REASONABLE DILIGENCE
, OF THE ALLEGED VIOLATION;
(III) R
EQUIRE THE FILING OF A CAMPAIGN FINANCE COMPLAINT TO BE
IN WRITING AND SIGNED BY THE COMPLAINANT ON A FORM PROVIDED BY THE
SECRETARY
, INCLUDING IDENTIFICATION OF ONE OR MORE RESPONDENTS
AND INCLUDING THE INFORMATION REQUIRED TO BE PROVIDED ON THE FORM
;
(IV) D
IRECT THE MUNICIPALITY TO COOPERATE WITH THE
SECRETARY IN THE PROCESSING AND INVESTIGATION OF THE CAMPAIGN
FINANCE COMPLAINT
; AND
(V) DISCLAIM ANY INTEREST OF THE MUNICIPALITY IN FINES
PAGE 3-HOUSE BILL 24-1283 COLLECTED IN CONNECTION WITH A REFERRED CAMPAIGN FINANCE
COMPLAINT
.
(e) U
PON DISMISSING A COMPLAINT OR REFERRING A COMPLAINT TO
THE SECRETARY PURSUANT TO THIS SECTION
, THE CLERK SHALL NOTIFY THE
COMPLAINANT OF THE CLERK
'S ACTION BY E-MAIL OR BY REGULAR MAIL IF
E
-MAIL IS UNAVAILABLE.
(f) A
MUNICIPALITY MUST COOPERATE WITH THE SECRETARY IN THE
REVIEW
, INVESTIGATION, AND DETERMINATION OF ANY CAMPAIGN FINANCE
COMPLAINT REFERRED TO THE SECRETARY PURSUANT TO THIS SECTION
.
(g) I
F THE SECRETARY RECEIVES A CAMPAIGN FINANCE COMPLAINT
REFERRED BY A CLERK PURSUANT TO SUBSECTION
(10)(c)(I) OR (10)(c)(II)
OF THIS SECTION, THE SECRETARY SHALL DEEM THE COMPLAINT FILED
PURSUANT TO SUBSECTION
(2) OF THIS SECTION ON THE DATE OF RECEIPT
FROM THE CLERK
, AND THE SECRETARY SHALL ENSURE THAT THE COMPLAINT
IS ADDRESSED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
.
T
HE DETERMINATION THAT A CONFLICT EXISTS IS NOT REVIEWABLE BY THE
SECRETARY
.
(h) T
HE SECRETARY SHALL APPLY THE SUBSTANTIVE PROVISIONS OF
A HOME RULE MUNICIPALITY
'S LOCAL LAW IN PROCESSING, INVESTIGATING,
AND RESOLVING A CAMPAIGN FI NANCE COMPLAINT REFERRED TO THE
SECRETARY PURSUANT TO THIS SECTION
.
(i) A
LL FINES COLLECTED IN CONNECTION WITH A REFERRED
CAMPAIGN FINANCE COMPLAINT ARE PAYABLE TO THE SECRETARY
.
(j) T
HE ADOPTION OF A LOCAL LAW AUTHORIZING THE REFERRAL OF
A CAMPAIGN FINANCE COMPLAINT TO THE SECRETARY PURSUANT TO THIS
SECTION IS NOT A WAIVER OF THE APPLICATION OF ANY PROVISIONS OF
ARTICLE
XX OR XXVIII OF THE STATE CONSTITUTION OR SECTION 1-45-116.
N
OTHING IN THIS SUBSECTION (10) REQUIRES A MUNICIPALITY TO REPEAL AN
ORDINANCE OR RESOLUTION ESTABLISHING A CAMPAIGN FINANCE
COMPLAINT AND HEARING PROCESS
.
(k) A
S USED IN THIS SUBSECTION (10):
(I) "C
ONFLICT" MEANS THE ACTUAL OR REASONABLY PERCEIVED
PAGE 4-HOUSE BILL 24-1283 INABILITY TO PROCESS A CAMPAIGN FINANCE COMPLAINT OR IMPOSE A
REMEDY IN A FAIR AND IMPARTIAL MANNER
, INCLUDING AN ACTUAL OR
REASONABLY PERCEIVED BIAS OR OTHER FACTORS THAT MAY IMPACT THE
INDEPENDENCE OF THE DECISION
-MAKER REGARDING THE COMPLAINANT OR
A CANDIDATE
.
(II) "C
LERK" MEANS THE CLERK OF A MUNICIPALITY OR THE PERSON
OR ENTITY DESIGNATED TO REVIEW CAMPAIGN FINANCE COMPLAINTS UNDER
A LOCAL LAW
.
(III) "L
OCAL LAW" MEANS A MUNICIPAL CHARTER, ORDINANCE, OR
RESOLUTION THAT ADDRESS THE MATTERS COVERED BY ARTICLE
XXVIII OF
THE STATE CONSTITUTION AND THIS ARTICLE
45.
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
$170,723 is appropriated to the department of state. This appropriation is
from the department of state cash fund created in section 24-21-104 (3)(b),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $27,669 for use by the administration division for personal
services, which amount is based on an assumption that the division will
require an additional 0.2 FTE;
(b) $100 for use by the administration division for operating
expenses;
(c) $120,356 for use by the elections division for personal services,
which amount is based on an assumption that the division will require an
additional 2.0 FTE;
(d) $15,950 for use by the elections division for operating expenses;
and
(e) $6,648 for use by the information technology division for
operating expenses.
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
PAGE 5-HOUSE BILL 24-1283 general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to municipal campaign finance complaints filed
on or after the applicable effective date of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1283