Colorado Secretary of State
Introduction to the Colorado Campaign Finance Landscape
November 15, 2012
Steve Bouey
Campaign Finance Manager – Colorado Secretary of
State’s Office
Corporate Law – incorporate?
Tax Law – taxable vs. nontaxable?
Campaign Finance Law
Relevant Bodies of Law
Federal
Local
State
Jurisdiction
Contributions
Express
Advocacy
Electioneering
Communication
Dollar Limits
Other
Source
Restrictions
Disclosure
• Reporting
• Disclaimers
Campaign Finance Matrix
Money In
Big Picture –
Committee
Money Out
What do CPF Laws Regulate?
◦ Article XXVIII of the Colorado Constitution
◦ Title 1, Article 45 of the Colorado Revised
Statutes, known as the Fair Campaign
Practices Act (FCPA)
◦ Secretary of State’s Rules Concerning
Campaign and Political Finance (8 CCR
1505-6)
◦ ALJ Opinions
◦ Federal Court Decisions
◦ State Court Decisions
Legal Framework

Candidate and Candidate Committees
◦ State & County (including school board & special district)
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Political Committee (PC)
Small Donor Committee (SDC)
Political Party Committees
Independent Expenditure Committees
Issue Committees
Federal Groups
◦ Super PAC’s
◦ Federal Candidates
Committee Types
Free
Speech
Principle Question
Corruption & the
appearance of
corruption
Penalties of $50 per day, including weekends and
holidays, are imposed every day a report is late.
 Penalties may be imposed for:
◦ Candidate affidavits & personal financial
disclosures
◦ Committee registrations
◦ Campaign disclosure reports
 Waiver Process

Penalties
 Embedded in Colorado Constitution
 Citizen Initiated - Anyone may file a
complaint within 180 days of an alleged
violation
 Secretary of State Does Not Investigate
Alleged Violations
 Complaints Heard by Office of Administrative
Courts
Complaints
Source
Major Purpose Test ?
Federal Case law
Yes
State Appellate Courts
Implied
Article XXVIII
No
Statute
Silent
ALJ Decisions
Yes
S.O.S. Rule
Yes
District Court
Implied
Current Issues