§ 1-45-106 — Unexpended campaign contributions

Colorado § 1-45-106

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Fair Campaign Practices Act

Text

(1) (a) (I) Subject to the
requirements of section 3 (3)(e) of article XXVIII of the state constitution,
unexpended campaign contributions to a candidate committee may be:

(A) Contributed to a political party;

(B) Contributed to a candidate committee established by the same candidate
for a different public office, subject to the limitations set forth in section 3 of article
XXVIII of the state constitution, if the candidate committee making such a
contribution is affirmatively closed by the candidate no later than ten days after the
date such a contribution is made;

(C) Donated to a charitable organization recognized by the internal revenue
service;

(D) Returned to the contributors, or retained by the committee for use by the
candidate in a subsequent campaign.

(II) Except as authorized by section 1-45-103.7 (6.5) and subsection (1)(b)(VI)
of this section, in no event shall contributions to a candidate committee be used for
personal purposes not reasonably related to supporting the election of the
candidate.

(III) A candidate committee for a former officeholder or a person not elected
to office shall expend all of the unexpended campaign contributions retained by
such candidate committee, for the purposes specified in this subsection (1), no later
than one year from the date such officeholder's term expired or from the date of
the election at which such person was a candidate for office, whichever is later.

(b) In addition to any use described in subsection (1)(a) of this section, a
person elected to a public office may use unexpended campaign contributions held
by the person's candidate committee for any of the following purposes:

(I) Voter registration;

(II) Political issue education, which includes obtaining information from or
providing information to the electorate;

(III) Postsecondary educational scholarships;

(IV) To defray reasonable and necessary expenses related to mailings and
similar communications to constituents;

(V) Any expenses that are directly related to such person's official duties as
an elected official, including, but not limited to, expenses for the purchase or lease
of office equipment and supplies, room rental for public meetings, necessary travel
and lodging expenses for legislative education such as seminars, conferences, and
meetings on legislative issues, and telephone and pager expenses;

(VI) For purposes specified in section 1-45-103.7 (6.5), in connection with the
person's official duties as an elected official.

(2) (Deleted by amendment, L. 2000, p. 123, � 4, effective March 15, 2000.)

(3) Unexpended contributions to an issue committee may be donated to any
charitable organization recognized by the internal revenue service or returned to
the contributor.

(4) This section shall apply to unexpended campaign contributions
transferred from a political committee formed prior to January 15, 1997, to a
candidate committee registering after January 15, 1997, pursuant to section 1-45-108.

(5) Notwithstanding any other provision of law, any unexpended campaign
contributions retained by a candidate committee for use in a subsequent election
cycle shall be counted and reported as contributions from a political party in any
subsequent election in accordance with the requirements of section 3 (3)(e) of
article XXVIII of the state constitution.

Legislative History

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997. L. 98: (1) amended, p. 955, � 3, effective May 27. L. 2000: (1)(a) and (2) amended, p. 123, � 4, effective March 15. L. 2003: IP(1)(a)(I) amended and (5) added, p. 2157, � 2, effective June 3. L. 2010: (1)(a)(I)(B) amended, (SB 10-041), ch. 151, p. 522, � 1, effective July 1. L. 2019: (1)(a)(II) amended, (SB 19-229), ch. 354, p. 3260, � 2, effective September 1. L. 2023: (1)(a)(II), (1)(a)(III), and IP(1)(b) amended and (1)(b)(VI) added, (SB 23-276), ch. 399, p. 2395, � 48, effective June 6.