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Light <br />Kelly <br />TO: <br />MEMORANDUM <br />Malcolm Fleming, City Manager <br />Heather A. Balser, Deputy City Manager <br />City of Louisvi le <br />FROM: Samuel J. Light <br />DATE: May 2, 2016 <br />RE: Overview of the Colorado Fair Campaign Practices Act <br />Samuel J. Light <br />(303) 298 -1601 tel <br />(303) 298 -1627 fax <br />sl irhtaldghtkelly. corn <br />The purpose of this memo is to provide an overview of the Colorado Fair Campaign Practices Act <br />( "FCPA ") restrictions on local government election activities, and provide guidance regarding <br />prohibited and allowable activities under the FCPA in regards to candidate and ballot issue <br />elections. In this updated memo we have added more details /focus on restrictions and permissible <br />activities related to local ballot issue elections. We have included as resource materials: (1) this <br />memo, which summarizes the basic requirements of the FCPA; (2) a copy of Colorado Revised <br />Statutes Section 1-45 -117, which is the primary section discussed in these materials; and (3) a copy <br />of an article entitled "Guidance for Colorado Governments in Complying with the Fair Campaign <br />Practices Act," written by the law firm of Sherman and Howard LLC. <br />The two principle rules under the FCPA are that the City cannot (1) make any <br />contributions of any kind in campaigns involving the election of any person to public office; <br />or (2) expend any money from any source, or make any contributions, to urge electors to <br />vote in favor or against any local ballot issue once it has been submitted for the purpose of <br />having its ballot title fixed. <br />I. PROHIBITED/ ALLOWABLE ACTIVITIES AND EXPENDITURES UNDER THE FCPA <br />The purpose of the FCPA is to prohibit public entities in Colorado and the employees and <br />officials thereof from spending funds or contributing public resources to influence the outcome <br />of campaigns for political office or ballot issues. <br />The FCPA states no covered entity (which includes the City) shall "make any contribution in <br />campaigns involving the nomination, retention, or election of any person to any public office" or <br />"make any donation to any other person for the purpose of making an independent expenditure." <br />Additionally, no covered entity shall "expend any moneys from any source, or make any <br />contributions, to urge electors to vote in favor of or against any...local ballot issue" that has been <br />5 <br />