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Malcolm Fleming, City Manager <br />Heather A. Balser, Deputy City Manager <br />May 2, 2016 <br />Page 5 of 5 <br />diverted for the amount of the contribution or expenditure, injunctive relief, or a restraining order to <br />enjoin the continuance of the violation." CRS § 1- 45- 117(4)(a). <br />IV. ADDITIONAL LIMITATIONS TO CONSIDER <br />Beyond the scope of the FCPA, courts have long recognized that there are constitutional <br />considerations respecting the use of public funds for campaign purposes. For example, in a case <br />challenging a school district's active campaign against a state -wide initiated measure, the Court <br />observed that use of public funds to advocate against a citizen initiative may be improper on First <br />Amendment or other constitutional grounds. Mountain States Legal Foundation v. Denver School <br />District No. 1, 459 F. Supp. 357, 360 (D.Colo. 1978). This case was decided under a predecessor of <br />the FCPA then called the Campaign Reform Act—which did not include the time period <br />restriction based on ballot title fixing that is now contained in the FCPA. <br />However, the constitutional cases serve to emphasize the primary point of the FCPA restriction: <br />That public entities not expend moneys to urge electors to vote one way or the other on ballot <br />measures being presented to the voters. Thus, to avoid both FCPA and constitutional concerns, the <br />City should limit use of City monies strictly in compliance with the time requirements and other <br />limitations of the FCPA. With regard to candidate elections, public funds and resources should <br />never be contributed, directly or indirectly, to any candidate running for public office; this <br />prohibition extends to all types of contributions and donations. <br />If you have any questions, please contact us. <br />Light 1 Kelly, P.C. <br />101 University Boulevard, Suite 210, Denver, CO 80206 <br />www.lightkelly. com <br />9 <br />