Historical Commission Agenda and Packet 2010 07 21

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SHERMAN&HOWARD GUIDANCE FOR COLORADO GOVERNMENTS IN COMPLYING WITH THE FAIR CAMPAIGN PRACTICES ACT February 2010 In most situations, the use of government money or resources to influence an election in Colorado is against the law. The Fair Campaign Practices Act, Colorado Revised Statutes, Section 1-45-101, et seq. (the "FCP A") and Article xxvm of the Colorado Constitution govern, among other things, the use of public moneys in a campaign involving the election of any person to any public office or involving any election question. The purpose of this memorandum is to help explain the types of conduct that are allowed and not allowed under the FCP A. This memorandum does not address every situation that might occur, but it covers many of the questions that arise most frequently. The FCPA's restrictions apply to any agency, department, board, division, bureau, commission, or council of the State of Colorado. The same restrictions also apply to any political subdivision of the State, including counties, cities, towns, school districts and special districts. Throughout this memorandum, the term "Government" includes all the governments covered by the FCP A. Prohibited Uses of Government Monev and Resources The FCP A prohibits a Government from (I) making any contribution in a campaign involving the nomination, retention, or election of any person to any public office; and (2) expending any public moneys from any source to urge electors to vote for or against any state-wide ballot issue, local ballot issue, referred measure, or measure for the recall of any officer. See Section 1-45- 117(1)(a)(I). Therefore, in most cases, the employees and officials of a Government must not use any Government money or resources to support a candidate's campaign or to attempt to convince voters to vote for or against an election question, including questions that have been placed on the ballot by the Government itself. For example, after calling for a bond election, a special district may not use district money to pay for fliers and visual aids that support the bond issue. See Skroch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004). Likewise, a school district may not post information on its website advocating the passage of a bond issue that it has referred to voters. See Wimsatt v. Jefferson County Public Schools, District R-J, Agency Decision, Case No. OS 2004-018. It is important to note that a Govemment may violate this law without specifically asking voters to "vote for" or "vote against" an election question. See Skroch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004). Any communication -1-