8 CCR 1505-6-1 - Definitions

1.1 "Administrative complaint" means a complaint alleging that one or more violations of Colo. Const. Article XXVIII, Article 45 of Title 1, C.R.S., such other constitutional or statutory provisions that are incorporated or referenced therein, or the rules has occurred and that is filed by the division, or its designee, with a hearing officer pursuant to sections 1-45-111.7(5) and (7), C.R.S.

1.2 "Agency" or "Department" means the Colorado Department of State

1.3 "Ballot measure" means ballot issue or ballot question.

1.4 "Business activities" for purposes of Colo. Const. Article XXVIII:

1.4.1 "Business activities" means providing goods or services that result in income or any other revenue-generating activity not expressly for political purposes.

1.4.2 "Cannot engage in business activities," means that the articles of incorporation and bylaws, either expressly or implicitly, prohibit the corporation from engaging in any business activities.

[McConnell v. Federal Elections Commission, 540 U.S. 93 (2003)]

1.5 "Committee" as used generally in these rules includes candidate committee, political committee, small donor committee, issue committee, small-scale issue committee, independent expenditure committee, political party committee, and political organization.

1.6 "Contribution" has the same meaning as set forth in Colo. Const. Article XXVIII, Section 2(5)(a), and section 1-45-103(6), C.R.S.

1.6.1 A contribution does not include an endorsement of a candidate or an issue by any person, or include interest earned in an interest-bearing bank account, dividend income from invested committee funds, earned income from commercially reasonable transactions, or transfers of money within a political party.

1.6.2 Volunteer services

(a) Time-based services volunteered by an individual are not considered a contribution if the individual receives no direct or indirect compensation for the time volunteered.

(b) If an individual volunteers only a portion of his or her time-based services, the volunteered portion is not considered a contribution.

(c) Any unpaid services that create a thing of value are not considered a contribution. If volunteer services yield a thing of value, "contribution" only includes the reasonable value of the materials involved, unless the value is de minimis.

1.6.3 "Contribution in support of the candidacy" as outlined in Colo. Const. Article XXVIII, Section 2(2), includes all contributions given directly to, or expenditures or spending coordinated with, a candidate for a specific public office, including those to a person who maintains a candidate committee after an election cycle.

1.7 "C.R.C.P." means Colorado Rules of Civil Procedure.

1.8 "Designated filing agent" means any natural person appointed by a committee who is responsible for timely filing campaign finance reports.

1.9 "Deputy secretary" means the person appointed by the Secretary of State as the deputy secretary of state pursuant to section 24-21-105, C.R.S., with authority under section 1-45-111.7, C.R.S., or such other person as may be designated by the deputy secretary of state as the deputy secretary's designee under section 1-45-111.7(1)(b), C.R.S.

1.10 "Direct ballot measure expenditure" means a direct ballot issue expenditure or a direct ballot question expenditure.

1.11 "Direct spending", as used in section 1-45-103 (7.2), C.R.S., includes both a monetary and non-monetary purchase, payment, distribution, loan, advance, deposit, monetary or non-monetary gift, contract, promise, or agreement to expend funds.

1.12 "Division" or "elections division" has the same meaning as in section 1-45-111.7(1)(c), C.R.S., which is commonly known as the Elections Division of the Colorado Department of State.

1.13 "Frequent filing schedule" means:

1.13.1 For state and school district director candidates and committees, the filing schedule outlined in sections 1-45-108(2)(a)(I)(B), (2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(E), C.R.S.;

1.13.2 For a county, municipal, and special district candidate or committee, the filing schedule outlined in section 1-45-108(2)(a)(II), C.R.S.; and

1.13.3 For political committees, small donor committees, independent expenditure committees, and political organizations participating in a regular biennial school election, the filing schedule outlined in sections 1-45-108(2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(E), C.R.S.

1.13.4 For issue committees supporting or opposing a ballot measure that attempts access to or will appear on an upcoming ballot, the filing schedule outlined in sections 1-45-108(1)(a)(I)(B), 1-45-108(2)(a)(I)(C), (2)(a)(I)(D), and (2)(a)(I)(E), C.R.S.

1.14 "Funding intermediary", as used in section 1-45-103(12)(b)(II)(E), C.R.S., means acting as a pass-through for contributions earmarked for an issue committee. A person becomes an intermediary when they accept an earmarked contribution from one person and then make a contribution to an issue committee as directed.

1.15 "Hearing officer" has the same meaning as in section 1-45-111.7(1)(d), C.R.S., and is the person who has been retained by the agency to conduct hearings and issue initial decisions under section 1-45-111.7(6), C.R.S.

1.16 "Independent expenditure committee" has the same meaning as set forth in section 1-45-103 (11.5), C.R.S.

1.17 "Infrequent filing schedule" means:

1.17.1 For a state and school district director candidate or committee, the quarterly filing schedule outlined in section 1-45-108(2)(a)(I)(A), C.R.S.; and

1.17.2 For a county, municipal, or special district candidate or committee, the annual filing schedule outlined in section 1-45-108(2)(a)(II), C.R.S.

1.17.3 For issue committees supporting or opposing a ballot measure that will not appear on an upcoming ballot, the filing schedule outlined in sections 1-45-108(2)(a)(I)(A) and (2)(a)(II) C.R.S.

1.18 "Initial complaint" means a complaint alleging that one or more violations of Colo. Const. Article XXVIII, Article 45 of Title 1, C.R.S., such other constitutional or statutory provisions that are incorporated or referenced therein, or the rules has occurred and that is filed by any person, including the division, with the division pursuant to section 1-45-111.7(2)(a) and (7), C.R.S.

1.19 "Initial decision" has the same meaning as section 24-4-102, C.R.S., and includes the initial determination referenced in section 1-45-111.7(6)(b), C.R.S.

1.20 "Issue committee" means a person or a group of people that meets both of the conditions in Colo. Const. Article XXVIII, Section 2(10)(a)(I) and 2(10)(a)(II). An "Issue committee" does not include a married couple.

1.21 "Limited liability company" or "LLC" has the same meaning as set forth in section 1-45-103.7(8), C.R.S.

1.22 "Member", as used in Colo. Const. Article XXVIII, Sections 2(5)(b), 2(8)(b)(IV), and 2(14)(a) only, means a person who pays membership dues.

1.23 "Municipal campaign finance matter" as used in section 1-45-111.7(9)(b), C.R.S., means any campaign finance matter exclusively related to a municipal campaign, including matters involving a candidate for a municipal office; a municipal ballot issue or ballot question; and contributions or expenditures made by any person, committee, or group to support or oppose any candidate for municipal office, or municipal ballot issue or ballot question. This definition is not limited to home rule municipalities that have adopted their own campaign finance rules or regulations, but applies to all municipalities.

1.24 "Non-public information" means confidential material in any form that is not available to the general public, including a non-public campaign plan, communications plan, campaign budget, specification of unmet and potentially unmet campaign needs, proposed or actual media buy, list or description of households or voters who will receive or have received materials under a mailing or other distribution program, polling or focus group results, or other proprietary material. "Non-public information," does not include communications dealing solely with candidate positions on legislative or policy issues.

1.25 "Organization", as used in section 1-45-103(12)(b)(II), C.R.S., means a person other than a natural person or two or more natural persons that work together with a particular purpose.

1.26 "Person", for the purpose of Colo. Const. Article XXVIII, Section 7, means any natural person.

1.27 "Per day" means "per calendar day" unless otherwise indicated.

1.28 "Per year" means "per calendar year" unless otherwise indicated.

1.29 "Political committee" has the same meaning as set forth in Colo. Const. Article XXVIII, Section 2(12), and does not include a married couple.

1.30 "Principal" as used in section 1-45-105.5, C.R.S., means any person that employs, retains, engages, or uses, with or without compensation, a professional or volunteer lobbyist. A person serving as an officer, employee, member, shareholder, or partner of an organization or business entity that employs, retains, engages, or uses a lobbyist is not considered a principal.

1.31 "Public office" means any office voted for in this state at any election. "Public office" does not include the office of president or vice president of the United States, the office of senator or representative in the Congress of the United States, or any office within a political party.

1.32 "Publicly announced an intention to seek election to public office or retention of a judicial office" means:

1.32.1 Registering a candidate committee; or

1.32.2 Announcing an intention to seek public office or retention of a judicial office through:

(a) A speech, advertisement, or other communication reported or appearing in public media; or

(b) A statement made in any place accessible to the public; or

(c) A statement made in a manner that a reasonable person would expect to become public.

[Colo. Const. Article XXVIII, Section 2(2)]

1.33 "Registered agent" is a natural person or candidate designated to receive mailings, to address concerns and questions regarding a committee, and is responsible for timely filing campaign finance reports. [Sections 1-45-108(3)(b) and 1-45-109(4)(b), C.R.S.]

1.34 "Respondent" means a person or entity who is the subject of a campaign and political finance complaint.

1.35 "Standalone candidate" means a candidate without a committee who does not accept contributions.

1.36 "Substantial evidence", as used in these rules, means evidence that is probative, credible, and competent and of such weight as to be adequate for the division to accept a fact as true. This standard of proof requires a greater weight of evidence than that which is required for finding "probable cause".

1.37 "Support or oppose", for the purpose of determining if a person or group of persons is a political committee as defined by Colo. Const. Article XXVIII, Section 2(12)(a), means that the person or group of persons that contributed or made an expenditure did so in coordination with the candidate or candidate committee.

1.38 "Transfer" as used in section 1-45-107.5(14), C.R.S., means the disposition of or parting with funds by check, electronic transfer, or other means. It does not include payment to a vendor or payment of a contract for goods or services.

Notes

8 CCR 1505-6-1

38 CR 13, July 10, 2015, effective 7/30/2015 38 CR 22, November 25, 2015, effective 12/15/2015 39 CR 17, September 10, 2016, effective 9/30/2016 40 CR 22, November 25, 2017, effective 12/15/2017 41 CR 15, August 10, 2018, effective 8/30/2018 41 CR 21, November 10, 2018, effective 11/30/2018 42 CR 01, January 10, 2019, effective 1/30/2019 43 CR 17, September 10, 2020, effective 9/30/2020 45 CR 20, October 25, 2022, effective 11/14/2022 46 CR 06, March 25, 2023, effective 2/15/2023 46 CR 10, May 25, 2023, effective 4/13/2023 46 CR 09, May 10, 2023, effective 5/30/2023 46 CR 18, September 25, 2023, effective 10/15/2023 46 CR 22, November 25, 2023, effective 12/15/2023