8 CCR 1505-6-21 - Coordination

21.1 "Coordination". Expenditures or spending are coordinated with a candidate committee or political party if:

21.1.1 A person makes an expenditure or engages in spending at the request, suggestion, or direction of, in consultation with, or under the control of that candidate committee or political party; or

21.1.2 An independent expenditure or electioneering communication is created, produced, or distributed:

(a) After one or more substantial discussion(s) between the candidate or political party and the person making the expenditure or engaging in the spending,

(1) In which the person making the expenditure or engaging in the spending received non-public information about the candidate or political party's plans, projects, activities, or needs; and

(2) The information is material to the creation, production, or dissemination of an independent expenditure or electioneering communication; or

(b) By a common consultant who provides, or has provided during the election cycle, professional services to the candidate committee or political party as well as to the person making the expenditure or engaging in the spending; and

(1) In which the person making the expenditure or engaging in the spending received non-public information about the candidate or political party's plans, projects, activities, or needs; and

(2) The information is material to the creation, production, or dissemination of an independent expenditure or electioneering communication.

21.1.3 This rule does not apply to an attorney, accountant, bookkeeper, or registered agent who provides services within the scope of his or her profession.

21.1.4 If a candidate committee or political party and the person making the expenditure or engaging in spending use a common consultant, an independent expenditure or electioneering communication is not coordinated if the consultant places effective barriers (i.e., "firewalls") to the transmission of non-public information between:

(a) The candidate committee or political party; and

(b) The person making an independent expenditure or engaging in spending. Physical or technological barriers include appropriate security measures, and must be set forth in a written policy that is distributed to all affected agents, employees, board members, directors, officers, and consultants. A firewall is not effective if non-public material information is nonetheless directly or indirectly transmitted to the person making an expenditure or engaging in spending.

21.1.5 For purposes of this Rule:

(a) Candidate committee or political party includes any agent, employee, board member, director, or officer of that candidate committee or political party.

(b) The person making the expenditure or engaging in the spending includes any agent, employee, board member, director, or officer of the person making the expenditure or engaging in the spending.

21.2 Pre-candidacy coordination

21.2.1 For purposes of section 1-45-103.7(11)(a), C.R.S., a person actively solicits funds for an independent expenditure committee with the intent of benefitting his or her future candidacy when the person:

(a) Organizes, directs, or plans a fundraising event for the independent expenditure committee; or asks for, encourages, or suggests a donation to the independent expenditure committee; and

(b) Knows or reasonably should know that the independent expenditure committee will support the person's future candidacy.

Notes

8 CCR 1505-6-21

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