8 CCR 1505-6-4 - Issue Committees

4.1 An issue committee may support or oppose more than one ballot measure if the committee registration form states each measure, describes each measure, and states whether the committee supports or opposes the measure.

[Colo. Const. Article XXVIII, Section 2(10)(a)(I) and (2)(10)(a)(II)]

4.2 If an issue committee supports or opposes a ballot measure on an upcoming ballot, the issue committee must file on a frequent filing schedule. See Rule 17.2.3.

4.3 Major purpose standard

4.3.1 For an organization supporting or opposing a non-statewide ballot measure, a major purpose of the organization as that phrase is used in Colo. Const. Article XXVIII, Section 2(10)(a), is determined based on the consideration of:

(a) The organization's specifically identified objectives in its organizational documents at the time it is established or as such documents are later amended; or

(b) The organization's demonstrated pattern of conduct, as reflected through the following non-exclusive set of factors, including:

(1) The scope of the issues addressed in the organization's print and electronic publications;

(2) The length of time the organization had existed;

(3) The organization's original purpose;

(4) The organization's organizational structure;

(5) The various issues in which the organization had been involved; and

(6) The amount of money the organization had spent on the issue in question in relation to its annual budget.

[Cerbo v. Protect Colo. Jobs, Inc., 240 P.3d 495, (Colo. App. 2010)]

4.3.2 For an organization supporting or opposing a statewide ballot measure, a major purpose as outlined in section 1-45-103(12)(b), C.R.S., is determined as follows:

(a) The organization's specifically identified objectives in its organizational documents at the time it is established or as such documents are later amended; or

(b) The organization's demonstrated pattern of conduct which is evidenced by its spending. Specifically,

(1) During the current and two preceding years, did the organization:

(A) Make contributions to a single statewide issue committee or make direct ballot measure expenditures in support of or opposition to one statewide ballot measure that, combined, exceeded 20% of the organization's total spending (in any location and for any reason) during the current and two preceding years; or

(B) Make contributions to more than one statewide issue committee or make direct ballot measure expenditures in support of more than one statewide ballot measure that combined exceeded 30% of the organization's total spending (in any location and for any reason) during the current and two preceding years; or

(2) Does the organization have a pattern of conduct as acting as a funding intermediary by making earmarked contributions to an issue committee.

4.3.3 For campaign and political finance complaints involving whether the respondent is an organization that has a major purpose of supporting or opposing one or more ballot measures, a rebuttable presumption that the organization met the standard for having a major purpose under section 1-45-103(12)(b), C.R.S., is created if:

(a) A campaign and political finance complaint has been filed and the division initially determines that the complaint alleges a potential violation in which the respondent may have a major purpose of supporting or opposing one or more ballot measures; and

(b) The respondent fails to provide substantial evidence, as defined in Rule 1.36, that they have not met the major purpose standard.

4.3.4 This presumption will be considered sufficient information to support the filing of an administrative complaint with a hearing officer under section 1-45-111.7(5), C.R.S. The presumption of meeting the major purpose standard can be rebutted by the respondent during the administrative hearing process. The presumption of meeting the major purpose standard no longer applies once the respondent has appeared and answered an administrative complaint in a hearing before a hearing officer.

4.4 Termination. An issue committee may file a termination report at any time if the following conditions are met:

4.4.1 The committee no longer has a major purpose of supporting or opposing a ballot measure and no longer intends to accept or make contributions or expenditures to support or oppose a ballot issue or ballot question; and

4.4.2 The committee's TRACER account reflects no cash on hand and no outstanding debts, obligations, or penalties.

4.5 Small-scale issue committees

4.5.1 A small-scale issue committee may support or oppose more than one ballot measure if the committee registration form states each measure, describes each measure, and states whether the committee supports or opposes the measure.

[Colo. Const. Article XXVIII, Section 2(10)(a)(I) and (2)(10)(a)(II)]

4.5.2 The notification required by section 1-45-108 (1.5)(c)(III), C.R.S. must be submitted on the form provided by the Secretary of State.

4.5.3 The disclosure report required by section 1-45-108 (1.5)(c)(I), C.R.S., must be filed with the appropriate officer within five calendar days after notification to the appropriate officer that the small-scale issue committee qualifies as an issue committee under section 1-45-108 (1.5)(c)(III), C.R.S.

4.5.4 Upon conversion of a small-scale issue committee to an issue committee, the issue committee's first report of contributions and expenditures must reflect the small-scale issue committee's funds on hand as a beginning balance.

4.5.5 A small-scale issue committee may terminate by filing an affirmation indicating the committee has no outstanding debts or obligations and wishes to terminate.

4.5.6 A small-scale issue committee required to register under section 1-45-108 (1.5), C.R.S. may register and report as an issue committee at any time.

4.6 For issue committees and small-scale issue committees, the election cycle is a calendar year, beginning January 1 and ending December 31. This rule does not apply to issue committees formed to support or oppose a recall.

Notes

8 CCR 1505-6-4

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