Colorado § 1-45-108.3 - Disclaimer statement - committees - electioneering communications - direct ballot issue or ballot question expenditures.

§ 1-45-108.3. Disclaimer statement - committees - electioneering communications - direct ballot issue or ballot question expenditures.

(1) A candidate committee, political committee, issue committee, small donor committee, political organization, political party, or other person making an expenditure in excess of or spending more than one thousand dollars per calendar year on a communication that must be disclosed under article XXVIII of the state constitution or under this article 45 or supports or opposes a ballot issue or ballot question, and that is broadcast, printed, mailed, delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed shall include in the communication a disclaimer statement in accordance with subsection (2) of this section.

(2) The disclaimer statement required by subsection (1) of this section must conform to the requirements specified in section 1-45-107.5 (5) for content, size, duration, and placement.

(3) In addition to any other applicable requirements provided by law, any person who expends one thousand dollars or more per calendar year on electioneering communications or regular biennial school electioneering communications shall, in accordance with the requirements specified in section 1-45-107.5 (5), state in the communication the name of the person making the communication. For purposes of this subsection (3), an "electioneering communication" also includes any communication that satisfies all other requirements set forth in section 2 (7) of article XXVIII of the state constitution but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.

(4) Any person who makes a direct ballot issue or ballot question expenditure shall, pursuant to section 1-45-107.5 (5), state their name in any communication that is broadcast, printed, mailed, or delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed to persons who are eligible to vote on the ballot issue or ballot question and is produced or funded, either in whole or in part, by the person who made the direct ballot issue or ballot question expenditure.

Source: L. 2010: Entire section added, (HB 10-1370), ch. 270, p. 1242, § 6, effective January 1, 2011. L. 2019: (3) added, (SB 19-068), ch. 69, p. 251, § 3, effective August 2; entire section amended, (HB 19-1318), ch. 328, p. 3046, § 5, effective August 2. L. 2022: (4) added, (SB 22-237), ch. 400, p. 2853, § 3, effective June 7.

Editor's note: In No on EE v. Beall, 2024 COA 79, 558 P.3d 671, the Colorado Court of Appeals held that the requirement that an issue committee disclose the identity of the registered agent of the entity paying for the communication on certain election-related communications distributed to the voting public is unconstitutional and violates the free speech clause of the first amendment to the United States Constitution.

Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 270, Session Laws of Colorado 2010.

ANNOTATION

Registered agent disclosure requirement imposed on issue committees is unconstitutional. The requirement that an issue committee disclose the identity of the registered agent of the entity paying for the communication on certain election-related communications distributed to the voting public is unconstitutional and violates the free speech clause of the first amendment to the United States Constitution. No on EE v. Beall, 2024 COA 79, 558 P.3d 671.