Colorado § 1-45-110 - Candidate affidavit - disclosure statement.

§ 1-45-110. Candidate affidavit - disclosure statement.

(1) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the appropriate officer within ten days, that the candidate is familiar with the provisions of this article; except that an individual who is a candidate in a special legislative election that filed a candidate affidavit for the preceding general election shall not be required to comply with the provisions of this section, and except that a candidate in a special district election shall file the candidate affidavit or, alternatively, a copy of the candidate's self-nomination and acceptance form or letter submitted in accordance with section 1-13.5-303, if such form or letter contains a statement that the candidate is familiar with the provisions of this article, no later than the date established for certification of the special district's ballot pursuant to section 1-5-203 (3)(a). A candidate in a municipal election may comply with this section by filing a candidate affidavit pursuant to section 31-10-302 (6), C.R.S., if such affidavit contains a statement that the candidate is familiar with the provisions of this article.

(2) (a) Except as provided in subsection (2)(b) of this section, each candidate for the general assembly, governor, lieutenant governor, attorney general, state treasurer, secretary of state, state board of education, regent of the university of Colorado, and district attorney shall file an accurate and complete statement disclosing the information required by section 24-6-202 (2) with the appropriate officer, on a form approved by the secretary of state, within ten days of filing the affidavit required by subsection (1) of this section.

(b) No candidate listed in paragraph (a) of this subsection shall be required to file another disclosure statement if the candidate had already filed such a statement less than ninety days prior to filing the affidavit required by subsection (1) of this section.

(c) A candidate must electronically file the disclosure statement required in subsection (2)(a) of this section, and the secretary of state must make all disclosure statements available to the public on its website. The secretary shall redact a candidate's address and other personal information before making a disclosure statement available on the secretary's website. The secretary may also modify the disclosure statement form to eliminate the inclusion of certain personal information.

(d) The form approved by the secretary of state must include an affirmation for the candidate to certify that the information provided in the disclosure statement is true, complete, and correct to the best of the candidate's knowledge and belief.

(2.5) A candidate seeking reelection does not have to file another disclosure statement required by subsection (2)(a) of this section if the incumbent filed the annual report required by section 24-6-202 (2) within thirty days of the date on which the incumbent became a candidate for reelection.

(3) If any person fails to file the affidavit or an accurate and complete disclosure statement required by subsection (2) of this section, the designated election official certifying the ballot in accordance with section 1-5-203 (3)(a) shall send a notice to the person by email and mail. The notice must state that the person will be disqualified as a candidate if the person fails to file the appropriate document within ten business days after the notice has been sent. If the person fails to file the appropriate document within that time frame, the designated election official shall disqualify the candidate.

(3.5) In addition to any other process provided in law or rule, any person may file a complaint with the secretary of state about a candidate not complying with the requirements of this section.

(4) Any disclosure statement required by subsection (2) of this section shall be amended no more than thirty days after any termination, acquisition, or substantial change of interests as to which disclosure is required.

(5) If a person is defeated as a candidate or withdraws from the candidacy, that person shall not be required to comply with the provisions of this section after the withdrawal or defeat.

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997. L. 99: (1) amended, p. 1392, § 16, effective June 4. L. 2002: (1) amended, p. 1641, § 35, effective June 7. L. 2010: (3) amended, (SB 10-041), ch. 151, p. 524, § 4, effective July 1. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 74, § 44, effective February 18. L. 2018: (3) amended, (HB 18-1047), ch. 155, p. 1095, § 6, effective April 23. L. 2022: (2.5) added, (HB 22-1156), ch. 108, p. 496, § 2, effective August 10. L. 2023: (2)(a) and (3) amended and (2)(c), (2)(d), and (3.5) added, (SB 23-276), ch. 399, p. 2396, § 51, effective June 6. L. 2024: (2.5), (3.5), and (4) amended, (SB 24-210), ch. 468, p. 3262, § 50, effective June 6. L. 2026: (2)(c) amended, (HB 26-1422), ch. 331, p. 1932, § 9, effective June 2.

Editor's note: This section is similar to former § 1-45-105 as it existed prior to 1996.

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.