Colorado § 1-45-116 - Home rule counties and municipalities.

§ 1-45-116. Home rule counties and municipalities.

Any home rule county or municipality may adopt ordinances or charter provisions with respect to its local elections that are more stringent than any of the provisions contained in this act. Any home rule county or municipality which adopts such ordinances or charter provisions shall not be entitled to reimbursement pursuant to subsection 1-45-112 (2). The requirements of article XXVIII of the state constitution and of this article shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by article XXVIII and this article.

Source: Initiated 96: Entire article R&RE, effective upon proclamation of the Governor, January 15, 1997. L. 2003: Entire section amended, p. 2161, § 7, effective June 3.

Editor's note: This section is similar to former § 1-45-120 (1) as it existed prior to 1996.

ANNOTATION

Because Colorado Springs, as a home rule municipality, enacted a campaign practices ordinance, this section expressly provides that neither the campaign finance provisions of the state constitution nor this article applies to a complaint submitted to the secretary of state (secretary) alleging that certain candidates for city council had violated the ordinance. Accordingly, an administrative law judge to whom the complaint had been forwarded by the secretary lacks subject matter jurisdiction over campaign practices arising out of the city's elections and properly dismissed the complaint. The attempted referral of the complaint to the secretary conflicts with the clear intent of the general assembly to exclude home rule municipality elections from state disclosure requirements when the home rule municipality has adopted its own ordinances regulating campaign practices. In re City of Colo. Springs, 2012 COA 55, 277 P.3d 937.