The bill expands the definition of earmark for purposes of the
Fair Campaign Practices Act to include contributions or expenditures greater than $1,000 to support or oppose a specified ballot issue or ballot question.
Further, the bill modifies the process to determine whether an
organization is an issue committee to include an examination of the
organization's pattern of conduct based upon whether the organization:
•
During the combined period of the entire preceding and current calendar years, made either contributions to one or more Colorado issue committees or direct ballot issue or ballot question expenditures, in either support of or opposition to one or more ballot issues or ballot questions, that exceeded 30% of the total expenditures by the organization for any purpose and in any location during the entire preceding and current calendar years;
•
During the combined period of the entire preceding and current calendar years, made either contributions to a single Colorado issue committee or direct ballot issue or ballot question expenditures, in either support of or opposition to a single ballot issue or ballot question, that exceeded 20% of the total expenditures by the organization for any purpose and in any location; or
•
Acted as an issue committee's funding intermediary by making contributions to an issue committee from funds earmarked for the issue committee.
Further, the bill defines direct ballot issue or ballot question
expenditure as the spending of over $5,000 in a calendar year in either support of or opposition to any single ballot issue or ballot question by a person who does not otherwise meet the requirements of an issue committee. Any person who makes a direct ballot issue or ballot question expenditure must report to the secretary of state and must disclose their name in certain communications about a ballot issue or ballot question.
