§ C.R.S. § 1-45-103.7(untitled)

Contribution limits - county offices - school district director - treatment
of independent expenditure committees - contributions from limited liability companies voter instructions on spending limits - definitions. (1) Nothing in article XXVIII of the state
constitution or this article shall be construed to prohibit a corporation or labor organization from
making a contribution to a political committee.
(1.5) (a) (I) The maximum amount of aggregate contributions that any one person other
than a small donor committee or a political party may make to a candidate committee of a
candidate for a county office, and that a candidate committee for such candidate may accept
from any such person, is one thousand two hundred fifty dollars for the primary election and one
thousand two hundred fifty dollars for the general election.
(II) The maximum amount of aggregate contributions that any one small donor
committee may make to a candidate committee of a candidate for a county office, and that a
candidate committee for such candidate may accept from any one small donor committee, is
twelve thousand five hundred dollars for the primary election and twelve thousand five hundred
dollars for the general election.
(III) The maximum amount of aggregate contributions that a political party may make to
a candidate committee of a candidate for a county office, and that a candidate committee for
such candidate may accept from any political party, is twenty-two thousand one hundred twentyfive dollars for the applicable election cycle.
(b) Candidates may accept contributions subject to the aggregate limits specified in
subsection (1.5)(a)(I) or (1.5)(a)(II) of this section in accordance with subsection (3) of this
section.
(c) Any monetary amount specified in subsection (1.5)(a) of this section must be
adjusted in accordance with the adjustments made to other contribution limits as specified in
section 3 (13) of article XXVIII of the state constitution.
(d) The requirements of sections 1-45-108 and 1-45-109, as applicable, apply to any
contribution made or received that is subject to subsection (1.5)(a) of this section.
(e) For purposes of this subsection (1.5), "county office" means a county commissioner,
county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor.
(f) A candidate committee for a county office shall not knowingly accept contributions
from an issue committee or a small-scale issue committee, and a candidate committee shall not
make contributions to an issue committee or small-scale issue committee.
(1.7) (a) The maximum amount of aggregate contributions that a person, excluding a
small donor committee, may make to a candidate committee of a candidate for school district
director, and that a candidate committee for such candidate may accept from any one person
excluding a small donor committee for a regular biennial school election or special school
election, as applicable, is two thousand five hundred dollars.
(b) The maximum amount of aggregate contributions that a small donor committee may
make to a candidate committee of a candidate for school district director, and that a candidate
committee for such candidate may accept from any one small donor for a regular biennial or
special school election, as applicable, is twenty-five thousand dollars.
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(c) Any monetary amount specified in subsection (1.7)(a) or (1.7)(b) of this section must
be adjusted in accordance with the adjustments made to other contribution limits as specified in
section 3 (13) of article XXVIII of the state constitution.
(d) The requirements of sections 1-45-108 and 1-45-109, as appropriate, apply to any
contribution made or received for any four-year election cycle that is subject to subsection
(1.7)(a) or (1.7)(b) of this section.
(1.9) (a) (I) The maximum amount of aggregate contributions that any one person,
including a political party, and excluding a small donor committee, may make to a candidate
committee of a candidate for a municipal office, and that a candidate committee for such a
candidate may accept from any one such person per election is four hundred dollars.
(II) The maximum amount of aggregate contributions that any one small donor
committee may make to a candidate committee of a candidate for a municipal office and that a
candidate committee for such a candidate may accept from any one small donor committee per
election is four thousand dollars.
(III) The requirements of sections 1-45-108 and 1-45-109, as appropriate, apply to any
contribution made or received for any election that is subject to subsection (1.9)(a)(I) or
(1.9)(a)(II) of this section.
(b) As used in this subsection (1.9), "municipal office" means the mayor, the board of
trustees, a member of city council, and any other elected municipal officer.
(2) A political committee may receive and accept moneys contributed to such committee
by a corporation or labor organization pursuant to subsection (1) of this section for disbursement
to a candidate committee or political party without depositing such moneys in an account
separate from the account required to be established for the receipt and acceptance of all
contributions by all committees or political parties in accordance with section 3 (9) of article
XXVIII of the state constitution.
(2.5) (a) An independent expenditure committee differs from a political committee in
that an independent expenditure committee does not coordinate its activities with a candidate or
political party.
(b) An independent expenditure committee shall not be treated as a political committee
and, therefore, is not subject to the requirements of section 3 (5) of article XXVIII of the state
constitution.
(3) A candidate committee established in the name of a candidate affiliated with either a
major political party or a minor political party who is running in a primary election may accept:
(a) The aggregate contribution limit specified in section 3 (1) of article XXVIII of the
state constitution for a primary election at any time after the date of the primary election in
which the candidate in whose name the candidate committee is accepting contributions is on the
primary election ballot; or
(b) The aggregate contribution limit specified in section 3 (1) of article XXVIII of the
state constitution for a general election at any time prior to the date of the primary election in
which the candidate in whose name the candidate committee is accepting contributions is on the
primary election ballot.
(3.5) A candidate committee shall not knowingly accept contributions from an issue
committee or a small-scale issue committee, and a candidate committee shall not make
contributions to an issue committee or small-scale issue committee.
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(4) A candidate committee established in the name of a candidate affiliated with either a
major political party or a minor political party running in a primary election may expend
contributions received and accepted for a general election prior to the date of the primary
election in which the candidate in whose name the candidate committee is accepting
contributions is on the primary election ballot. A candidate committee established in the name of
a candidate affiliated with a major political party or a minor political party running in a primary
election who wins the primary election may expend contributions received and accepted for a
primary election in the general election.
(4.5) (a) A candidate committee established in the name of a candidate who is a write-in
candidate, an unaffiliated candidate, or the candidate of a minor political party who is not
running in a primary election may accept from any one person the aggregate contribution limit
specified in either section 3 (1) of article XXVIII of the state constitution or subsection (1.5)(a)
of this section applicable to the office he or she is seeking at any point during the election cycle
in which the candidate in whose name the candidate committee is accepting contributions is on
the general election ballot.
(b) A candidate committee established in the name of a candidate who is a write-in
candidate, an unaffiliated candidate, or the candidate of a minor political party who is not
running in a primary election may expend contributions received and accepted in accordance
with paragraph (a) of this subsection (4.5) at any point during the election cycle in which the
candidate in whose name the candidate committee is accepting contributions is on the general
election ballot.
(5) (a) No limited liability company shall make any contribution to a candidate
committee or political party if one or more of the individual members of the limited liability
company is:
(I) A corporation;
(II) A labor organization;
(III) A natural person who is not a citizen of the United States;
(IV) A foreign government;
(V) A professional lobbyist, volunteer lobbyist, or the principal of a professional or
volunteer lobbyist, and the contribution is prohibited under section 1-45-105.5 (1); or
(VI) Otherwise prohibited by law from making the contribution.
(b) No limited liability company shall make any contribution to a political committee if
one or more of the individual members of the limited liability company is:
(I) An entity formed under and subject to the laws of a foreign country;
(II) A natural person who is not a citizen of the United States; or
(III) A foreign government.
(c) Notwithstanding any other provision of this subsection (5), no limited liability
company shall make any contribution to a candidate committee or political party if either the
limited liability company has elected to be treated as a corporation by the internal revenue
service pursuant to 26 CFR 301.7701-3 or any successor provision or the shares of the limited
liability company are publicly traded. A contribution by a limited liability company with a single
natural person member that does not elect to be treated as a corporation by the internal revenue
service pursuant to 26 CFR 301.7701-3 shall be attributed only to the single natural person
member.
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(d) (I) Any limited liability company that is authorized to make a contribution shall, in
writing, affirm to the candidate committee, political committee, or political party to which it has
made a contribution, as applicable, that it is authorized to make a contribution, which affirmation
shall also state the names and addresses of all of the individual members of the limited liability
company. No candidate committee, political committee, or political party shall accept a
contribution from a limited liability company unless the written affirmation satisfying the
requirements of this paragraph (d) is provided before the contribution is deposited by the
candidate committee, political committee, or political party. The candidate committee, political
committee, or political party receiving the contribution shall retain the written affirmation for not
less than one year following the date of the end of the election cycle during which the
contribution is received.
(II) Any contribution by a limited liability company, and the aggregate amount of
contributions from multiple limited liability companies attributed to a single member of any such
company under this subparagraph (II), shall be subject to the limits governing such contributions
under section 3 of article XXVIII of the state constitution. A limited liability company that
makes any contribution to a candidate committee, political committee, or political party shall, at
the time it makes the contribution, provide information to the recipient committee or political
party as to the amount of the total contribution attributed to each member of the limited liability
company. The attribution shall reflect the capital each member of the limited liability company
has invested in the company relative to the total amount of capital invested in the company as of
the date the company makes the campaign contribution, and for a single member limited liability
company, the contribution shall be attributed to that single member. The limited liability
company shall then deduct the amount of the contribution attributed to each of its members from
the aggregate contribution limit applicable to multiple limited liability companies under this
subparagraph (II) for purposes of ensuring that the aggregate amount of contributions from
multiple limited liability companies attributed to a single member does not exceed the
contribution limits in section 3 of article XXVIII of the state constitution. Nothing in this
subparagraph (II) shall be construed to restrict a natural person from making a contribution in his
or her own name to any committee or political party to the extent authorized by law.
(5.3) An issue committee or small-scale issue committee shall not knowingly:
(a) Accept contributions from:
(I) Any natural person who is not a citizen of the United States;
(II) A foreign government;
(III) Any foreign corporation that does not have the authority to transact business in this
state pursuant to article 115 of title 7 or any successor section; or
(IV) A candidate committee;
(b) Make contributions to a candidate or candidate committee.
(5.5) A natural person who is not a citizen of the United States, a foreign government, or
a foreign corporation shall not establish, register, or maintain a political committee, small donor
committee, political party, issue committee, or small-scale issue committee, or make an
electioneering communication or regular biennial school electioneering communication.
(5.7) A natural person who is not a citizen of the United States, a foreign government, or
a foreign corporation shall not make any direct ballot issue or ballot question expenditure in
connection with an election on a ballot issue or ballot question in