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2003 Colorado Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagco0061 and id is 1 raw text is: 876 KEN SALAZAR STATE OF COLORADO 2TASERVICES BUILDING STATEne OFeCOORAD 1525 Sherman Street - 5th Floor Attorney General DEPARTMENT OF LAW Denver Colorado 80203 DONALD S. QUICK Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 ALAN J. GILBERT Solicitor General FORMAL ) OPINION ) ) No. 03 -1 Of ) AG Alpha No. ST EL AGBAS ) January 13, 2003 KEN SALAZAR ) Attorney General ) This opinion concerns election campaign rules contained in an initiative approved by Colorado's voters on November 5, 2002. The initiative amends both the Colorado Constitution and Colorado's Fair Campaign Practices Act (FCPA). It is now Article XXVIII of the Colorado Constitution. This opinion addresses how the rules in the initiative apply to elections in home rule counties and municipalities. This opinion is issued at the request of Colorado Secretary of State Donetta Davidson. QUESTIONS PRESENTED AND CONCLUSIONS Question 1: Do Article XXVIII and the FCPA apply to every home rule county and municipality, regardless of whether the county or municipality has enacted ordinances or charter provisions covering similar subject matter? Answer 1: In election matters of local concern, neither Article XXVIII of the Colorado Constitution nor the FCPA applies to home rule counties and municipalities which have charters or ordinances that already address the matters covered by Article XXVIII and the statute. In addition, Article XXVIII contains only a few provisions that affect local elections, including those that address the definition of a candidate, small donor committee contributions and disclosure. For that reason, even local elections that remain subject to Article XXVIII will not be greatly affected. Question 2: If a home rule county or municipality adopts ordinance or charter provisions more stringent than Article XXVIII and the FCPA, do those more stringent provisions apply to county or municipal elections in accord with Section 1-45-116, C.R.S.?

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