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2004 Colorado Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagco0063 and id is 1 raw text is: KEN SALAZAR Attorney General DONALD S. QUICK Chief Deputy Attorney General ALAN J. GILBERT Solicitor General STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATrORNEY GENERAL STATE SERVICES BUILDING 1525 Sherman Street - 5th Floor Denver Colorado 80203 Phone (303) 866-4500 FAX (303) 866-5691 FORMAL ) No. 04-01 OPINION ) Alpha No. ST EL AGBBB ) Donations to Elected Officials for Of ) Expenses Relating to ) Official Duties KEN SALAZAR ) January 14, 2004 Attorney General ) Colorado elected officials receive donations of funds or property from persons or entities that are designated to be used in connection with their office, rather than for election purposes. This opinion considers whether Article XXVIII of the Colorado Constitution, a provision concerning campaign and political finance, applies to these donations. This opinion is issued at the request of the Colorado Secretary of State. QUESTION PRESENTED AND CONCLUSION Question: Under Art. XXVIII of the Colorado Constitution, does the term contribution include donations of money or property to, and used by, elected officials, including incumbents and candidates elected to public office, for the purpose of providing service to the public? Answer: No. The language of Art. XXVIII of the Colorado Constitution is unambiguous. It is intended to cover only donations or expenditures related to election activities. The Colorado Sunshine Law requires elected officials to publicly disclose and report to the Secretary of State any money or gifts compensating them for their services or given to them to defray expenses related to their public service. Section 24-6-403, C.R.S. This provision is similar to federal election laws that require accounting and reporting of these contributions under 11 C.F.R. §113.3 (2003). The General Assembly might amend Colorado's Sunshine Law to require more frequent or timely reporting of contributions, or to place limits on size, source and total amount of such contributions.

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