Section 1-45-108.3 - Disclaimer statement - committees - electioneering communications - direct ballot issue or ballot question expenditures(1) A candidate committee, political committee, issue committee, small donor committee, political organization, political party, or other person making an expenditure in excess of or spending more than one thousand dollars per calendar year on a communication that must be disclosed under article XXVIII of the state constitution or under this article 45 or supports or opposes a ballot issue or ballot question, and that is broadcast, printed, mailed, delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed shall include in the communication a disclaimer statement in accordance with subsection (2) of this section.(2) The disclaimer statement required by subsection (1) of this section must conform to the requirements specified in section 1-45-107.5(5) for content, size, duration, and placement.(3) In addition to any other applicable requirements provided by law, any person who expends one thousand dollars or more per calendar year on electioneering communications or regular biennial school electioneering communications shall, in accordance with the requirements specified in section 1-45-107.5(5), state in the communication the name of the person making the communication. For purposes of this subsection (3), an "electioneering communication" also includes any communication that satisfies all other requirements set forth in section 2 (7) of article XXVIII of the state constitution but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.(4) Any person who makes a direct ballot issue or ballot question expenditure shall, pursuant to section 1-45-107.5(5), state their name in any communication that is broadcast, printed, mailed, or delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed to persons who are eligible to vote on the ballot issue or ballot question and is produced or funded, either in whole or in part, by the person who made the direct ballot issue or ballot question expenditure.Amended by 2022 Ch. 400,§3, eff. 6/7/2022.Amended by 2019 Ch. 328,§5, eff. 8/2/2019.Amended by 2019 Ch. 69,§3, eff. 8/2/2019 and applicable to the portion of any election cycle or for the portion of the calendar year remaining after the effective date of this act and for any election cycle or calendar year commencing after such effective date, whichever is applicable.L. 2010: Entire section added, (HB 10-1370), ch. 270, p. 1242, §6, effective January 1, 2011.(1) Section 4(2) of chapter 69 (SB 19-068), Session Laws of Colorado 2019, provides that the act changing this section applies to the portion of any election cycle or for the portion of the calendar year remaining after August 2, 2019, and for any election cycle or calendar year commencing after August 2, 2019, whichever is applicable.
(2) Section 7(2) of chapter 328 (HB 19-1318), Session Laws of Colorado 2019, provides that the act changing this section applies to the portion of any election cycle or to the portion of the calendar year remaining after August 2, 2019, and for any election cycle or calendar year commencing after August 2, 2019, whichever is applicable.
For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 270, Session Laws of Colorado 2010.