GENERAL CAMPAIGN FINANCE REGULATIONS

Denver Revised Municipal Code ch. 15, art. III, div. 1

in effect

Denver Revised Municipal Code § 15-31 Purpose and finding.

Sec. 15-31. - Purpose and finding. (a) As a home rule city under article XX of the Colorado Constitution, the people hereby find and declare that preserving integrity and openness in the political process is a matter of the highest public interest; that the people of Denver can be better served through a more informed electorate; that the trust of the people is essential to representative government; and that public disclosure and regulation of certain campaign contributions are necessary to promote public confidence in government and to protect the integrity of the electoral process. (b) The people further find and declare that establishment of a voluntary alternative source of campaign financing in the form of limited public matching funds is required because the costs of running political campaigns have dramatically escalated in recent years, leading to a public perception that special interests and wealthy individuals may have undue influence on or access to elected officials. It is also the policy of the city to promote and encourage broad-based citizen involvement in the financing of election campaigns. Providing public funds to match small donations from city residents will give a greater voice to smaller donors, thereby encouraging more citizens to get involved in the financing of election campaigns and fosters an open political process which allows incumbents and challengers alike to compete in the marketplace of ideas on a fair and equitable basis. (c) The people further find and declare that adequate enforcement of the provisions of this article is required to protect public confidence in the political process. (d) The people of Denver voted in 1974 to amend the Charter to provide for limitations on political contributions and expenditures to be adopted by ordinance. This article implements section 8.2.15 of the Charter. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-32 Definitions.

Sec. 15-32. - Definitions. As used in this article, the following words and phrases shall have the following meanings, unless otherwise clearly indicated by the context: (1) Candidate means any person who: a. Seeks election or re-election to the offices of mayor, auditor, clerk and recorder, member of city council and any judge of the county court who seeks to be retained in office. A person is a candidate upon the first of the following to occur: 1. The person has publicly announced an intention to seek election or re-election to office and the person, or a candidate committee authorized by the person, has received contributions, contributions in-kind, or has made expenditures, aggregating five hundred dollars ($500.00) or more during the election cycle; 2. The person has filed nominating petitions pursuant to section 8.2.7 of the Charter; or 3. The person has filed a declaration of intent to run for another term as judge under section 4.1.5 of the Charter. b. As an incumbent, an unsuccessful candidate for office, or former office holder, still has a cash balance of contributions or a debt or deficit or who receives contributions or contributions in-kind. (2) Candidate committee means the committee authorized by a candidate to receive contributions or contributions in-kind or make expenditures on behalf of such candidate. (3) Cash or coin means coin or paper money of the United States that is designated as legal tender, is circulated, and is customarily used and accepted as a medium of exchange. (4) Commercial loan means any loan of money by a commercial lending institution made in accordance with applicable law and in the ordinary course of business, but such loans shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule, and shall bear the usual and customary interest rate of the lending institution. (5) Contribution means a gift, loan, pledge or advance of money; guarantee or endorsement of loan; letter of credit or line of credit made by any person for the purpose of influencing any election. Contribution includes, but is not limited to: a. A transfer of money received from another candidate or committee; b. The payment of compensation for personal services rendered to a candidate or committee if the payment is made by any person other than the candidate or committee receiving the services; c. A payment made to a third party at the request of, or with the prior knowledge of, a candidate, committee, or agent of either; d. A payment made after an election to meet any deficit or debt incurred during the course of a campaign; e. A loan, other than a commercial loan, to a candidate or committee, up until the time when the loan is fully paid. An unsecured loan shall be a contribution from the lender. A secured or guaranteed loan shall be a contribution from the guarantor or person whose property secures the loan; and f. An unpaid financial obligation which is forgiven. A contribution does not include services provided without compensation by any individual who volunteers on behalf of a candidate or committee. (6) Contribution in-kind means a gift or loan of any item of real or personal property, or any other thing of value, but not including money, made to or for any candidate or committee for the purpose of influencing an election or for the purpose of disseminating newsletters related to the scope of duties of an incumbent but does not include services provided without compensation by any individual who volunteers on behalf of a candidate or committee or an endorsement of candidacy or issue by any person. In determining the value to be placed on contributions in-kind, a reasonable estimate of the fair market value shall be used. (7) Contributor means any person who makes a contribution or contribution in-kind. (8) a. Controlled by or coordinated with a candidate committee or issue committee means a communication that refers to a candidate, ballot issue, or ballot question when: 1. The communication is made in cooperation or consultation with, or at the request or suggestion of, a candidate, or issue committee or agents of the candidate or committee, including any general or particular understanding with, or pursuant to any non-public communication with, the candidate, committee, or agents; 2. The communication is made by a person or committee that was directly or indirectly formed by, or at the request of, the candidate or issue committee or agents of the candidate or committee, or by a person or committee that is established, financed, directed or controlled by a member of the immediate family of the candidate; or 3. The candidate, issue committee, or agents of the candidate or committee solicit funds or appear at fundraising events on behalf of the person or committee making the communication during the same election cycle as the communication is made. b. No communication shall be considered controlled by or coordinated with a candidate or issue committee if it is a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political action committee, or candidate or the communication is a candidate or issue debate or promotion materials for such a debate. c. Any communications referring to a candidate or ballot issue or ballot question that are controlled by or coordinated with a candidate or issue committee or their agents pursuant to this section are deemed to be contributions to the candidate or issue committee and are subject to all contribution limits and prohibitions in section 15-35 and reporting requirements in sections 15-37. (9) Covered entity means the following: a. An organization or enterprise operated for profit, including a corporation, association, proprietorship, firm, partnership, business trust, holding company, limited liability company, limited liability partnership, or similar legal entity through which business is conducted; b. A labor organization; c. An organization or corporation that is tax-exempt under section 501(c) of the Internal Revenue Code of 1986; or d. A political organization that is tax-exempt under section 527 of the Internal Revenue Code of 1986 and that is primarily operated for purposes other than to support or oppose the nomination or election of one (1) or more candidates, or the qualification or passage of a ballot issue or ballot question. (10) Election means any city general election or run-off election; any special election held to elect Charter officers listed in section 9.2.1(A) of the Charter, held under section 1.1.13 of the Charter, or at which an issue is submitted to the electorate as required by part 3 of article VIII of the Charter; any election at which a Charter amendment or the question of issuing bonds is submitted to the electorate; or any election held under article X, section 20, paragraph (3) of the Colorado Constitution. (11) Election cycle means: a. For the candidates of mayor, auditor, clerk and recorder, and member(s) of city council, the period from January 1 of the year following a general municipal election held to elect Charter officers listed in section 9.2.1 of the Charter through December 31 of the next year in which such an election is held; b. For judges in their first term, the date from appointment as a judge through December 31 of the year in which the judge is subject to a retention election as required by section 4.1.5 of the Charter; c. For judges in other terms, the period from January 1 of the year following the last election for retention of the judge through December 31 of the year in which the next retention election is held; d. For any vacancy election, the election cycle shall end on December 31 of the year in which the vacancy election is held and a new election cycle shall begin on January 1 of the following year, and shall end on December 31 of the next year in which a general municipal election is held; and e. For any ballot issue or ballot question, except as otherwise provided in section 15-37(d), the calendar period from January 1 through December 31 during which the issue or question is on the ballot. (12) Electioneering communication means any communication broadcasted by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, placed on a website, streaming media service, or online forum for a fee, or a pre-recorded audio message delivered by telephone, that: a. Unambiguously refers to any candidate, ballot issue or ballot question; and b. Is broadcast, printed, mailed, delivered, posted or otherwise distributed in the period beginning sixty (60) days before a general municipal election until the run-off election, or within thirty (30) days of a special or vacancy election; and c. Is broadcast to, printed in a newspaper distributed to, mailed to, delivered by hand to, targeted online to, or posted on a billboard to an audience that includes members of the electorate for the candidate, ballot issue or ballot question. d. Electioneering communication does not include: 1. Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party; 2. Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party; or 3. Any communication by persons, other than committees, made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families. e. An electioneering communication is made when the money for the communication is obligated or when the money is actually spent, whichever occurs first. (13) Expenditure means the purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, made by any person for the purpose of influencing an election. Expenditure includes a transfer of money from one (1) committee to another. An expenditure occurs when the actual payment is made. A written contract, promise or agreement to make an expenditure shall be considered and reported as an unpaid obligation if payment is thirty (30) days or more overdue. An expenditure that is controlled by, or coordinated with, a candidate or committee or agent of either, is deemed to be an expenditure of the committee. (14) Independent expenditure means an expenditure made by any person for the purpose of expressly advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question that is not controlled by, or coordinated with, any candidate or issue committee or agent of a candidate or issue committee. Independent expenditure does not include: a. Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate; b. Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate; c. Any communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families; or d. An independent expenditure is made when the money for the expenditure is obligated or when the money is actually spent, whichever occurs first. (15) Issue committee means any committee, club, association, corporation, or other group of persons which receives contributions or contributions in-kind aggregating five hundred dollars ($500.00) or more during an election cycle and makes expenditures aggregating five hundred dollars ($500.00) or more during an election cycle for the major purpose of supporting or opposing one (1) or more ballot issues or ballot questions. Issue committee does not include political parties, political action committees, or candidate committees as otherwise defined in this section. (16) Person shall have the same meaning as contained section 1-2. (17) Political action committee means any committee, club, association, local political party, or other group of persons not authorized by a candidate and formed for the major purpose of making contributions to candidate, issue, or political action committees, which receives contributions or contributions in-kind aggregating five hundred dollars ($500.00) or more during an election cycle and which makes expenditures aggregating five hundred dollars ($500.00) or more during an election cycle. Political action committee includes a committee, club, association or other group which solicits contributions or contributions in-kind and places such contributions or contributions in-kind in its treasury for distribution to candidate, issue, or political action committees. Political action committee does not include a committee, club, association or other group which solicits individual contributions and passes those contributions along to candidate, issue, or political action committees without placing the contributions in its own treasury prior to distribution to a political action committee. (18) Small donor committee means any political committee that has accepted contributions only from natural persons who each contributed no more than fifty dollars ($50.00) in the aggregate per year. "Small donor committee" does not include political parties, political action committees, issue committees, or candidate committees. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-33 Candidate affidavit, financial disclosure, and committee designation.

Sec. 15-33. - Candidate affidavit, financial disclosure, and committee designation. (a) Candidate affidavit. Within ten (10) days after becoming a candidate for the applicable election cycle each candidate shall affirm to the clerk and recorder that the person is familiar with the provisions of this article. (b) Financial disclosure. All candidates shall file a financial disclosure statement containing the information required by section 2-72 with the clerk and recorder within ten (10) days after becoming a candidate for the applicable election cycle. (c) Committee designation. A candidate shall designate a candidate committee for the applicable election cycle no later than ten (10) days after becoming a candidate and shall file, or cause the committee to file, a statement of organization as provided in this division. (1) Except as provided in subsection (2), a candidate may only designate one (1) candidate committee during the election cycle. (2) A candidate may designate one (1) other candidate committee for a separate city office before closing the original committee solely in order to transfer funds to the new committee if the candidate transfers money from the original committee to the new committee, then closes the original committee no later than ten (10) days after such transfer. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-34 Organization of candidate committees, issue committees, political action committees and small donor committees.

Sec. 15-34. - Organization of candidate committees, issue committees, political action committees and small donor committees. (a) Statement of organization. Candidate, small donor, and political action committees shall file a statement of organization with the clerk and recorder no later than ten (10) days after becoming a committee. Issue committees shall file a statement of organization with the clerk and recorder no later than ten (10) days after becoming a committee or, for proponents of an initiative, referendum, or recall petition, no later than ten (10) days from the date on which the clerk and recorder approves the affidavit, ballot title, and petition form for the applicable ballot issue or question, whichever is earlier. The statement of organization shall include: (1) The name and address of the committee; (2) The name of the candidate or description of the issue that the committee supports or opposes, and any other purpose of the committee; (3) The name, address, and telephone number of the treasurer of the committee; and (4) A list of any financial institutions or depository institutions used by the committee. (b) Treasurer designation. Every committee shall have a treasurer. For a candidate committee, the candidate shall be the treasurer if no other person is appointed. Every person who receives a contribution or contribution in-kind for a committee shall, no later than ten (10) days after receipt, forward such contribution or contribution in-kind to the treasurer, along with the information required by section 15-37. No expenditure shall be made for or on behalf of a committee without the authorization of the treasurer or the treasurer's designated agent. (c) Treasurer affidavit. The treasurer of every committee shall certify by affidavit filed with the clerk and recorder that the treasurer is familiar with the provisions of this article no later than ten (10) days after formation. In the event that a treasurer is replaced, the new treasurer shall file the affidavit with the clerk and recorder no later than ten (10) days after being appointed. (d) Separate bank accounts. All funds of a committee shall be segregated from, and may not be commingled with, the personal funds of any other person and shall be deposited in a financial institution in an account whose title includes the name of the committee. The account shall be used solely by the committee named. (e) Record preservation. Except as otherwise provided in this article, the treasurer shall preserve all records required to be kept by this article and copies of all reports required to be filed by this article for five (5) years after the report is filed or until final disposition of any complaint and consequent litigation, whichever is later. Such records are subject to public inspection at any hearing held pursuant to this article. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-35 Contribution limits and prohibitions.

Sec. 15-35. - Contribution limits and prohibitions. (a) Aggregate contribution limit. Except as provided in subsection (g), no person other than a small donor committee shall make contributions or contributions in-kind to a candidate, and no candidate or candidate committee shall accept contributions or contributions in-kind that, in the aggregate during an election cycle, exceed the following amounts: (1) For the office of the mayor .....$1,190.00 (2) For the offices of councilmember-at-large, clerk and recorder, auditor, and judge .....$835.00 (3) For the office of district councilmember .....$475.00 (b) Small donor committee limit. No small donor committee shall make and no candidate or candidate committee shall accept contributions or contributions in-kind that, in the aggregate during the election cycle, exceeds ten (10) times the aggregate contribution limit for the office the candidate seeks. (c) Inflation adjustment. The aggregate contribution limit shall be adjusted every four (4) years by an amount based upon the percentage change over a four-year period in the United States Department of Labor (Bureau of Labor Statistics) consumer price index for Denver-Aurora-Lakewood, all items, all consumers, or its successor index, rounded to the lowest five-dollar ($5.00) increment. The adjustment shall take effect on January 1, 2028, and every four (4) years thereafter. The clerk and recorder shall specify the limits as adjusted in rules promulgated pursuant to this article and shall make such limits available on the public website of the city. (d) Cash contribution limit. No person may make a contribution in cash or coin to any committee which exceeds fifty dollars ($50.00), and no committee shall accept any contribution in cash or coin above fifty dollars ($50.00). (e) Prohibited contributions. (1) No covered entity or other entity, other than an entity who has filed a statement of organization pursuant to this article as a committee, may make a contribution or contribution in-kind to a candidate committee and candidate committees may only accept contributions and contributions in-kind from natural persons and committees who have filed a statement of organization pursuant to this article. (2) No person may make a contribution of cryptocurrency to any committee and no committee may accept contributions in cryptocurrency. (3) Anonymous contributions and anonymous contributions in-kind may not be retained or expended by any committee. (f) Disposition of excess and prohibited contributions. (1) The treasurer of a committee who receives any contribution, contribution in-kind, or portion thereof, which exceeds the aggregate contribution limits in this article, or which is prohibited in this article, shall remit such contribution, contribution in-kind, or portion thereof to the contributor no later than seventy-two (72) hours after receipt. If, after reasonable effort, the committee is unable to return the contribution, contribution in-kind, or portion thereof to the contributor, the committee may remit the amount to the manager of finance for deposit into the general fund. (2) Anonymous contributions and contributions in-kind received by a candidate committee shall be remitted to the manager of finance for deposit into the general fund no later than seventy-two (72) hours after receipt, and the distribution of such funds shall be indicated on the next report required to be filed pursuant to this division. (g) Exceptions. This section shall not apply to contributions or contributions in-kind from the candidate's personal funds to the candidate's own campaign, any loan to the candidate's own campaign which is personally guaranteed by the candidate or secured by the candidate's property, or a transfer between committees as authorized in section 15-33. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-36 Use of campaign funds.

Sec. 15-36. - Use of campaign funds. (a) General prohibition. No committee may use any contribution or contribution in-kind for private purposes not reasonably related to influencing an election. No candidate committee may use any contribution or contribution in-kind for private purposes not reasonably related to supporting the election of the candidate who designated the committee. (b) Exceptions. Contributions and contributions in-kind to any committee may be returned to contributors or donated to a nonprofit organization in good standing under section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended. Contributions and contributions in-kind to a candidate committee may be: (1) Contributed to a candidate committee established by the same candidate for a different elected office as provided in section 15-33; (2) Contributed to a candidate committee for any other candidate running for elected office of the city; (3) Contributed to any issue committee organized to support or oppose any city or state ballot question or ballot issue, or any ballot issue or ballot question proposed by a special district or governmental entity that includes territory within the city; (4) Retained by the committee for use by the candidate in a subsequent campaign as a candidate for any elected office of the city; (5) Donated to the fair election fund established under division 2; or (6) For any person elected to office, used to: a. Encourage voter registration; b. Provide political education, which includes obtaining information from or providing information to the electorate; or c. To defray the cost of expenses that are directly related to such person's official duties as an elected official of the city, including, but not limited to, reasonable and necessary expenses related to mailings and similar communications to constituents, expenses for the purchase or lease of office equipment and supplies, room rental for public meetings, necessary travel and lodging expenses for legislative education such as seminars, conferences, and meetings on legislative issues, and telecommunication expenses. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-37 Reporting requirements for candidate committees, issue committees, political action committees, and small donor committees.

Sec. 15-37. - Reporting requirements for candidate committees, issue committees, political action committees, and small donor committees. (a) Applicability. The reporting requirements of this section shall apply to all committees upon filing of a statement of organization, and the committee shall be responsible for reporting all information during the reporting period in which they are formed. The reporting requirements shall continue to apply to all committees which have a cash balance of contributions or an expenditure deficit and shall end when the committee files a report showing no unexpended balance, no debt, and no expenditure deficit. (b) Contents of reports. The treasurer of each committee shall file reports with the clerk and recorder during the election cycle in accordance with the provisions of this section and shall attest to the accuracy of each report. Any contributions or contributions in-kind received or expenditures made by the candidate or committee during the election cycle, but prior to becoming a candidate or committee shall be reported in the first report required under this section. Each report shall contain: (1) The amount of funds on hand at the beginning of the reporting period; (2) The amount and date of each contribution and contribution in-kind received during the reporting period; (3) The name and address of each contributor; (4) The occupation and employer of any natural person whose contributions and contributions in-kind aggregate fifty dollars ($50.00) or more during the election cycle; (5) The total amount of all expenditures during the reporting period; (6) The name and address of each person who received an expenditure from the committee or the candidate prior to the person becoming a candidate with an aggregate value of fifty dollars ($50.00) or more in an election cycle, together with the date, amount, and types of goods or services purchased; (7) The name and address of any bank or other depository for funds used by the committee or the candidate prior to the person becoming a candidate; (8) The details of any loan of money, letter of credit, line of credit, or commercial loan ("loan") made to the committee or the candidate prior to the person becoming a candidate during the reporting period, including identification of the lender or entity; identification of any endorser or guarantor; the amount guaranteed; the date the loan was made; the amount of the loan; the method of disposition; the balance due; the terms of interest and the total amount of interest, if any; and (9) The details of any unpaid obligation of five hundred dollars ($500.00) or more which is at least thirty (30) days overdue and is not otherwise included as a contribution or contribution in-kind incurred during the reporting period, including the name and address of the person to whom the obligation is due; the due date of the obligation; the purpose of the obligation; and the total amount past due of the obligation. (c) Frequency of reports for candidate committees, political action committees, and small donor committees. Candidate committees, political action committees, and small donor committees shall file reports with the clerk and recorder throughout the election cycle, with increasing frequency. Reports shall be filed beginning semiannually, then quarterly, then monthly, and shall be followed by pre-election reports approximately once every two (2) weeks, run-off election reports, a post-election report, and a year-end report. The reporting periods and schedule shall be as follows: (1) Non-election years. a. During the first two (2) years of an election cycle, each committee shall file semiannual reports. The first report shall cover January 1 to June 30 and is due on or before July 31. The second report shall cover July 1 to December 31 and is due on or before January 31 of the following year. b. During the third year of an election cycle, each committee shall file quarterly reports due no later than the 15 th day after the end of the applicable quarter. (2) General election year. a. A monthly report for the period beginning January 1 to January 31, which shall be filed no later than February 5; b. A monthly report for the period beginning February 1 to February 28, which shall be filed no later than March 5; c. A pre-election report for the period beginning March 1 to March 14, which shall be filed no later than March 17; and d. A pre-election report for the period of March 15 to the Wednesday before the general election, which shall be filed no later than the Friday before the general election. (3) Run-off election period. a. A pre-run-off election report for the period beginning the Thursday before the general election through April 30, which shall be filed no later than May 3; b. A pre-run-off election report for the period beginning May 1 through the Wednesday before the run-off election, which shall be filed no later than the Friday before the run-off election; c. A post-election report for the period beginning the Thursday before the run-off election to twenty-five (25) days after the run-off election, which shall be filed no later than thirty (30) days after the run-off election; and d. A year-end report for the period beginning twenty-six (26) days after the run-off election through December 31, which shall be filed no later than January 31 of the following year. (4) Special elections. Beginning in the month that a candidate is declared or a candidate committee is formed for the office, the following reports shall be filed: a. A report for each month before the month preceding the special election, which shall be filed no later than the 5 th day of the following month; b. A pre-election report for the period beginning the 1 st day of the month immediately preceding the election through the 14 th day of that month, which shall be filed no later than the 17 th day of that month; c. A pre-election report for the period beginning on the 15 th day of the month immediately preceding the election through the Wednesday before the election, which shall be filed no later than the Friday before the election; d. A post-election report for the period beginning on the Thursday before the election through the 25 th day after the election, which shall be filed no later than the 30 th day after the election; and e. A year-end report for the period beginning on the 26 th day after the election through December 31, which shall be filed no later than January 31 of the following year. (d) Frequency of reports for issue committees. Issue committees shall file reports with the clerk and recorder throughout the election cycle, with increasing frequency. Reports shall be filed beginning monthly and shall be followed by pre-election reports approximately once every two (2) weeks, along with a post-election report and a year-end report. The reporting periods and schedule shall be as follows: (1) A report for each month before the month preceding the election, which shall be filed no later than the 5th day of the following month; (2) A pre-election report for the period beginning on the 1 st day of the month immediately before the election through the 14 th day of that month, which shall be filed no later than the 17 th day of that month; (3) A pre-election report for the period beginning on the 15 th day of the month immediately before the election through the Wednesday before the election, which shall be filed no later than the Friday before the election; (4) A post-election report for the period beginning on the Thursday before the election through the 25 th day after the election, which shall be filed no later than the 30 th day after the election; and (5) A year-end report for the period beginning on the 26 th day after the election through December 31, which shall be filed no later than January 31 st of the following year. Provided, however, in a year with two (2) or more elections at which (1) or more ballot issues or ballot questions may be voted on, the year-end report shall only include the period beginning on the 26 th day after the election through the end of that month and shall be filed no later than the 5 th day of the following month. Issue committees shall then resume monthly reports required by this section on the 1 st day of the following month and file the pre-election, post-election, and year-end reports required by this section for the second election. (e) Major contribution reports. In addition to other reports required by this section, the committee's treasurer shall file a report with the clerk and recorder if the committee receives any contribution or contribution in-kind of one thousand dollars ($1,000.00) or more during the period beginning on the Thursday before the election through, and including, the Monday before the election. Notwithstanding the reporting requirements in subsection (g), such report shall be filed no later than twenty-four (24) hours after receipt of such contribution or contribution in-kind. (f) Incomplete reports. If the clerk and recorder deems any report required by this section to be incomplete, the clerk and recorder may deem such report deficient, accept such report on a conditional basis and notify the committee treasurer as provided in section 15-45. (g) Deadlines and posting. Reports required to be filed by this article shall be deemed timely filed if received by the clerk and recorder no later than 11:59 p.m. on the designated day. If a reporting deadline, other than the reporting deadlines for major contributions identified in this section or expenditures identified in section 15-39, falls on a weekend, legal holiday, or a City and County of Denver furlough day, the report shall be filed by the next business day. The clerk and recorder shall post all reports required by this article on the city's internet website no later than 5:00 p.m. on the business day following the deadline for submission of the report. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-38 Closing of committees.

Sec. 15-38. - Closing of committees. (a) Candidate committees. Candidate committees shall be closed no later than four (4) years from the date of the general municipal election, run-off election, or expiration of the incumbent officeholder's final term of office, whichever is later. On or prior to the date of closure, the treasurer of a candidate committee shall notify the clerk and recorder and file a report showing no unexpended balance, no debt, and no expenditure deficit. (b) Issue committees. Issue committees shall be closed no later than one (1) year from the date of the election at which the ballot issue for which it was formed is voted on. On or prior to the date of closure, the treasurer of an issue committee shall notify the clerk and recorder and file a report showing no unexpended balance, no debt, and no expenditure deficit. Any issue committee that fails to close shall continue filing all required reports for the subsequent election cycle and shall be subject to the penalties provided in this division. (c) All other committees. At the election of the treasurer, a small donor committee or political action committee may close their account by notifying the clerk and recorder and filing of a report showing no unexpended balance, no debt, and no expenditure deficit. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-39 Reporting requirements for independent expenditures and electioneering communications.

Sec. 15-39. - Reporting requirements for independent expenditures and electioneering communications. (a) Reporting. Once any person spends an aggregate of one thousand dollars ($1,000.00) or more on either electioneering communications or independent expenditures in an election cycle, the person shall file an initial report that accounts for the first one thousand dollars ($1,000.00) of spending. The person shall then file a report for each subsequent electioneering communication or independent expenditure, regardless of the amount. Notwithstanding the reporting deadline identified in section 15-37, the report shall be filed within forty-eight (48) hours after obligating the money or actually spending the money, whichever occurs first. (b) Affirmation. No later than ten (10) days after filing the first report in an election cycle under this section, the individual responsible for filing reports shall affirm to the clerk and recorder that the person is familiar with the provisions of the article. If another person replaces the individual responsible for filing on behalf of the entity, the new person shall make the affirmation within ten (10) days after being appointed. (c) Contents of report. Both the initial report and subsequent reports shall include the following: (1) If the communication is made by a natural person, the full name, mailing address, telephone number, email address, occupation, and employer of the person; (2) If the communication is made by a covered entity or other organization: a. The full name, mailing address, telephone number, and email address of the individual filing the report on behalf of the organization; b. The URL for the website of the organization; c. The full name of each principal owner of the organization; d. The business or purpose of the organization, including its tax-exempt status; and e. The street address of the organization's principal place of operations, if different from the mailing address. (3) Whether each communication is an independent expenditure or electioneering communication; (4) The date and method of each communication; (5) The name of the candidates, ballot issues, or ballot questions referred to in the communication and whether the communication supports or opposes the candidate, issue, or question; and (6) The amount spent on each communication and the source of the funds including the name, address, employer and occupation of any person that donated fifty dollars ($50.00) or more for the purposes of making the communication or a brief description of the source if the person used, in whole or in part, receipts that are not donations such as investment income, capital gains, regular membership dues, income earned from providing goods, services or facilities, or sales of assets. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-40 Disclosure required for independent expenditures, electioneering communications, and other campaign communications.

Sec. 15-40. - Disclosure required for independent expenditures, electioneering communications, and other campaign communications. Whenever any person makes an electioneering communication, independent expenditure, or other communication expressly advocating a particular result in an election, or solicits any contribution or contribution in-kind, through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public advertisement, such communication shall: (a) Clearly state that the communication is paid for by a committee if paid for and authorized by a committee or its agent; (b) Clearly state both the full name of the person who paid for the communication and the name of the committee that authorized it if paid for by other persons but authorized by a committee or its agent; or (c) Clearly state the full name of the person that paid for the communication and include a statement that the communication is not authorized by any candidate or committee if paid for by a person as an independent expenditure or electioneering communication that is not controlled by or coordinated with a candidate or committee. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-41 Payments and rebates for political advertising.

Sec. 15-41. - Payments and rebates for political advertising. (a) Payments for political advertising. No candidate, campaign treasurer, or campaign committee may pay any radio or television station, newspaper, periodical, or other supplier of materials or services a higher charge than that normally required for local commercial customers for comparable use of space, materials, or services. (b) Rebates prohibited. No radio or television station, newspaper, periodical, or other supplier of materials or services may rebate, directly or indirectly, any rate charged to a candidate, campaign treasurer or campaign committee. (c) Exception. Nothing in this section shall be construed to prevent an adjustment in rates related to frequency, volume, production costs, and agency fees, if such adjustments are offered consistently to other advertisers. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-42 Encouraging withdrawal from campaign prohibited.

Sec. 15-42. - Encouraging withdrawal from campaign prohibited. No person shall offer or give any candidate or candidate committee any money or any other thing of value for the purpose of encouraging the withdrawal of the candidate's candidacy, nor shall any candidate offer to withdraw a candidacy in return for money or any other thing of value. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-43 Limitations on use of city funds and city staff time for election matters.

Sec. 15-43. - Limitations on use of city funds and city staff time for election matters. (a) Use of city funds and staff time. Except as provided in subsections (b) and (c), no department, agency, board, commission, officer or employee of the city, may expend city funds or use city staff time with the intent to further a campaign for the nomination, retention, election, or recall of a person to a public office in an election or with the intent to urge electors to vote for or against a: (1) Municipal ballot issue or ballot question, after the clerk and recorder has approved the contents of the affidavit, ballot title, and petition sample, as specified in section 8.3.2 of the Charter; (2) Statewide ballot issue or ballot question after the title has been fixed; (3) Statewide or municipal referred measure after final passage of the bill referring the measure; (4) Municipal measure for the recall of an elected officer, after the clerk and recorder has approved the contents of the affidavit, ballot title, and petition sample, as specified in section 8.3.2 of the Charter; or (5) Measure for the recall of a state elected officer upon the final determination of sufficiency. (b) Exceptions. Nothing in this section shall prohibit a department, agency, board, commission, officer or employee from: (1) Providing the text of an issue, question, or measure, or report the details of any official action taken to refer an issue, question, or measure; (2) Taking actions necessary to compile and distribute the fiscal impact estimate and ballot information booklet authorized in article I of this chapter, or necessary to comply with any of the provisions of this article; (3) Passing a resolution or proclamation analyzing and commenting on an issue, question, or measure or report the passage of such resolution or proclamation; (4) Permitting or allow an individual or group to use a city facility or city staff time for political purposes if the facility or city staff are offered or available to the public on the same terms regardless of the use and content of the activity; (5) Responding to unsolicited questions or requests for information about a candidate, issue, question, or measure; (6) Expending fifty dollars ($50.00) or less of city funds, or city staff time calculated by an hourly rate, in the form of letters, telephone calls, or other activities incidental to expressing their opinion on a candidate, issue, question, or measure; or (7) Dispensing a factual summary of an issue, question, or measure, that includes arguments both for and against the issue, question, or measure, which does not contain a conclusion or urge electors to vote for or against the issue, question, or measure. (c) Elected officials. Nothing in this section shall prohibit an elected official from expressing their personal opinion on a candidate, issue, question, or measure at any time provided that the elected official may not use staff time in excess of fifty dollars ($50.00) as calculated by an hourly rate, nor may the official directly expend more than fifty dollars ($50.00) of city funds incidental to such expression. (d) Penalty. A violation of this section shall be a noncriminal violation subject only to the penalty authorized in section 15-45. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-44 Complaints, hearing officer, and final determination.

Sec. 15-44. - Complaints, hearing officer, and final determination. (a) Complaints. (1) Citizen complaints. A resident of the city who believes a violation of this article has occurred may file a written complaint with the clerk and recorder no later than sixty (60) days after the date on which the complainant either knew or should have known, by the exercise of reasonable diligence, of the alleged violation. Each complaint shall identify the person alleged to have committed a violation, the date of the violation, the facts giving rise to the violation, the provisions of this article alleged to have been violated, and any other information required by the clerk and recorder. The clerk and recorder shall not accept a complaint that fails to meet the requirements of this subsection. Provided, however, if the complaint alleges a violation of this article committed by a candidate running for election or re-election to the office of the clerk and recorder, the clerk and recorder shall appoint an administrative hearing officer pursuant to subsection (c) to carry out the duties assigned to the clerk and recorder in this section. (2) Complaints filed by the clerk and recorder. The clerk and recorder is authorized to file a complaint with an administrative hearing officer appointed pursuant to this section, after providing notice of the violation pursuant to section 15-45, if the person alleged to have committed the violation has failed to cure and is not a candidate for the office of the clerk and recorder. (b) Response and dismissal. If the complaint meets the requirements of subsection (a), the clerk and recorder shall notify the person alleged to have committed the violation (the "respondent") and order the respondent to file a response within thirty (30) days of such notification. If the complaint is filed by a resident, the clerk and recorder may dismiss the complaint if: (1) The respondent has cured the alleged violation; (2) The respondent has already been issued an administrative citation related to the violation; (3) Based on the information in the complaint and taking the facts stated therein as true, the complainant has not stated a plausible violation of this article; or (4) Based on the information in the complaint and the response, there is sufficient information to find, by a preponderance of evidence, that no violation has been committed. (c) Appointment and qualifications of hearing officer. Upon receipt of a response that does not result in dismissal pursuant to subsection (b), or upon the filing of a complaint by the clerk and recorder, the clerk and recorder shall appoint an administrative hearing officer to render a final decision regarding the complaint. The administrative hearing officer may not be career service personnel of the clerk and recorder's office or otherwise work in a full-time capacity as an employee of the clerk and recorder but shall be an agent or employee of the city. Additionally, any person designated to serve as an administrative hearing officer shall be subject to the standards of conduct set forth in the Colorado Code of Judicial Conduct and subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. (d) Final determination. Upon receipt of the complaint, response, and any other information provided by the clerk and recorder, the hearing officer shall schedule a date and time for a hearing or, if there are no genuine issues of material fact in the complaint, render a final decision based on written briefing by the parties. If the hearing officer determines that a hearing on the complaint is necessary, the hearing shall be set no later than thirty (30) days from the mailing date of notice of the hearing. At the conclusion of the hearing or upon review of the written briefs, the hearing officer shall issue a written final decision determining whether the complainant has shown by a preponderance of evidence that the respondent has committed a violation of this article. Upon finding a violation, the hearing officer may assess a penalty as set forth in subsection 15-45. The final decision together with the penalty may be appealed pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (e) Authority of hearing officer. The hearing officer shall have the power to control the hearing including, but not limited to, setting a schedule for written for briefings, ruling upon motions and offers of proof, receiving and admitting evidence, limiting the presentation of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination, and ordering any person to be removed from the hearing. The hearing officer is entitled to examine any witness and request the submission of additional evidence and arguments. At the request of any party to the hearing, the hearing officer may subpoena witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. Any subpoena must be served by delivering a copy of it to the person named or by sending it to them by first-class mail. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. Any subpoena is enforceable by the requesting party in the county court. The respondent and complainant may present evidence to the hearing officer in the form of testimony, documents, rebuttal testimony, and opening and closing statements. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-45 Duties of clerk and recorder; enforcement and penalties.

Sec. 15-45. - Duties of clerk and recorder; enforcement and penalties. (a) Duties of the clerk and recorder. The clerk and recorder shall provide forms and instructional materials for reports required to be filed pursuant to this article and shall preserve and maintain such reports throughout the applicable election cycle. (b) Requests for information. Any person subject to the requirements of this article shall obtain and furnish to the clerk and recorder any information relating to campaign expenditures or contributions and other proof of compliance with this article. (c) Enforcement. Except as otherwise provided in subsection (g), a violation of this article, shall be a noncriminal violation. The clerk and recorder, or an administrative hearing officer in rendering a final decision, is authorized to assess civil penalties as provided in this section. (d) Late and deficient reports. (1) The clerk and recorder may issue an administrative citation pursuant to article XII, chapter 2 only for the failure to file a report or receipt required by this article or cure a deficient report or receipt ("reporting violation"). The procedures for enforcement, penalty, and appeals of such an administrative citation shall be as specified in this section. (2) Prior to issuing an administrative citation for a deficient report, the clerk and recorder shall notify the treasurer of a committee by mail, telephone, or email with respect to any deficiencies found. The notice shall include a description of each deficiency and instructions on how to cure. Deficient reports filed for a general municipal election or run-off election must be cured within ten (10) days of notice, and deficient reports filed for a special election shall be cured within two (2) days of notice. (3) Any person who has been issued an administrative citation for a reporting violation may request that the clerk and recorder waive or reduce the fine. Such request shall be filed within ten (10) days of the due date of the fine. In determining whether to waive or reduce any such fine, the clerk and recorder may consider the requestor's history of delinquency, outstanding penalties, and any other information provided by the requestor. The clerk and recorder shall issue a written final decision granting or denying the request within five (5) business days. (4) Any person who has been issued an administrative citation for a reporting violation may seek review of the citation by filing a petition with the clerk and recorder no later than thirty (30) days after receipt of the citation. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to appeal any administrative citation and failure to comply shall bar any such appeal. The filing of a petition shall stay the enforcement of any penalty assessed pursuant to this section until a final determination is made. Upon receipt of a petition, the clerk and recorder shall appoint a hearing officer to render a final determination on the appeal, pursuant to the procedures identified in section 15-44. The clerk and recorder shall bear the burden to establish, by a preponderance of evidence, that a violation of this article was committed by the person who received an administrative citation. (e) Complaints filed by the clerk and recorder. For any violation of this article other than a reporting violation, the clerk and recorder may issue a notice of violation by mail to the last known address of the person alleged to have violated this article. Such notice shall contain the identity of the person alleged to have committed a violation, the date of the violation, the facts giving rise to the violation, and the provisions of this article alleged to have been violated. Any person who has received a notice of an alleged violation shall have ten (10) days from the mailing date of the notice to cure the violation. If the person fails to cure the violation, the clerk and recorder shall file a complaint pursuant to section 15-44, unless the person alleged to have violated this article is a candidate for the office of clerk and recorder. (f) Civil penalty. (1) The penalty for a reporting violation shall be fifty dollars ($50.00) per day but shall not exceed five hundred dollars ($500.00) per violation. (2) The only penalty for a violation of section 15-43 may be an order to reimburse the city for the amount of money spent in violation of that section. (3) The penalty for a violation of this article, other than a reporting violation or a violation of 15-43, shall be within the discretion of a hearing officer, but shall not exceed nine hundred ninety-nine dollars ($999.00) per violation. Unless distinct and separate violations can be otherwise established, each day an offense and violation continues shall constitute a separate offense and violation. (g) Criminal penalty. It shall be unlawful to violate a provision of this article with the intent to hinder or prevent the identification of a true donor or with the intent to circumvent the limits on contributions or contributions in-kind identified herein. Any such violation shall be subject to the penalties authorized under this article, in addition to the penalties authorized in section 1-13. (h) Impact on election and candidacy. Except as otherwise provided in section 8.2.15 of the Charter, failure to comply with the provisions of this article shall have no effect on the validity of any election, issue, or bonds issued pursuant to law. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-46 Rules and regulations.

Sec. 15-46. - Rules and regulations. The clerk and recorder may adopt rules and regulations necessary for the implementation of this article which may include additional procedures for requesting a waiver of discretionary penalties authorized in this article. Such rules shall be promulgated in accordance with article VI of chapter 2, including, but not limited to, the notification and public hearing procedures identified therein. (Ord. No. 1676-24, § 1, 2-18-25)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH15EL_ARTIIICAFI_DIV1GECAFIREFetched: 10/27/2026