May 20, 2019

Colorado Court of Appeals: Payments for Vendor Tables at Republican Convention Were Not Political Contributions

The Colorado Court of Appeals issued its opinion in Campaign Integrity Watchdog v. Colorado Republican Committee on Thursday, October 5, 2017.

Administrative Law Judge—Campaign Contributions—Value of Services—Reportable—C.R.S. §§ 1-45-108(1)(a)(I) and -103(6)(b).

An administrative law judge (ALJ) held a hearing and determined that the Colorado Republican Committee (CRC) improperly failed to report three payments for vendor tables at its 2016 Republican Party assembly and convention. The CRC was fined and sanctioned for failing to report contributions.

On appeal, CRC contended that the ALJ erred in determining that the three payments for vendor tables at the convention were reportable contributions under state law and not properly reported by CRC. C.R.S. § 1-45-108(1)(a)(I) requires political committees to report receipt of contributions of $20 or more and to report expenditures and obligations. C.R.S. § 1-45-103(6)(b), which defines “contribution,” applies to all contributions “for which the contributor receives compensation or consideration,” and thus applies to the payments at issue here. Under the plain language of this section, political parties are required to report only that portion of payments for services that exceeds the value of the services rendered. Here, Campaign Integrity Watchdog provided no evidence that the value of the vendor tables was actually less than the $350 CRC charged. Therefore, the ALJ erred in finding that the payments at issue were reportable contributions under state law.

The part of the order imposing a fine and sanctions against CRC for failing to disclose the relevant payments was reversed.

Summary provided courtesy of Colorado Lawyer.

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