Recent Developments – Fair Campaign Practices Act

With April Statutory Town and May Special District elections right around the corner, it is a good time for local governments to once again evaluate compliance with Colorado's Fair Campaign Practices Act (the "FCPA"). Pursuant to the FCPA, a government may not (1) make a contribution in a campaign involving the nomination, retention, or election of any person, or (2) expend moneys from any source or make contributions to urge electors to vote in favor of or against most ballot measures. State law does not explicitly state a time when a public entity's compliance with the FCPA commences. It has been generally believed that compliance with the FCPA commences once a governing body takes official action to hold an election. Under State law, the FCPA prohibits public entities from spending public funds to urge electors to vote in favor of or against any ballot issue that has been submitted for the purpose of having a title fixed pursuant to Section 31-11-111, C.R.S. Under