Requirements for Campaign Consultants

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction HOUSE BILL 26-1137 LLS NO. 26-0338.02 Rebecca Bayetti x4348 HOUSE SPONSORSHIP Titone and Garcia, Bacon, Bottoms, Bradfield, Froelich, Hamrick, Joseph, Keltie, Lindsay, Mabrey, Marshall, Nguyen, Soper, Story, Taggart, Velasco, Woodrow SENATE SPONSORSHIP Cutter, House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING REQUIREMENTS FOR PERSONS ENGAGED IN CAMPAIGN CONSULTING.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill imposes certain requirements on persons engaged in campaign consulting services, which are professional services to promote the election, retention, recall, or defeat of a candidate. Campaign consultants and consulting firms are not allowed to knowingly: ! Represent an interest adverse to their client without first obtaining the written consent of the client after full Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

HOUSE Amended 2nd Reading March 9, 2026 disclosure; ! Provide campaign consulting services in support of opposing candidates in the same election without first obtaining the written consent of both candidates after full disclosure; or ! Disclose, to provide material benefit to an opposing candidate in the same election, confidential information that relates to a candidate on behalf of whom the consultant or consulting firm provided campaign consulting services and that was gained in the course of the campaign consulting for that candidate. An aggrieved person may file a civil suit alleging a violation of these requirements.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Legislative declaration.

(1) The general assembly finds and declares that:

(a) Campaign consultants provide an important service to individuals who wish to run for office. They support campaign logistics, messaging, planning, and implementation of the campaign plan. These consultants work for the best interest of the candidate to assist the candidate in winning at each milestone of the campaign. Much like attorneys and other professionals, campaign consultants and consulting firms should not take on competing clients without express consent and the necessary documentation to ensure that they can adequately provide services to all of their clients.

(b) Even under the most careful of situations for partitioning information, a campaign consultant or consulting firm that represents opposing candidates is forced to split resources, thereby hindering the progress of the candidates they represent; and

(c) Campaign consultants have and may continue to surprise their candidate clients by allowing the candidate's opponents to hire their services, therefore being paid to split available resources for opposing clients, which is disruptive to the democratic process.

(2) Now, therefore, the general assembly declares that it is in the public interest to implement certain ethical requirements for the profession of campaign consulting to ensure that democratic elections are conducted fairly, without favor or detriment to any particular candidate based on who the candidate hires to provide professional campaign consulting services.

SECTION 2. In Colorado Revised Statutes, add part 6 to article 6 of title 24 as follows:

PART 6 REQUIREMENTS FOR CAMPAIGN CONSULTANTS

24-6-601. Definitions.

AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) (a) "CAMPAIGN CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL WHO RECEIVES OR IS PROMISED MONEY FOR CAMPAIGN CONSULTING SERVICES.

(b) "CAMPAIGN CONSULTANT" DOES NOT INCLUDE:

(I) A VENDOR WHO PROVIDES TANGIBLE GOODS IN THE ORDINARY COURSE OF THE VENDOR'S BUSINESS, INCLUDING VENDORS WHOSE GOODS RELATE TO FUNDRAISING ACTIVITIES;

(II) AN ATTORNEY WHO PROVIDES ONLY LEGAL SERVICES;

(III) SERVICES;

AN ACCOUNTANT WHO PROVIDES ONLY ACCOUNTING

(IV) A POLLSTER WHO PROVIDES ONLY POLLING SERVICES; OR

(V) A TREASURER WHO PROVIDES ONLY THOSE SERVICES THAT ARE REQUIRED OF TREASURERS.

(2) "CAMPAIGN CONSULTING" MEANS PROFESSIONAL SERVICES TO PROMOTE THE ELECTION, RETENTION, RECALL, OR DEFEAT OF A CANDIDATE, INCLUDING:

(a) DEVELOPING CAMPAIGN STRATEGIES;

(b) PARTICIPATING IN CAMPAIGN MANAGEMENT;

(c) COORDINATING CAMPAIGN STAFF;

(d) ORGANIZING MEETINGS AND EVENTS TO PUBLICIZE A CANDIDATE OR CAUSE;

(e) CONDUCTING PUBLIC OPINION POLLING;

(f) PROVIDING RESEARCH ON ISSUES OR OPPOSITION BACKGROUND;

(g) COORDINATING OR PURCHASING PRINT OR BROADCAST MEDIA;

(h) FUNDRAISING ACTIVITIES BEYOND SOLELY OFFERING VENDOR GOODS SUCH AS SOFTWARE RELATED TO FUNDRAISING; AND

(i) CONDUCTING OTHER POLITICAL ACTIVITIES.

(3) "CANDIDATE" HAS THE MEANING SET FORTH IN SECTION 2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION AND SECTION 1-45-103 (2); EXCEPT THAT "CANDIDATE" ALSO INCLUDES AN INDIVIDUAL WHO SEEKS NOMINATION OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THE STATE.

(4) "CLIENT" MEANS THE PERSON THAT ENGAGES, EMPLOYS, OR RETAINS THE PROFESSIONAL SERVICES OF ONE OR MORE CONSULTANTS TO UNDERTAKE CAMPAIGN CONSULTING.

(5) "CONFIDENTIAL INFORMATION" MEANS INFORMATION DEFINED AS CONFIDENTIAL IN AN AGREEMENT BETWEEN A CLIENT AND A CONSULTANT OR CONSULTING FIRM.

(6) "CONSULTING FIRM" MEANS A PERSON THAT EMPLOYS ONE OR MORE CONSULTANTS TO PROVIDE CAMPAIGN CONSULTING SERVICES ON BEHALF OF A CLIENT.

24-6-602. Prohibited practices - civil cause of action.

(1) A CAMPAIGN CONSULTANT OR CONSULTING FIRM SHALL NOT KNOWINGLY:

(a) REPRESENT AN INTEREST ADVERSE TO THE CONSULTANT'S OR THE CONSULTING FIRM'S CLIENT WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF THE CLIENT AFTER FULL DISCLOSURE BY THE CONSULTANT OR CONSULTING FIRM OF THE ADVERSE INTEREST;

(b) PROVIDE CAMPAIGN CONSULTING SERVICES IN SUPPORT OF OPPOSING CANDIDATES IN THE SAME ELECTION WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF BOTH CANDIDATES AFTER FULL DISCLOSURE BY THE CONSULTANT OR CONSULTING FIRM; OR

(c) DISCLOSE, TO PROVIDE MATERIAL BENEFIT TO AN OPPOSING CANDIDATE IN THE SAME ELECTION, CONFIDENTIAL INFORMATION THAT RELATES TO A CANDIDATE ON BEHALF OF WHOM THE CONSULTANT OR CONSULTING FIRM PROVIDED CAMPAIGN CONSULTING SERVICES AND THAT WAS GAINED IN THE COURSE OF THE CAMPAIGN CONSULTING FOR THAT CANDIDATE.

(2) AN AGGRIEVED PERSON MAY BRING A CIVIL ACTION ALLEGING A VIOLATION OF THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.

THE AGGRIEVED PERSON MAY FILE SUIT IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT WHERE THE ALLEGED VIOLATION OCCURRED. THE AGGRIEVED PERSON MAY:

(a) SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF;

(b) DAMAGES;

BRING AN ACTION FOR COMPENSATORY AND PUNITIVE

(c) SEEK REASONABLE ATTORNEY FEES, FILING FEES, AND COSTS; AND

(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO ENFORCE THIS SECTION AND REMEDY THE HARM CAUSED BY THE ALLEGED VIOLATION.

SECTION 3.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

This act applies to campaign consulting and campaign consultants on or after January 1, 2027.