Campaign Finance Law Firm serving Denver and Colorado

Without adequate funding, your effectiveness as a election candidate or as a political advocacy organization can be extremely limited. Whether you are running for federal, state or local public office, or are in charge of nonprofit organizations or political advocacy groups who seek to participate in the dialogue on issues, policy, and the selection of candidates through the democratic process, effective fundraising is imperative at all levels in order to have the resources needed to communicate and carry your message to the voting public and the policy makers.

At the federal level, the Bipartisan Campaign Reform Act (BCRA), adopted by the Congress in 2002, raised contribution limits to federal candidate committees, political committees (federal PACs) and state and national political parties, but also enacted prohibitions on so-called “soft money” and contributions by corporations and labor organizations.  The new federal law also imposed additional disclosure requirements and limitations for groups engaging in “electioneering communications,” public communications to voters that unambiguously refer to any federal candidate within certain periods before an election. 

At the state level, Colorado voters approved Amendment 27 in 2002, adding a constitutional amendment on campaign finance to the Colorado Constitution (Article XXVIII – “Campaign and Political Finance”).   Article XXVIII imposed significant restrictions on contributions to candidate committees, political committees, and political parties; created a special type political committee called a small donor committee, and imposed new definitions of campaign finance terms.  The new law also banned contributions to candidates and political parties and express advocacy expenditures by corporations and labor organizations, imposed disclosure requirements for groups engaging in electioneering communications, and imposed significant limits on coordination between candidates, parties, and outside groups.  Campaign finance regulations affecting expenditures for ballot issues, whether placed on the ballot by referred measure or by citizen initiative, are also highly regulated under state law.

The Internal Revenue Service (IRS) has an increasingly important role in campaign finance regulation, requiring registration and reporting under Section 527 of the Internal Revenue Code for certain political organizations whose primary purpose is to influence the outcome of elections.  Non-profit organizations, associations, charitable groups, foundations, and for-profit companies need to be particularly mindful of the impact their political activities may have on their tax status, and must ensure compliance with the various disclosures and disclaimers required by relevant law.

New laws at the federal, state, and even local level are always on the horizon, and both the Federal Election Commission (FEC) and the Colorado Secretary of State regularly promulgate rules, regulations and advisory opinions.  In addition, court cases and administrative agency actions routinely limit or expand the scope and application of campaign finance law, making this area of the law something of a moving target.  To help avoid your campaign or political organization becoming the target of a costly and public administrative action, audit, or campaign finance related litigation—with fines, administrative penalties, and even potential criminal liability—you need expert legal advice.

At Zakhem Atherton, we specialize in helping our clients be in full compliance with applicable election and campaign finance law. We stay current on campaign finance regulations at the federal, state, and local levels, and assist candidates and their contributors keep in line with legal contribution limits and registration and reporting requirements.

A skilled campaign finance attorney can ensure that your committee or political group is in full compliance with all relevant campaign finance laws.

Does your election campaign need experienced and up-to-date advice on campaign finance regulation and compliance? Call or email the campaign finance law experts at Zakhem Atherton, LLC for a free consultation.