Independent Expenditures
Independent expenditures are political spending to support or oppose candidates or ballot issues that must be made without coordination with campaigns or committees. Learn about reporting requirements, record keeping and registration thresholds for Fort Collins elections.
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What is an Independent Expenditure?
An independent expenditure is money spent to support or oppose a candidate for election, defeat or recall without coordination with any candidate or their agent. It also includes spending for political messages that clearly refer to a specific public office or candidate, and money spent to support or oppose a ballot issue or ballot question without coordination with an issue committee or small-scale issue committee.
Independent expenditures include paid ads on websites or free/discounted ads when you would normally pay.
Independent expenditures do not include spending by businesses in their regular course of business and political messages sent only to their members, spending by small-scale issue committees or news articles, editorial endorsements, opinion writings or letters to the editor in publications not owned by the candidate, or free communications posted online (except ads).
Reporting Requirements
If you spend more than $250 on independent expenditures for any of the items mentioned above, you must report these expenditures within three business days after you commit funds. The City considers funds committed when you agree to buy property, materials or services, even if you pay later.
Record Keeping
You must document all independent expenditures and keep records including invoices, receipts, payment records and copies of any public communications. Keep these records for one year after the election unless a complaint is filed or you receive notice of an investigation. In those cases, keep records until the matter is resolved. You must provide records to the City within three business days if requested.
Registration Requirements
If you spend $2,500 or more on independent expenditures as part of any City election, you must register as an issue or political committee (depending on what you are supporting or opposing) within three business days of exceeding this amount. Your initial report must include dates of previous expenditures and funding sources.
Independence Requirement
Independent expenditures must be truly independent. You cannot coordinate with or receive direction from the candidate or their agent, or an issue committee, small-scale issue committee or political committee.
Examples of Independent Expenditures
Independent expenditures include spending to support or defeat a candidate that is made independently from the candidate, spending for political messages that clearly refer to a specific public office or candidate, spending to support or oppose a ballot issue or ballot question, and free or reduced-price ads on websites when a fee would normally be charged.
What Does Not Count as Independent Expenditures
Independent expenditures do not include: business spending in normal operations and messages to members only, spending by small-scale issue committees, or news coverage in publications not owned by the candidate, or free online communication (except ads).