Campaign Finance Restrictions on Use of Public Resources by Legislators in a Ballot Measure Campaign

This memorandum addresses the ability of legislators to explain and express the legislator's position or opinion on an initiated or referred ballot measure in light of the limitations and prohibitions on the use of public moneys and resources to support or oppose a referred measure contained in the Fair Campaign Practices Act, article 45 of title 1, C.R.S. ("the FCPA"). This would include, for example, the dissemination of a legislator's opinion in a newsletter, op-ed piece, e-mails, or by other written means to a legislator's constituents specifically or to the electorate generally in advance of the election on such a measure.