What is the difference between “express advocacy” and “non-express” or “issue advocacy”, and why is the distinction important?
In Colorado, any organization or group of persons that spends more than $200 to expressly advocate for the election or defeat of a state or local candidate, regardless of the group’s filing or registration status, will be deemed to be a “political committee” for the purpose of state campaign finance regulation and limitations. Groups and organizations should studiously avoid using terms or words of express advocacy such as “vote for,” “elect,” “support,” “cast your ballot for,” “Smith for State Senate,” “vote against,” “defeat,” or “reject” in any publications or communications directed towards voters, or toward individuals other than the group’s own members, unless they wish to be classified as and subject to all the campaign finance limits and reporting requirements of a political committee for state law purposes.
