—–Original Message—–
From: B.I.
Sent: Thursday, October 25, 2007 12:17 PM
To: JH Schroeder
Subject: Funding pro-1B flyers
In the 10/25/07 ECN paper the Thomassons allege;
1) the pro-1B flyer cost $38K, and
2) the ECDC paid a portion of that expense, and
3) the ECDC receives funds from the BOCC.
If these allegations are true, the non profit ECDC may fall under a “strict construction” of government councils proscribed by C.R.S. 1-45-117 from funding issue advocacy in an election.
att. C.R.S. 1-45-117
“The purpose of this section is to prohibit the state government and its officials from spending public funds to influence the outcome of campaigns for political office or ballot issues. Colo. Common Cause v. Coffman, 85 P.3d 551 (Colo. App. 2003), aff’d, 102 P.3d 999 (Colo. 2004).
“This section must be strictly construed. It is an established principle that statutes regarding the use of public funds to influence the outcome of elections are strictly construed. Coffman v. Colo. Common Cause, 102 P.3d 999 (Colo. 2004).”