The Colorado Secretary of State has adopted rules (text below) mandating electronic filing, beginning November 30, 2009, for all filers who file with the Secretary of State. Municipal candidates and committees are not affected by this rule.
The online filing system is the standard tool for electronic filing but the Secretary of State’s Office also offers bulk data filing options. For information on bulk data filing click here.
Rule 11 Concerning Electronic Filing As Adopted September 17, 2009:
11. Electronic Filing.
11.1 All disclosure reports filed with the secretary of state pursuant to Article XXVIII of the Colorado Constitution and Article 45 of Title 1 of the Colorado Revised Statutes shall be filed electronically. Reports required to be filed electronically with the secretary of state under this rule that are presented for manual filing shall not be accepted. This Rule shall not apply to personal financial disclosure reports required by section 1-45-110, C.R.S.,
11.2 In accordance with section 24-21-111, C.R.S., reports are not required to be filed electronically in either of the following circumstances:
11.2.1 The secretary of state has granted an exception to the electronic filing requirement after written application based on hardship or other good cause shown. All applications for an exception shall include a brief statement of the hardship or good cause for which the exception is sought. Applications must be received by the secretary of state at least fifteen (15) calendar days prior to the first applicable filing deadline in the election cycle, unless the exception is based on emergency circumstances arising after such deadline, in which case the nature of the emergency shall be described in the application. The filing of an application for exception based on emergency circumstances does not delay any reporting deadlines, however, if a penalty is imposed for failure to file a report on the date due, the penalty may be set aside or reduced in accordance with section 10(2) of Article XXVIII. The Secretary of State shall review and respond in writing to all applications for an exception within three (3) business days.
11.2.2 The report is filed using the secretary of state’s Electronic Data Interface (EDI) upon approval of the secretary of state.
11.3 For the purposes of this rule 11, “electronic filing” is defined as the filing of reports required by Article XXVIII of the Colorado Constitution and Article 45 of Title 1 of the Colorado Revised Statutes utilizing the internet system created by the secretary of state pursuant to section 1-45-109(6), C.R.S.
11.4 For the purposes of this rule 11, “entry” is defined as any contribution, expenditure, returned contribution, returned expenditure, loan, loan repayment, or in connection with a political organization, spending.
11.5 The Transparency in Contribution and Expenditure Reporting electronic filing system, known as “TRACER”, will attempt to identify potential violations as an aid to filing by displaying warning messages when contributions or expenditures appear to violate Article XXVIII of the Colorado Constitution or Article 45 of Title 1, C.R.S. However, filers are ultimately responsible for compliance with the law and these rules regardless of whether the system identifies or fails to identify a potential violation.