2022 Colorado Code
Title 1 - Elections
Article 45 - Fair Campaign Practices Act
§ 1-45-112.5. Immunity From Liability
(1) Any individual volunteering his or her time on behalf of a candidate or candidate committee shall be immune from any liability for a fine or penalty imposed pursuant to section 10 (1) of article XXVIII of the state constitution in any proceeding that is based on an act or omission of such volunteer if:
(a) The volunteer was acting in good faith and within the scope of such volunteer's official functions and duties for the candidate or candidate committee; and
(b) The violation was not caused by willful and intentional misconduct by such volunteer.
(2) Subsection (1) of this section shall be administered in a manner that is consistent with section 1 of article XXVIII of the state constitution and with the legislative declaration set forth in section 1-45-102.
(3) Any media outlet shall be immune from civil liability in any court where the media outlet:
(a) Withdraws advertising time reserved by an independent expenditure committee that fails to register in accordance with the requirements of section 1-45-107.5 (3)(a); or
(b) Elects to void an advertising contract and the advertisement:
(I) Is paid for by an independent expenditure committee that fails to register under section 1-45-107.5 (3)(a);
(II) Is paid for by an independent expenditure committee that is registered under section 1-45-107.5 (3)(a) but the committee fails to file a disclosure report under section 1-45-108 (2) through the date of the most recent required report; or
(III) Fails to satisfy the requirements of section 1-45-107.5 (5)(a).
(4) An affected media outlet may void a contract that implicates paragraph (b) of subsection (3) of this section in the sole discretion of the media outlet.
Source: L. 2003: Entire section added, p. 2160, § 6, effective June 3. L. 2010: (3) and (4) added, (SB 10-203), ch. 269, p. 1237, § 7, effective May 25.
Cross references: For the legislative declaration in the 2010 act adding subsections (3) and (4), see section 1 of chapter 269, Session Laws of Colorado 2010.
