A Bill for an Act
Page 1, Line 101Concerning the prohibition of certain partisan political
Page 1, Line 102activities by publicly employed certified peace officers
Page 1, Line 103while in uniform or using government resources.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill designates a category of peace officers as covered peace officers. A covered peace officer is an individual who is both:
- A public official or employed by a political subdivision of the state; and
- Required to be certified by the P.O.S.T. board.
- Using or authorizing the use of public resources for the purpose of campaigning for or against the nomination or election of a candidate; and
- Engaging in partisan political activity while wearing a uniform required by a political subdivision of the state.
The bill prohibits a covered peace officer from:
The bill includes a penalty for violating these prohibitions of up to $1,000 and potential dismissal from employment as a covered peace officer.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 30-10-531 as follows:
Page 2, Line 330-10-531. Limitations on partisan political activities -
Page 2, Line 4exemptions - enforcement - legislative declaration - definitions.
Page 2, Line 5(1) (a) Legislative declaration.The general assembly finds and declares that:
Page 2, Line 6(I) Law enforcement must be conducted in an impartial and apolitical manner; and
Page 2, Line 7(II) Even the appearance of partisan political activity in
Page 2, Line 8the conduct of law enforcement undermines the trust and
Page 2, Line 9confidence in law enforcement necessary for law enforcement officers to perform their duties.
Page 2, Line 10(b) Therefore, it is the intent of the general assembly
Page 2, Line 11that peace officers shall not engage in partisan political activity while in uniform or using government resources.
Page 2, Line 12(2) Definitions.As used in this section, unless the context otherwise requires:
Page 2, Line 13(a) "Covered peace officer" means any person who is both:
Page 2, Line 14(I) A public official or employed by a political subdivision
Page 2, Line 15of the state; and
Page 3, Line 1(II) Required to be certified by the P.O.S.T. board pursuant to section 16-2.5-102.
Page 3, Line 2(b) "Partisan political activity'' means an action that
Page 3, Line 3supports or opposes a political party or candidate for public office.
Page 3, Line 4(3) Limitation on partisan political activities.It is unlawful for a covered peace officer to either:
Page 3, Line 5(a) Use or authorize the use of public resources for the
Page 3, Line 6purpose of campaigning for or against the nomination or election of a candidate; or
Page 3, Line 7(b) Engage in partisan political activity while wearing a uniform required by a political subdivision of the state.
Page 3, Line 8(4) Exemptions.Nothing in this section prohibits a covered peace officer from:
Page 3, Line 9(a) Making a government facility available to a person
Page 3, Line 10for campaign purposes if the identity of the candidate or the
Page 3, Line 11support for or opposition to the candidate is not a factor in
Page 3, Line 12making the government facility available or in determining the cost or condition of the use of the government facility;
Page 3, Line 13(b) Responding to specific inquiries by the press or the
Page 3, Line 14public as to the covered peace officer's opinion or from providing information in response to a request for information; or
Page 3, Line 15(c) Engaging in any political activity while not wearing a uniform required by a political subdivision of the state.
Page 3, Line 16(5) Enforcement. (a) A violation of this section is a civil
Page 3, Line 17infraction and, upon conviction, a covered peace officer is
Page 3, Line 18subject to a fine not to exceed one thousand dollars per
Page 4, Line 1violation and may be dismissed from employment as a covered peace officer.
Page 4, Line 2(b) (I) Any person may file an affidavit with the district
Page 4, Line 3attorney stating the name of any covered peace officer who has
Page 4, Line 4violated this section and stating the facts that constitute the
Page 4, Line 5alleged offense. Upon the filing of such an affidavit, the district
Page 4, Line 6attorney shall promptly investigate and, if reasonable grounds
Page 4, Line 7for finding a violation appear, the district attorney shall prosecute the violator.
Page 4, Line 8(II) The attorney general has equal power with the
Page 4, Line 9district attorney to file and prosecute complaints against any covered peace officer for violating this section.
Page 4, Line 10SECTION 2. Act subject to petition - effective date. This act
Page 4, Line 11takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 12ninety-day period after final adjournment of the general assembly; except
Page 4, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 4, Line 14of the state constitution against this act or an item, section, or part of this
Page 4, Line 15act within such period, then the act, item, section, or part will not take
Page 4, Line 16effect unless approved by the people at the general election to be held in
Page 4, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.