Colorado Code
Part 1 - Offenses - General Provisions
§ 1-13-109. False or Reckless Statements Relating to Candidates or Questions Submitted to Electors - Penalties - Definitions

(1) (a) No person shall knowingly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office.
(b) [ Editor's note: This version of subsection (1)(b) is effective until March 1, 2022. ] Any person who violates any provision of paragraph (a) of this subsection (1) commits a class 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.
(b) [ Editor's note: This version of subsection (1)(b) is effective March 1, 2022. ] Any person who violates any provision of subsection (1)(a) of this section upon conviction shall be punished as provided in section 1-13-111.
(2) (a) No person shall recklessly make, publish, broadcast, or circulate or cause to be made, published, broadcasted, or circulated in any letter, circular, advertisement, or poster or in any other communication any false statement designed to affect the vote on any issue submitted to the electors at any election or relating to any candidate for election to public office. Notwithstanding any other provision of law, for purposes of this subsection (2), a person acts "recklessly" when he or she acts in conscious disregard of the truth or falsity of the statement made, published, broadcasted, or circulated.
(b) Any person who violates any provision of paragraph (a) of this subsection (2) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.
(3) For purposes of this section, "person" means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons, including a group organized under section 527 of the internal revenue code.
Source: L. 80: Entire article R&RE, p. 430, § 1, effective January 1, 1981. L. 2002: (2) amended, p. 1464, § 8, effective October 1. L. 2005: Entire section amended, p. 1366, § 1, effective September 1. L. 2021: (1)(b) amended, (SB 21-271), ch. 462, p. 3123, § 4, effective March 1, 2022.
Editor's note: (1) This section is similar to former § 1-30-133 as it existed prior to 1980.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

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