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Political Activity Training�

Office of Legal Counsel

Privileged & Confidential:

Attorney-Client Communication &

Attorney Work Product September 2025

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Key Takeaways – State Employees May Not

engage in campaign-related activities on state time
use state resources for campaign-related activities at any time
use state time or resources to support or oppose any ballot issue or referred measure*

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State employees may not engage in campaign-related activities on state time. This includes:

Engaging in campaign message development
Fundraising for or donating to a campaign
Posting on facebook about a campaign or liking an instagram post about the campaign.

State employees may not use state resources for campaign-related activities at any time. State resources include:

State office supplies
State equipment, including phones, computers, printers - and pens
email - tip to email to personal account

State employees may not use state time or resources to support or oppose any ballot issue or referred measure. There are, however, limited exceptions to this rule (described later in the presentation) for state employees to communicate with members of the public, and in some cases even offer opinions. That’s why there’s an asterix.

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Key Takeaways – State Employees May

on personal time

vote
engage in campaign-related work
contribute money, gifts or property

away from the office
using personal electronic devices and social media outlets
using own resources

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Basically, an employee does not give up their 1st amendment rights as an individual because they work for the State.
State employees may engage in campaign-related work (both for political candidates and ballot issues) during their personal time away from the office using personal electronic devices and social media outlets.
State employees may financially donate to a campaign (both for political candidates and ballot issues) on personal time and use personal time to support a political campaign.

Campaign for a candidate or cause BUT

Must be on your own personal time outside of work
Cannot be in the office
Cannot use state materials: printer, computer, state phone, etc
Need to use your own car
Need to use your own money for gifts, contributions, donations (can’t use state/agency credit card or funds or be reimbursed for food or gas, etc, for political activities)

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DO NOT use State Resources for Campaigns

The State cannot make campaign contributions

Contributions include:

Money, including loans of money or property
Gifts, including in-kind gifts
Any other thing of value given directly or indirectly to a candidate

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DO NOT use State Resources for Campaigns

State resources cannot be used for campaign-related purposes
Resources includes:

IT - work computers, work phones, work email accounts, email list serves
Office supplies - photocopiers, staplers, pencils, paper, pens
State work time - including phone calls from a personal cell phone during work hours, emails from a personal account, or social media platforms

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DO NOT use State Resources for Campaigns

State Vehicles - cannot be used for campaign related activities

use personal vehicle - even if activity involves both official state business and political activities
BUT the Governor and the Governor’s security detail may

State Plane - cannot be used for campaign-related activities

BUT the Governor may if campaign reimburses the state
Note: you must seek approval from Chief of Staff and Chief Legal Counsel

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The use of a state-owned vehicle is not permitted for political campaign activities.

If engaging in a political activity, a state employee must use their personal vehicle.
If engaging in a political activity that involves both official state business and political activities, then the employee should use their personal vehicle.

BUT this rule does not apply to the Governor’s security detail or the Governor’s use of state vehicles.

PLANE

If engaging in a campaign-related activity, state employees may not use the state plane.

If the Governor uses the state aircraft for campaign-related purposes, in whole or in part, any expenses related to the campaign must be reported and reimbursed.
An employee must seek approval from the Governor’s Chief of Staff and Chief Legal Counsel to use state-owned aircraft.

This slide should say:

Use your personal vehicle if you will be doing any campaigning
Ask OLC about the state plane

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Schedule Campaign-Related Activities After Work

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** If you are engaging in campaign activity during the work day, make sure you both get approval for the time off and take the time off in Kronos

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Legislative/Public Policy Discussions can be Okay

discuss how to advance administration’s policy goals
strategize about legislative agendas
consider how actions may be perceived by constituents
evaluate impact of proposed ballot measures on the State
have casual conversations with coworkers about current events and political landscape

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Our work often involves political strategy and partisan conversations. This is part of your job. In your role with the Governor’s office you MAY:

Discuss how to advance the policy goals of the administration,
Strategize about legislative agendas,
Consider how executive and legislative actions may be perceived by constituents

Talk to NGOs, legislators, for profits, trade orgs, etc about the administration’s actions.

Evaluate impact of proposed ballot measures on the State

EG: OSPB will determine the impact of ballot measures passing/not passing on the State’s finances to be prepared for passage/failure of a ballot measure.

Okay to: have casual conversations with coworkers about current events and political landscape.

not ok to connect that same policy or bill to the Governor’s re-election efforts.
not ok to work on campaign strategy, messaging or development

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Ballot Measure Exceptions - Consult with OLC

Certain state employees with policy-making responsibilities may express an opinion on a ballot measure

cannot expend more than $50

Authorized state employees may respond to unsolicited questions about ballot measures

share the Governor’s public opinion on the issue

The Governor can express a personal opinion on a ballot issue

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Just like other campaigns, state resources cannot be used for ballot measure campaigns
BUT there are a few exceptions…please reach out to OLC

certain employees with policy-making responsibilities (including EDs) can use $50 in state resources to express an opinion - BUT this $50 includes everything (including staff time)

A court case against Mike Coffman when he was treasurer went all the way to the Colorado Supreme Court and he was found to have violated the Fair Campaign Practices Act when he used staff time to send out press releases against a ballot initiative.

Coffman sent out three press releases advocating against a ballot issue, which was found to be an “in-kind contribution” worth more than $50 because of the staff time used.

If an employee is asked a question about an unsolicited question about a ballot measure, the employee can respond

BEST PRACTICE - Share the Governor’s public position

Gov can express an opinion

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Ballot Measure Exceptions - Consult with OLC

State can create a neutral factual summary of a ballot measure

listing arguments for and against the proposal
cannot contain a conclusion or opinion on the merits of the measure

State can pass a resolution expressing an opinion on a ballot measure

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Summary

State employees may not engage in campaign-related activities on state time.
State employees may not use state resources for campaign-related activities at any time.
State employees may not use state time or resources to support or oppose any ballot issue or referred measure (with some exceptions).
State employees may engage in campaign-related work during their personal time away from the office with personal resources, including donating.

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Questions?

Office of Legal Counsel

Kara Veitch (kara.veitch@state.co.us)

Jenna Goldstein (jenna.goldstein@state.co.us)

Colleen Morey (colleen.morey@state.co.us)

Sumi Lee (sumi.lee@state.co.us)

Asma Keeler (asma.keeler@state.co.us)

Britta Beckstead (britta.beckstead@state.co.us)

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