16-953

16-953. Return of monies to the citizens clean
elections fund

(Caution: 1998 Prop. 105 applies)

A. At the end of the primary election period, a participating candidate who has
received monies pursuant to section 16-951, subsection A, paragraph 1 shall return to the
fund all monies in the candidate's campaign account above an amount sufficient to pay any
unpaid bills for expenditures made during the primary election period and for goods or
services directed to the primary election.

B. At the end of the general election period, a participating candidate shall
return to the fund all monies in the candidate's campaign account above an amount
sufficient to pay any unpaid bills for expenditures made before the general election and
for goods or services directed to the general election.

C. A participating candidate shall pay all uncontested and unpaid bills referenced
in this section no later than thirty days after the primary or general election. A
participating candidate shall make monthly reports to the commission concerning the
status of the dispute over any contested bills. Any monies in a candidate's campaign
account after payment of bills shall be returned promptly to the fund.

D. If a participating candidate is replaced pursuant to section 16-343, and the
replacement candidate files an oath with the secretary of state certifying to section
16-947, subsection B, paragraph 3, the campaign account of the participating candidate
shall be transferred to the replacement candidate and the commission shall certify the
replacement candidate as a participating candidate without requiring compliance with
section 16-950 or the remainder of section 16-947. If the replacement candidate does not
file such an oath, the campaign account shall be liquidated and all remaining monies
returned to the fund.

E. If a participating candidate who has received monies pursuant to section 16-951,
subsection A, paragraph 1 does not qualify for the ballot for the primary election, the
participating candidate shall:

1. Return to the fund all monies in the candidate's campaign account above the
amount sufficient to pay any unpaid bills for expenditures made before the date the
candidate failed to qualify for the primary ballot.

2. Return to the commission, within fourteen days, all remaining assets purchased
with public funds in that election cycle, including all political signs. The disqualified
participating candidate is not required to return political signs purchased in a previous
election cycle.

3. Repay any monies paid to a family member unless the participating candidate
demonstrates that the payment made was for goods or services actually provided before
disqualification of the candidate and the payment was for fair market value. For the
purposes of this paragraph, "family member" means a parent, grandparent, spouse, child or
sibling of the candidate or a parent or spouse of any of those persons.